The various alternative media are plastering the net with stories about how Oregon is putting Gary Harrington in jail for collecting rainwater. That is simply not true; hes being jailed for repeatedly and willfully violating our water rights laws, and as far as I can see hes guilty as charged. Unlike the eastern U.S., western states follow whats known as prior appropriation for water use: the water that lands on your property belongs to the public unless you have specific enumerated access rights to that water. This is to ensure that the people who were using the water first can continue to use it, free of interference from any Johnny-come-lately who decides to just take what he/she wants. In Oregon specifically, you can farm all the rain water you want as long as it comes off of a non-natural surface: a roof, concrete pad, driveway, etc. In fact Oregon encourages rainwater harvesting and even has instructions on how to do it online. You can fill all the barrels, tanks and cisterns you have as long as the water hits a structure of some sort first. Mr. Harrington collected water that flowed into and down a gully (multiple gullies, I believe) on his property. The water he collected was runoff, which by longstanding law belongs to the public. He compounded his illegal activities by building several dams in those gullies to contain the water (without proper permits and engineering, which is also illegal), water that would have flowed off his property had he not done so (hence the charge of diverting streams.) Oregon hasnt outlawed rainwater collection, doesnt have water usage laws which differ all that much from any other western state, and isnt jailing Mr. Harrington for rainwater harvesting. Hes being jailed for refusing to comply with the same water rights laws that every farmer and rancher — and yours truly — follows. Im an outspoken critic of governmental overreach, but there is none in this case. Hes patently guilty, was given more than one fair chance to comply with common water rights laws, and refused to do so. Stop making him out to be some kind of patriot, because hes not.
Posted on: Fri, 04 Jul 2014 04:27:29 +0000