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Man Arrested For Collecting Rainwater On His Property

July 30, 2012 by  

Man Arrested For Collecting Rainwater On His Property
PHOTOS.COM
Guy Harrington was sentenced to 30 days in jail and forced to a pay a $1,500 fine for collecting rainwater.

When it rains, it pours. A man in Oregon has been sentenced to 30 days in jail for collecting rainwater on his property. The government determined he had “illegal reservoirs.”

Guy Harrington of rural Eagle Point, Ore., collects rainwater and snow runoff in three locations on his property. Harrington believes a 1925 law is behind the ruckus. The law established that the city of Medford would hold the rights to all the sources of water in the Big Butte Creek watershed and tributaries.

But Harrington thinks the courts are taking the law of out context.

“It didn’t mention anything about rainwater and it didn’t mention anything about snow melt and it didn’t mention anything about diffused water, but yet now, they’re trying to expand that to include that rain water and they’re using me as the goat to do it,” argued Harrington.

Harrington has three ponds on his 170 acres. According to Oregon laws, one must obtain a permit in order to have a reservoir. Harrington applied for permits and was granted permits in 2003, but a State court reversed that decision.

“They issued me my permits. I had my permits in hand and they retracted them just arbitrarily, basically. They took them back and said ‘No, you can’t have them,’ so I’ve been fighting it ever since,” said Harrington.

The real issue is this: Is the water that Harrington collects public water? Oregon says “yes.” The State believes Harrington is diverting and damming water that would otherwise run into public streams.

But Harrington thinks it is just another example of government overstepping its bounds.

“The government is bullying,” he said. “They’ve just gotten to be big bullies and if you just lay over and die and give up, that just makes them bigger bullies. So, we as Americans, we need to stand on our constitutional rights, on our rights as citizens and hang tough. This is a good country, we’ll prevail.”

Bryan Nash

Staff writer Bryan Nash has devoted much of his life to searching for the truth behind the lies that the masses never question. He is currently pursuing a Master's of Divinity and is the author of The Messiah's Misfits, Things Unseen and The Backpack Guide to Surviving the University. He has also been a regular contributor to the magazine Biblical Insights.

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  • CHRISTOPHER ALLEN HORTON

    WATER WHICH FALLS FROM THE SKY BELONGS TO NO STATE. SAME IS TRUE FOR MELTING SNOW.

    • Doc Sarvis

      Good luck telling that to most western states where water is property. Water law in the west has been very big for most of our country’s history.

      • Flashy

        Doc…the Medford/Eagle Creek area averages something like 15′ of rain a year. it’s close to desert conditions. Now how does one suppose Mr. Harrington was able to gather enough ‘rainfall’ to fill three reservoirs…and why would he need that amount stored for only 170 acres?

        But folks don’t want facts…it’s a pesky thing reality and reason is…

        And you are correct, minor wars have been fought in the West over water rights and access to it.

      • John Woodbury

        Wow Flushey, here is a comment you can get into. However, in this case The Flusher is right. In most states in the West You need prior rights to any water. Land without water is worthless so look for the water rights before you buy.

      • Nobody’s Fool

        This comment is really for Flashy. I assume you meant 15 INCHES of water, not 15′ (feet). That’s a lotta watta.

      • Stequi

        Flashy: Maybe you’re the one who doesn’t want facts, reality, and reason. How much rainwater? Do the math and you’ll see that he should have about 69 million gallons fall on his property each year. This could easily give him a few ponds of a several acres each. I am making the assumption that you meant 15 INCHES of rain per year, not 15 FEET, given that you followed that by saying it’s close to desert conditions. One acre is 6,272,640 square inches, x 15 inches of rain per year = 94,089,600 cubic inches of rainfall per acre. There are 231 cubic inches in a gallon. 94,089,600c.i. / 231 c.i. per gallon = 407,314 gallons falling on each acre over the course of the year. 170 acres x 407,314 gallons/acre = 69,243,380 gallons falling on his 170 acres. The article doesn’t say how big the ponds are, but it is certainly conceivable that they could have a capacity of 23 million gallons of water each (69 million divided between 3 ponds). That would mean each of the 3 ponds, if it was say 4 acres in area, would hold a 17-1/2′ depth of water IF his ponds needed to hold the whole 69 million gallons all at once. That is 3 pretty good-size ponds, yet only holding the rainwater that falls on his own property, not taking in any water from anywhere else. You stated, “Medford is a dry semi desert area which, without irrigation, would turn to dust.” Yet, you also said in your later comment, “why would he need that amount stored for only 170 acres?” I’m sure Mr. Harrington would have use for that rainwater in keeping his property irrigated during the dry spells, so that it doesn’t turn to dust. This is a very natural, prudent, and earth-friendly way of managing his property. These numbers are facts, Flashy. Perhaps you should run the numbers before you run your mouth.

