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 »  Home  »  Blogs  »  Rain water ownership insanity
Rain water ownership insanity
By Green Living Tips | Published  08/11/2008

In a recent article on rain barrels, I made mention that a few local councils had previously banned rainwater collection for various reasons unknown; but they'd finally woken up to themselves. One of the commenters on the article pointed out that in some states in the USA, it's still illegal to collect rainwater, even a measly rain barrel's worth as.. get this.. someone else owns it!

One of the commenters, George, quoted Colorado law which says:

"Colorado Water Law requires that precipitation fall to the ground, run off and into the river of the watershed where it fell. Because rights to water are legally allocated in this state, an individual may not capture and use water to which he/she does not have a right."

This quote was sourced from the Denver government's Denver Water site

I thought the Australian councils who banned water collection were a little nuts, but Colorado's approach is beyond total and utter insanity, not to mention Draconian.

I like to think of myself as a law abiding citizen for the most part, but in regards to something like this, I think mass civil disobedience is well and truly called for. At the very least, I'd urge residents of states that have such laws to contact their local representative to draw their attention to the issue in order to have the silly law reversed.

Our governments have demonstrated they can't secure water supplies properly yet, so we need to do it ourselves - a little independence and self-sufficiency shouldn't be illegal - particularly when it eases stress on mains water supplies and for such a basic human need.

As another commenter stated in the article, with this law in place; if their property is affected by floods, surely they should be able to sue all the parties who have rights to that water collectively.

What are your thoughts?

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Michael Bloch
Green Living Tips.com
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Comments

  • Comment #1 (Posted by Kim)

    Hiya Michael!
    Reading your post concerning the legalities of catching rainwater, it brings to mind a story a friend recently told about a nurseryman here in the UK who was spending a fortune watering his plants, so he decided he'd install water tanks to catch the water running off of his greenhouses. Well...before long the water company (ST) notices the huge decrease in his bill and goes out to investigate. Mr. Nurseryman proudly tells them he's doing his bit for the enviro and that's why he is no longer using their water. Don't you know they came back at him with the same malarky about the rainwater being owned by them??! Forcing him to disconnect and cease using his watering system and return to using their service! Talk about bollocks!
    Who gives these entities the rights to what is freely given (in this case anyway) by Mother Nature?
    All I can say is the only way anyone will stop me using this natural source of H2O is when they pry my cold, dead hands from my (water) butt! :p ha! /rant
     
  • Comment #2 (Posted by Michael - Green Living Tips)

    The UK too? There's something very feudalistic about this logic. World's gone mad. Love the "cold, dead hands" comment Kim :)
     
  • Comment #3 (Posted by JRoo)

    So began the Water Wars of the 21st century. Not with a shout, but a whimper of an overturned rainbarrel.
     
  • Comment #4 (Posted by Anne )

    While most of these comments have been opposed to the practice of banning rain barrels, nothing has been mentioned as to why this was put into place. Colorado is an arid state with limited rain fall. All water in Colorado is owned by the people of the state of Colorado, however, the right to use this water is individually owned. All water in Colorado is already overallocated within the state, meaning even in good years, most users cannot fulfill their water rights. The rest of the water, a majority, in Colorado is promised to other states through various water compacts. When Colorado does not fulfill these compacts, the rivers are subject to calls from higher-priority users. This can lead to fights in court, the most recent of which, was between Colorado, Kansas, and Nebraska. Colorado lost the case and numerous users along the South Platte river lost their water rights. It is true that the impact of rain barrels could be limited on water flows, but think if everyone installed a rain barrel. Water may not make its way to the stream at the approporiate time, and this, in turn, could force calls on the rivers as downstream or senior water rights are not fulfilled. The law does has a practical purpose under the prior-appropriation doctrine. As a side note, the Colorado state legislature is taking up this issue during the next session (January 2009).
     
  • Comment #5 (Posted by Michael - Green Living Tips)

    Hi Anne, thanks for your input; interesting points. If everyone installed water barrels, then that would be X gallons less strain on the mains supply - so its much of a muchness. IMO, this is all about money and control - after all, if you have total control over a resource that is essential to life; that's a lot of power. To the blinkered politicians and lawmakers, self-sufficiency is a scary concept.

    There's not much I'd take to the streets about (the last protest I took part in was against the invasion of Iraq) and I like to consider myself a law abiding citizen; but this issue is something I'd gladly protest publicly about and a law I'd have no hesitation in breaking. Let's hope that in 2009, sanity prevails in that state - and all others with similar laws.
     
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