Colorado makes it legal for homeowners to harvest rainwater

Residents of some Western states are considered water thieves if they install rain catchment systems.

Photo credit: wonderferret/Flickr
 
In the eyes of the law, Karl Hanzel was a water thief. Colorado homeowners who captured and stored water that fell onto their own roofs were considered to be stealing because that water technically belonged to the owners of streams and aquifers beneath the homeowners’ properties.  If caught, they faced fines up to $500 a day.
 
Luckily for Hanzel and other homeowners, a change in Colorado law legalizes this kind of water collection. But homeowners in other states who just want to use less tap water still face legal barriers.
 
In the Southwest, one of the fastest growing regions in the country, water is a precious commodity – one that people are willing to fight over. Water laws, which were created in the 1800s, give those who were first in line for water rights precedence over the rest of the population. 
 
"I struggle to understand the argument for these laws. It doesn't really make sense to me," says Hanzel. "The water that I'm detaining here, I'm not exporting it to Mars … We have a leach field; we water the garden; that water is still returned to the earth … We're just holding some of it for awhile."
 
Tim Pope, owner of Northwest Water Source and president of the American Rainwater Catchment Systems Association, is still in violation of the law. As a Washington state resident, it isn’t likely he’ll be legally allowed to collect rainwater any time soon. Recent efforts to get minor exceptions to the ban on rainwater harvesting in Washington and Utah failed.
 
Pope believes it’s time that water laws were updated.
 
"It needs to be based on need — it needs to be based on proper use of water. We don't need to be using drinking water to wash cars and water lawns and gardens and flush toilets," he says.
 
Also on MNN: 
2009 legislation: Hits and misses from the Colorado legislature
 


Comments(35)

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Drop in reserve water levels

Rainwater harvesting can help reduce the stress on the water distribution system. This is important as fresh water reserve levels have depleted drastically over the past few years. If you go to http://bit.ly/B461Y you can see how much the reserve water levels have dropped since 2006. This site also gives valuable information on how to save water, a water meter calculator that can help determine the water you need for your garden.... More



Watercrimes

Glad I'm an enslaved social democratic Canadian, and not a "Free" American! Do you guys have to pay to spit in the woods too?



yeah

we probably do have to pay to spit in the woods. I haven't been to a doctor in 7 years... i can't afford it. we're not all greedy selfish pigs. a lot of americans hate our policies and the way our government treats it's citizens and the rest of the world. If i were to go backpack in Europe i would tell people i was Canadian. not very proud to be an american right now. at least that piece if **** is finally out of office. god i hate republicans. greedy ********.



Colorada makes it legal for homeowners to harvest rainwater.

Lawns are functional. Besides preventing erosion, like all vegetation, grass makes oxygen. Field grass lawns are part an important part of our area's eco system, clover feeds bees, for example. Laws to prevent water polution make sense but owning a water resource, whether it's a river, a lake or an ocean shouldn't be possible. To claim ownership of the rain is as silly as claiming ownership of the air. I know, that's probably coming, too. A breathing tax.



Are you sure about Washington?

I'd heard about Colorado's laws against harvesting rainwater, but I live in WA and have never heard that it's illegal here. In fact our county website has a whole section on how to do it and where to get the rain barrels - .... More



NEW REGUALATIONS ARE OVERDUE

Just plain nuts that the person who's property the rain falls on first doesn't get an allotment of water they are permitted cache each year, before allowing it to flow down stream to other legitimate users. Time for everyone to agree the regulations where overkill to remedy a problem years ago. The descendants of the original thieves have already paid for those sins long enough. Everyone has to be required to use water wisely.



Water is Free....

If rain water hasn't hit the ground, it belongs to no man. Catching rain water isn't illegal, never has been...never will be. What's illegal is man claiming ownership of a natural resource that belongs to all living things.
If using water that's "owned", is illegal, than every animal that drinks it is subject to a fine as well.....and the plants?



Totally agree...

It's rain water!!! How can a single entity or organization lay claim to water falling from the sky? Guess kids can't catch rain drops in their mouths anymore...

... ******* ridiculous.



Quantum of Solace

That's the plot of the latest James Bond thriller, although it takes place in the Bolivian desert. People thought it was about oil- they were wrong- it's about water.
Still, I think it's ridiculous that a person could be fined for capturing the rain water that happened to fall on one's roof. That person wouldn't need to buy as much water from a central authority....oh...now I get it...



Wow.

I just put up my first rain barrel: I'm amazed at how much less house-water I use for the garden now. I can't imagine this kind of project being illegal. Thanks for the article!



The Cattle Days

Water, it seems, has always been a resource. When you look to buy land, you often look to see if it has water...don't you? Water rights stem from the days when settlements might be threatened by an upstream competitor.

