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Oregon man in possession of 13 million gallons of illicit rainwater sentenced to jail
An Oregon resident with 3 massive man-made ponds on his property is sentenced to 30 days in jail after being found guilty (again) of collecting rainwater without a permit.
Tue, Aug 14 2012 at 9:00 AM
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I’ve taken a look at some mighty impressive rainwater collection systems in the past, but it appears that Gary Harrington, 64, takes the proverbial cake when it comes to hoarder-esque rainwater collection activities: over the years, the Oregon resident has built three massive reservoirs — in actuality, they’re more like proper man-made ponds — on his 170-acre property on Crowfoot Road in rural Eagle Point that hold roughly 13 million gallons of rainwater and snow runoff. That’s enough agua to fill about 20 Olympic-sized swimming pools.
Of course, it boggles the mind as to what a single man needs that much rainwater for. One would assume that Harrington is reusing it both for irrigation purposes and for non-potable indoor use as well, which, unlike in many states, is permitted in Oregon. But 13 million gallons? Apparently Harrington, who has stocked at least one of the reservoirs with largemouth bass and built docks around it, believes that his watery stash is a much-needed necessity when wildfires pop up in the area. “The fish and the docks are icing on the cake," Harrington tells the Medford Mail Tribune. "It's totally committed to fire suppression."
The bigger story here is that rainwater collection is indeed kosher in Oregon, provided that you’re capturing it from an artificial, impervious surface such as a rooftop with the assistance of rainwater barrels. But an extensive reservoir set-up complete with 10- and 20-foot-tall dams is verboten without the proper, state-issued water-right permits — after all, Oregon law dictates that water is a publicly owned resource — and Harrington did not possess said permits.
And so, after a protracted battle with Oregon’s Water Resources Department, Harrington was convicted of nine misdemeanors and sentenced to 30 days in jail, slapped with a $1,500 fine, and ordered to breach his dams and drain his ponds. After the sentencing in late July, Harrington surrendered himself to authorities late last week and began his stint at the Jackson County Jail.
Apparently, once upon a time, the state did indeed allow Harrington — code name: “Rain Man" — to collect water in his reservoirs. However, officials reversed their decision the same year, 2003, that the three permits were issued, citing a 1925 law that states the city of Medford holds all exclusive rights to "core sources of water" in the Big Butte Creek watershed and its tributaries.
Despite withdrawal of the permits, Harrington kept on defiantly collectin’ under the belief that the laws did not apply to his situation, adamant that the water was coming strictly from rain and snow melt and not from tributaries flowing into the Big Butte River as officials had claimed. Harrington tells CNSNews.com: "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."
It gets even more messy with accusations of water diversion and a three-year bench probation issued against Harringon in 2007. In that case, Harrington plead guilty and agreed to open up the gates of his reservoirs only to close them back up again shortly thereafter.
Oregon Water Resources Department Deputy Director Tom Paul tells the Medford Mail Tribune: “Mr. Harrington has operated these three reservoirs in flagrant violation of Oregon law for more than a decade. What we're after is compliance with Oregon water law, regardless of what the public thinks of Mr. Harrington.”
Paul elaborates to CNSNews.com:
A very short period of time following the expiration of his probation, he once again closed the gates and re-filled the reservoirs. So, this has been going on for some time and I think frankly the court felt that Mr. Harrington was not getting the message and decided that they’d already given him probation once and required him to open the gates and he refilled his reservoirs and it was business as usual for him, so I think the court wanted — it felt it needed — to give a stiffer penalty to get Mr. Harrington’s attention.
Lots more on this unusual and dramatic, err, rainstorm of a case — a case that's morphed into a battle not so much over rainwater and reservoirs, but over property rights and government bullying — at the Medford Mail Tribune and CNSNews. You can also hear Harrington’s side of the case via a series of videos featuring legal advisor Dominic Notter and donate to his “get out of jail fund” over at www.empoweringthejury.com if you feel so inclined. The alleged wet bandit tells CNSNews.com: "When something is wrong, you just, as an American citizen, you have to put your foot down and say, ‘This is wrong; you just can’t take away anymore of my rights and from here on in, I’m going to fight it.”