      • Doc Sarvis

        Stequi, your math fails to account for the majority of water that goes into the water table, is used by plants and animals, and evaporates in the arid climate. All of which are significant portions yet hard to quantify.

      • Flashy

        Stequi … have you ever been involved in water rights, irrigation, holding ponds, and calculating water retention figures? I did mean 15″ ..typo on that one.

        Remember, most ranchers in dry areas and where water rights are used and valued are Conservative, if not members of the TP. If you had 170 acres with no water rights, or exceeded those rights…in an area averaging 15 inches of rain per year, I’d not want to be you. Lead has a way of flying in those parts. Jail would be a safe place….

      • Randy131

        What you say is true, but the water is owned by the person who owns the property that the water is on, as they like to say, possession is 9/10ths of the law. If a person collects the water from falling from the sky, as rainwater or snow, as long as he can hold it, it belongs to him, again, possession being 9/10ths of the law. How can the government claim just because water exists, it belongs to them, no matter who possesses it, or who owns the property it exists on? Government entities will always rule in favor for other government entities over the rights of the individual, that is why ‘We the People’ are suppose to be the government, as the ‘Founding Fathers’ proscribed, so we could protect our own rights from the governments of this country, using the tool that they gave us to do it, the US Constitution. Most all the people we having running our governments (federal, state, and local) have taken an oath to the US Constitution, and some also to their state constitutions, but it seems not many want to honor those oaths, as is the situation this article is really about.

      • Flashy

        Randy..water rights and the fighting over them is as old as the West. Do some reading, you’ll soon realize Harrington is stealing…and the majority of posters on this thread approve of theft. Not only from the government…but from other people who directly own that water.

        think about it..unless the reservoirs are impermeable…and that means VERY expensive to build..cost prohibitive as a matter of fact, he has to be pumping water from somewhere. Even if he spent the gadzillions to build the reservoirs, in an arid area as S. Oregon…and the evaporation rate during the Spring onward…he’d have dry concrete holes by mid May.

        So..where’s he getting the water?

        Answer…he’s stealing it. And y’all approve …jeesh.

        Here’s another issue about water rights and the impact on the West. This one is going to come up for a SCOTUS battle unless i miss the issue by a wide margin. Ironically, in pushing for the Keystone pipeline, it is the TP contingent and the far Right who are supporting trampling over property rights. There were many news articles like the one linked below. I just thought it being Texas had a nice twist to the issue.

        Note as well, the condemnation of private lands also is involved in any fence along the border. Thousands of private landowners will lose their land if such is built..and many have already been booted in the areas where a fence has been started…

        TPers will rant and rave and demand…until they get bitten by exactly the policy they supported. Then it’s a ‘well…i didn’t mean it to affect me !”

        http://www.texastribune.org/texas-energy/oil-and-natural-gas/keystone-pipeline-sparks-property-rights-backlash/

        and

        http://www.oilandgaslawyerblog.com/2012/02/texas-debate-over-pipeline-con.html

      • DaveH

        Using his usual circular reasoning and doublespeak, Flashman says — “think about it..unless the reservoirs are impermeable…and that means VERY expensive to build..cost prohibitive as a matter of fact, he has to be pumping water from somewhere. Even if he spent the gadzillions to build the reservoirs, in an arid area as S. Oregon…and the evaporation rate during the Spring onward…he’d have dry concrete holes by mid May.
        So..where’s he getting the water?
        Answer…he’s stealing it. And y’all approve …jeesh”.
        Not everybody is a thief like you, Flashman, so quit projecting your lack of morality on others. He has to be pumping it? Didn’t the author say he was collecting rainwater and snow melt in the reservoirs? Do you really think any intelligent people will fall for your BS, Flashman?

      • art

        Flashy where on earth did you get your data ? More like 20 inches a year + snowfall . Add to that over 102 days of rain a year . Hardly arid .

    • john

      ….the problem is that he didn’t get messieh obama’s permission!! it will get to the point soon that obama will want to know when i flush the toliet!!

      • Rick

        He will want to kno when you flus the toilet so he can be there to take a drink. If it falls from the sky it belongs to whoever cna collect it and use it. Eventually one way of another it will still end up in the local water table so what if he uses it first or not. How would it be different if he drilled a well and pumped the water from the ground?

      • Moni

        Wow, you guys take any issue and insert some hate about the current POTUS. This is a STATE issue not FEDERAL. I will say I can see both sides of the argument. As someone else said, this really needs to be straightened out.

    • http://www.facebook.com/benjamin.fox.754 Benjamin Fox

      Bull, the land and water belong to the people and not the government commie’s who think they are gods, enough, it’s time to fight back.

