"[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]
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.
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
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
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.
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
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.) ...
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
look for proposals for the largest US infrastructure project
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
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