Homeowner Gary Harrington continues to be persecuted by Oregon State water officials by Ralph Metcalf - OPT-ED Sunday July 15, 2012 - 8:04 PM The views expressed in this op-ed are those of the author only and not necessarily those of The Oregon Herald. MEDFORD, Oregon — Homeownes should beware that there are state managers who would take the very water that falls on your property, take you to court and prosecute you as a criminal. Gary Harrington of rural Eagle Point said he will continue his long legal battle against Oregon water managers who want the water that falls on his property. He said the water containers the managers are concerned about are merely ponds holding rain and snow runoff from his own property, and that he stores the water mainly for fire protection. Oregonians and many property owners around the United States are quite away, this summer, of how important it could be to have extra water to wet the roof and other property on your own land. Harrington plans to appeal his recent conviction on nine misdemeanor charges for filling his own private reservoirs with rain and snow runoff the state steadfastly maintains is owned by the Medford Water Commission. That's right. The state swears they own the water on your own property. Harrington disagrees with the state's interpretation of a 1925 state law granting the commission broad water rights to the Big Butte Creek Basin. He believes he's been singled out amid other pond owners. "When it comes to the point where a rural landowner can't catch rainwater that falls on his land to protect his property, it's gone too far," he said. "This should serve as a dire warning to all pond owners." Oregon officials have dragged Harrington through the state court system for a decade for using hjis own water without a permit, convicting him of "illegally taking water without a permit" in 2002. Harrington's case was prosecuted by the state Department of Justice at the request of the Jackson County District Attorney's office. Prosecutor Patrick Flanagan, who handled the case with die-hard passion, declined to comment until after Harrington's sentencing. Harrington represented himself at his trial Tuesday. It was no surprise when a six-member jury convicted him on three counts each on charges of illegal use of water denied by a water master, unauthorized use of water and interfering with a lawfully established head gate or water box. At issue is the interpretation of the 1925 state law that gave the water commission exclusive rights to all the water in Big Butte Creek, its tributaries and Big Butte Springs. That's core of the city's municipal water supply. Harrington has argued in court documents that he's not diverting water from the creek system, but capturing rainwater and snowmelt from his 172-acre property along Crowfoot Road. He maintained that the runoff does not fall under the state's jurisdiction and does not violate the 1925 act. Water managers have said the runoff is a tributary of nearby Crowfoot Creek and thus subject to the law. The Medford Water Commission's principal source of water is Big Butte Springs, located about thirty miles northeast of Medford, Oregon, between Mt. McLoughlin and the town of Butte Falls. The springs' capacities vary from 25 million gallons per day (MGD) to 35 MGD and are the primary source of system water for the entire year. The maximum withdrawal from the springs, limited by the capacity of the transmission facilities and water rights, is 26.4 MGD. The Commission holds three water rights equaling 67 cubic feet per second (cfs) on the Big Butte Springs source. The Oregon Legislature closed Big Butte Springs drainage from any additional appropriation in 1925 and gave all additional water to the City of Medford. The Commission receives most of its water supply from the Big Butte Springs. The water begins as snowmelt on Mt. McLoughlin and percolates through volcanic soils to emerge again as springs. Big Butte Springs Watershed The Big Butte Springs watershed is a multiple-use watershed consisting of 56,000 acres of private and publicly-managed lands. This watershed provides the recharge zone for the Big Butte Springs. Millions of years ago volcanic, glacial and erosion activity filled nearby valleys with permeable materials that now store and transmit vast quantities of water from the western slopes of Mt. McLoughlin (9,495 feet elevation) to Big Butte Springs at about 2,700 feet elevation. The Big Butte Springs are the primary source of drinking water for the City of Medford and surrounding communities. By providing 26.4 million gallons per day (mgd) of high quality water, the springs are one of the communities' most valuable and significant resources. The springs discharge exceptionally high quality water that is consistently cold, clear and low in mineral content. Spring flows are collected underground and require only minimal treatment (disinfection only) to meet all current water quality standards. The Big Butte Springs Watershed or recharge zone was delineated and characterized by the 1990 Big Butte Springs Geohydrologic Report. It delineated specific hazard zones or areas on the watershed that are susceptible to contamination from surface activities. These areas are under multiple ownership and management objectives. Therefore, a Drinking Water Protection Plan was developed using the State's Wellhead Protection Program guidelines in partnership with the other land owners and managers to protect and/or minimize risk to water quality on the springs watershed. The Commission works closely with the U.S. Forest Service (USFS) and other agencies in managing and monitoring all activities on the watershed that may affect water quality. About 75 percent or approximately 41,000 acres of the watershed is managed by the USFS. The Commission owns and manages about 3,700 acres around Big Butte Springs and Willow Lake. In 1999, the Commission contracted with the U.S. Forest Service for the development of a Forest Management Plan. Implementation of forest management activities began in 2000 and was completed in 2008.