    • Yankeebeansouper

      But their not concerned with the water in the sky, just what lands on the ground. It’s a matter of finance and the monopoly of an element.. True capitalism.

  • Harold Olsen

    The way the current Nazi government is going, soon they’ll require us to buy a permit or pay taxes on the air we breath!

    • John Woodbury

      Bad boy, that was Obama’s December surprise.

      • skippy

        LOL JOHN!!! :)

      • SJJolly

        Mr Olson: So now Obama, the extreme-leftist / Socialist / Marxist / Communist / Islamist, is operating a Nazi government? No small miracle that he gets anything done, what with all those conficting dogmas to be followed.

        As to Mr. Harrington’s criminal charges, he definately should demand a jury trial. Maybe 90% of prospective jury members would decide for him.

      • Buster the Anatolian

        SJJolly Nazism is just another form of socialism/communism. The only difference is under the Nazi system you can own property however it is still under TOTAL government control. The government tells you what job you will hold. It tells the manufacturer what he can make, who he can sell it to and what he can charge for it. It tells the business what it can sell, where he must buy his merchandise, and what he can charge for it and taken to the extreme who he can sell it to.

      • DaveH

        You think he could get 90% of the jury vote in the Peoples’ Republic of Oregon, Jolly?

    • Phillip in TX

      PLEASE, don’t give those idiots any ideas! We already have enough to contend with. ; )

    • UnPCdAmerican

      Man Made Global Warning aka Climate Change= tax on the air you exhale

      • jazzycat

        UnPCdAmerican, it should be taxes on the corporations who are creating the problem (as in oil, coal, gas, etc., and all the other big corporations that are polluting and toxifying the planet), not the people breathing air.

    • jazzycat

      Those laws have been in existence for about a hundred years. Obama didn’t write the laws. And the “nazi state” is an ongoing process that was started when Bush was in office, with the Patriot ACt, among other things. It’s BOTH PARTIES.

      Please, let’s stop dividing people, conservatives against liberals. I’m a liberal, and I can’t stand what’s happening in our government or this country. The ENTIRE GOVERNMENT has gone crazy and is overstepping authority – states, federal and local. It is not about us against each other, it’s the government (and big corporations, which really, they OWN the government now) against everyone else. Please try to remember that.

      • Barbara

        I know about the birds and bees and air and water, but please tell me what Liberal means as you said in your email. I’m an orphaned farm kid who just turned 17; please be clear so I can understand. No talking points or BS. Thank you to all who respond.

      • Vigilant

        Barbara, it’s very simple. Conservatives believe in strict interpretation of the Constitution (i.e., central government’s enumerated and few powers, states’ powers many and unspecified).

        Liberals believe in ever more powerful central government and thumb their noses at the Constitution. Individual sovereignty, the very foundation of the Constitution, has no part in their collectivist mentality.

        • Barbara

          Did I get that right?
          Implied or by defiinition – anarchists?

      • Vigilant

        Neither implied nor defined as such.

        Limited Constitutional government was established by the Founders. We are a Republic by definition, and the Federal Government is extremely limited in its scope and reach into private lives.

        Anarchy simply means no government. It’s ephemeral and fleeting, existing only for short periods of time before government is imposed (usually tyrannical in nature).

      • DaveH

        Very Good, Vigilant.

      • Daemon

        Barbara A you asked for actual definitions and what you got was right wing talking points. In reality a Conservative is just someone who wishes to return to an old way of doing things and a Liberal is someone who wishes to try new things.
        Anything more then that is dealing with connotation not denotation.

    • 45caliber

      Harold: That’s what the carbon credits are for. You must buy them to have air to breathe. But if a bank owns the mortgage on your property, then THEY get to sell them to you. Rent? You must buy the credits. And none will be cheap.

    • Vicki

      Harold Olsen says:
      “…. soon they’ll require us to buy a permit or pay taxes on the air we breath!”

      To late. obamaTax.

      I can hear the blood curdling scream from the liberals already. But fact is.

      Individual mandate is a tax according to SCOTUS. If you are breathing you have to pay it.

      Case closed.

      • Gary L

        You can suck in all the air you want…just don’t let any out.LOL

  • http://N/A Lenya Biyat

    I am just flabbergasted

  • By George

    This represents another great example for “nullification by Jury.” A jury could have simply said “Not Guilty” and nullified the grabbers use of the law to steal and imprison! Stupid laws in the hands of stupid people should be nullified by jury.

    • 45caliber

      By:

      Did this ever get to a jury? It sounds more like a judge’s decision to me.

  • Gittyup

    They forgot about his septic tank! Hoarding water, this could get him hung!

    • Barbara

      The EPA will follow up on the septic tank issue as “contributing to global gasses and pollution”.

