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    What's this?
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 Rogers
Wed, Jun 03 2009 at 11:50 AM
 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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Comments: 59
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anonymous
molsndry Jul 11 2012 at 7:10 PM

I better keep flushing my toilet there is a lot of water stored there.

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anonymous
saartje Feb 04 2011 at 6:38 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, watering
.... More
the garden, flushing the toilets and showering. You only need tap water to drink, cook and brush your teeth. That's the way it's planned in our renovation)
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anonymous
timmy Jan 10 2011 at 1:13 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.

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anonymous
RENEE SERRANO Oct 23 2010 at 8:42 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????????????

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anonymous
me Oct 14 2010 at 9:18 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.

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anonymous
Anon Jan 15 2011 at 8:45 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

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anonymous
Anon Jan 15 2011 at 8:45 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

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anonymous
Keith Oct 09 2010 at 3:03 PM

I thought harvesting rainwater was highly encouraged.

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anonymous
Stan Oct 06 2010 at 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 drinkable water
.... More
or for cookingand bathing. In the same vein. If we use the bathroom aren't we paying back into the system that will eventually filter out impurities through the ground and the water treatment facility where the water ends up as the rain and snow have done for millions of years? If we are breathing we're stealing then, right? Isn't that why the relig. fanatics were running around letting air out of tires? Because people were stealing God's free air? Is the use of solar collectors also going to be illegal? We need more laws to then control consumption of limited resources renewable or not which would include this Planet Earth. How about control of surplus population to reduce the stress and theft of the environment.
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anonymous
Realitycalling Oct 06 2010 at 6:03 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

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anonymous
Steven Oct 05 2010 at 1:44 PM

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

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anonymous
europeanlaughin... Oct 01 2010 at 3:37 PM

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

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anonymous
Mystikan Sep 02 2010 at 11:33 AM
When US interests in Bolivia tried to pull this shit 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 greedy
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capitalist pigs that do this to you. Google "Cochabamba Water War". It's a real eye-opener!
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anonymous
kevin Sep 01 2010 at 4:45 PM

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

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anonymous
Tangurena Aug 05 2010 at 3:31 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

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anonymous
Ashley Aug 05 2010 at 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

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anonymous
Zander Aug 05 2010 at 9:19 AM

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

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anonymous
Canadian Jul 31 2010 at 2:56 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.

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anonymous
Doo0ood Aug 05 2010 at 1:41 AM

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

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anonymous
Nico Jul 05 2010 at 12:11 PM

http://www.stumbleupon.com/su/4a5a8p/www.opednews.com/articles/Can-it-ra...

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anonymous
BeWaterWise Rep Aug 17 2009 at 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 etc.

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anonymous
Uncle B Jul 16 2009 at 3:57 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?

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anonymous
saartje Feb 04 2011 at 6:51 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 socialist
.... More
police state, where, yes, you pay a lot of taxes (but still have enough to live a wealthier life than most), but you get everything from cheap daycare, to free schools, free roads and free health care for FREE! I look at it as institutionalized 'pay-it-forward'. If,in the course of my life, I will have given more to the system than I have needed it, I would feel lucky, not robbed.
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anonymous
ionica Sep 21 2010 at 12:14 AM

stop being a hater and get over yourself.

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anonymous
Guest Jun 13 2009 at 8:33 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.

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