Harrington Conviction and Sentence Judgment Addresses 11 Years of Illegal Water Use
Oregon Water Resources Dept. Press Release
On Wednesday July 11, 2012, a Jackson County Circuit Court Jury convicted Eagle Point resident Gary
A. Harrington on nine counts, each related to the unauthorized use of water. Under Oregon law, all water is
publicly owned, and those who wish to use it for their own purposes must obtain a water right permit issued
by the Oregon Water Resources Department (OWRD). State law grants various exceptions to this requirement,
including an exception for collecting precipitation water that gathers on an artificial impervious surface, such
as a rooftop or parking lot; in rain barrels, for example.
Harrington stored and used water illegally by placing dams across channels on his property and
preventing the flow of water out of these artificial reservoirs without obtaining a water right permit. The
height of each dam varies; two dams stand about ten feet tall and the third stands about 20 feet tall. The total
amount of water collected behind these dams totals about 40 acre feet; enough to fill almost 20 Olympic‐sized
swimming pools. These man‐made reservoirs feature boat docks, boats, and were stocked by Harrington with
trout and Bluegill for recreational fishing.