You, rainwater harvesting and the law
by Michael Smith (Veshengro)
While in most places collecting rainwater runoff from your roofs is legal and, like in Britain where it is becoming even a requirement to have rainwater capture when building a new properly, which are then part, often, of the grey water system for the house, in some states in the Union it is illegal. So beware.
A rain barrel or two may seem like the perfect solution for watering the garden without waste and without adding to your water bill. But before you build your rainwater harvesting system, though, you might want to make sure that it is legal to do so where you live. There are three states that say the water that falls from the sky belongs to them, not to just anyone.
One of those is Utah, the Mormon State – who would have thought.
Homeowners who want to use rainwater in Utah have to purchase a water right through the state, but Utah Senator Scott Jenkins wants to change all that. He is planning to sponsor a bill that would allow residents to collect up to 2500 gallons of water in their home systems.
As in the other two states where rain barrels are against the law, the Utah law is rarely enforced.
The next one if Colorado where rain barrels are illegal.
Below an extract from the EPA handbook on rainwater harvesting:
Colorado law, for instance has assumed that all rainfall eventually reaches groundwater or surface waters and is therefore appropriated. In the dry regions of the state, however, a study has found that the majority of rainfall on undeveloped lands is lost to evaporation and transpiration and only a small fraction actually reaches surface waters.
The law is a pretty vague as far as penalties, and the state rarely enforces it. The Colorado water laws strikes me as especially fishy, because they seem to love giving water away for free to private interests. According to the Wall Street Journal, this includes:
Oil companies, ski resorts, fire districts and breweries. The international food conglomerate Nestlé has applied for a permit to draw water from a Colorado aquifer and sell it in plastic bottles under its Arrowhead brand.
But it is technically illegal for state residents to collect a barrel or two to water their gardens and residents are breaking the law by setting up a simple rain barrel. There is, obviously, one rule for the ordinary folks and then there is one for those companies. Money sure is changing hands there somewhere.
The third state in this collection, so far, is Washington, where is is illegal to have a large rainwater harvesting setup. It is, however, legal in Seattle.
The City of Seattle obtained a citywide water-right permit to ensure the legality of water harvesting efforts.
For residents in the rest of the state, however, it remains illegal to have a rainwater harvesting setup.
Washington state's Department of Ecology claims the reasoning behind this is that catching the water before it hits the ground robs water rights holders. They call it “impairment.” What water rights?
The Department of Ecology does clarify that “a traditional residential rain barrel” is legal in the state of Washington, but larger cisterns require a special permit.
It seems that rainwater harvesting laws can vary by municipality in other places, too. So, before you go and get those rain barrels and connect them up to get all that nice free water for your garden and to wash the car and the bikes check whether it is allowed where you live? You could be breaking the law if you install any kind of rainwater harvesting system. In some places even a simple barrel is against the law.
While rainwater harvesting is legal and even a nigh on requirement, and it in fact will be a full requirement soon, so I understand, in Britain, and it also seems to be legal in most if not all of the European Union, in the United States, however, you better check with the authorities before you think of harvesting rainwater for you may be committing a serious felony.
Stupid, I know, but...
© 2009
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Who Owns the Rain?
