Harrington, of Eagle Point, Oregon, has been fighting for his right to do what he wishes with water since 2002. Now more than a decade after he first defended himself over allegations that the man-made ponds on his 170 acres of land violated local law, Harrington has been sentenced to 30 days behind bars and fined over $1,500.
Authorities say that Harrington broke the law by collecting natural rain water and snow runoff that landed on his property. Officials with the Medford Water Commission contested that the water on Harrington’s property, whether or not it came from the sky, was considered a tributary of nearby Crowfoot Creek and thus subject to a 1925 law that gives the MWC full ownership and rights. Therefore prosecutors were able to argue in court — successfully — that three homemade fishing and boating ponds in Harrington’s backyard violated the law.For filling “three illegal reservoirs” on his property with runoff water, Harrington has been convicted on nine misdemeanor charges in Circuit Court. He says he will attempt to appeal, but as long as the conviction stands to serve 30 days of imprisonment. He has also been sentenced to an additional three years of probation.
Thirty days in jail for catching rainwater?” Harrington tells the Mail Tribune. “We live in an extreme wildfire area and here the government is going to open the valves and really waste all the water right now, at the start of peak fire season.”
“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 adds to the Associated Press. “This should serve as a dire warning to all pond owners.”
Sources: Raw For Beauty
AntiGMOfoods.com
This has taken the spirit the law was written in far over the top of what it was ever meant to do. The ? should be" Is Crowfoot Creek and the Watershed negatively impacted by the diversion of rainwater.
ReplyDeleteYou are entirely correct, however that would require the town to actually do some research rather than just arrest the man. The real reason they went after him, in my humble opinion, is that they didn't get to bill him for usage of the water as if he had filled them from his faucet. THe town's coffers are suffering so he has to be punished for not letting them tax or bill him for the water.
DeleteHe didn't impact the town one iota. His ponds can only hold a limited amount of water before it naturally makes its way back into the normal sources.
DeleteThe water does not belong to the Town anymore than it belongs to the farmer - the law is absurd.
This ridiculous law has no basis. The township has no more right to that water then the farmer. No one owns rainwater, it comes from nature and it's free.
DeleteNo government or corporation has a right to restrict the use of rainwater, nor charge for its usage since are not the providers of the rainfall.
this is so messed up and not right . i toke a tea spoon of rain water o and some got in my hair o and
ReplyDeletei have a glass full in my house and the umbrella gets some on it and brings it in and i left some where ever i went when it rained so wow guess i am going to have to pay and so will everyone els. this is plan dum how can you claim rain water come on now guess your going to claim air and storms that put people to sleep and sun that tans people . and the stars for looking and the moon for night light. people are so dum .
Spell check please
DeleteShh, they might take you to jail over this confession.. :/
DeleteShh, they might hear you and consider this a confession. :/
DeleteVery funny and very wise.
Deleteyes, people are dum, till they have such laws brought by judges, politicians. get up and send them away.
DeleteHonest comment I like it
DeleteHonest comment I like it
Deletewelcome to America. land of ass backwardness. Solar energy deemed unfeasible, collecting rainwater illegal, natural medicines are also illegal, and to top it all off, there are massive efforts at milatarizing our police forces along with other govt agencies....
ReplyDeleteTrue that... It's getting worse continually. I fear that it will get to the point where it is exactly as 1984 predicted it would be... So far, several things are already like such.
DeleteTrue that... It's getting worse continually. I fear that it will get to the point where it is exactly as 1984 predicted it would be... So far, several things are already like such.
DeleteI think that's a big part of it- you guys in America seem to have a lot of backward legislation when an environmentally-friendly solution is blocked, because of the type of rampant so-called free market capitalism over there. I don't think the issue is about too much gov't intervention- that can be a good thing. I'm Australian and we have far more government intervention into commerce here, but it often protects people from corporate greed. The issue is more about when laws and gov't policy are tied to powerful lobby groups and someone big's revenue stands to be lost because someone small is making saner choices.
DeleteBackwardness caused by corporate greed born of a particular kind of 'free market' capitalism (policy making tied to powerful lobby groups and corporate interests)!
DeleteWTF?!I lived in Missouri where 99% of ponds were rainwater filled.
ReplyDeleteYou are comparing MO to a desert????????
