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Firefighters urge Water Commission to keep illegal pond Jon Carey worries that he will need to empty his pond on his properly near Butte Falls because water officials say it is against state regulations. Mail Tribune / Jamie Lusch Wednesday Dec 21, 2016 at 7:27 PM Dec 21, 2016 at 7:29 PM Damian Mann Mail Tribune @reporterdm A rural Butte Falls couple in danger of losing their two-acre pond gave an impassioned plea to the Medford Water Commission Wednesday and received support from firefighting agencies that need the water for wildfires. "Forgive the tears, this is a very difficult situation for me," said Sabrina Carey, who spoke with her husband, Jon. "I'm terrified right now." The commission didn't take action on the Careys' request but agreed to determine what legal avenues could be explored to retain the pond as a municipal water source as long as it isn't used for domestic use by the Careys. The Careys have pleaded with the Water Commission to adopt the pond and treat it as a municipal water source so they won't be forced to destroy it. Jackson County Watermaster Larry Menteer has opposed the idea because of the precedent it would set, the Water Commission board learned last week.  The Water Commission has rights to the watershed around the Careys' property, where dozens, if not hundreds, of ponds are located, as well as Medford's primary source of water, Big Butte Springs. A letter from the Oregon Department of Forestry on Dec. 2 to the Water Commission supported retaining the reservoir to help suppress wildfires and provide enough water for a multiday operation. "I would like to urge the Medford Water Commission to consider keeping the reservoir in place at its current capacity for the purpose of providing a long-term water source for wildland firefighting," wrote Neal Laugle, state aviation manager for ODF. Without the water, Laugle said it could increase the length of a wildfire fight and could lead to more destructive wildfires. Jackson County Fire District 3 sent a letter Nov. 29 encouraging the commission to maintain or develop rural water supplies for firefighting. Without the rural water sources, firefighters would have to truck in water, the letter stated. The board waded cautiously into the Carey pond issue because of the precedent it might set for other pond owners in the Big Butte Springs watershed. "Personally, I cannot foresee us selling a water right that the commission owns," said Commission Chairman Leigh Johnson. But he said the commission would do its due diligence to see what options it has. Water Commission attorney Lori Cooper said she couldn't find a legal precedent for providing a permit for a pond. But granting a permit for the Careys could attract more property owners applying to the commission with the same issue, she said. "It will get harder and harder and harder to deny the next request," she said. Commission board members recalled a previous pond controversy in 2014 when Gary Harrington ran afoul of state laws and was forced to destroy the head gates and outlets for his ponds off Crowfoot Road that state court cases have ruled were part of illegal dams. For more than a decade, Harrington said his ponds were the result of simply capturing rainwater on his property. A 1925 state law dictates that the water belongs to the Medford Water Commission. Also, the dams were built without permits, and the water impounded without any water rights. Harrington spent 90 days in jail for appropriating water without a permit. The Jackson County Watermaster's Office informed Carey and her husband, Jon, in February that they don't have any water rights to the pond that was built 40 years ago. The couple bought the property off Butte Falls Highway in 2014 and county records showed the pond on the property. When Jon Carey decided to grow medical cannabis, he needed to prove that he had a viable water source. At that point, the Careys say the Watermaster's Office told them the pond violated state regulations, and the previous owners hadn't received a permit. The Careys want the Water Commission to provide them with a permit for municipal storage so that the water could be used for emergency firefighting, wildlife habitat and as an additional source for municipal needs. They propose that they won't use the water for their own purposes but want to retain the pond rather than seeing it removed, which would significantly devalue their property. "I implore you," Sabrina Carey said. "I am not Gary Harrington." Carey said she has tried to be cooperative with the various agencies involved in the pond issue and has answered all their questions. She said she was just trying to follow the rules, but pointed out there are hundreds of other ponds in the area that may not be registered by the state. All she wants to do is keep the pond for wildlife, fire suppression and for any purpose specified by the Medford Water Commisison. "We're willing to not ever touch the water," her husband, Jon, said. But without the pond, the property would lose considerable value, the couple fear. As it is, the Careys truck in water because their well failed two years ago. Reach reporter Damian Mann at 541-776-4476 or [email protected]. Follow him on www.twitter.com/reporterdm.