Is Harrington deserved of his folk hero status? Or is he a straight-out theft? Lots of opinions on this one ... what's yours?
Photos: Empowerthejury.com
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It's really hard to tell if you're being sarcastic or dead serious.........
Wish I had been on the jury. Jury Nullification of this insane law. No government owns the rain that falls upon your property! Period! if he was diverting water flow from a stream away from neighboring properties then yes, he would have been in violation. But the water that falls from the sky is your water. Stupid liberals, and their stupid laws!
It's appologists like Hickman who support nanny states like Oregon doing these tyrannical things. "Water is a resouce owned by all" - what communist drivel.
Have you ever tried to build in the back woods in Oregon? Local, county, and State bureaucrats line up to stop you. One is left with the message: Keep out of the woods.
Rain water is from God. Not the damn Government! This is ridiculous!
*Warning* The above reply is lengthy and may be too long for some of you to read. Short version: most of you are crazy and I'm laying down some policy/science info for ya'll.
What you are seeing is the MENTALITY OF THE ONE WORLD GOVERNMENT where everything you do to save anything is against the laws of the government. This man is in jail for doing nothing wrong but to the one world people he is a criminal
FOOLS for jailing people for keeping rain water you all need to be in mental institutions
I live in E.P Oregon his ponds are beautiful he has put his own money and time into those ponds its rain water , runoff. If the states argument is thats publicly owned, He"s a Tax Payer and he makes up part of the public so therefore he owns those rights
Thank you, this was a very insightful comment you made. It speaks volumes...
"If the states argument is thats publicly owned, He"s a Tax Payer and he makes up part of the public so therefore he owns those rights."
From this and some of the other comments it looks like this guy has the support of 47% or more of America!
I sure wish that Oregon would stop washing its taxpayers money down the drain-hole with cases like this..Go out there and catch some real criminals why don't ya!
Well, ifin I was this dude when I got out of the jackpot I'd build me one big ol' damn dam for all three ponds and turn my farm into one big lake. And when the authorities came back I'd dynamite the dam and send all that "public water" down the stream. Look out below.
Enough already with this "state regulations no matter what the public thinks".."You must submit to our will"...Closing Children's lemonade stands, this -sheesh..Vote Romney and Ryan and get the Commie/Regulator and his idiot side kick out of the White House for good...
Your a fool if you believe one side is better than the other, the bankers have given money to both sides what does that tell you. Either way they win.
Now you can go to jail for either draining or creating wet lands. Well? What is it!!!
Whisky is for drinking and water is for fighting for. Those commentors who discuss the downstream water rights holders are correct. This man is causing damage to downstream water rights holders, like the City. How would you feel if someone stole your water, or even a part of your water supply. Thereby increasing your costs. This is a clear cut water rights case based on western states water law. Why should this guy get off for stealing.
No, he caused damage to them when he filled the ponds (under permit). Now that the ponds are filled, there is very minimal impact downstream.
Well you are wrong.. but why should anyone get away with stealing.. Ceo's get away with it ,bankers get a way with it, the government steals, the only people who get screwed is the little guy ..HI little guy!
No Ken, your wrong, He did not divert a stream. If he had diverted a stream I would agree with you. HE built a retaining pond to collect RAIN (which is water from the weather systems) that fell on HIS property. HE was not stealing stream water, HE was only collecting the FREE water from GOD. Liberals, you people continue to amaze me with your lunacy.
"Is he a straight-out theft?" Should be thief...
Aside from that, really, all you would need is a few good weatherproof cameras to get proof that he wasn't diverting the water. Especially when he's been fighting this for 10 years...
If he filled his ponds, but allowed future runoff to flow downstream ... would that still be in defiance of the law? I mean, when does rain and snow melt on his property become part of his property, especially when it is absorbed by *his* ground, and when does it become public property?
the article states that only after he shut the downflow off again after it taking a court order to get them opened was his permit then revoked.
Makes me want to ask: did he somehow hoard all the rain so that it rained nowhere but his property? Did it not rain anywhre else??? just sayin'...
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