Collecting Rain Water Runoff Legal or Not

[hawgrider]

The following is for informational purposes only. The advice and opinions are just that, and in no way should be seen as conclusive. Laws and regulations are continually changing, and it is up to you to stay informed as much as possible on your local and state laws as well as any applicable federal laws.

Currently Colorado prohibits the collection of water runoff, except in certain cases where permission is granted, and how you get permission is still a mystery. Otherwise you cannot collect rainwater runoff even in small amounts for personal use.

Nevada has some very vague language in their regulations that leads many, if not most, to believe it is illegal.

A spokesperson for the Nevada Department of Conservation and Natural Resources states however, that water collection is subject to existing water rights per NRS 533.030. The interpretation is that you cannot collect water in rain barrels without the benefit of a “water right”. However, the spokesperson goes on to say that the Division of Water Resources does not police nor will they police rain barrels. You have to decide what this means if you live in Nevada (Robison, 2015).

Some states like Minnesota have restrictions on the amounts,
http://prepforshtf.com/collecting-rain-water-runoff-legal-or-not/#.VfHFypc71ME

[Arklatex]

Never heard of this. Is there any reason why collecting rainwater is illegal in those places? Makes no sense to me.

[Tks]

There have been many stories over the last few years where the epa has gone after small property owners for collecting rain water. There is a farmer right now who built a drinking pond (that filled over time with rainwater) for his cows, after going through all the proper paperwork and getting approval, who is fighting millions of dollars in fines because he didn't get rid of it in a ridiculously short period of time the epa gave him.

[dsdmmat]

I think a guy in Oregon went to jail for collecting rain water too.

[MI.oldguy]

I think a guy in Oregon went to jail for collecting rain water too.

Washington state also,Seattle if I remember right.where we used to live in Pierce county (Tacoma Wa.)collecting rainwater was deemed legal just a while back.

[Inor]

Washington state also,Seattle if I remember right.where we used to live in Pierce county (Tacoma Wa.)collecting rainwater was deemed legal just a while back.

Yes, because everybody knows Seattle has a serious shortage of water. What is it, less than 100 inches of rain per year is considered drought in Seattle?

[Slippy]

Another liberal foolish socialistic law from an overreaching government.
Message to the socialists in government;
Molon Labe my rainwater catchment you socialist sumbitches.

1686

[MI.oldguy]

Yes, because everybody knows Seattle has a serious shortage of water. What is it, less than 100 inches of rain per year is considered drought in Seattle?

Yep,thats the way it used to be.not much now.supposed to be at least three feet per year between november and june some places get less than two inches per.

https://rainbank.info/what-is-seattles-position-on-rainwater-collection/

looks like a flippin professional has to set it up for potable.betcha its a lot of$$$$$.those a-holes in King county would probably want the same for irragation.

[Sparkyprep]

I still like PaulS's idea. If rainwater belongs to the State, by their declaration, then they are responsible for it. The next time flooding rains come to these people, and their homes, crops, livestock, or lives are destroyed or damaged by it, they should sue the State. If it is the State's property, then they are responsible for it, in every way, by existing law.

[Auntie]

I live in Colorado, that is why I would never have anything set up to collect rainwater. Apparently it is equivalent to stealing in the eyes of the Colorado government. I do however, let the water run into a pretty flower box that I have then it runs through that onto the ground. I have the planter box about 4' off the ground so that I can see the pretty flowers out my window.

[Arklatex]

Still waiting on an answer. How can harvesting rain be a crime???

[Auntie]

Since our well dried up and our community has water brought in and goes through pipes to our home we are not eligible to collect rain water.

http://www.ext.colostate.edu/sam/rainwaterbills.pdf

Colorado water law declares that the state of Colorado claims the right to all moisture in the
atmosphere that falls within its borders and that “said moisture is declared to be the property of
the people of this state, dedicated to their use pursuant” to the Colorado constitution. According
to the constitution, water must be appropriated according to priority of appropriation. As a
result, in much of the state, it is illegal to divert rainwater falling on your property expressly for a
certain use unless you have a very old water right or during occasional periods when there is a
surplus of water in the river system. This is especially true in the urban, suburban, and rural
areas along the Front Range. This system of water allocation plays an important role in
protecting the owners of senior water rights that are entitled to appropriate the full amount of
their decreed water right, particularly when there is not enough to satisfy them and parties
whose water right is junior to them.
New Law Allowing Rainwater Collection in Colorado
Senate Bill 09-080, which was passed by the General Assembly and signed by the Governor
during the 2009 legislative session, allows limited collection and use of precipitation for
landowners, only if:
1. The property on which the collection takes place is residential property, and
2. The landowner uses a well, or is legally entitled to a well, for the water supply, and
3. The well is permitted for domestic uses according to Section 37-92-602, C.R.S.,
(generally, this means the permit number will be five or six digits with no “-F” suffix at the
end), and
4. There is no water supply available in the area from a municipality or water district, and
5. The rainwater is collected only from the roof, and
6. The water is used only for those uses that are allowed by, and identified on, the well
permit.
If you do not meet, at a minimum, ALL of the above criteria, then the change in the law does not
affect you and the current restrictions on collecting rainwater still apply. The new law becomes
effective July 1, 2009. The Division of Water Resources will provide forms and additional
guidance for those who plan to collect precipitation from their rooftops as soon as they can be
developed. Until then, if you have questions, they may be answered below. If your question is
not answered below, please submit your questions to the “e-mail questions” link at the bottom of
our home page and we will address your question as soon as possible.
Frequently Asked Questions
Question: I have checked my valid well permit and it states that the use of my well is limited to
household uses. Can I collect rainwater and snowmelt from my roof and use it to water a very
small vegetable garden in the backyard or in a greenhouse? How about for my hot tub?
Answer: No, water for a vegetable garden outside the home or in the greenhouse is not an
ordinary household use and it consumes the water in a way that is inconsistent with the
permitting statutes. The use of the precipitation in this case is limited to drinking and sanitary
uses inside the home. This same answer applies to using the water for a hot tub, it is not
allowed in this permitting situation.

