Rainwater Harvesting
According to Colorado water law, the State claims the right to all moisture in the atmosphere that falls within its borders and that, “said moisture is declared to be the property of the people of this state, dedicated to their use pursuant” to the Colorado constitution. As a result, in much of the state, it was illegal to divert rainwater falling on your property expressly for certain use unless you have a very old water right or during occasional periods when there was a surplus of water in the river system. This system of water allocation plays an important role in protecting the owners of senior water rights that are entitled to appropriate the full amount of their decreed water right.
Senate Bill 09-080, however, which was passed by the General Assembly and was signed by the Governor during the 2009 legislative session, allows limited collection and use of precipitation for landowners. The new law becomes effective July 1, 2009 and applies only if ALL of the following criteria are met:
• The property on which the collection takes place is residential, and
• The landowner uses a well, or is legally entitled to a well, for the water supply, and • The well is permitted for domestic uses according to Section 37-92-602, C.R.S., (generally, this means the permit number will be five or six digits with no “-F” suffix at the end), and
• There is no water supply available in the area from a municipality or water district, and
• The rainwater is collected only from the roof, and
• The water is used only for those uses that are allowed by, and identified on, the well permit.
According to the new law, rainwater may not be collected for use in or on: vegetable gardens, greenhouses, landscaping, or ponds. Use of the precipitation is limited to drinking and sanitary uses inside the home. In addition, if you receive your water supply through a tap from a water supplier, you may not collect precipitation at all. The changes in Senate Bill 09-080 apply only to residential properties that are supplied by a well (or could qualify for a well permit).
Contact the Colorado Division of Water Resources (www.water.state.co.us) for applicable forms and additional guidance related to rainwater collection. In addition, it is recommended that before you develop a rainwater harvesting system you also check with local building, zoning, and environmental departments to determine what plumbing requirements, local restrictions, neighborhood covenants, or other regulations or guidelines may apply.
Senate Bill 09-080, however, which was passed by the General Assembly and was signed by the Governor during the 2009 legislative session, allows limited collection and use of precipitation for landowners. The new law becomes effective July 1, 2009 and applies only if ALL of the following criteria are met:
• The property on which the collection takes place is residential, and
• The landowner uses a well, or is legally entitled to a well, for the water supply, and • The well is permitted for domestic uses according to Section 37-92-602, C.R.S., (generally, this means the permit number will be five or six digits with no “-F” suffix at the end), and
• There is no water supply available in the area from a municipality or water district, and
• The rainwater is collected only from the roof, and
• The water is used only for those uses that are allowed by, and identified on, the well permit.
According to the new law, rainwater may not be collected for use in or on: vegetable gardens, greenhouses, landscaping, or ponds. Use of the precipitation is limited to drinking and sanitary uses inside the home. In addition, if you receive your water supply through a tap from a water supplier, you may not collect precipitation at all. The changes in Senate Bill 09-080 apply only to residential properties that are supplied by a well (or could qualify for a well permit).
Contact the Colorado Division of Water Resources (www.water.state.co.us) for applicable forms and additional guidance related to rainwater collection. In addition, it is recommended that before you develop a rainwater harvesting system you also check with local building, zoning, and environmental departments to determine what plumbing requirements, local restrictions, neighborhood covenants, or other regulations or guidelines may apply.
