Colorado Bill Legalizes Rainwater Harvesting
by Haley Paul
Published on July 3rd, 2009
11 Comments
Colorado just came one step closer to making rainwater harvesting a legal option for more of its residents.
Before the new law allowing rainwater collection was passed, it was illegal in Colorado to gather rainwater and snowmelt that fell from a rooftop, patio or driveway into barrels.
Rainwater harvesting occurs when storm water runoff is diverted from flowing to the ground and instead put to beneficial use by the rainwater harvester. However, in the western U.S., unlike in the East, capturing rainwater is generally illegal due to the prior appropriation doctrine that governs water.
Gray water can be used to increase soil moisture in your garden or even supply your home's water needs, getting one step closer to going off the grid. Photo: Arcsa.org
Often called the “first in time, first in right” priority system, the first person to allocate and use water is the senior water right holder within a particular stream system. Therefore, taking water from your roof is akin to stealing from downstream water right holders.
Colorado looked to change that, especially after a pivotal study focusing on the Denver area revealed 97 percent of precipitation never makes it to streams, because it is taken up by plants or evaporated. After this research was released, the Colorado legislature voted to allow rainwater collection.
However, strict limits apply. Senate Bill 09-080, which went into effect July 1, states that rainwater collection can happen only if:
- Harvesting takes place on residential property
- The owner of the property has a legal entitlement to a well
- No water is provided in the area by a water district or a municipality
- The roof is the only location collecting rainwater
- The collected rainwater is put to uses explicitly permitted in the well permit
Given these restrictions, most urban dwellers will not be permitted to install a rainwater collection system on their rooftop in Colorado any time soon.
As a representative from the Water Resources Research Center at the University of Arizona suggests, rainwater harvesting is a great way to augment precious household water supplies, while at the same time actually helping to conserve water by reducing demand on municipal supplies.
However, changing the law in many western states has proved to move at a slower pace than their eco-innovative residents. With numerous legal cases and legislative bills in the works, only time will tell if and when the floodgates to legal rainwater harvesting will open.
rainwater recycling
posted on July 4th, 2009 at 9:11 am
Interesting article, I find it amusing that an archaic law is being used to stop what is simply common sense usage of rainwater.
I suspect you will need financial incentives as well as making it legal to really encourage people to take up rainwater recycling.
Has anyone at your resources center done the research on the impact of rainwater recycling on the reduction of water going in to the ground – or groundwater. I assume it will have some reduction, but eventually the water that has been stored will work its way into the natural water courses.
JJ
posted on July 7th, 2009 at 7:39 am
Environmentalists should realize in an arid region like Colorado, rainwater harvesting’s biggest contribution will be to encourage more development in places where water supply was infeasible or marginal (especially the 35 acre ranchettes and mining claims). It will not make one bit of difference to river flows one way or the other. It is such a de minimus amount of water, and will not supplant a well if one can be constructed.
OC Sean
posted on July 8th, 2009 at 1:31 pm
I would guess that rainwater harvested is likely to be used for watering lawns or plants anyway. It ends up in the same place but is used at a time more appropriate for watering, like when it’s not raining.
Debra
posted on July 8th, 2009 at 6:52 pm
I live in Central Texas and have just started using rainwater harvesting techniques. In our area they theorize that it takes some 500 years for rainwater to reach our water table and encourage rainwater harvesting when possible. I know of a family that has been living the last 10-15 years off of ONLY rainwater that they harvest. We average 19″ of rain per year where I live and they run their complete household use and outside plant use and a few head of livestock soly off of rainwater. I do not understand any city or state that says you can not harvest the rain. It is like the air it is there and above your property and why can’t you use it especially when its use would be fore the better of the community/area!!
Water « Life in the Big Tree
posted on July 9th, 2009 at 10:35 am
[...] One website claims that “a pivotal study focusing on the Denver area revealed 97 percent of precipitation never makes it to streams,” although the study is not cited. I’d be interested to see the study, if I could find it! [...]
Haley Paul
posted on July 10th, 2009 at 8:51 am
Here is the link to the study that revealed 97% of precipitation in the Denver area never made it to the streams: http://www.douglas.co.us/community/water/documents/HolisticApproachtoSustainableWaterManagementinNorthwestDouglasCounty.pdf
No well, no water service … what do you do? « Rejuvenation Projects Blog
posted on September 18th, 2009 at 6:36 am
[...] If that sounds illogical to you, well, Colorado has weird water laws. The gist is this: the rain or snow that falls on your property is not yours. It belongs to someone downstream from you, someone who long ago applied for and was granted the rights to the water from your drainage. It is, therefore, illegal to use a rainbarrel or dam up a little creek that runs across your land. You’re stealing from the rightful owner. Read more about the new legislation. [...]
Minnesota Twins Score with New Rainwater Harvester : CleanTechnica
posted on January 14th, 2010 at 6:13 am
[...] Getting large facilities like Target Field off the conventional water supply grid is one strategy for a sustainable future. The off-grid trend also applies to energy; for example, municipal like sewage treatment plants are starting to install solar panels to run giant pumps and other equipment. On the other hand, the water harvesting solution may be problematic in arid regions, especially parts of the western U.S. where longtime water rights issues currently impose legal restrictions on rainwater harvesting. [...]
Rainwater harvesting illegal in some US states! | Rainharvest.co.za
posted on March 19th, 2010 at 11:28 pm
[...] Source: Earth911.com [...]
Oasis Rainwater Harvesting
posted on July 27th, 2010 at 8:17 am
Rainwater harvesting should be made mandatory all over the world. Rain is a free source of the water that is in such short global supply.
Sewage treatment systems
posted on July 27th, 2010 at 8:20 am
Here in the UK rainwater harvesting is becoming big business. Most of the larger systems comprise of underground tanks, though many houses have large rain butts for the garden. I have even seen a small rainwater harvester on the balcony of an apartment in Leeds.