Oregon Rancher Collects Rainwater on His Own Land. Then the Government Comes for Him With a $1,500 Charge: 'Can I Sue the State?'

An Oregon rancher’s attempt to store rainwater and snow runoff on his property ended in a lengthy legal battle, a $1,500 fine, and 30 days in jail.

Gary Harrington's case is drawing attention again after a TikTok video, shared by user @jakevsthestate, brought the dispute back into the spotlight.

Over this issue, a user commented, "If the rain water destroys my property, can I sue the State????"

Harrington maintained three reservoirs near Eagle Point, Oregon, to collect rainwater and snow runoff. He said the water was mainly intended to protect against wildfires and provide for wildlife. However, state officials argued that he needed water rights to store it.

According to Oregon Public Broadcasting, one of Harrington’s dams stood about 15 feet high.

His property lay within the Big Butte Creek watershed, where a 1925 state law restricted water use, except for the City of Medford and existing water rights.

Harrington applied for three water-storage permits through the Oregon Water Resources Department in 2002.

Although two applications were initially approved, the department later reconsidered its decision and denied all three.

Harrington challenged the decision, arguing that he should be allowed to use water that fell on his own property. The Oregon Court of Appeals rejected his challenge in 2007.

The dispute eventually led to criminal charges. In 2012, Harrington was convicted of nine misdemeanor violations connected to his reservoirs. A judge sentenced him to 30 days in jail and imposed a $1,500 fine.

However, Oregon does allow certain types of rainwater collection without a water-right permit. Rain collected from artificial surfaces, such as rooftops, can generally be stored in rain barrels or cisterns under state rules.

Harrington’s case was different because it involved three reservoirs and dams that collected runoff in a watershed subject to specific restrictions. His conviction did not mean that Oregon residents could automatically face jail time for collecting rain in a barrel.

The case resurfaced after TikTok user @jakevsthestate reviewed the case and shared a video about Harrington’s experience that received up to 1 million views, at the time of publication.

Many viewers questioned why collecting water on private property could lead to such serious consequences.

"Rain water is not gov owned?” one person wrote,

Another wondered, "So if it floods.. do we sue???"

Others expressed frustration over the situation.

A commenter declared, "America is sick!!!"

Although the viral discussion has focused on the idea of being fined for collecting rainwater, Harrington’s case involved a years-long legal dispute over reservoirs, water rights, and restrictions specific to the watershed.

More than a decade after his conviction, the case continues to raise questions about how far government rules can extend onto private property.