Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
In reply to the discussion: Who needs 13 million gallons of water in private reservoirs? [View all]struggle4progress
(118,281 posts)19. Story's two years old. Here's a different take:
Gary Harrington of Eagle Point, Oregon, was arrested for impounding water behind dams into three massive reservoirs or ponds on his 170-acre property. It is reported that two of the dams are 10 feet tall while the other is 20 feet tall. The State of Oregon has declared that the three reservoirs are illegal since they dam tributaries that flow into the Big Butte River.
The State of Oregon convicted Mr. Harrington under a 1925 law that declared all water as public or state water. This is due to the prior appropriations law that creates priority water rights. This means the first person to obtain a water right on a stream is the last to be shut off in times of low stream flows. This prevents landowners from damming up the streams and rivers that cross their properties if there are downstream users such as cities and other water providers that have older water rights.
In 2007, Mr. Harrington entered a guilty plea for illegally damming water from the tributaries crossing his property. He received three years probation and was ordered to release the impounded water. This recent lawsuit filed by the State stems from his refusal to meet the conditions of his probation ...
http://www.watercache.com/blog/2012/09/rainwater-collection-leads-to-jail-sentence-how-news-headlines-get-it-wrong/
The State of Oregon convicted Mr. Harrington under a 1925 law that declared all water as public or state water. This is due to the prior appropriations law that creates priority water rights. This means the first person to obtain a water right on a stream is the last to be shut off in times of low stream flows. This prevents landowners from damming up the streams and rivers that cross their properties if there are downstream users such as cities and other water providers that have older water rights.
In 2007, Mr. Harrington entered a guilty plea for illegally damming water from the tributaries crossing his property. He received three years probation and was ordered to release the impounded water. This recent lawsuit filed by the State stems from his refusal to meet the conditions of his probation ...
http://www.watercache.com/blog/2012/09/rainwater-collection-leads-to-jail-sentence-how-news-headlines-get-it-wrong/
Edit history
Please sign in to view edit histories.
53 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
The problem is they don't have the same policy when it comes to other natural resources
Major Nikon
May 2014
#1
Anti-government greedy asshole who is willing to deprive his downstream neighbors
hobbit709
May 2014
#2
I didn't see anything in the article about neighbors downstreams not having enough water. n/t
hughee99
May 2014
#23
Greedy, isn't he? He was denying everyone down stream or disturbing the water table. OTT.
freshwest
May 2014
#51
He did have a permit but it was revoked when he prevented water from reaching tributaries.
randome
May 2014
#21
Water is a part of the public commons. He does not own that water, so he's a thief.
MohRokTah
May 2014
#10
Under old law, the water rights belong to the city of Medford, which went to court some time ago
struggle4progress
May 2014
#37
He agreed twice he was breaking the law by pleading guilty; and in the third prosecution
struggle4progress
May 2014
#39