http://www.naturalnews.com/029286_rainwater_collection_water.html

... As bizarre as it sounds, laws restricting property owners from "diverting" water that falls on their own homes and land have been on the books for quite some time in many Western states. Only recently, as droughts and renewed interest in water conservation methods have become more common, have individuals and business owners started butting heads with law enforcement over the practice of collecting rainwater for personal use....

http://water.state.co.us/DWRIPub/Documents/DWR_RainwaterFlyer.pdf

[TJC44]

O.K., maybe this is a stupid question, but I'll ask anyway....
What happens to the water that flows out of the state?
Do they "extradite" it back?
Or water that "immigrates?"

[dsdmmat]

O.K., maybe this is a stupid question, but I'll ask anyway....
What happens to the water that flows out of the state?
Do they "extradite" it back?
Or water that "immigrates?"

it has to change it's driver's license with in 90 days or it becomes illegal.

[mhans]

Still waiting on an answer. How can harvesting rain be a crime???

There is no sane answer why collecting rain water is illegal... Knowing the gubmint, its because they said so...

[Montana Rancher]

Ok newbs to actual water right laws I'll dumb it down for you

Lets say you buy some property with a creek on it and it flows all year long, but as the summer progresses the flow drops off from 100% down to 50% and in the fall is only 20%.

So let us say that 3 people want to irrigate from that stream, and the first person that uses the water is using 200 gallons of water per minute. A few years later another person shows up and draws out 100 GMP, and in this story the third person shows up and draws up another 100 GMP.

Under most state laws the "first" water right was there FIRST and they get their total 200 GPM no matter what, the 2nd water user will get up to 100 GPM if there is anything over or not used by the first, the 3rd water right user will get anything the first and second are not using, and it goes down the line.

My Water right is #17 down the list, which means that after the snow quits melting I am out of water.

Most of this Bullshit posts about capturing rainwater is about some person that built damns across steams that affected water rights downstream.

Just because you own property where a water source originates, or flows across your property does not give you the right to use that water!!!!!!!! Freeekin!!!!!!

Unless I was unclear !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

So step back a bit

I seriously bout the DNRC is going to come to your house for a rain barrel, but if you decide to put in a damn I will be there with them saying WTF?

[Inor]

Thanks Rancher. That clears it up pretty good.

[Mister Mills]

If rainwater belongs to the state, then we are lost, because we are right back to having kings. That is tantamount to the King of England and all the other royals, claiming all game as theirs. Never heard of that? It happened and it was one of the reasons that people left Europe and came here. Everyday life became an onerous Hell because of the royals.
Here is a section of Blackstone's Commentaries On The Laws Of England:
"THERE still remains another species of prerogative property, founded upon a very different principle from any that have been mentioned before;the property of such animals ferae naturae, as are known by the denomination of game, with the right of pursuing, taking, and destroying them: which is vested in the king alone, and from him derived to such of his subjects as have received the grants of a chase, a park, a free warren, or free fishery."

That means that the king claimed ownership of all game and fish, and he could bestow rights on whoever he pleased. But anyone without those rights was considered a poacher. We are getting to that in America.

http://lonang.com/library/reference/blackstone-commentaries-law-england/bla-227/

[Montana Rancher]

If rainwater belongs to the state, then we are lost, because we are right back to having kings. That is tantamount to the King of England and all the other royals, claiming all game as theirs. Never heard of that? It happened and it was one of the reasons that people left Europe and came here. Everyday life became an onerous Hell because of the royals.
Here is a section of Blackstone's Commentaries On The Laws Of England:
"THERE still remains another species of prerogative property, founded upon a very different principle from any that have been mentioned before;the property of such animals ferae naturae, as are known by the denomination of game, with the right of pursuing, taking, and destroying them: which is vested in the king alone, and from him derived to such of his subjects as have received the grants of a chase, a park, a free warren, or free fishery."

That means that the king claimed ownership of all game and fish, and he could bestow rights on whoever he pleased. But anyone without those rights was considered a poacher. We are getting to that in America.

http://lonang.com/library/reference/blackstone-commentaries-law-england/bla-227/

Thanks for making my point, the current water rights system is just.