Rainwater theft?

Discussion in 'World Events' started by See Post, Aug 9, 2012.

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  1. See Post

    See Post New Member

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    Originally Posted By WilliamK99

    <a href="http://cnsnews.com/news/article/man-sentenced-30-days-catching-rain-water-own-property-enters-jail" target="_blank">http://cnsnews.com/news/articl...ers-jail</a>

    This story makes me curious, how can you be sent to jail for stealing something that lands on your property?
     
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    See Post New Member

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    Originally Posted By ecdc

    So I see "CNS News" (which I'd never heard of) and immediately get suspicious. Then I peruse the site and I'm reminded of why conservatives hate Obama and the government. Wow.

    The San Francisco Chronicle also has an article on the story with details CNS fails to mention.

    <a href="http://www.sfgate.com/news/article/Man-disputes-Ore-convictions-of-illegal-water-use-3708607.php" target="_blank">http://www.sfgate.com/news/art...8607.php</a>

    These details include:

    —The man was convicted by a jury of his peers; clearly they found reason he broke the law, not just the big, bad government.

    —Part of his conviction includes tampering with government property, directly contradicting his claim that he only has ponds collecting rainwater.

    —He fired his attorney and represented himself, usually not the sign of a reasonable person.

    —The fight has been going on for a decade, and authorities worked with him to help him comply with the law.

    Finally, a quick search of this site reveals that the conservative commentators have gone positively gaga over this story. They compare it to others and hold it up as an example of government gone amok. All while not providing their readers with all the facts.

    I really don't know if Mr. Harrington should go to jail or if the laws is silly or not. But I do know that even politically slanted websites should at least report facts accurately.
     
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    Originally Posted By SingleParkPassholder

    Read the "about us" section on CNS News. It was founded by L. Brent Bozell III. 'Nuff said.

    On a side note, I often wonder why people are named Such and Such III or IV or whatever. Is it because they couldn't get it right the first II or III times? Seems to be the case with the Bozells.
     
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    Originally Posted By WilliamK99

    I saw this while visiting Portland and even the local news was making a big deal about it as well.

    Still think it's a messed up situation but it appears he is attempting to "martyr" himself to make local govt look bad.
     
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    See Post New Member

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    Originally Posted By SingleParkPassholder

    It's what his type of person does best.
     
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    Originally Posted By fkurucz

    Sounds like a case of water rights to me which as the article points out, gores back to a 1925 law in Oregon. This is hardly anything new.

    And if you live in the west, you know that water rights are a big deal out here. As the saying goes, "Whiskey is for drinking and water is for fighting"
     
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    Originally Posted By andyll

    We have laws like this in Colorado... most of the west does.

    Water can be more valuable then gold.

    The laws go back centuries and courts still almost always uphold them.

    Rainfall/snowfall is what supplies the rivers.

    Water rights have been owned for centuries.

    If you prevent rain from flowing into rivers/streams you and you are stealing someones elses right to that water.

    In colorado that also includes wells.

    A few years ago farmers in Northern colorado had to stop watering their corps because by law they had no water rights and any water pulled from the water table had to be replaced. ( simplified version )

    During the drought the primary water right holders sued and the farmers had to turn off the wells.

    The colorado surpreme court easily upheld the ruling.
     
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    Originally Posted By dshyates

    When I lived in Colorado, my yard was covered in paver stones. Great on the water bill, tough on the kids knees.
     
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    Originally Posted By TomSawyer

    "This story makes me curious, how can you be sent to jail for stealing something that lands on your property?"

    You need to understand what "property" actually means. It means that you have paid for certain exclusive rights to how you use a specifically-defined geographic area. Your rights are not absolute and are in effect only so long as you abide by the terms of the deed to that land and state law.

    In Oregon, those exclusive rights do not automatically include the right to use surface water without getting a permit first. When rain hits the ground it becomes surface water.
     

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