"[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."
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.
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.
On 7/27/2012 4:17 PM, Ed Pawlowski wrote: ...
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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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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.
in many states, land owners don't own any mineral rights under their land.
On 7/27/2012 4:52 PM, HeyBub wrote: ...
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He just needs to put in a really big parking lot then he HAS to build a retention pond (g)
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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Yeah, there'd surely be no hoops in _that_ exercise... :)
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Land of Liberty, Land of the Free my ass.
That kind of shit doesn't happen in Canada.
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.
On 7/27/2012 8:11 PM, HeyBub wrote: ...
Colorado.
I'd be _very_ surprised if their surface water rights aren't very similar...
Bullshit
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........
Fuck 'em!
Water is like broadband service...if you ain't got it where you live, move!
You have to know the facts in this case. You can't just read the attention grabbing headlines.
In Oregon (where I live) many, if not most, communities depend on snow melt from the mountains for their water supplies. To a lesser extent, rainwater also contributes some water. I live in one of these communities.
This water eventually gets to the communities via streams and rivers. Individuals cannot be allowed to disrupt the water supply by building dams and other obstructions. That's what this guy is doing.
He says he is only collecting rain and snow melt from his property ¡V that's a bunch of bullshit. He's just a selfish, cantankerous asshole who doesn't care for the community he lives in.
House Man wrote in news: snipped-for-privacy@guy.net:
Canadian "Human Rights Commission";and Mark Steyn's book.
There is no mention of "rain" in that document.
========= Limited uses, such as for domestic use, are permitted without a license.
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