So let the rains come down...

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"[EAGLE POINT, OR] Gary Harrington was also fined more than $1,500 for nine misdemeanor convictions for filling his reservoirs with rain and snow runoff that the state says is owned by the Medford Water Commission. He was given two weeks to report to the Jackson County Jail to begin serving his [30 day] sentence."
http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20120726/NEWS/207260314
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wrote:

I have a hard time with this. Rain falls on my property, I should be able to do whatever I want with it. Save it, boil it, let it run. It just seems to be a government grab of private property.
If he was diverting water from streams outside of his property, then guilty. I hope a judge has some common sense.
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On 7/27/2012 2:17 PM, Ed Pawlowski wrote:

typically in colorado, people downstream own the water rights of the rainshed above them. people don't actually own the water that rains on their property in CO.
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Oren wrote:

Typical state Real Property Law says you own everything above your property, to a reasonable extent and everything below the surface, again to a reasonable extent. The legal concept of "capture" further says you own anything that wanders into your land (such as deer), again subject to reasonable restrictions.
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On 7/27/2012 2:52 PM, HeyBub wrote:

in many states, land owners don't own any mineral rights under their land.
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On 7/27/2012 4:55 PM, chaniarts wrote:

Here in Alabamastan, my father bought the mineral rights to the family farm so many years ago when he bought the property, otherwise a coal company could have strip mined the mountainside with impunity and a bunch of big machines. O_o
TDD
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chaniarts wrote:

That could be true but either a) Somewhere upstream the land was sold without the mineral rights or b) By state law, the mineral rights are owned by the state.
I'd be surprised if you could show an example of the latter.
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On 7/27/2012 8:11 PM, HeyBub wrote: ...

Colorado.
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On 7/27/2012 4:52 PM, HeyBub wrote: ...

But water rights (particularly in the western states) are an entirely different matter...
--
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On 7/27/2012 4:17 PM, Ed Pawlowski wrote: ...

...
In general what stays there on its own volition but most jurisdictions don't allow collection/diversion from the established flow...at least other than in some instances existing practice may have been grandfather'ed in when later modifications to existing or new water law were/was made.
So, if his property has a natural lake he's ok; he digs one or builds a dam and not so much (at least w/o the hoops, etc.) ...
--
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He just needs to put in a really big parking lot then he HAS to build a retention pond (g)
--
America is at that awkward stage. It's too late
to work within the system, but too early to shoot
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On 7/27/2012 5:44 PM, Kurt Ullman wrote:
...

...
Yeah, there'd surely be no hoops in _that_ exercise... :)
--
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HeyBub wrote:

Land of Liberty, Land of the Free my ass.
That kind of shit doesn't happen in Canada.
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On 7/27/2012 7:48 PM, House Man wrote:

I'd be _very_ surprised if their surface water rights aren't very similar...
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Please don't feed the idiot troll.
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Bullshit http://www.watergovernance.ca/factsheets/pdf/FS_Water_Rights.pdf
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if there was enogh water for everyone, no one would care!
there are preliminary plans for a big canal from the great lakes to provide water to the west.
If the drought continues this canal or ocean desalinazition will be necessary for california, nevada, arizonia plus irrigation water for much of the country.........
when food prices get high enough and citys like las vegas begin to go dry it will get approved.
lake mead that provides water to nevada is 1/2 empty. and nearly all the ground water in nevada is contaminated with radiation from nuclear bomb testing.......
look for proposals for the largest US infrastructure project ever........
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On 7/28/2012 9:12 AM, bob haller wrote:

Fuck 'em!
Water is like broadband service...if you ain't got it where you live, move!
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Ed Pawlowski wrote:

There is no mention of "rain" in that document.
========Limited uses, such as for domestic use, are permitted without a license.
Domestic uses on the land are not limited in quantity. Additionally, water for irrigation or manufacture on the land is permitted as long as the water is returned to its source in similar quantity and quality after use. ========
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Canadian "Human Rights Commission";and Mark Steyn's book.
--
Jim Yanik
jyanik
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