This Veteran, Who Supplied Water to Firefighters, Went to Prison for Digging Ponds

 
 

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.

Tony Francois, a senior attorney with Pacific Legal Foundation, a nonprofit, public interest law firm specializing in property rights, described the events leading up to Robertson’s prosecution during a panel discussion Monday at The Heritage Foundation.

Also on the panel was Kevin …read more