http://www.owrb.ok.gov/util/faq.php
Surface water in Oklahoma is considered to be publicly owned and available to anyone who can demonstrate a need to use the water for a beneficial purpose and can show a right to access the water's source. As the state's designated steward of Oklahoma's water resources, the OWRB regulates water use to preserve supplies for future users. Because you own the land upon which your pond is located, you have access to the water and are entitled to use it without a permit for domestic purposes, such as watering livestock up to the normal grazing capacity of your land. However, if you use the water for specified agricultural, municipal, industrial, or related purposes, Oklahoma law requires that you obtain a permit from the OWRB.
But I got to give it to him, he has some brass for pointing a gun at a blackhawk.
Surface water in Oklahoma is considered to be publicly owned and available to anyone who can demonstrate a need to use the water for a beneficial purpose and can show a right to access the water's source. As the state's designated steward of Oklahoma's water resources, the OWRB regulates water use to preserve supplies for future users. Because you own the land upon which your pond is located, you have access to the water and are entitled to use it without a permit for domestic purposes, such as watering livestock up to the normal grazing capacity of your land. However, if you use the water for specified agricultural, municipal, industrial, or related purposes, Oklahoma law requires that you obtain a permit from the OWRB.
But I got to give it to him, he has some brass for pointing a gun at a blackhawk.
Where did the water come from? Did he purchase it? Is he paying taxes to obtain it for free? Did it all fall directly from the clouds into his pond? NO to all these questions. Its not "his" by any legal standard I don't think.
Conversely his downstream neighbor could pose the fact that his daming of a channel actually was an act of steeling water from those downstream. This argument is being made right now over Sardis lake and the Choctaw nation claiming ownership of the water.
I'm not a legal expert by any means but this is how I see it. Also, his guy needs to be punished for pointing a firearm at the Heli. and I expect he will.
Conversely his downstream neighbor could pose the fact that his daming of a channel actually was an act of steeling water from those downstream. This argument is being made right now over Sardis lake and the Choctaw nation claiming ownership of the water.
I'm not a legal expert by any means but this is how I see it. Also, his guy needs to be punished for pointing a firearm at the Heli. and I expect he will.
That's a tough question. Sure it is his property, and I can't blame him for being upset. On, the other hand, if you were walking down the street and saw a guy on fire and there happened to be a bucket of water in someone's yard near by would you not grab the bucket to put out the guy on fire? Eventually it will rain again and his pond will be replenished. Does that make the situation any better? No. But when it comes to possibly saving lives and definitely saving property it is a situation where you are just going to have to ask for forgiveness later on rather than permission now. For the record, that is my unit. No one fired on them.
A buddy of mine has some land down near Ardmore, when he bought it he was told that the 3 ponds on the land were state owned. The state had built them back in the 30's or something. Supposedly OK did this all over the place to help farmers during the dust bowl or something. He has the right to use them however he wants but it was made very clear to him that the state had ultimate control over them.
Maybe that's what is going on there...
Maybe that's what is going on there...
If the guy has livestock to water I can see why he was upset.
But the right way to handle it would have been to file a claim for damages incurred, not point a weapon at firefighters. (assuming he actually did that of course)
But the right way to handle it would have been to file a claim for damages incurred, not point a weapon at firefighters. (assuming he actually did that of course)
This ...
and this ...
I'm not saying I'd like it but I wouldn't squabble over pond water in a situation like this ... The way I look at it is if the wildfires got to my place, having water for my livestock to drink would be the least of my worries ... Obviously, OMMV ...
Oh ... and just for the record, I think imminent domain laws suck ...
and this ...
I'm not saying I'd like it but I wouldn't squabble over pond water in a situation like this ... The way I look at it is if the wildfires got to my place, having water for my livestock to drink would be the least of my worries ... Obviously, OMMV ...
Oh ... and just for the record, I think imminent domain laws suck ...
I wonder if anyone ever thought to ASK the owner if they could use water from his pond. I'd bet a dollar to a dog turd if they had it would have been an entirely different outcome. I know from my own perspective, if you need it, I'll likely give it to you (whatever IT is). If you try to take it from me you won't like the response.
Just food for thought.
Just food for thought.
I would be a little put out if I were the property owner, but I understand the need for the "greater good" and would support the effort by letting them use "my" water. The "Oklahoma Standard," as it comes to neighbors, as it were.
As far as legal recourse goes, if I were THAT upset, and I found out I had some sort of legal recourse, I would take it to the courts, not into my own hands with a weapon (assuming the reporting is accurate). Really stupid move on his part.
As far as legal recourse goes, if I were THAT upset, and I found out I had some sort of legal recourse, I would take it to the courts, not into my own hands with a weapon (assuming the reporting is accurate). Really stupid move on his part.
I haven't seen any video of it, but when I first heard of it on local radio news early this morning my first thought was "not a rifle, but a shotgun; it's dove season, and he was probably hunting that pond and either the Blackhawk pissed him off or he was just pointing the gun at it".