      • http://gillysrooms.blogspot.com GILLYSROOMS IN AUSTRALIA

        lol well said Barbara.

  • Flashy

    Ummm….just a warning. Check out the entire story before jumping to conclusions. It’s not exactly how it is portrayed in the article…and Mr. Harrington has a few light bulbs out in the XMas tree.

    FYI…Oregon has the rep for being wet…true. But it has deserts…most of the state is dry with only the NW corner having significant amount of rain. Medford is a dry semi desert area which, without irrigation, would turn to dust.

    How much ‘rainwater’ do you think Harrington would be able to gather in an area having little/ three reservoirs full? And with only 170 acres..if there was any rainfall…would he need three reservoirs?

    An article calculated to feed and create more anger, not accurate rendition of reality

    • Doc Sarvis

      Good points. Thanks.

    • HERSH

      I don’t care if he has bolts loose, the gov is still over reaching. Its his property, they need to keep they’re dirty hands and feet off. Besides your argument here sounds to me like Mr. Harrington has a good reason to have cisterns.

      • Doc Sarvis

        Nobody disputes the land is his property. The water on the other hand, may not be his property due to western state water laws.

      • Flashy

        Hersh..if he didn’t have the rights, he didn’t have the rights. Plain and simple. Someone else bought the water and has the rights to the water he is STEALING.

        if you have the rights to X CF of water draw…and it’s not there, you’d be mighty perturbed that your crops and livestock go without knowing Harrington is stealing from the watershed.

        Place a pile of gold next to a medium volume water right. Guess which one will be snatched up first.

      • jazzycat

        Rainwater should not have “rights.” NO ONE should own the water. I’m sorry, but water is ESSENTIAL to life. You cannot survive without water. If water is falling on YOUR PROPERTY, through rain or snow, it’s already on your land. Why shouldn’t you be allowed to collect it and use it, on YOUR LAND?

        We are going to have to solve these problems, because the future is not going to be pretty. The only sensible way to solve all our problems is for people to become more self sufficient, and that includes collecting rainwater in cisterns for use in the home, and then resusing/recycling the greywater on the land.

        I honestly don’t understand why people are defending some big corporation/city the RIGHTS to OWN the rainwater so they can turn around and sell it back to you. Really? WHY?

      • phideaux

        “Someone else bought the water and has the rights to the water he is STEALING.”

        Uh Flashy, its rainwater you know that stuff that falls from the sky for free.

      • Flashy

        Jeesh….y’all think that 15″ a year is a lot of rain? Criminey…it’s not the NW part of the frippin’ state ! IT IS ARID. Say you have a non-permeable basin…meaning concrete. OK..put 15″ of water in it. With use and evaporation (arid climate) so it’s going to have a high evaporation rate)…just how many days….yes days do you think it will be there?

        If he is not getting it as rainwater…and he can’t because the math simply does not work…then he’s pumping it from somewhere. i.e. HE IS STEALING WATER !

        And y’all support him. Jeesh …. go ahead, write the local paper in Medford expressing your views Harrington should retain that water. Y’all best hunker down from that point on because if you think you call me a socialist commie SOB … you’re going to join my rank ’cause that will be exactly what you’ll be called..and more.

      • CZ52

        “then he’s pumping it from somewhere. i.e. HE IS STEALING WATER !”

        Proof by ASSumption Flashy.

    • jazzycat

      Well flashy, why is OK then for big corporations like Pepsi, Coke and Nestle to buy water rights for pennies, raid municipalities water supplies, bottle it up and sell it back to us, hundreds or even thousands of miles away from the source, for a 6000% markup?

      It doesn’t matter what the law says, the law is wrong and needs to be changed. WATER is not a commodity. Water is essential to life. NO ONE should own the water. PERIOD. If it falls on your property, you should be allowed to use it ON your property. I agree it shouldn’t be captured and used somewhere else. But that is exactly what the government and big corporations are doing. They are diverting sources of water, and it’s screwing up the country. And this is happening everywhere.

      • jazzycat

        Water is essential to LIFE. You cannot live without water. NO ONE should OWN the water. If it falls on YOUR property, you should be allowed to collect it and use it ON your property.

    • http://gillysrooms.blogspot.com GILLYSROOMS IN AUSTRALIA

      What business is it yours to question why he has 3 dams on his 170 Acre property?

      If he does not collect it, it will evapourate faster while going downstream…its those crazy greens again…Same thing happening in Australia where Greenies would rather the water go into streams for the fish and swamps than for irrigation or use on food production for humans…We are all mad for not taking the time to protest against the Greenies who have all the time to infiltrate your government because they usually dont work while living on welfare they have plenty of time to dream up these silly regulations.

