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

JohnyCanuck

(9,922 posts)
Sun Jul 29, 2012, 09:56 PM Jul 2012

Oregon criminalizes permaculture; claims state ownership over all rainwater

Jackson County, Oregon says it owns YOUR rainwater, and the county has sentenced a man to 30 days in jail and fined him over $1500, for the supposed "crime" of collecting rainwater on his own property.

The man's name is Gary Harrington, and he owns over 170 acres of land in Jackson County. On that land, he has three ponds, and those ponds collect rainwater that falls on his land. Common sense would say Gary has every right to have ponds with water on his 170 acres of land, but common sense has been all but abandoned in the state of Oregon.

Much like California, Oregon is increasingly becoming a collectivist state. You didn't build that! The government built that! You don't own that! The government owns that! That rainwater that just fell on your land? That's the government's rainwater, and you're going to jail if you try to steal from the government!

That's the explanation from Jackson County officials, who initially granted Harrington "permits" to build ponds back in 2003. Yes, in Oregon you actually need to beg for permission from the government just to have a pond on your own land. But the state of Oregon revoked his permits a few years later, after he had already created the ponds, thus putting Harrington in the position of being a "water criminal" who was "stealing" rainwater from the state.

Tom Paul, administrator of the Oregon Water Resources Department, is an obedient water Nazi. He insists, "Oregon law that says all of the water in the state of Oregon is public water and if you want to use that water, either to divert it or to store it, you have to acquire a water right from the state of Oregon before doing that activity."

http://www.naturalnews.com/036615_Oregon_rainwater_permaculture.html

15 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Oregon criminalizes permaculture; claims state ownership over all rainwater (Original Post) JohnyCanuck Jul 2012 OP
Something smells wrong here Angry Dragon Jul 2012 #1
It seems the state is actually accusing him of diverting ... GodlessBiker Jul 2012 #5
That makes more sense Angry Dragon Jul 2012 #6
good job waitforoneminute Jul 2012 #10
That is appalling. CaliforniaPeggy Jul 2012 #2
Previously posted and I think locked, in no small part due to the source ProgressiveProfessor Jul 2012 #3
Next up Politicalboi Jul 2012 #4
Or getting fined for making shit up in a hyperbolic "naturalnews" article that doesn't even remotely Warren DeMontague Jul 2012 #12
Do the have laws prohibiting the planting of trees on private property? R. Daneel Olivaw Jul 2012 #7
The first red flag that goes up: XemaSab Jul 2012 #8
typical, mindless hysteria from natural news waitforoneminute Jul 2012 #9
Ponds would replenish the groundwater Kolesar Jul 2012 #15
Bullshit article. The guy had several illegal dams diverting rivers into his own private reservoirs Warren DeMontague Jul 2012 #11
oh for the good old days. mopinko Jul 2012 #13
The guy's a water thief. The People of Oregon arrested him, and they're tearing down his dams. Good. hunter Jul 2012 #14

GodlessBiker

(6,314 posts)
5. It seems the state is actually accusing him of diverting ...
Sun Jul 29, 2012, 10:16 PM
Jul 2012

water which would, in the regular course, run into and feed a stream. He may have been using these ponds to collect water which feed and nourish the stream. Who knows what effects his actions are having on wildlife.

This is not about collecting rainwater in barrels or whatever to use in gardening, etc.

10. good job
Sun Jul 29, 2012, 11:26 PM
Jul 2012

Good job. Way to apply critical thought to an otherwise hysterical and intentionally misleading article. PAr for the course from 'natural news'.

OF COURSE rainwater belongs to the people. Who the heck thinks it should be privatized?

Warren DeMontague

(80,708 posts)
12. Or getting fined for making shit up in a hyperbolic "naturalnews" article that doesn't even remotely
Sun Jul 29, 2012, 11:59 PM
Jul 2012

resemble the actual story.


It's comin, maaaan! Faaaascism!

 

R. Daneel Olivaw

(12,606 posts)
7. Do the have laws prohibiting the planting of trees on private property?
Sun Jul 29, 2012, 10:26 PM
Jul 2012

Those growing trees would be a clear sign of water theft.

XemaSab

(60,212 posts)
8. The first red flag that goes up:
Sun Jul 29, 2012, 10:48 PM
Jul 2012

Did he build these ponds on a stream or other watercourse?

If he did, then he would need a Section 404 permit from the Army Corps of Engineers to put fill into waters of the United States.

In California he would also need a Section 1600 permit for lake and streambed alteration from the Department of Fish and Game, but I don't know how things are done in Oregon.

In some states having a rain barrel is illegal, but I don't think that's what's happening here.

9. typical, mindless hysteria from natural news
Sun Jul 29, 2012, 11:24 PM
Jul 2012

This is typical sensation from natural news. The reason one needs permits to build 'ponds' for water catchment, is those ponds are actually preventing the groundwater from replenishing. Groundwater benefits everybody, and without rules like this in place (which have an extensive precedent), landowners would be able to capture as much rainwater as they want, which would have a noticable and negative effect on the aquifer.

It's not 'the government's rainwater. That's corporatist speak. It's the PUBLIC's groundwater. Only a fascist would say they can 'own' the rain, which is what this homeowner is trying to do.

Kolesar

(31,182 posts)
15. Ponds would replenish the groundwater
Tue Jul 31, 2012, 08:23 AM
Jul 2012

...unless the landowner is taking water out of the ponds. In Ohio, storm water districts do encourage ponds to capture run off water to keep the streams from overflowing.

It needs to be said that western water rights are quite different than eastern water rights.
Welcome to our forum!

Warren DeMontague

(80,708 posts)
11. Bullshit article. The guy had several illegal dams diverting rivers into his own private reservoirs
Sun Jul 29, 2012, 11:57 PM
Jul 2012

he was warned repeatedly.

He's clearly one of these crazy "Teh Gummint has no authoritah!" creeps.

Here's a more sane article from the Oregonian, for another perspective:

http://www.oregonlive.com/environment/index.ssf/2012/07/jackson_county_man_sentenced_f.html

hunter

(38,301 posts)
14. The guy's a water thief. The People of Oregon arrested him, and they're tearing down his dams. Good.
Mon Jul 30, 2012, 01:31 PM
Jul 2012

Oregon is a western state., dry in most places. There's simply not enough water that anyone can be allowed to take it just because it's crossing their property.

Water laws are crazy, convoluted, and often unfair, but they are still better than anarchy or a free market.

The lines have to be drawn somewhere, and this guy crossed them. In the absence of messy and hard won legal mechanisms the rivers of Oregon would be flowing through Southern California.

Latest Discussions»Issue Forums»Environment & Energy»Oregon criminalizes perma...