Harrington said the case first began in 2002, when state water managers told him there were complaints about the three “reservoirs” – ponds – on his more than 170 acres of land.
According to Oregon water laws, all water is publicly owned. Therefore, anyone who wants to store any type of water on their property must first obtain a permit from state water managers.
Harrington said he applied for three permits to legally house reservoirs for storm and snow water runoff on his property. One of the “reservoirs” had been on his property for 37 years, he said.
Though the state Water Resources Department initially approved his permits in 2003, the state – and a state court -- ultimately reversed the decision.
“They issued me my permits. I had my permits in hand and they retracted them just arbitrarily, basically. They took them back and said ‘No, you can’t have them,’ so I’ve been fighting it ever since,” Harrington told CNSNews.com.
The case, he said, is centered on a 1925 law which states that the city of Medford holds exclusive rights to “all core sources of water” in the Big Butte Creek watershed and its tributaries.
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