Man in Oregon Jailed for… Collecting Rainwater
Since when do you need a permit to collect rainwater? An Oregonian man has been sent to prison after local authorities found he had collected more than 13 million gallons of rainwater in 3 man-made ponds on his own property.
Gary Harrington is a 64 year-old man now sitting in jail for collecting a God-given right. He and his brother asked the ‘water master’ for a water certificate in 1973, but since he was just collecting rainwater, they couldn’t issue him one.
Over time, Harrington has built three massive water collection reservoirs – ponds – on his 170 acre property on Crowfoot Road in rural Eagle Point. Just by collecting snow runoff and rainwater, his ponds hold more than 13 million gallons of water that he uses to irrigate crops, and ‘be prepared in case of forest fires.’ I guess the water privatization people are pissed. He has enough water to fill about 20 Olympic-sized swimming pools.
While Harrington likely uses some of his water for indoor use, which isn’t permitted in all states, it is permitted in Oregon. Harrington also gives a nod to self-sustaining sovereignty since he has stocked one of his ponds with largemouth bass, and built docks around the water.
“The fish and the docks are icing on the cake,” Harrington tells the Medford Mail Tribune. “It’s totally committed to fire suppression.”
What allowed authorities a loophole to arrest Harrington is that while water collection is kosher in Oregon, it is supposed to be done off of an impervious surface, like a rooftop. Oregon law dictates that water is not a publicly owned resource, and his set up with 10 and 20-foot dams definitely got their attention.
Read: Judge Declares Living ‘Off the Grid’ Illegal
Harrington is now in a long, drawn out battle with Oregon’s Water Resources Department, but he surrendered himself last week to authorities to begin his sentence in a Jackson County Jail.
If a man can’t collect rainwater and melted snow on his own property, then the laws need to be changed. This is preposterous.
Watch a video on Gary Harrington’s case above.
I think the authors viewpoint on this is selfish and misguided. During a drought releasing this water he stole from going down river and helping more than just himself would make perfect sense right now. How can you think it is okay for one man to collect all this runoff and keep it for himself? I am all for off grid, back to nature living. If I could afford it you would never see my ass again I’d be in the woods. He is stopping water from flowing down hill. He is being greedy. If he could have filled those ponds with water that fell over his land I’d be behind him 100% but he didn’t he took water that would have flowed farther down and replenished aquifers and hydrated the land. If this guy was my neighbor I would be sick with knowing he was stopping me and whatever I was growing from flourishing.
Listen Jillian…he DIDN’T divert, dam, or otherwise “steal” anything “upstream” as you put it. Your terminology illustrates your ignorance. We are NOT talking about a hydrologically connected waterway here.
Creating ponds to hold rainfall and snowmelt on ones own property is a natural right – and sound practice from an ecologic/hydrologic perspective. Retention/detention ponds simultaneously reduce the demand on the underlying aquifer to supply water for irrigation, while increasing groundwater/aquifer recharge. There is evidence that ponds such as these INCREASE well productivity for those wells at lower elevation than where the ponds are created.
As is often the case with namby-pamby bleeding-hearts, you opine based on your uninformed “feelings”, and would have all of us LIVE according to your “feelings” on a matter – while what’s actually “best” or “right” takes a back seat.
I’m going to assume you haven’t been reading every article I find on this topic as I have. If he was only diverting runoff and snow melt on his own property they he wouldn’t need dams 10 and 20 feet high. The snow melts up high then as gravity dictates pull is “downstream” so to speak because if you have ever seen snow melt it runs like a small temporary stream. You obviously ignored the actual fact that he did divert and dam water that was attempting to cross his property not just capture snow and rain that fell on his acreage. That water could have ran down for miles leading to the replenishment to many more people benefiting from natural water flow. Having nothing to do with people buying or not buying water. I’m not really sure you understand how groundwater works. I do. I based my “feelings” on facts you based yours on a self serving bias. If I were you I would delete your comment because you are incorrect. Until you read all the details of what he physically did to capture the water you aren’t making any valid points just name calling and being useless.
But it is ok when the city, state, or federal govt does it and holds people hostage with fines, penalties, or imprisonment and it is ok that they charge outrageous bills for it on top of all the taxes we pay. Is that what you are saying? If it falls from the sky, I say finders keepers. I think you are being selfish and misguided, are you by chance a baby boomer? I wonder why most baby boomers sold Grampas farm to build empty run down strip malls?
All bringers of tyranny need to be shot, killed and buried in unmarked, deep graves.
No, the graves need to marked to serve as a warning to others.
All talk and no action, this is america
What do you do when judges deny justice?
Fellow Oregonians as responsible stewards of the environment…
https://www.youtube.com/watch?v=_X-BMbLBozA&index=7&list=WL
https://www.youtube.com/watch?v=rhATikyzLOo&list=WL&index=8
There is no stream on his property for this water to flow into. He has not diverted water at all. This water will run out of where it is dammed and pool where it meets resistance. Jackson County and the state of Oregon are wrong on this matter.
Indeed
This is insane 🙁
Fought this case for a client in 1996. We won. For more info contact don@thinkingwrite.org or in the alternative, donleach@gmail.com