      I been saying to our farmers to take more time to work on the political side of farming and water etc, because no point trying to make a few thousand working long hours only to lose $several hundred thousand in losses in property values because you just give up or because you dont want to cause problems or be undiplomatic. Yopu have to be just as noisy as the Greens and tell your members of Congress to SHAPE UP or SHIP OUT. and carry out your threats.

      • Chester

        I can’t say about the down under, but here, most of the noisiest “greenies” either have rather well paying jobs, or have money out the wazoo from other sources. Of all the protest groups, they are the least likely to be subsisting on government handouts.

    • Phillip Maine

      In Missouri in 1967 where it rains 34″ a year the 144 acre farmstead had four ponds. These ponds were for watering animals. In Medford, OR (I lived in Klamath Falls) he would need five or six ponds to water his stock. Of course these ponds are considered wetlands by the EPA and so fenced off so the animals can not drink. If in the mountains above Medford most will come as snow. Snow still exists there in July. Most of you do not realize that the Government owns everything. Virtually all states have property tax. If you fail to pay the tax three years in a row, the gov will evict you and sell your property for the taxes, fines, and late fees, leaving you with less then a quarter of what it was worth. Remember the power to tax is the power to control.

    • DaveH

      Check out the entire story, Flashman? Perhaps you could post a link so we can?

    • Tom

      flashy I live in Southern oregon and you are full of it Medford is anything but a high dessert and the charges are not all about the water its about building a pond on his on land it belongs to him not the goverment.

  • http://Facebook/twitter glenn dupuis

    How long will it be before the government claims eminent domain and goes after people that have wells.be ready!

    • eb

      How long? They’ve already tried here in Michigan. Our former Governor (forerunner to Obamma’s welfare state mentality) in the final year of her reign tried to take over and tax well water. The guise was too many companies were moving into Michigan, setting up plants (providing low paying JOBS) and packaging the water to sell eslewhere. Fortunately it was overwhelming defeated by a non Democrat majority of the State Congress. The real problem here is that it actually was considered at all. It’s coming. Believe me.

    • ArkansasRebel

      Yes, I believe they have already tried. If i’m not mistaken shortly after Obama was elected a bill was introduced that would have “nationalized” all water: ground water, rain water, streams, rivers lakes & ponds. It was not approved.

      My point however is to point out that once the government does gain that authority they will have TOTAL control of the populace. No water, no life.

      • Nobody’s Fool

        Good point, ArkansasRebel. Once the government gets its greedy fingers in any entity, they take over and destroy freedom. It’s their job. Pretty soon they’ll make us set out buckets when it rains to catch all the water before it hits the ground, and deliver it to the local authorities.

      • JOE1CR

        THIS ALL FITS IN WITH THE UN GREEN AGENDA 21.

      • DaveH

        Once you come to the realization that Government is just a Big Self-Serving Gang, everything they do becomes clear.

  • Soundbiteme

    We are just Fkng TOAST people! NO GUBMINT GOTS THE RIGHT TO Steal what you preserve!

  • Soundbiteme

    Next they gonn confiscate all your canned peaches, tomatoes n corn!!!

  • http://peresonallibertydigest.. gottaplenty

    Glenn That is already in affect in many states…

  • Dad

    Pond-scum – Your low achieving government employees at work. You all work until your 70 so that we can retire early at 55…

  • jim

    I understand about the rights laws..that they are important to know about when buying property…but wrong is wrong and something just feels very wrong about this! People ought to be able to collect water from from the sky without being harassed by the government.

    • Raymond Carl Hardie

      Good point Jim. The sad fact of such intervention on ones private property is not why they did it, or for what apparent law supposedly was violated, but the judicial and legal precedence this type of government legalism creates for anyone in any city, state, or area of the country. Many such as myself collect rain water for gardening and property maintenance, such a precedence if allowed to go unhindered by property rights, can influence similar uses of force upon the collection of rain water of any amount, for any purpose by anyone under the guise that the state, or county, or federal government is the only one who decides who can collect, save, or in any way store water for their personal use. The axiom holds true that, ” When the people fear government there is tyranny, but when the government fears the people, there is liberty! “

  • http://google john p.

    The Democrats want to have control of you .They love to
    make stupid laws just to see how high you will jump . you
    got to vote them out after two terms anymore than that
    they become Dictators .

    • JenD.

      Actually, John, this law they are talking about that was from 1925 was enacted by republicans.

      • Diane

        I am not sure the actual intent of the law is stupid but I do think the application/extension of that law to satisfy a dictatorial position is keeping in character with our growing socialist state and the czars who advance from it.

  • Dave

    We now have a tyrant for POTUS, leading to a tyranical government. Here is the proof , when the government is in fear of the people, their is liberty, when the people are in fear of the government it is tyranny. We inch closer to marxism ruled by the proletariat issue by issue, like the frog in the pot as the water is heated up, will we be boiled or have courage to snuff out the spreading fire of tyranny.

