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Man Sentenced to Jail for Collecting Rainwater

Discussion in 'Politics, Elections & Legislation' started by Easystreet, Aug 9, 2012.

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  1. Easystreet

    Easystreet Well-Known Member

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    An Oregon man was sentenced to jail for collecting rainwater on his own farm. He didn't dam a stream. He dug a couple of small ponds to collect the water that fell on his own property.

    Too bad, says the state of Oregon. That rainwater belongs to the state.

    Easystreet
     
  2. GW22

    GW22 Active Member

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    For those who haven't been paying attention, Oregon is only a few kooks shy of being Kalifornia.

    -Gary
     
  3. ipscmaster

    ipscmaster Member

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    Someone better grow some "NA NA'S" out there or next the Gov't. is going to say they own what the rainwater grow's also.....
    Bill Crane
     
  4. Rick Barker

    Rick Barker Well-Known Member

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    Sounds like the man did some decorative landscaping and the State's rain water was tresspassing and ruined his work.

    He should have demanded they remove the rain water from his property and rewarded him monetary damages for and damage the State's rain caused.
     
  5. gun1357

    gun1357 Active Member

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    This is common, actually. Maintaining the quality of captured water is a health problem in some situations. Ron
     
  6. John Galt

    John Galt TS Member

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    "Maintaining the quality of captured water is a health problem in some situations"

    What does that mean? Health for who? The guy wasn't going to drink the water. Sure glad I don't live in a communist state like that.
     
  7. Easystreet

    Easystreet Well-Known Member

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    I don't think that the article made any reference at all to health problems or water quality, but maybe I missed it.

    If he wanted to collect the water that falls on his own property just to look at it, why should that be the state's concern?

    Easystreet
     
  8. John Galt

    John Galt TS Member

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    I collect it for my cows to drink, to have a place to fish, it looks real purty, and it increases the value of my land. Aside from the cows, the dogs drink it too along with deer, possum, coons, skunks, dove, etc. It's damn well none of the state's business what I do with water that falls on my property and I make every effort to keep all that does fall on it.

    Maybe the guy is fortunate that Oregon allows rain to nourish the plants on this guy's property without charging him for that. I'll bet this whole thing is about money- the state wants all the water so it can sell it to people since they can't collect their own. Maybe I'm paranoid, but it's not paranoia if the bastards really are out to get ya.
     
  9. Brian in Oregon

    Brian in Oregon Well-Known Member

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    This is exactly what a couple of decades ago Oregon started a pond inventory and registration program.

    If you had a pond that existed before that date, it would be grandfathered in.

    If you failed to register your pre-existing pond, or made one after that date without a permit, it was an illegal pond.

    Oregon claimed it was to protect the water right of all landowners, but in fact it was simply so Oregon could create another bureaucracy and claim something that is not theirs to claim - rainwater.

    Be that as it may, this guy went through the process to get permits for the pond, which after the ponds were built, the county revoked the permits. This is an all too familiar problem with the bureaucracy in Oregon. Their rules and procedures are so complex that the government does not even know what is correct, and they operate on a whim, overturning themselves often, almost always to the detriment of someone who has invested time and money.

    Since Oregon now claims to own the rainwater, shouldn't they be held liable when said water results in flooding? It's the state's water, they own it, they need to be responsible for it, and pay 100% for all ensuing damages.
     
  10. WS-1

    WS-1 Banned User Banned

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    Say, is the media still saying that Oregon is a potential swing state? :)
     
  11. halfmile

    halfmile Well-Known Member

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    Interesting concept.

    In northern Wisconsin years ago, a deer came on a home in a wooded area and leaped through the picture window. (must have been going after the reflection)

    He proceeded to kick the snot out of the house, ripping up furniture, drywall, and so on. When the owners of the home asked the DNR if they could at least keep the deer, the DNR said "Oh, no, that deer is state property, and you can't have him."

    Long story short, owners sued the state for their deer damaging their house, and won. Nowadays you keep the deer if you hit it with your car, and the state does not want to own it.

    So it should be feasible to sue the state because of the damage their rainwater caused.

    HM
     
  12. wolfram

    wolfram Well-Known Member

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    This isn't just an Oregon thing although busting a guy for a couple of small ponds is a bit unsuual. But in general sturctures that divert or capture meteroric water have to be approved by the Corps of Engineers and permitted by the state level EPA. Serious business this water is. Beyond owning the land you need to own specific water rights and out west the water rights are more valuable than the land.

    I would have to think the guy got the jail sentence because he knew better or had been warned not to build the impoundments.
     
  13. Catpower

    Catpower Molon Labe TS Supporters

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    Glad we got all of our ponds/lakes dug before Texas does something stupid like that
     
  14. TinMan88

    TinMan88 TS Member

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    You better get used to it...
     
  15. Stl Flyn

    Stl Flyn Well-Known Member

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    There is much information missing here. Is it possible this is just another rhetoric building article? It is all this guys opinion! If you build a pond in any state, the DNR would be involved. This law is not in place to stop him from collecting his own water run-off, it is about stopping the water flow below his location.

    Is it possible that the ponds where built in an area that collects rain water, that is flowing through his property, as to stop it from flowing through the others below him. Is it possible that the permits where revoked because the ponds where not built to the permits specifications, or location? What if the ponds restricting barriers could give way, because they where not built to the specifications as to the permit granting? Thus revocation. This would be a non-natural flood that could greatly affect people below his land. There is much more to this, than the state saying the rainwater belongs to them. Of which the state never said! This guy did not go to jail because he was collecting the "States" rainwater. How ridiculous.
     
  16. Rick Barker

    Rick Barker Well-Known Member

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    "Under Oregon law, all water is publicly owned. With some exceptions, cities, farmers, factory owners, and other water users must obtain a permit or water right from the Water Resources Department to use water from ANY source..." (http://cms.oregon.gov/owrd/pages/pubs/aquabook_laws.aspx)


    Learn more: http://www.naturalnews.com/036615_Oregon_rainwater_permaculture.html#ixzz239tjAjD9

    --------------------------------------------------------------------------------

    "from ANY source" would include rainwater.
     
  17. Stl Flyn

    Stl Flyn Well-Known Member

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    The key word, "Publicly". Not "State". Same reason why you can wade in a stream through private property. If there is an obstruction, (Grandfathered Bridge) that requires you to go around, you may enter that private property within reason, to go around. Same reason a permit is required to build that bridge on private property, because of possible restrictions of "Public" use. They must be built not to obstruct public use. Canoeists, fisherman, etc.
     
  18. Force Break

    Force Break TS Member

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    We have had and they are still in the system water rights suits for similar entrapment of rainwater. One involves a credit union that had a cistern installled to collect rainwater for irrigation of their lawns. Oregon, Kalifornia,Missoula,Mt. it is the same mentality. One has something and the other wants it. I believe the suit in Missoula was filed by downstream water rights users. The credit union is not in a rural area it is in town.
     
  19. Catpower

    Catpower Molon Labe TS Supporters

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    Jon as much as you love the government dictating how they should dictate every move of your existence, the DNR in Texas doesn't regulate ponds dug on private property

    Yet
     
  20. Stl Flyn

    Stl Flyn Well-Known Member

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    WHY THE IDIOTIC INSINUATIONS ???????????????????? Get off that chit! How much runoff is there in Texas? Do you even have any water in Texas yet? If you dig a pond in the middle of a 40,000 acre ranch, the chances are the run-off from that land would not be affected. If it is, I guarantee you the DNR, or some agency would get involved, if they knew about it.
     
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