Lawmakers in the Colorado legislature are expected to vote on a bill later this year that would update the current law regarding rainwater harvesting. The Colorado Water Examiner has reported that Kathleen Curry and Jim Isgar plan to introduce a bill to allow rural property owners to utilize rainwater catchments on a small scale. The bill will limit the catchments to properties served by an “exempt well,” that is, a well that is allowed to pump regardless of priority because the amount of water produced is so small that it is assumed that no senior rights holder will be harmed.
While this bill would be a step forward for those who support rainwater harvesting, it would not apply to urban residents since these “exempt wells” are not common in the urban landscape. Senator Isgar says that he expects another bill to allow rainwater harvesting in cities and towns but he will not be a sponsor. Since rainwater harvesting has a dual purpose, reducing water demand and reducing storm water runoff, it is unfortunate that the rainwater law will not change for urban residents- where rainwater harvesting could also serve to mitigate water pollution in rivers and lakes.
We’ll keep you updated on this story as it develops.
Reference story: 2009 Colorado legislative session: A look ahead




January 19th, 2009 at 2:59 pm
Many members of my community would like to show our support for this bill. How can we support this legislature?
January 21st, 2009 at 11:21 am
The obvious (but not so glamorous) answer is to write a letter to your local legislature showing your support for a change in the law to make rainwater collection a legal right in Colorado.
The main issue that is keeping rainwater collection illegal in Colorado is water rights- which historically are some of the most contested rights throughout the world. Since all of the water that flows into the many tributaries of Colorado’s rivers is already allotted, the argument is that rainwater collection reduces that amount of water that would otherwise make its way to an allotted right. In theory, this may be true. However, when the economic and environmental benefits of rainwater collection are considered, such as a reduction in stormwater flows, an increase in stream and river water quality, an overall reduction of demand on the municipal water system, and an immediate reduction in the enormous amount of energy required to store, purify and distribute municipal water, then the argument for allowing rainwater collection for the good of the people and the environment in Colorado will have much more credit.
Other ways to support the bill:
1. Tell a friend about the legislation.
2. Attend a rainwater collection seminar and network with like-minded people.
3. Collect rainwater anyway (what Gandhi would do).
March 27th, 2009 at 5:56 pm
It is amazing that this law does not violate property rights. I mean I bought my property which includes my house. The water that falls on my home should be considered MINE! If I want to use it to water my dasies or let my kids have a water fight with it then I should be able. I have lived here all my life and can’t believe this law still exists! I will be writing to my congressman and encourage a change to this bill for ALL of Colorado residents.
June 29th, 2009 at 10:56 am
Where’s a June 29 update for the Colorado law? Anywhere besides the NewYawkTimes?
November 18th, 2009 at 12:07 pm
Common sense tells us that rain water collection from the roof of your own house for in house use should not harm any farmers downstream, unless your roof covers all your property. In most rural settings the water run-off from a residential roof stays on the property anyway. Rainwater quality can be very good compared to deep well or municipal water. Rainwater is soft and only requires filtering for bacteria and taste if the rain water system is correctly designed and installed. Deep well and municipal water can be very hard requiring a water softener which dumps salt back into the ground. Hard water requires more soap and wears out our clothes faster. Chlorine from municipal water is not good for our health whether consumed or used for bathing. We have 40 acres and only want to collect water from the house and barn for in house use.
December 22nd, 2009 at 1:03 pm
As we have been discussing the subject as lot as of lately, I felt this was a great follow-up