DeleteEagle Point Oregon is not a desert. It's Part of a Valley with THREE class 4 rapid rivers run through, That is bog and marsh land. Just north of the california border is a Lake tucked into the vallies of Oregon. It's ridiculous to even think of Eagle Point as a Desert when it is more like an Oasis in the middle of mountains...
DeleteIts the creek I bet. Mom has 2 creeks in Asheville and they can't even mow within 15' of them.
ReplyDeleteI'm surprised Nestle doesn't own the clouds. That's the corp you better watch out for. They are privatizing and monitizing water all over the world. Poorest and driest places first.
Fight back peeps. Its wrong..
Its the creek I bet. Mom has 2 creeks in Asheville and they can't even mow within 15' of them.
ReplyDeleteI'm surprised Nestle doesn't own the clouds. That's the corp you better watch out for. They are privatizing and monitizing water all over the world. Poorest and driest places first.
Fight back peeps. Its wrong..
Prison? PRISON??? What ponds are not filled with rainwater? Who's land is it? This goes along with arresting farmers for selling raw milk. This stuff is just... natural. We have much bigger problems in this country. Who pays the salaries of these people? We do! Go fix a pothole or wash the fire truck or do something useful.
ReplyDeleteWhat about neighbors downstream? How do they feel about it? Water rights in the west are not so clear-cut and easy. Chances are, 30 days of jail-time may have saved Mr Harrington thousands (millions?)of dollars in legal fees that neighbors downstream, both those who live nearby and those who live at the mouth of the Rogue, could legally sue him over and probably win.
ReplyDeleteIf we ALL collected water like Mr Harrington, the streams would run dry and the Rogue would trickle, which it occasionally does anyway. Just say'in.....
Yes, that is the key factor, everyone downstream goes without that water which was caught in those reservoirs, but those sorts of things should be settled by the community as a whole, not by some water rights owner committee that all probably has they're own private wells. But if this guy was able to build these reservoirs, ponds, lake, what-not, and was boating and fishing around in these, then the water was most likely not missed a whole lot, otherwise those dams he had set up to catch the water, would have made a significant decrease in the gallons per minute streaming down, and/or the flow had noticeably slowed down to provoke an investigation early in the game. NO...what the water commission wants, is to red flag this guy, and his land, AND keep a REAL close eye on him,(and his property). By giving this guy, a thirty day sentence, this also allows the government to closely monitor his land. Once they see the chance at overtaking, confiscating, foreclosing on land owners with choice land, especially with already built reservoirs, with a creek running through it. I wouldn't be surprised if the water commission and the BLM didn't work together on catching this guy up in something that made him ultimately have to sell, or was foreclosed on.( Maybe by overlapping probationary sentences, and added fines to keep him on radar) Most likely saying "Now we know for sure that this land will be protected, and the water will flow freely" (so we can continue to profit off your ignorance, and ultimately own everything)(like this is freakin' Monopoly, difference is, to win the game, these agencies are crushing the American Dream that was promised to us in the Constitution of the United States. Funny thing is...some person probably got pissed that they couldn't fish this dudes pond, and found a way to get back at him.
DeleteYou need to look seriously into permaculture work done by such pioneers as P.A. Yeomans beginning back in the fifties on the driest inhabited continent on earth, Australia. Geoff Lawton has demonstrated very clearly with his work in dryland environments all over the world that earthworks that slow runoff and increase the infiltration of rainfall creates higher water tables, starts new springs and increases streamflow. Look at Sepp Holzer's work in Africa, southern Europe and Asia let alone North America and tell me that increasing infiltration has decreased streamflows. Absolutely the OPPOSITE has happened- streamflows increase when rainwater is slowed from running off directly after precipitation events. What do you think keeps streams flowing in western North American mountains like the Sierra and Rockies or all of the Basin and Range mountains of Nevada, Idaho, and Utah during the typical dry summers? It's ground water, and ground water MUST be recharged from surface waters. This man has done NOTHING to "steal" water from downstream users. He has likely improved the watershed for people downstream. Don't take my word for it, do your homework and investigate my claims for yourselves.
