Oregon Man Sentenced to 30 Days in Jail

#2
#2
while I might normally side with the guy, this does seem like he is in violation. Guilty plea says he knew what he was doing

According to Paul, Harrington entered a guilty plea at the time, received three years probation and was ordered to open up the water gates.
“A very short period of time following the expiration of his probation, he once again closed the gates and re-filled the reservoirs,” Paul told CNSNews.com
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however it seems the issue is where the water being captured is actually coming from. Collection ponds would be hard to prosecute but the dams make it a bit tricky
 
#3
#3
utvolpj said:
while I might normally side with the guy, this does seem like he is in violation. Guilty plea says he knew what he was doing



however it seems the issue is where the water being captured is actually coming from. Collection ponds would be hard to prosecute but the dams make it a bit tricky
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Agreed, but what im trying to figure out is he got “permits” to build ponds back in 2003 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.

I will say it is a bit tricky no doubt.
 
#4
#4
Did you read the article? I think there's more to this.

But Tom Paul, administrator of the Oregon Water Resources Department, claims that Harrington has been violating the state’s water use law by diverting water from streams running into the Big Butte River.

“The law that he is actually violating is not the 1925 provision, but it’s 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,” Paul told CNSNews.com.

Yet Paul admitted the 1925 law does apply because, he said, Harrington constructed dams to block a tributary to the Big Butte, which Medford uses for its water supply.

“There are dams across channels, water channels where the water would normally flow if it were not for the dam and so those dams are stopping the water from flowing in the channel and storing it- holding it so it cannot flow downstream,” Paul told CNSNews.com.
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#6
#6
myrobbins7 said:
Agreed, but what im trying to figure out is he got “permits” to build ponds back in 2003 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.

I will say it is a bit tricky no doubt.
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Well, if he built the reservoirs initially and then dammed a stream later, then they should revoke the permits, shouldn't they?
 
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