Oregon rancher allegedly collects rainwater on his own land. Then he’s sentenced to 30 days in jail and fined $1,500: ‘So America nothing is free’
The rain fell freely. What came after it was anything but...
Rainwater seems like one of the last things anyone would expect to get in trouble for collecting. But for one Oregon man, using water that fell on his own land eventually led to a fight with the state.
Rules around what people can do on their own property can sometimes be surprising. Even how much water someone supposedly used can become a problem. But Gary Harrington’s case went much further.
The Oregon rancher’s years-old case is getting attention again after TikTok user @user1508430863872 shared it in a video with more than 974,000 views. What started with collecting rain and snow runoff eventually cost Harrington money and time behind bars.
So can Oregon really tell you what to do with rainwater?
Harrington owned property near Eagle Point, Oregon, where he maintained three reservoirs that collected rain and snow runoff. According to Oregon Public Broadcasting, one of the dams was about 15 feet high. Harrington maintained that the water was primarily being stored for wildfire protection and wildlife.
But state officials had a problem with the reservoirs. Harrington did not have the water rights required to store the water, and the disagreement had already been going on for years. Court records show that he applied for three water-storage permits with the Oregon Water Resources Department in 2002.
Two of those applications were initially approved before the department reconsidered the permits and ultimately denied all three. Harrington challenged the decision, arguing, “The water fell on my land. I’m not selling it. I’m simply using it on my own property.” The Oregon Court of Appeals rejected his challenge in 2007.
The location of Harrington’s property also played a major role. His land sits within the Big Butte Creek watershed, which is covered by an Oregon law dating back to 1925. ORS 538.430 restricts the appropriation of water within that watershed, with an exception for the City of Medford and existing water rights.
The legal fight eventually caught up with Harrington. In 2012, he was convicted of nine misdemeanor violations related to the reservoirs. A judge sentenced him to 30 days in jail and ordered him to pay a $1,500 fine.
However, the sentence doesn’t mean Oregon residents can be jailed simply for putting out a barrel and catching rain. Oregon allows certain forms of rainwater collection without a water-right permit. Rain collected from an artificial surface such as a roof, for example, can generally be stored in rain barrels or cisterns under state rules.
Harrington’s situation involved something much larger. He had three reservoirs and dams collecting runoff on property located within a watershed subject to specific water restrictions. That distinction has largely disappeared as the old case has resurfaced online.
Viewers were still stunned by the idea that water falling naturally onto private property could result in legal trouble. “So America nothing is free even the rain water.” one person commented.
Others questioned where that reasoning could lead. “Soon the US government will charge and tax on the sunshine and the air that the breathe..” one viewer wrote.
Some turned the argument against the government. “ok then the public water supply is ruining my roof I want to sue the county for damage,” one person commented. Another called the situation “nonsense,” while someone else asked, “what kind of law is that, it’s not good.”
The viral version makes Harrington’s punishment sound like it came from simply collecting a little rainwater on his property. His actual case involved three reservoirs, water rights, and a legal battle that lasted for years. But judging by the reaction more than a decade later, plenty of people still aren’t comfortable with the idea that the government can have any say over rain that falls on someone’s own land.
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