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"An elderly veteran who ran a business supplying water to fight forest fires was prosecuted by the federal government and sent to prison for digging ponds on his own property, one of his lawyers says.

Joe Robertson, a Navy veteran from Montana, was 78 when he was convicted and sentenced to 18 months in federal prison and ordered to pay $130,000 in restitution through deductions from his Social Security checks.

His crime?

Robertson, whose business supplied water trucks to Montana firefighters, dug a series of small ponds close to his home in 2013 and 2014. The site was a wooded area near a channel, a foot wide and a foot deep, with two to three garden hoses’ worth of flow, according to court documents.

The U.S. government prosecuted Robertson for digging in proximity to “navigable waters” without a permit, a violation of the Clean Water Act administered by the Environmental Protection Agency and the Army Corps of Engineers.

Here's the best part: the largest navigable body of water anywhere near the Robertson home is more than 40 miles away."

[conventionofstates.com]

BarbPeterson 5 Apr 1
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2 comments

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Faithfully executing a bad law used to be a good way to get rid of that law. We need to examine why that is no longer the case.

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Well, this so unimaginable that I can hardly believe it's true, but the Pacific Legal Foundation has petitioned the US Supreme Court regarding this matter. Rather than articles about it, I think it far better to read the petition to SCOTUS. Here it is: [pacificlegal.org]

Thank you for the link. In Oregon we had someone prosecuted for the pond he had on his property. Had it for years. Full of wildlife. He was jailed and the pond was drained. State officials will say to your face that all water is property of the state. I know because I confronted one at a meeting. My question then was .... what about snow damage or water damage to my road. Is the state responsible for that since it "owns" all of the water? No response.

It's a shame. These cases should be presented with as much documentation as possible. Honestly, they sound made up. Who can imagine such things? I seriously thought the incident you mentioned was probably made up. I had to read the SCOTUS petition to believe it. I half way want to check to see if it was filed--it's still so hard to brlieve. It doesn't really help that stories like this one are found only on conservative sites. Anyone, left or right, would be justifiably outraged at the way Mr. Robertson was treated. Everyone should post the court documents. They are far more persuasive to the general population and far more difficult to dismiss out of hand. Thank you for bringing it to my attention.

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