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Old 07-29-2012, 06:02 PM   #1
Fruitbat
 
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Don't catch your own water

http://www.foxnews.com/us/2012/07/16...est=latestnews

Seriously?


MEDFORD, Ore. – A rural Eagle Point man said he will continue his decade-long legal battle with Oregon water managers over what they call illegal reservoirs.

Gary Harrington said the water containers are merely ponds holding rain and snow runoff from his property, and that he stores the water mainly for fire protection.

The Mail Tribune reported Harrington plans to appeal his recent conviction on nine misdemeanor charges for filling his reservoirs with rain and snow runoff that the state maintains is owned by the Medford Water Commission.

Harrington disagrees with the state's interpretation of a 1925 state law granting the commission broad water rights to the Big Butte Creek Basin. He believes he's been singled out amid other pond owners.

"When it comes to the point where a rural landowner can't catch rainwater that falls on his land to protect his property, it's gone too far," he said. "This should serve as a dire warning to all pond owners."

Officials hope Harrington's July 25 sentencing ends what they consider a constant battle. The dispute has dragged through the state court system since Harrington was first convicted of illegally taking water without a permit in 2002.

"Water law is water law, whether you agree with it or not," Jackson County Water Master Larry Menteer said.

Harrington's case was prosecuted by the state Department of Justice at the request of the Jackson County District Attorney's office. Prosecutor Patrick Flanagan, who handled the case, declined to comment until after Harrington's sentencing.

Harrington fired his lawyer in May and represented himself at his trial, which opened Tuesday. On Wednesday, a six-member jury convicted him on three counts each on charges of illegal use of water denied by a water master, unauthorized use of water and interfering with a lawfully established head gate or water box.

In 2002, Harrington pleaded guilty to similar charges applied for permits for his reservoirs, They were denied.

At issue is the interpretation of the 1925 state law that gave the water commission exclusive rights to all the water in Big Butte Creek, its tributaries and Big Butte Springs. That's core of the city's municipal water supply.

Harrington has argued in court documents that he's not diverting water from the creek system, but capturing rainwater and snowmelt from his 172-acre property along Crowfoot Road. He maintained that the runoff does not fall under the state's jurisdiction and does not violate the 1925 act.

Water managers have said the runoff is a tributary of nearby Crowfoot Creek and thus subject to the law.

"It's a 10-year-old case," said Janelle McFarland, the original Oregon state police trooper who investigated the initial complaints but has since retired. "Mr. Harrington was given every opportunity to comply with the water law and he chose not to."

Read more: http://www.foxnews.com/us/2012/07/16...#ixzz223zQV895
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Old 07-30-2012, 01:19 AM   #2
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Most states have similar laws. In parts of Arizona, North and South Carolina, and even Virginia they are prosecuting farmers who collect rainwater as due to the fact the local towns/cities are having problems getting enough water for daily use they have banned people from collecting it when it rains.

What's really ironic is there is a movie from a few years back called 'Even The Rain', a Spanish film made in Bolivia which is very good about this topic. Beofre the current administration there cleaned things up corporations took over Boliva for many years. One of the things that led up to the people finally getting involved was the government arresting people who had buckets out to collect rain for their families. Clean water is sold, and a corporation bought rights to sell it and had the police arrest anyone who refused to buy it or tried to collect it on their own.

Today, that scenario exists in many places in America and the number of places there who are implementing this policy is growing.

If one were a conspiracy theorist type one also might question the Bush administrations 'Clean Water' act. The 'Clean Water Act' was much like the 'Clear Skies Act', both had the exact opposite function. Bush used his clear skies act to repeal a list of laws that blocked companies from polluting the air. The clean air act repealed many laws which protected inland water.

After these acts were put in place pollution was rolled back by 20 years and pollution rates soared across America and today less then like 5% of freshwater rivers. ponds, streams, etc. are safe to drink or eat fish from.

That's one way to make sure people don't go to the source for clean water - allow companies to pollute it to the point that the average American is forced to purchase water, then pass laws to ban them from collecting rain.
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Old 08-01-2012, 09:26 PM   #3
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Quote:
Originally Posted by CptSternn View Post
Most states have similar laws. In parts of Arizona, North and South Carolina, and even Virginia they are prosecuting farmers who collect rainwater as due to the fact the local towns/cities are having problems getting enough water for daily use they have banned people from collecting it when it rains.
Where exactly do you get that crap from? Can you site any sources?

http://www.ncsl.org/issues-research/...esting.aspx#az

There are only 12 states that have water reservoir legislation, and much of that legislation does not involve private residents. 12 states is not "most", and South Carolina is not on that list.

In fact, contrary to your propaganda, many states and localities have programs and legislation in place that encourage rainwater harvesting, some even give you tax credits for doing so.

The reservoir laws that do exist in western states are due in large part to the lack of rainfall that those states receive annually. The law in Oregon affecting this particular news piece has existed since 1923.

It's not about collecting rain water in buckets. It's about building unlicensed/unregulated reservoirs on property that diverts water from the rest of the surrounding community's water supply. Water rights have always been an issue in many western states, as it doesn't rain all that much out there. If you haven't noticed, a large portion of the US is currently in a rather severe drought, making issues like water rights even more noticeable.

There are many areas that will fine you for having standing water on your property - especially here in the south - due to increasing outbreaks of west nile virus. It's a problem every summer. This year it is more severe than it has been in the last few years, so a lot of local governments do take it pretty seriously.
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