crazy laws

[fiero128]

http://cnsnews.com/news/article/man-sentenced-30-days-catching-rain-water-own-property-enters-jail
slow laws

Man Sentenced to 30 Days for Catching Rain Water on Own Property Enters Jail
August 8, 2012 - 7:03 PM
By Kendra Alleyne
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Gary Harrington goes to Jail
Gary Harrington reports to Jackson County (Ore.) Jail to begin serving a 30-day term for collecting rainwater on his property. (Photo: Gary Harrington)

(CNSNews.com) – Gary Harrington, the Oregon man convicted of collecting rainwater and snow runoff on his rural property surrendered Wednesday morning to begin serving his 30-day, jail sentence in Medford, Ore.
“I’m sacrificing my liberty so we can stand up as a country and stand for our liberty,” Harrington told a small crowd of people gathered outside of the Jackson County (Ore.) Jail.

Several people held signs that showed support for Harrington as he was taken inside the jail.

Harrington was found guilty two weeks ago of breaking a 1925 law for having, what state water managers called “three illegal reservoirs” on his property. He was convicted of nine misdemeanors, sentenced to 30 days in jail and fined over $1500 for collecting rainwater and snow runoff on his property.

Gary harrington news conference
Crowd of supporters outside Jackson County Jail, Wednesday August 8, 2012. (Photo: Gary Harrington)

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.

But Harrington says he is not diverting the state's water -- merely collecting rainwater and snow melt that falls or flows on his own property.

Harrington has vowed to continue to fight the penalty, stating that the government has become “big bullies” and that “from here on in, I’m going to fight it.”

“They’ve just gotten to be big bullies and if you just lay over and die and give up, that just makes them bigger bullies, Harrington said in an interview two weeks ago with CNSNews.com.

"We as Americans, we need to stand on our constitutional rights, on our rights as citizens and hang tough. This is a good country, we’ll prevail,” he said.

His release is expected in early September.

[Fierofool]

I'm not sure, but I think that old law stems from the old cattlemen's water wars.  Settlers and cattlemen would dam up a stream, retaining water for their own farm and cattle while at the same time, herds of cattle and farms further down the stream were dying due to lack of water. 

In the US, all water belongs to the State.  State being the Federal Government.  Water and it's stream bed is government property up to the area where the natural action of water strips away vegetation.  This makes the stream and it's bed accessible to the public unless it's declared closed by the government.  So, that being the case, any stream coming through private property may be used as a pathway so long as the person(s) traversing the property do not exit the stream bed.  Should they, they might be charged with trespassing. 

With streams being public/government property, no one has the right to claim all of that water for themselves.  One must have government permission to divert or dam any stream.  There are some exceptions, however.  The law says that if the source of the water begins on your property and without human restrictions, doesn't leave your property, then it belongs to the land owner.  This would apply to wells.  It would also apply to a quarry.  So often a quarry or mine is dug so deeply that they strike water and must abandon the pit.  That water belongs to the quarry owner and they have to share it with no one because it originates on the property and there's no stream bed where it flows off the property. 

It's really not an unreasonable law.  Mr. Harrington probably won't be successful at keeping the water reservoirs.  Even the rainfall and snowmelt might have originated on his property, it surely must have flowed off his property otherwise he would have had no need to build the reservoirs to retain it.