Is Rainwater Use Illegal In Your Area?

[Korey King]

The following areas have prohibited the harvesting and use of reclaimed rainwater, and you may be fined up to $100 for having any system of any size in use on your property (however, the materials themselves aren't illegal -- it's just against the law when it rains). This is what's commonly known as Batshit Crazy Capitalism -- in this case private corporations or municipalities lay claim to the rain itself, make it illegal for you to use it, and/or tax you to build more stormwater infrastructure so they may resell the rain.

some areas may provide Permits For You To Use Rainwater (for a fee). Check with your local rainwater racketeers for details.

Colorado: http://www.denverwater.org/cons_xerisca ... rLaws.html

Colorado Water Law requires that precipitation fall to the ground, run off and into the river of the watershed where it fell. Because rights to water are legally allocated in this state, an individual may not capture and use water to which he/she does not have a right.

Utah: http://www.naturalnews.com/024402.html (couldn't find official docs)

Many people are under the false impression (apparently) that they own the water that falls on their own land. Technically, it's even a violation of Utah state law for homeowners to collect rainwater in a barrel and use it to water plants. Although state officials admit that it is unlikely that they will target individuals, the law states that a valid water right is needed in order to divert rainwater.

Washington: http://www.mrsc.org/Subjects/Environmen ... #Rainwater

Much rainwater collection is already illegal or at least highly regulated in WA state. And in most areas with agriculture I would bet there are similar laws or some sort of legal protection for farmers to buy access to water for irrigation. But our state gov’t has said they will not prosecute home owners who are simply installing rain barrels for personal use, they are more interested in regulating commercial use.

it should be noted that these areas have rarely enforced (or have the resources to enforce) these asinine laws en masse -- but every once in awhile I've seen reports (usually TV or other mass media) of local crackdowns which may serve as cheap deterrents for widespread use of rainwater collection systems in these areas.

for a brief overview of the legal hoops jumped through to make this possible, see:
http://robinson-solutions.blogspot.com/ ... water.html

questions to ask your local legislators:

If I collect rainwater in a barrel that means I’d be stealing from the state. But what about my lawn and flower beds? They absorb some of the water before it runs off into the rain gutter, so is my lawn breaking the law? Do I need to put a big tarp over my house and direct all the rainwater into the gutter for fear of prosecution?

If the rain belongs to the State, it’s effectively the property of the State. In that case is the State liable for damages caused by their property such as water damage and flooding? If they’re not liable for damages caused by their property, is it right that they hold you liable for damages caused by your property?

You can't be serious. Are you fucking serious?

Thankfully, many sane state and local governments in the US encourage, or even require, rainwater harvesting. Tuscon, AZ, Santa Fe County, Bernalillo County and the city of Albuquerque in New Mexico are examples.

Good News for 2009 -- with the new year, some states are reconsidering their stances: http://www.rainwatercollecting.com/blog/?p=122

[ThinkingDuder]

I had no idea that such a law existed! Wtf does anyone expect to gain from making rainwater collecting illegal??
I'm glad I live where it is legal, although I haven't met a single person who ever collected rainwater in their life! The absurdity of the whole ordeal irritates me

[Michelle]

I had a friend in Aspen who was paid by the front-range agricultural industry to seed the clouds during the winter months. It was a real job- they would call him when a storm was on the way, he'd fire up the cloud seeder, and supposedly it would snow more on the mountains which provided the run-off in the spring. The legal history of water rights in Colorado is insane and complex, and the big farms helped write the laws to get most of the benefit. Southern California even has rights to the water in Colorado River.
Have you ever seen the movie Chinatown? Water is big business in the dry west.

[davidamartin]

Colorado water laws are a hurdle we must work through so that it will be legal to build functioning and sustainable earthships. I don't really know how feasible it is to hope for a change in arcane laws enabled and enforced by governing bodies who stand to reap huge financial gain from them, but raising awareness and encouraging DIY rainwater use is a completely moral and ethical avenue. I have been talking about it and writing about it in local articles and publicly posted poetry as well as including it in the novels-in-progress i'm working on. A lot can be done in our local areas through friendly conversation and linking it to hope of sustainable energy efficient housing free from any infrastructure. The water harvested and used eventually enters the watershed anyway, water is never lost, but it can be channeled to and through plants and humans locally first to sustain and generate more life.

http://earthshipblog.blogspot.com
http://cultivatingserenity.blogspot.com

[Adrisya Alok]

^^I was quite interested in the "Earthships for Gaza" piece on your blog. Are you aware of any work Reynolds or his disciples have done in adapting the Earthship model to urban areas and colder climates? We've been discussing homesteading the desert for a bit here, but I'm also curious about the synergy effect of having lots of Earthships strung together, instead of being standalone systems. I am of the belief that a number of remarkable and unpredictable effects would emerge.

[arvmehta]

So would a green roof be illegal as well ? After all a roof garden also stores water , wait a minute , even the lawn takes up some water . So maybe they should make us pay for every mm of rain that falls and percolates down into the ground in which case everyone will start hard paving every inch of ground !!
I believe the root of the law is

Health issue - we individuals are not considered responsible enough to be able to store water that doesn't become a breeding ground for mosquitoes
To maintain state control over a public resource

Yesterday I was watching a film by permaculturist Geoff Lawton and was pretty impressed by the way he uses swales to capture water and charge the water table . Would that constitute breaking the law because after all he manages to capture a huge amount of water ?

[johanna faust]

its because of oil shale development. i did a little digging: here's a quote from http://blogs.discovermagazine.com/80beats/2009/03/20/oil-cos-buy-rights-to-access-water-before-communities-farmers/

Oil Cos. Buy Rights to Access Water Before Communities & Farmers

In preparation for future oil shale mining projects near the Rocky Mountains, six oil companies have gained rights to billions of gallons of water in the American West, potentially jeopardizing water supplies throughout the region, according to a new report by Western Resource Advocates http://www.westernresourceadvocates.org/land/wotrreport/wotrreport.pdf, an environmental group. It is still preliminary to speculate on the implications of the findings, but many are concerned that if the companies put their rights to use, water will be shifted away from agriculture and community use.

hope i used the tags right - new at this -- keep up the great work ...

[Neurascenic]

Colorado law has changed some
it is a work in progress, however much better than before
http://www.thedenverchannel.com/news/19 ... etail.html

There is another that was passed prior to this that eased some restrictions too, but I don't recall where to find it.

Chris L.