  • Carol J, California

    Here in California idiot Jerry Brown has said that they will send our Delta water from the north down to LA. Dem. rep George Miller has already wasted $2,000,000 tax dollars to find out why the Delta is becoming salty after the last time they sent it’s water south. Once the clean water is gone, there will be no more fresh water for anyone. Of course, we already knew why salt water was seeping in.

  • William 1

    It’s Gods water not anyone elses-idiots!

    • Doc Sarvis

      Same with lands and people “own” that.

  • http://www.skips-soapbox.com Skip

    So, if the government is correct and the water does not belong to Mr. Harrington and is instead the property of the government, then shouldn’t he be filing a lawsuit to have them cease and desist from placing their property on his land?

    • john dumbeck

      I believe Skip is onto something. But, being govt., they wouldn’t understand the logic in this train of thought. Yah, let’s just keep voting stupid folks in.

    • JenD.

      Excellent idea! You make sense, Mr. Skip.

  • Diane

    So then, if I open up my mouth and face skyward during a rainstorm would the government sue me for creating a collection dam? This is total nonsense.

  • raw

    As usual, they’re living the law to the letter, not the spirit of the law.

  • http://gillysrooms.blogspot.com GILLYSROOMS IN AUSTRALIA

    I believe you are now officially a communist country in the USA when you jail farmers for collecting water. Who wants gold when water deserves 30 days jail? You the voters let it happen by passing such ridiculous laws and treating your citizen like the russians treated their peasants not long ago, I wonder if china does that too. You should all be ashamed to pretend your a free enterprise democratic republic …thats is the real scam calling other undemocratic when the USA is really the facist communist country…I’m really disgusted with the Oreganstice system gone mad, I say fix it, get rid of the powers that wana bee in Oregon..

  • 45caliber

    Water rights were meant to be rights to permanent water from springs or rivers. River water is somewhat shadowy since the original law gave the owner upstream all of it. In many areas, such as CA, river water belongs to the government that wants it. In other words, if LA needs the water from some river, the farmers next to it can’t have any of it. It was never intended to be rain water. That water was considered a gift of God to anyone who owned the land.

  • http://gillysrooms.blogspot.com GILLYSROOMS IN AUSTRALIA

    Luckily the water problem might be near to be solved…a company in Australia has invented a process of getting water out of the cold desert air and another company has a reverse fridge system but that need electricity to run. All we now need is a better system of getting greater quantities of water out of the air.like desalination plants do…..where is Nicola Tesla when we need him.

    • FreedomFighter

      Those machines have been around a long time Gilly.

      They are great prepper items to have if you got the money to buy the solar panel setup to run it.

      Laus Deo
      Semper Fi

  • Franklyn Molina

    Well, what Dr. Michael Savage said holds true: “The more power they have, the less you have.”

  • ny native

    Funny , if it rains hard enough on my property in ny , a pond collects in my back yard , not my intention it just does . When the ground freezes during the winter it’s not a pond but a small lake . Hope the water police around here are not taking note and measuring .

  • FreedomFighter

    If you look at the law this man references the state is making a mistake, over stepping, he is correct. The state should lose this case.

    Laus Deo
    Semper Fi

  • Barbara

    Kind of implies, by this definition of Liberal, that they are anarchists (re the Constitution).

    • DaveH

      What in the heck are you talking about, Barbara?
      The modern day Liberals (Progressives) are anything but anarchists. They love Big Government. The bigger the Government and the more redistribution of wealth there is, the more the Liberals love it.

      • Barbara

        Anarchists in the sense that they want to tear down what is the foundation of our Democratic Republic.
        P.S> Instead of having to pay for Flood Insurance I should charge the goon government for the water , and it’s removal, which damages my home and property .

  • http://twitter.com/SilasLongshot Silas Longshot (@SilasLongshot)

    Sounds like over reach to me. But, that’s just logic, I reckon. Water wars? You betcha, Alabama and Florida have been whining to control Lake Lanier in Georgia, in the north central part of the state, for YEARS, because it flows into the river that’s the border line between AL and GA, and on into north FL.

  • http://PersonalLibertyDigest Raymond Allan Cox

    Who was it that enforced this law? Someone influencing authority must have wanted a reason to limit his populating this area. Most government employees want to do the least possible, unless someone or politics is pushing them by threat (job loose) or bribe. What special interest is driving this action? T. Boone has taken regional water rights by setting up water municipalities in other areas for profit, Pickens has set an example of how to use government as a tool for fortune.

  • WILDFIRE

    Flashy most likely in not a property owner and is likely a fungus that is growing in his mothers basement collecting taxpayers dollars.

