Colorado makes it legal for homeowners to harvest rainwater

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

By Stephanie RogersWed, Jun 03 2009 at 10:50 AM EST
 59

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
 
 
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anonymous
saartje 02/04/2011 06:38 AM

We live in Belgium and here every new or renovated house is obliged to have a rainwater well! You get fined if you build or renovate a house without one! I think that makes a lot more sense than fining people for collecting rain water. Small side note: while you are required to have the well,you are not required to use the water you collect. So a lot of people have a well, but no taps connected to it... (A sensible person uses this water for washing laundry and dishes, rinsing vegetables,.... More

anonymous
timmy 01/10/2011 13:13 PM

This is such ludicrous. Ownership of RAIN?!?!?! You've got to be kidding me. Next thing you know people who breathe too much will be taxed because the air belongs to the private airline companies. God, people can't just let something go unclaimed, everything has to be property.

anonymous
RENEE SERRANO 10/23/2010 20:42 PM

WTF people this is plain WRONG. They tried this in some south american country (see the movie 'the corporation') and those people put up one hell of a fight and stopped them from claiming ownership of water in la la land. We need to stop these freaking crazy greedy people and corporations and gov't from dictating to us inalienable access to the blessings of this earth like duh...water that comes from teh sky. When will this crap end????????????

anonymous
me 10/14/2010 21:18 PM

First it was income tax to pay for a war that was supposed to be stopped which hasn't. Next it was a tax on everything else, now its WATER THAT they say we can't have, now its HEALTHCARE they say we MUST HAVE even if we are healthy and haven't been to a hospital sense birth.

A police state is forming like in Europe. This is bullcrap, Government keep your fingers out of my cookie jar.

anonymous
Anon 01/15/2011 20:45 PM

There's a stark contrast between the American police state and the European Union.. One is for the people in power, the other is for the people

anonymous
Anon 01/15/2011 20:45 PM

There's a stark contrast between the American police state and the European Union.. One is for the people in power, the other is for the people

anonymous
Keith 10/09/2010 15:03 PM

I thought harvesting rainwater was highly encouraged.

anonymous
Stan 10/06/2010 10:20 AM

Legally then any retention and detention ( storage)of water in any form,for any length of time, in any container or on any surface could be classified as theft. Shoveling your driveway in the winter and piling it on the side is theft!? you are stockpiling water.
Having a garden and grass and tree on your property is stealing water then yes or no? Camping and hiking would have to be banned because you could not be legally allowed to use streams, lakes, ponds or snow to create.... More

anonymous
Realitycalling 10/06/2010 06:03 AM

sooo - what constitutes a container?

What if you accidentally leave a barrel outside, and forget about it?
if you have trees, plants, grass etc that take the water via osmosis, where does that stand?
What IF you put a barrel out side, put a really fine pinprick drip hole in the bottom, and pack the base with filters effectively letting it drain, just reeeeally slowly?

What a total load of sh*te

anonymous
Steven 10/05/2010 13:44 PM

And you thought you owned yourself. Your birth certificate number tells who owns you and everything you produce.

anonymous
europeanlaughingoutloud 10/01/2010 15:37 PM

If I fart in the elevator, shell I make the others pay for breathing it????
retarded yanksXDDDD

anonymous
Mystikan 09/02/2010 11:33 AM

When US interests in Bolivia tried to pull this **** on the locals back in 2004, the entire city of Cochabamba, all three million of them, rose up in a body and in a six-day riot, trashed the headquarters of the water company that was trying to bill them for catching rain. The police had to let it go and the governor had to be smuggled out, because the police couldn't stop the ENTIRE city. If only you Americans showed such solidarity and willingess to stand up for your freedom against the.... More

anonymous
kevin 09/01/2010 16:45 PM

By this logic, a homeowner should be able to sue the aquifer owners for any property damage ever caused by rain.

anonymous
Tangurena 08/05/2010 15:31 PM

The law in Colorado only appeared to change. If you read the statute, you'd find out that there were so many restrictions added to the law that it keeps rainwater harvesting illegal for more than 95% of the state's population.

In order to qualify to collect rainwater under the "new" law, you have to have:

1. An existing well permit.
2. May not be connected to a water utility of any kind.
3. It is residential, not agricultural zoned.

http://water.state.co.us/pubs/pdf/RainWaterBills.pdf.... More

anonymous
Ashley 08/05/2010 10:49 AM

Stupidest law ever! made me laugh that this is illgeal. And those rain catchers are the size of a large keg barrel sometimes not even. That is not enough to make a dent. How about this for every rain that person catches. He can piss on his mayors lawn! :P

anonymous
Zander 08/05/2010 09:19 AM

Let me read the article to form an opinion rather than covering up your content with a "Do a survey" box. Super annoying.

anonymous
Canadian 07/31/2010 14:56 PM

Invite some of these lawmakers onto your property them proceed to sue them as the water in their body is being detained by their cells, despite being over your land. Lets see what happens.

anonymous
Doo0ood 08/05/2010 01:41 AM

All they'd have to do is whip out the old dongles and urinate.

anonymous
BeWaterWise Rep 08/17/2009 12:04 PM

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

anonymous
Uncle B 07/16/2009 15:57 PM

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?

anonymous
saartje 02/04/2011 06:51 AM

Same here, love being enslaved in our "socialist police state". My daughter was in and out of hospital during the first years of her life, and we have no debt to show for it (community pays for almost everything, even for the one on one childcare at our house when she was recuperating). We still have our own house and we are actively encouraged to harvest rain and solar power to benefit our purse and the environment. Unless you are super-wealthy and super-healthy, you are much better off in a.... More

anonymous
ionica 09/21/2010 00:14 AM

stop being a hater and get over yourself.

anonymous
Anonymous 06/13/2009 20:33 PM

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.

anonymous
Ollie 08/11/2010 12:45 PM

Lawns are dysfunctional monocultures which typically require regular applications of chemicals to maintain.

Mother Nature doesn't do lawns. Plant a garden instead.

anonymous
Anonymous 06/12/2009 20:05 PM

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

anonymous
the water man 06/12/2009 05:16 AM

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.

anonymous
Anonymous 06/12/2009 09:53 AM

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?

anonymous
Anonymous 07/30/2009 01:45 AM

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.

anonymous
Anonymous 06/11/2009 12:04 PM

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...

anonymous
Daisy 06/09/2009 12:47 PM

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!

anonymous
Kringle 06/09/2009 12:38 PM

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.

anonymous
Anonymous Today 17:29 PM

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.

anonymous
Anonymous Today 10:01 AM

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???

anonymous
dr barnaby ruhe Today 21:13 PM

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.

anonymous
Anonymous Today 03:26 AM

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.

anonymous
Guest 06/07/2009 07:34 AM

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.

anonymous
satanocorp industries 06/06/2009 21:57 PM

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.

anonymous
Ms H 06/06/2009 19:18 PM

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

anonymous
Pia - Taunaki 06/06/2009 17:28 PM

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.

anonymous
Anonymous 06/05/2009 19:07 PM

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

anonymous
Anne Odell 06/05/2009 05:59 AM

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

anonymous
Fishpus 06/05/2009 05:55 AM

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

anonymous
satanocorp industries 06/06/2009 20:02 PM

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

anonymous
the water man 06/12/2009 05:33 AM

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

anonymous
Anonymous 06/05/2009 01:44 AM

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

anonymous
Anonymous 06/05/2009 01:42 AM

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?

anonymous
Anonymous 06/04/2009 21:33 PM

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

anonymous
Anonymous 06/04/2009 20:06 PM

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?

anonymous
eric 06/06/2009 19:42 PM

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

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