Rainwater catchment should be any property owner's rights...and responsibility...meaning don't pollute it...but if used in garden applications, I think it is an intelligent solution to implement.



anonymity

seriously get over yourselves. you all are a bunch of tools. why don't you read the npr article instead of just the excerpts published here on mnn? by the way, i have to wonder if mnn really has the rights to publish excerpts from another journal (npr). i guess they don't really care since they are advocating stealing rainwater in the first place.



Is this for real???

Man alive!!! I understand that US takes pride on being a law respecting society... but come on... this is crazy... I guess that only in america huh???



machine gunners defend private lake in NY

Suez Water Corp buys a lake in NY and hires goons with machine guns to protect it from...dogs! and joggers! Private Global Bigwater is nasty business and America has no business selling it's water to overseas corporations in a time of National Security.



not accurate

This new law does not apply to every one, you still require a well permit to harvest rain water. This story has been inaccurately told over and over. How about before 'reporting' you do some investigating.



Let's be sensible

This is a stupid law. However it is not as simple as totally throwing it out. Water is going to get very valuable soon. A law saying if it falls on your land creates a dangerous situation. It will lead to corporate entities buying land solely to stockpile water that should be going into the ground and rivers. I don't like the idea of not being allowed to collect water but I also don't like the growing plans for massive water farms that mess with water tables and dry out rivers.



for water is gods gift

my comment of "love your support" was a reply to the gods gift comment.fishpus doesn't know this stupid law the gov. enforces was bought and paid for by the ranchers and farmers that are his neighbors.



geeze really?

coming from the city in NY, I can't fully understand the water wars but I must say it's a tad bit ridiculous to claim water, something from nature that falls from the sky, even before it hits the ground. Will these people soon fine planes that fly through the harvesting clouds that provide the water? The earth is spiraling down, cant we all just cooperate? and i agree with the person above who says they should accept responsibility for the damages done to land by the rivers



Surprising

I must admit I never had even considered there could be laws on rainwater and who can use the water falling on their lands. It does explain though why the whole green wave goes so slowly in some places when logic is defeated by absurd laws. Collecting rainwater to reduce the use of drinking water is a logical choice and ought to be mandatory and something you had to do by law. As said, it's returned to the ground again, while saving on a very precious resource, drinking water.



And we wonder

And some folks wonder where science fiction writers and movie makers get their material!



and so it begins...

The water wars have already begun. Check out this documentary. It's chilling. http://www.bluegold-worldwaterwars.com/



Water is Gods gift

Governments are the source of all problems. They are greedy, destructive, selfish, thoughtless, uncaring, megalomaniacal bleeps. Sometimes I think we would be better off without government. They all suck the juice of anything they can get whilst dropping their turds on our heads. Apart from the Aquaducts and feral education system, they're just fine. What aquaducts? do I hear you say. Yeah, we pay for desalination plants when all we have to do is stop wasting water on something as necessary.... More



love your support

Yes, big government is the problem...not the companies that own the government.Just recently we were going to maximize profit by strip mining your farm,enslaving your family and auctioning off the organs of the ones that wouldn't work at the new super methlab to be built on the rubble...but the damn governments got laws and a military against that.With your help we can stop the democratic process that stands between the free market and you being eaten alive...cause the market's hungry.seriously.... More



LAWNS DO SERVE A PUROPSE

Lawns do prevent erosion, and help keep Summer time temperatures in check, the begin the list. But that's not to say some are insane over their lawns



Nonsense Law

Nobody owns water...especially if it comes from a rain! DUH!



completely mental

i live on the big island of hawaii, and i'd estimate that about 50-75% of the households on this island rely almost completely on catchment systetms for their water. the idea that collecting rain water could possibly be illegal or that the runoff is owned by the owners of the stream water is ludicrous! where were these laws when the desert cities in the southwest were diverting the colorado river to such an extent that it stopped flowing to the sea completely? when will humans learn?



Driest State in the U.S.

In Las Vegas, one of the driest places in Earth, the water authority has just made it illegal to use gray water. Insanity.



Outrageous!

What a nonsensical law! It's crazy to imagine that someone else would have ownership of the rain & rainwater! Perhaps people who lose their homes & property in floods can seek compensation from those who claim to own the rights to the water. It's *their* water doing the damage, yes?



Awesome

Possibly the best comment I have ever read anywhere. Thank you.



I agree

If they are going to claim the water they should be held accountable for the damage their over flowing rivers cause.



Re: "I agree" Sat, Jun 06 2009

damge their overflowing rivers cause ?

i do not understand how one hillbilly collecting rainwater could be blamed for causing local rivers to overflow?

if anything, wouldn't collecting rainwater help the local rivers?



hillbilly comment

What's up with the guy and the insults?



catching rain water

The government and appointed law makers think only for the business end of whom ever gives the most money. The government is big business. It is time to take back our rights. It is only getting worse. We have let this go on too long.



The fight for water

The fight for water has begun.

Thank you for reporting (about) this.



Colorada makes it legal for homeowners to harvest rainwater.

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