DeleteSlowing rainwater and causing it to infiltrate the ground will raise water tables, create new spriings, often cause intermittent streams to flow year-round, and definitely increase streamflows downstream. P.A. Yeomans showed this in numerous cases in Australia starting back in the 1950s. Yeoman's work continues today in many western states that are enlightened enough to allow people to terraform their lands and increase the productivity of that land. Geoff Lawton, permaculturist, has proven in many of his projects in some of the driest environments in the world (like Jordan's Dead Sea Valley) that using berms and swales to capture and infiltrate water has INCREASED the amount of water available months after the last rainfall (see geofflawton.com for examples of his work or see many of his projects on YouTube.) Sepp Holzer, agroecological farming pioneer, has demonstrated REPEATEDLY that capturing rainwater on site, slowing its flow until it infiltrates the ground, increases productivity and definitely increases streamflows downstream. Instead of "stealing " water from downstream users, in every case he has worked on over the last ten to fifteen years on at least three different continents, this same pattern of holding water in ponds, berms/swales sytems, and creating forest environments have ALL consistently improved streamflows, reduced or eliminated erosion , and made land more productive for wildlife and agriculture. One final example is the work of Brad Lancaster in Tucson, AZ involving the capture of roof and street runoff to water trees and gardens over now entire neighborhoods in Tucson. The city of Tucson is now implementing his practices in the design of streets, gutter systems and using the resulting irrigation water for trees which definitely modify the climate of individual homes and entire neighborhoods. It is complete fallacy to state that capturing rainwater and allowing to infiltrate through ponds or other earthworks is somehow taking water from downstream users. The exact OPPOSITE is true. Please look into this for yourselves. The old western paradigms of capturing water upstream needs some serious rethinking and new laws that allow the very thing this man has done in ALL western states.
DeleteThe land of the free, bruwahahaha
ReplyDeleteIf that is the case any rain water damage in that area to someones house the should pay for it!
ReplyDeletewow.. damn.. this is rediculous
ReplyDeleteIn Florida we make lakes and fill it with houses and sale it. How do you think Lake Mohak in New Yersey was build?
ReplyDeleteAnd if the creek runs dry because someone has been collecting the rainwater in their private ponds and other people have no water, then no big deal, right? As long as he gets his.
ReplyDeleteHis ponds will eventually fill, spill over and the water will make its way to the creek.
DeleteGovernment doesn't own rain.
I think this should serve as a warning to us all....Big Brother is knocking.
ReplyDeleteI think this should serve as a dire warning to us all....Big Brother is knocking.
ReplyDeleteErm,,, In England,, We are encouraged to collect rainwater to save the environment.. Perhaps he could look into the environment laws over there in America and see if the company that sued him are breaking any of those.. They are clearly totally unconcerned with such matters.. It's time for Mr Obama to step in... People, absolutely, for the sake of our planet,, have to be encouraged to do everything they can in environmental issues,, including collecting rainwater.. And if it comes from the sky,, it belongs to God!!!!
ReplyDeleteThis is crap! Geez what kind of county did I move into
ReplyDeleteI'd like to know where the damn petition is so I can sign it!
ReplyDeleteI'd like to know where the damn petition is so I can sign it...if there isn't one his family should start one!
ReplyDeleteThis needs to stop...Rainwater does not belong to anyone...everyone should have the right to catch and use as they want. This is definitely government gone wild.
ReplyDeleteWell, by golly, the next time it came up a good, downpour... I would sue the MWC to come and get their dang water off my property... right now !! That water falling from the sky is trespassing and the owners of it should be jailed !!
ReplyDeletelol good answer! I guess they would be responsible for flood damage too.
DeleteThe next time it came up a good downpouring of rain, he should sue the MWC and tell them that THEIR rain water is trespassing on his property. File suit and have the legal owners of the rainwater jailed !!!
ReplyDeleteHmm. Must be democrats in charge. It is there way, yes? Disregard the rule of law from the top down, and make up new ones that suit them via the judicial system. Welcome to the new Amerika....
ReplyDeleteIf the rain water all belongs to the MWC, surely, on the basis of this case, you can now sue them when "their" water damages your property?
ReplyDeleteOkay, this is ridiculous, extremely unfair and unjust, and dangerous to the people. We cannot tolerate this, accept this, and watch it continue to happen. This needs to stop NOW. How can we do this, people? For real?
ReplyDeleteCollecting "free" rainwater illegal?? Are you serious? The state has nothing better to do like stopping crime, rape, child molesters and drunk drivers and such????
ReplyDeleteThis has to be about money. If they let him use "free" rainwater, they have "lost" revenue. Can't have that.
DeleteEagle Point, Oregon, really??? you have nothing better to do...like catching drunk drivers that kill or hurt others, bank robbers, child molesters, rapists and such????????? It is very sad to go after somebody for "catching" rainwater???? REALLY??? What's next???
