Where an excess of power prevails, property of no sort is duly respected.
No man is safe in his opinions, his person, his faculties, or his possessions.  
-James Madison 1792

Quick Bullet Points of Gary's case:

Oregon laws specifies land owners can not divert or damn up tributaries/streams/rivers.
It says nothing about rainwater.  Gary only collected rainwater/snow melt.

During his trial the jury was not allowed to hear Gary's evidence as the judge said it "may prejudice the jury."

In 1973 Gary was told by the Watermaster he could not get a permit to store winter runoff/rainwater because 
the source of water was not included in the rule of appropriation. (e.g. The law did not apply to him)

In 2002 Gary was erroneously told he was in violation and needed a permit by the Watermaster.

2002-2003 Gary paid over $10,000 for engineering and upgrades and permit fees permits were issued (he has 3 ponds) on 170 acres.

Later in 2003 the Watermaster withdrew the permit citing he could not have the permit as the water 
rights had been previously (in 1925) been granted exclusively to the city of Medford Oregon.

53 other pond owners in the Big Butte Watershed area of Jackson County Oregon were granted permits.