Rewriting the Sacred Cow: Can the West Rethink Prior Appropriation?

https://johnmuir736707.substack.com/p/rewriting-the-sacred-cow-can-the?publication_id=8854123&post_id=196277804&isFreemail=true&r=7ywzas&triedRedirect=true

#Water #WaterRights #Conservation #Drought

Oregon Man, Three Reservoirs, and the Rainwater Law Nobody Read Twice

Dear Cherubs, Gary Harrington became the star of a very specific kind of headline: the one that makes people gasp, “They arrested him for rain?” The real story is less cartoonish and a lot more Oregon. Harrington built three reservoirs on his property in Eagle Point, and after a legal fight that stretched for years, he was sentenced to 30 days in jail and fined $1,500 after a Jackson County jury convicted him on nine counts tied to unauthorized water use.

THE CATCH

According to the Oregon Water Resources Department, water in Oregon belongs to the public, and most uses require a permit or license. The state does carve out exemptions, including collecting rainwater from an artificial impervious surface such as a roof. So the viral version of this story gets a little sloppy right out of the gate: Oregon did not make buckets illegal. The fight was about how and where the water was being captured.

Harrington’s case centered on reservoirs that the state said were intercepting water in a protected watershed, not just tidy little puddles falling off a shed. The Oregon Court of Appeals later summarized that his property sat within the Big Butte Creek watershed, which the legislature had withdrawn in 1925 for the use and benefit of the City of Medford, subject to older rights. Harrington argued that he was dealing with diffuse surface water, but the department denied his applications to impound it and ordered the existing impoundments ended. In other words: not exactly a “my rain, my rules” kind of situation.

THE UNSCROLLABLE PART

OPB reported that Harrington said he was storing the water for wildfire protection, while Oregon water officials said landowners cannot divert the natural flow without permission. KCBY, citing the Oregon Water Resources Department, reported that he had built two 10-foot dams and one 20-foot dam and stored enough water to fill about 20 Olympic-sized pools. That is less “home improvement” and more “surprise inland sea.”

This is the part that tends to get flattened into a meme. Oregon law does allow some rainwater harvesting, but Western water law runs on permits, priority dates, watershed rules, and the lovely little concept that the first right can outrank the next one. So the moral is not that the state hates rain. It is that water law is old, technical, and perfectly capable of making a simple story sound absurd when the paperwork shows up.

For readers who enjoy public-interest oddities with a side of bureaucratic reality, thisclaimer.com is a useful extra stop for context.

Sources list
OPB — https://www.opb.org/news/article/southern-oregon-man-sentenced-to-jail-time-for-ill/
Oregon Water Resources Department, Water Rights in Oregon — https://www.oregon.gov/owrd/WRDPublications1/aquabook.pdf
ORS 537.141 — https://oregon.public.law/statutes/ors_537.141
Harrington v. Water Resources Department — https://law.justia.com/cases/oregon/court-of-appeals/2007/a129878.html
KCBY News / KVAL News — https://kcby.com/news/local/eagle-point-man-jailed-for-illegal-water-reservoirs-11-13-2015-184817498
thisclaimer.com — https://thisclaimer.com/
Wikimedia Commons image: Rainwater harvesting tank (5981896147).jpg — https://commons.wikimedia.org/wiki/File:Rainwater_harvesting_tank_%285981896147%29.jpg

So, before I start posting about #RainwaterCollection and #RainwaterHarvesting, I wanted to point out that while collecting rainwater is legal in most countries (though there can be local restrictions/regulations), there are some states in the #UnitedStates that restrict or prohibit #Rainwater collection.

Can You Go To Jail for Collecting Rainwater?

By Kiersten Hickman
Updated on Nov. 24, 2023

It's fine in most states, but some have stricter rules!

"While most states permit rainwater harvesting and some even encourage it, other states have specific rules and regulations around the topic. These states specify the uses of the water. For example, if the water can be collected for “non-potable” purposes, it means the water is not suitable for drinking but can be used for other things. Potable means it’s safe for drinking, cooking and bathing.

Here are a few with specific rules governing rainwater harvesting.

- #Alaska (rainwater okay, but groundwater is regulated)
- #Arkansas (legal with some regulation)
- #California (legal unless using it for landscaping)
- #Colorado (limited to 110 gallons per day)
- #Illinois (legal with some regulation)
- #Kansas (#WaterRights required, except for domestic use)
- #Louisiana (#cisterns must have covers)
- #Nevada (used to be illegal, but is legal with some restrictions
- #NorthCarolina (regulated)
- #Ohio (regulated for drinking)
- #Oregon (no longer illegal)
- #Texas (regulated)
- #Utah (rules about amounts)
- #WashingtonState (strict rules)

Learn more:
https://www.familyhandyman.com/article/collecting-rain-water-in-these-states-could-be-illegal/

More about the status of individual states:
https://4perfectwater.com/blog/rainwater-harvesting-laws

#SolarPunkSunday #WaterIsLife #WaterCollection #UnitedStates

❝ The river won, the forest won, the memory of our ancestors won” […] What was arguably most impressive about this historic win was the apparently mismatched nature of the contest: on one side were about 1,000 local river defenders, mostly from the Munduruku, Arapiun and Apiaká peoples, and on the other were some of the most powerful forces of global capitalism and climate breakdown.

https://www.theguardian.com/environment/2026/feb/27/the-river-won-how-campaigners-in-brazilian-amazon-stopped-privatisation-of-waterway

#Brasil #Amzonia #Originarios #FirstPeoples #waterRights #antifa