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Colorado has the most screwed up water rights laws of any state in the Union. Some call them unique, I call them inadequate and based on a concept of when the state was young and had relatively few inhabitants. The process of acquiring water rights is very expensive, complicated, inefficient and bureaucratic. Colorado water officials have already put too many straws into the glass of coke and not everyone is getting anything to drink. This will get worse unless things change. OK … so, what in the world does this have to do with rainwater harvesting and collection in Colorado? |
Rainwater harvesting or collecting is the process of storing rainwater that lands on your roof in large containers, usually barrels with a spigot for a hose attachment. The easiest way to do this is to position the barrel under a gutter down spout so the water fills the rain barrel. When time comes to water the plants, instead of using the main water from your house, the water in the rain barrels can be used. This can reduce the amount of water you use and could potentially lower your water bill (depending on how you are billed). Rainwater harvesting is legal in 49 states. So who’s the black sheep?
When rainwater hits the roof of your house, your driveway, or patio you do not have the right to do anything with the water in the state of Colorado. You do no own that water. That water is not “fair game”. According to the State Constitution and by law you must not impede, divert or store any rainwater for later use. It doesn’t matter what you use the water for, even if it’s for a good purpose such as landscape irrigation or cleaning your car. The reason for this has to do with the screwy water rights laws of Colorado.
By diverting or storing the rainwater that collects and drains off your roof, you are affecting the amount of water that eventually ends up in streams, underground aquifers, and reservoirs “downstream” from your house. Water is a commodity that is sold separately from the land in Colorado and all sources of water are purchased. When you divert, collect, or impede water on your property (or anywhere for that matter), you are affecting how much water eventually ends up in the hands of the rights holder. The water is legally theirs even though it is on your property. A common myth is, you can harvest or collect rainwater as long as you don’t sell it. That is false. You can’t do anything with the water unless you file for water rights then come up with a way to return an equal amount of water back to the rights holder.
So if you live in Colorado, be careful if you are trying to harvest rainwater from your rooftop. If you are caught, it’s a $500 fine for each offense … two rainwater barrels equals a $1000 fine. If you want to harvest the rainwater anyway, hide the barrel in a shed or behind thick bushes so no one can see it. I think this is a ridiculous law because the amount of water that runs off my rooftop evaporates long before it enters any stream or underground reservoir. It’s essentially being wasted when it could be used to irrigate my landscape and lessen drought conditions.
