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  1. BKR is offline
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    My dog is cuter and smarter than yours.

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    Posted On:
    7/29/2013 2:37pm

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     Style: Kodokan Judo

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    Quote Originally Posted by Mr. Machette View Post
    This guy lives near me, it's a pretty well known beef localy.

    Here's how it breaks down.

    He's not "diverting" anything. They're just prosecuting him under that law because the local courts are corrupt enough to somehow let the DA jump through that tiny warped hoop. They are trying to argue that the rainwater is not making it into the river. AFA the water table? This is NW Oregon. The "water table" is an inch above the ground most of the year. That's just bull@#$%.

    What he has are three man made ponds on his own property which he stocks with fish and uses as resevoirs to water his property and fight local wild fires. He's notably allowed local fire departmens to dip into his "stash" as it were in the past. The ponds themselves are fed by rainwater. The "dams" are to control drainage into the river.

    The beef is something unrelated bewteen him and the city. They're just pushing the water thing because it's all they have on him. Medford aparentlky argues that anything which falls from the sky within their city belongs to the city. They've been going after him for years and all they've got is 1.5k and the priviledge of providing this guyt with room and board for a month.

    Witness; Kleptocracy in action.
    Sounds like he needs a better lawyer. Is he damming streams that run year round? Or even intermittently ? Sound like no to me... it should be interesting case if he pursues it.
    Falling for Judo since 1980
  2. tgace is online now
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    Posted On:
    7/29/2013 2:39pm


     Style: Arnis/Kenpo hybrid

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    It sounds like he's damming run-off to fill his reservoirs.....
  3. Mr. Machette is offline

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    Posted On:
    7/29/2013 2:52pm

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     Style: FMA, Ego Warrior

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    Quote Originally Posted by BKR View Post
    Sounds like he needs a better lawyer. Is he damming streams that run year round? Or even intermittently ? Sound like no to me... it should be interesting case if he pursues it.
    Quote Originally Posted by tgace View Post
    It sounds like he's damming run-off to fill his reservoirs.....
    Not really.

    He has "pits" on his property. The rainwater falls into the pits where it stays until he chosses to drain them by opening the dams. The dams basically work as a control against flooding. They do not divert anything from the river. To the contrary, they allow water to flow into the river that would otherwise stay on his property.

    These little deatails are the reason it's taken about ten years or so for the local Gov. to back him into a 1.5k corner. They've probably spent far more than that trying to mess with the guy for the last decade.
  4. Permalost is online now
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    pro nonsense self defense

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    Posted On:
    7/29/2013 2:57pm

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     Style: FMA, dumbek, Indian clubs

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    Quote Originally Posted by Mr. Machette View Post
    The dams basically work as a control against flooding. They do not divert anything from the river. To the contrary, they allow water to flow into the river that would otherwise stay on his property.
    Conversely, the pits collect water that would otherwise flow into the river. I think that's the other side's point.
  5. Mr. Machette is offline

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    Posted On:
    7/29/2013 3:15pm

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    Quote Originally Posted by Permalost View Post
    Conversely, the pits collect water that would otherwise flow into the river. I think that's the other side's point.
    This isn't dry-azz Sand Diego up here. Nine months out of the year your footprint goes below the water table. Dig a post hole and you'll have a "man made pond". Anything below ground level is basically "in the water table.

    The idea that holes on his property are damaging to the river is laughable at best. Not to mention, the water does eventually flow into the river and does leech into the ground.

    The city's case is total bull$%#@ and that's why the best they can get after all this time is a token fine and providing this guy with three hots and a cot for 30 days. I know a guy who did three times that stint for running out of the Plaid Pantry with a bottle of Ripple in his pants. What I'm saying is his "heinous crime" falls somewhere short of shoplifting. It's a bad joke, man.
  6. tgace is online now
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    Posted On:
    7/29/2013 4:08pm


     Style: Arnis/Kenpo hybrid

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    Hmmm...can a homeowner build a "pond" if he want's too or does he have to get a permit?
  7. Grey_Southpaw is offline

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    Posted On:
    7/29/2013 9:53pm


     Style: MMA, Hoshinsul

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    Thanks for clearing that up Machete. Been wondering about the actual facts on this one. Sounds like some bullshit.

    Sent from my LG-L38C using Bullshido - No BS MMA mobile app
  8. It is Fake is offline
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    Posted On:
    7/29/2013 11:07pm

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    Quote Originally Posted by tgace View Post
    Hmmm...can a homeowner build a "pond" if he want's too or does he have to get a permit?
    Depends completely on where you live. So, the answer can be yes, you have to get a permit. Heck in my state, you ned to get approval and call the company blue stake to make sure you are cleared to dig. Many areas have weird zoning laws as well.
  9. submessenger is online now
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    Transmaniacon MC

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    Posted On:
    7/30/2013 6:24am

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     Style: BJJ

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    Hell yeah! Hell no!
    This isn't about pollution, it's about money.

    Here in South Florida, sale of water as a utility is a major source of revenue for municipalities. I know this because back in 2006, after a 1-2-3 punch from hurricanes Francis, Jeanne, and Wilma, the decision was made to drain Lake Okeechobee, which is a major part of our fresh water infrastructure.

    Oh, (big) brother.

    The draining preceded a drought, and severe water usage restrictions went into effect. I can't find the articles, but there were actually people driving around issuing citations for illegal water usage. Eventually, people got the idea and people like me just stopped watering their lawns altogether. This is about the time we started hearing about municipalities losing revenue because of the tight water restrictions. Well, geez, wouldn't you know it - they eased the restrictions, and then lifted them in the last year or two (not sure exactly when).

    Now, the lake is overfull again, and we're in a hurricane season that is experiencing heavy rain. At least they are looking for a better way to drain the lake without losing all the water, this time.
  10. BKR is offline
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    My dog is cuter and smarter than yours.

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    Posted On:
    7/30/2013 11:18am

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     Style: Kodokan Judo

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    Quote Originally Posted by tgace View Post
    It sounds like he's damming run-off to fill his reservoirs.....
    Yeah, it does. The question is though (one at least) is whether or not he has dammed actual streams, either permanent or intermittent, or just "rills" or low areas on his property. The 1925 law seems pretty vague and broad though...

    Seems a bit heavy handed by the Medford, but, the situation may be that the guy is actually blocking runoff from reaching the main drainage(s).
    Falling for Judo since 1980
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