    Flashy knows nothing about property ownership and ownership rights and mineral rights. I suppose in Flashy eyes, if oil was found on a person property, they don’t own it, the State owns that.

    How about if gold was found on the land, I suppose the state owns that as well.

    How about if the land perk test bad or is contaminated because of near by industrial facilities or land fills that due to water run off has polluted neighboring properties. Do the property owners own that problem or is it the State that owns the contaminated property due to water runoff, thus owning the problem it poses? Does the State that owns exclusive water rights reimburse property owners for their lose when land is rendered useless due to contamination from water run off? Of course not, its just tough luck for the property owner and by the way Mr. Property owner you owe the State, County and/or City penalties for your contaminated land due to the root cause of the State licensed business up the road.

    • Daniel

      not sure about USA, but in most other English law based countries, scarce resources found under your land does indeed belong to the government – i.e. the people of the country, not you individually. so yes, if you find oil or gold under your land in Australia or New Zealand or England, you don’t own it. see Bocardo SA v Star Energy UK Onshore.

      if nearby industry pollutes water which ruins your land, then of course you can sue and get damages, you can sue under Negligence, Trespass, Private nuisance, or Ryland v Fletcher rule – depending on what you can prove.

      Should the state compensate you? it depends on the state’s involvement, if the state knew nothing about the industries’s operation and did not approve that operation, it is hard to see why the state should compensate you. it is a private vs private case.

  • sporty

    With that line of thought Sunshine belongs to the local government too.

  • david

    Hate to break this to you but your local government should stop issuing building permits.

  • mike

    I am surprised government has not taken our air away! or better, taxed it yet openly…or have they?

  • Tom

    I guess that if the rain from the sky belongs to the goverment so does the sunshine that caused skin cancer I should file charges against the goverment for not controling it.

  • paul

    I hope the residents in Oregon are supporting Art Robinson for congress.

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  • G

    Ok, so if the City, Town, County or Government is the owner of rain water then this is good to know. The next time my roof leaks I will now know who to send the bill to as this is their rain water that came through my roof.

  • Jon Dough

    If the State of Oregon wants to control water SO bad, why not start sending lawmakers your own “water” for them to control as well? Let’s start sending them bottled urine! After all, it IS a by-product of the water they so preciously claim as “theirs”. I suppose you can call it a pee-in.

  • http://www.facebook.com/Countryjeans Patricia Norman

    Just goes to show how the govt. is getting more and more into our personal business,taking our rights away from us that sooo many men and women have fought for us in the USA for many years and still doing. Soon,we will need a rescue from our own govt. Are they trying to force us to go Communist?! Stupid people there in Oregon govt., as God sends the rain and snow and I just don’t believe he will be happy with their twisted small minds there.

  • Bill Moore

    Well i see it this way folks. If the goverment is claiming to own the water. He owns the land. Charge them rent for storage on his land. File a lean on the water. f they dont pay seize it just like they would. Thats how we do it in Texas. It’s BS all the way around..

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  • Mark

    Bill i like that . He should do just that. As every thing else goes bush has taken alot of our rights away and any one how is for the middle class is a tyrent. Its time the rich pay its not like they cant afford it and its not like they whant it all. When your rich you just think about your self and no one else. For example people how adopt out of this country thats stupid when kids are starving in this supposed great country. Nucular war if people think uder ground shelters are going to help when ther food and water is gone they have to come out and then the radiation will kill them. every one is going to die because every one will push the button. Ther just kidding them selves.

  • eagle7113

    This is a video on youtube about rain water “Who Owns the Rain” http://youtu.be/MTllWtVXQG8

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  • http://msn.com Robin Rhymer

    leave him alone. I can’t believe a person can not collect water from the sky. This is sickening. No one should be put in jail for a innocent act. give me a break!!!!!!

  • http://msn.com gloria carotenuti

    i agree with you robin…100%!! we should pay his 1500 dollar fine, get him out of jail, and collect a bunch of rain barrels, filled to the brim, throughout all of our USA, and place on his property where he would like them lined up. no one in our FREE COUNTRY should be incarcerated for this at all…it’s GOD’s RAIN and HE gives to us all FREELY…AMEN

  • Al

    This is not the country i know. Are we becoming a communist nation?

  • Al

    This is not the America I know. Are we becoming a communist country. It’s time we take America back

  • mike

    Fine! Government owns the rain. Better make sure it never rains, hails, or snows on my property in the future without my consent or I’m suing you. Trespassing! Assault with the intent of doing bodily harm/murder. (Quite possible when hail is involved) Damage to property as result of precipitation turning to ice? Erosion of soil? Wanna steal what God/Nature gives us? Let’s talk money!