ReplyDeleteCan I ask where water comes in the first place. It all falls as rain in the sea atmosphere etc. Or do you obtain hydrogen and oxygen and man make it now where do you obtain those from?
ReplyDeleteNever mind thirty days they have let a criminal free for they blocked a cell with the likes of thee.
Food and water they provide but not like home where you should be beside.
This is fucking stupid
ReplyDeleteUh-oh...well I'm in trouble! Rainwater has been collecting in my kiddie pools in my back yard where I am raising tadpoles. Oh, and my neighbor has been regularly abusing rainwater to water his garden, and his vegetables have really been growing! Oops, I have eaten many of his vegetables, guess that makes me a co-conspirator! Oh, darn.. I almost forgot. I haven't had to add any water to my pool this summer because of all the rain. Guess I'm collecting it there, too!! What ridiculousness.
ReplyDeleteI wonder... Is the Nestle corporation in any way shape or form involved in that area? That is, a bottling plant?
ReplyDelete(I'll try again to post)
ReplyDeleteIs the Nestle corporation involved in any way shape or form in that area? Meaning, a bottling plant that takes ownership of public water and then sells it to the public?
Just askin'.
As with all things in the system, if the 'people' allow fraudulent civil courts to pass judgement on them, then they get what they deserve for not knowing any better.
ReplyDeleteThis case takes roman slavery to a new height of ridiculous. REMEMBER YOUR CONSTITUTION AMERICANS! Time to reclaim the judiciary and your inherent freedoms!!
Search for ROBERT MENARD: Bursting Bubbles of Government Deception and EDUCATE YOURSELF!
As with all things in the system, if the 'people' allow fraudulent civil courts to pass judgement on them, then they get what they deserve for not knowing any better.
ReplyDeleteThis case takes roman slavery to a new height of ridiculous. REMEMBER YOUR CONSTITUTION AMERICANS! Time to reclaim the judiciary and your inherent freedoms!!
Search for ROBERT MENARD: Bursting Bubbles of Government Deception and EDUCATE YOURSELF!
Break free from ROMAN SLAVERY!
ReplyDeleteSearch for ROBERT MENARD BREAKING BUBBLES OF GOVERNMENT DECEPTION and educate yourselves so you can FIGHT BACK and hold these stupid fuckers accountable in LAW!
Everything in these lower courts of (civil) administration is entirely based on presumption - the presumption that you give up your constitutional rights because you don't know you have them!
FIGHT BACK and bring justice back to the world!
By making the ponds and deviating the water from its course he stealing water away from other citizens and animals. People needs to think a little more. The article simply say whats convenient.
ReplyDeleteThis is not simply collecting. He is building ponds. Deviating water to keep it in his property is staling the water from other citizens an animals. Where the hell do you think the water that comes out of your faucets come from?? IF we allow people to do that what are you going to have in your house???
ReplyDeleteThe government wants it's cut and is going to get it one way or another. He may well have been able to make his reservoirs legal by filling out the proper paperwork, and paying off the proper agencies (I'm not from OR,so I don't know), or filled them up using metered water and been just fine....but then.....doing it this way, using the abundance provided by nature, government would have "lost" revenue. Can't have that now.
ReplyDeleteI read Natural Cures website often and i like the news and articles posted here but this one has an important fact missing. HE collected nearly 13 MILLION GALLONS of water.
ReplyDeleteI agree that collecting rain water shouldn't be illegal but I do not agree at that 13 million gallons should be allowed to a private citizen. Imagine if everyone starts this we are seriously in sh**ts.
I read Natural Cures website often and i like the news and articles posted here but this one has an important fact missing. HE collected nearly 13 MILLION GALLONS of water.
ReplyDeleteI agree that collecting rain water shouldn't be illegal but I do not agree at that 13 million gallons should be allowed to a private citizen. Imagine if everyone starts this we are seriously in sh**ts.
13 million gallons can be lost in an instant during a flood as it make its way to the ocean. Besides he was given the permits to build them and was willing to use them for fighting forest fires. Its a raw deal...
DeleteTime to overthrow the Government like they did in Iceland, now that's a Country with some balls. Even kicked out all the bankers and now the Country is doing Awesome. Never made the news because media was scared other Countries might follow, Duh!
ReplyDeleteLet this be a dire warning to all!
ReplyDelete