The "collecting rain water is illegal" meme

[SHRED]

As I cruise around Facebook and the Internet I've noticed a disturbing "meme" that is being spread around and that is that "collecting rainwater is illegal." What is disturbing is that it's false. Not true. With the exception of Colorado, where it is highly restricted, I haven't found any State where it's illegal...and I've looked.
I'm posting this to encourage others to collect rainwater like I do and to disregard the false info out there about collecting rainwater. Many will point out the Harrington case in Oregon as proof it's illegal however he was not rooftop collecting he was diverting runoff into two illegal ponds totaling 13 million gallons.
Of course you should always check your own state and local regulations but I think you will find it's very much okay and encouraged. here in California we have a rebate program towards the cost of the tank.

If anyone has a link to the contrary specifically regarding rooftop collecting of rain water please post it.

Remember...1 inch of rain on 1,000 sq ft of roof equals 600 gallons.

[eloydude]

1. Colorado Legislature did look into dumping the ban of rainwater barrels.

But for some weird reason, it is dead for the year.

You can thank the Republicans in the Senate.

[OnlinePoker]

2. Utah is very restrictive.

To collect, store, and place the captured precipitation to a beneficial use, a person must register the use with the Utah Division of Water Rights as detailed in 73-3-1.5.

A person may collect and store precipitation without registering in no more than two covered storage containers if neither covered container has a maximum storage capacity of greater than 100 gallons.

The total allowed storage capacity with registration is no more than 2,500 gallons. Collection and use are limited to the same parcel of land on which the water is captured and stored.

http://www.waterrights.utah.gov/forms/rainwater.asp

[NYC_SKP]

3. Like anything else, it's legislated differently in different places. But it's usually OK.

The meme you talk about is a silly one but embraced and perpetuated by teabaggers as well as gullible but well meaning liberals.

It's like the stupid smart meter fear tactics.

Smart meters are not dangerous and are actually good for the environment.

People need to smarten up and do a little homework and, yes, harvest rainwater.

And they should do some research into greywater recycling.

That we use drinking water to flush toilets is stupid in the extreme.

[SHRED]

4. Well said

[alfie]

5. I have two 55 gal rain barrels and they are a godsend

I have 4 raised beds for veggies and they get rainwater only, either directly or via the barrels and watering cans. We are having a dry spell now just as I am getting transplants and seeds in the ground so they need daily watering. I wouldn't be able to afford city water for that. Even a short shower will top the barrels off.

[SHRED]

7. My 205 gallon Bushman tank...

...is used on my raised beds also!

[Binkie The Clown]

6. The local news had a spot on how our city encourages rainwater collection.

All the local home improvement stores carry barrels and hookup supplies like downspout diverters, etc. The city says collected rainwater reduces the amount of rain that washes crud off the streets and into our pristine rivers.

[roody]

8. I just installed 3600 gallons storage area

for water, two Bushman slimlines (530 gallons each) and one 2500 gallon round tank. This is in N. Cal.

[SHRED]

10. Nice!

[Nictuku]

9. I was among those who erroneously thought it was illegal

.... I did it anyway, (because the law didn't make much sense, and because it hardly rained much this year).

I just re-used it in other parts of my yard. I'm very glad to hear it is not illegal here in Calif. Thanks Shred!

[SHRED]

11. ur welcome!

[happyslug]

12. Did you check the common law on those states?

English Common Law is the law of every state in the Union except Louisiana. The Common Law varies from state to state depending on the courts of that state. It is Judge made law. I.e. decisions of what the law is made by judges.

In the US WE have two rules when it comes to water. The "Eastern rule" that is similar to the law on water in England which is if water falls on your land you have the right to it unless what you do with it affects navigation down stream.

The "Western Rule" was invented in the west do to the arid conditions of the west. Some states are split; wet parts of the state follow the eastern rule, while dry spots use the western rule.

The Western Rules are Judge made changes in State' s Common Law when it comes to water.

Now the western states have also passed statutes as to ownership of water but unless those statutes conflict with states Common Law, the Common Law rule is still the law.

The Western Rule is any rain falling anywhere belongs to the first person who used that water (or his successor in interest to that property right). Thus it is the Common Law that says who owns the water that falls on your land and that often means in the west someone other then the landowner of the land the water falls on.

Thus you have to read the case law on this subject not just the statues. The Statues may not mention it for the state legislature knew of its state's Common Law rule and thus avoided the subject. Most cases involving water involves water for crops or cattle not human drinking but these cases often contain language that state even a cup of rainwater that falls on someone's property can be the property of someone else.

I bring this up for a statutory search of the law is not enough you also have to review the case law. Some judges also do not like stating the full extent of what the law is till a case bringing that issue up appears before them. For example the Pennsylvania Supreme Court ruled in about 1998 that the age of consent to enter a Common Law Marriage was 12 even without permission of the 12 year's parents. If you had ask most lawyers as to the age of consent they would have said 18. When the actual issue on how young a person could enter into such a marriage the Court said that since the state's legislature had never passed a law on that subject it was still age 12 for that been the rule in England at the time of the American Revolution. The state legislature had made the age of consent 18 unless you had your parents permission to enter into a ceremonial marriage but had never passed a law as to the age to enter a Common Law marriage without your parents' permission. The the Court ruled it was still age 12.

Side note: As of January 1 2005 you can no longer enter into a Common Law Marriage in Pennsylvania.

I bring up the Pennsylvania case to show that the Common Law rules can show up in areas of the law that State legislatures had ignored for years and sometimes centuries. The same with the western rule as to water. You have to read the case law on the subject in addition to any statutory law. I would not be surprised that a state court has ruled as to a cup of water but that case was never appealed. That the case was never appealed does not make it invalid. In fact that case may be viewed as controlling case on the issue. You have to look at the case law.

[SHRED]

13. State by State

We have personally checked the government websites of all 50 states. The only state where it is against state law for some people to collect rainwater is Colorado. It is legal in all other states. There may be local laws forbidding rain barrels or roof water harvesting, but this is the exception, not the rule. The link to our research is :

http://www.enlight-inc.com/blog/?p=1036

[hatrack]

14. Oh, yeah, Natural News loves flogging this - poor, poor oppressed Mr. Harrington!!

[SHRED]

15. Here's a classic Natural News article

Although 5 years old.
http://m.naturalnews.com/news/029286_rainwater_collection_water.html