  • Caleb

    So what kind of communist country are we turning into. I mean why does a man get arrested for such stupid reason other than legally buying property and putting a couple resovoirs on it without permission. Who does the government think they are. It’s his land let him do it. Who cares it ain’t bothering anyone. I can’t stand it you can’t own your own land and do what you want you have to do what the government says you can. B.S

  • Boris Badenov

    For those of you who are interested in the truth here it is:
    Guy Harrington of rural Eagle Point, Ore., collects rainwater and snow runoff in three locations on his property. . . . .
    The term “property” is the correct word for this story. Mr. Harrington does not own “what he thinks is his land.” “Land” and “Property” is NOT the same thing. When this country declared bankruptcy in 1933 everything “money”, “contracts”, “capacity”, “venue”, “jurisdiction”, “nexus”, all changed. WE the People went from being “Sovereign” to “Commercial Slaves.” In 1934 the Social Security Administration was created and presented a propaganda program that changed the face of this country forever. Although it is voluntary (for those who have an older SSN card, read the fine print on the back side, which states, “This card is property of the Social Security Administration and on demand must be return.” IT IS NOT YOUR PROPERTY. The all uppercase name on the card with a nine digit number after the name – for example: JOHN DOE 323-45-2434; is a commercial trust account that resides in Baltimore, Maryland. It is not you! However, it you voluntarily reached out and accepted the account and took a use of it; you have a duty, obligation, and responsibility to that account. What’s unfortunate is “you” have never read the contract that belongs to what you now think is “your Social Security Account number.” When I interview people who come to my office I’m amazed at the answers I get when I ask them about “their” Social Security Account.
    Until you get your hands on the 1935 First Annual Report of the Social Security Administration, none of you will ever come to the truth. You will continue to give your assumptions, opinions, and feelings about what you “think” the Social Security Account is for. To bottom-line it for all you “I know the law” types, IT IS A TRAP TO CONVERT YOU FROM “SOVEREIGN with God Given Rights” to “SLAVE with privileges and security.”
    Mr. Harrington does not have “CLAIM” to what he thinks is his Land. He purchased his property with Federal Reserve Notes (debt notes) and only “discharged” the obligation of debt. He did not purchase the Land with gold or silver Coin a Tender in Payment of Debts. He did not “extinguish” the debt. Therefore, he only obtained a Deed not a Title for the land. All Land Titles were “Reifed” in 1948 and are held in Portland, Oregon in the Office of Bureau of Land Management. The word “Reif” means – Robbery.
    Here’s how it works: The Federal Reserve Banks converted farmers Titles to Deeds. For example, when a farmer came to the bank for a loan he would put his Title up for collateral. When he paid off the loan the Bank gave him a Deed back, not his Title. So, he went from owning his land to owning property. The definition of “property” – is the right of use. NOT OWNERSHIP! The banks have been ripping We the People off since the Federal Reserve Act of 1913. Anyone who has to attain a “permit” to perform anything on his or her property has the capacity of Slave Status. Remember a “license” or “permit” is to attain permission from some alleged authority to do something that is otherwise “illegal” to do.
    Now, Mr. Harrington is a slave with privileges and permits. State of Oregon (an in solvent bankrupt corporation) has enforced the contract that Mr. Harrington entered into. Therefore, he is in wrong and needs to be fined and jailed for being a bad Slave.
    By the way, The Constitution of the United States of America does not give us Rights. It protects our God Given Rights. Anyone who says, “We have Constitutional Rights,” is a LEGAL LUNATIC! WORDS MEAN THINGS and ESPECIALLY IN THE ORDER IN WHICH THEY ARE STATED!

    OPEN your eyes people, if you have a SSN you gave up your God Given Rights for Private Commercial Slave benefits, privileges, and securities…. welcome to the New Soviet Socialist United States of Ameri-can’t.
    IF ANY OF YOU who read this, want to know how to “legally and lawfully” return to Sovereign status – contact me at comrade.pinko@yahoo.com. Attn: Boris Badenov.

  • flyby

    ,let me see…. Rainwater falls from the sky and onto your property and you collect this water in ponds instead of letting the water seep into the watertable,thereby denying the City/Corporation the right to sell this same water back to you with added taxes and fees.Yep…It all makes perfect sense to me.

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  • http://www.facebook.com/terriessex Terri M Essex

    Well folks we can always reverse the game on them …If they want to lay claim to rain and snow well then all the damage done from rain and snow to your homes and vehicles and roads and things in your yard and cell phones from rain and clothes or accidents….you get the idea…Just send the bill to them to fix it since “THERE RAIN AND SNOW” are causing so much damage worldwide!!!!

  • Jay

    Ok, with all of this discussion, what was the verdict of the court in the guy’s court case? Did he take it to trial, did he pay a fine, did he have to go to jail, what happened to this case? Anyone know? The article says he was sentenced to 30 days in jail, but did he fight this, and did he win?

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