Rainwater Recapture Legal In Colorado

For the first time since territorial days, rain will be free for the catching here, as more and more thirsty states part ways with one of the most entrenched codes of the West. Precipitation was assigned ownership from the moment it fell in many Western states, making lawbreakers of people who scooped rainfall from their own gutters.

Two new laws in Colorado will allow many people to collect rainwater legally. Set to take effect July 1st, this will allow Colorado homeowners to collect rainwater if they can prove they’re not infringing on other water users’ rights. That’s right, rainwater.

The laws are the latest crack in the rainwater wall, as other states, driven by population growth, drought, or declining groundwater in their aquifers, have already opened the skies to the populace or begun actively encouraging people to collect.

The rights to rainwater were assigned a century or more ago. Then, the law stated that rainwater should be allowed to fall to the ground and flow unimpeded into surrounding creeks and streams, to become the property of farmers, ranchers, developers and water agencies that have bought the rights to those waterways. Now, Senate Bill 80 creates a pilot program to allow for the collection of rainwater from the roof of a residence to be used for ordinary purposes.

The new laws will also implement fines for Colorado residents collecting rainwater without a permit. Previously, the state outlawed the practice of collecting rainwater despite the fact the equipment could be purchased at retail outlets statewide.

Colorado typically gets about 100 million acre-feet of water—enough to cover the city of Boulder in 60 feet of water—from snowmelt and rain every year, but little of that actually makes it to rivers. In Boulder County, even with the new law, the only people who can legally collect water are those who live outside of any water district. The law is limited. It is only valid for people who have, or would otherwise be qualified for, a well. Still, it’s a big change for Colorado, where every drop of water is allocated somewhere, based on seniority of water rights.