The question of ownership of the sky may sound strange at first, until you learn that the ownership of the sky often depends upon who owns the water rights to the ground beneath that part of the sky. Laws in place in Colorado make collecting rainwater and snow melt illegal. To some who support the centuries old law, collecting the rainwater is seen as theft of the resource that someone else has paid for. The concern is that if rainwater is captured, less water will be available to replenish streams and aquifers. But a recent study showed that a large percentage of the rainfall in one Colorado county never made it to the streams; rather it was used by plants or evaporated.This prompted the Colorado General Assembly to pass a new law allowing the collection of rainwater in some areas. According to a publication from the Colorado Division of Water Resources, the law:
Allows the limited collection and use of precipitation for land owners if:To view the publication in its entirety, click here.
1. The property on which the collection takes place is residential property, and
2. The landowner uses a well, or is legally entitled to a well, for the water supply, and
3. The well is permitted for domestic uses according to Section 37-92-602, C.R.S., and
4. There is no water supply available in the area from a municipality or water district, and
5. The rainwater is collected only from the roof, and
6. The water is used only for those uses that are allowed by, and identified on, the well permit.
Some in Colorado were torn between breaking the law and doing what they felt was best for the environment. According to Todd Anderson, a former national park ranger who worked to enforce the bans on rainwater harvesting, said, "I’m conflicted between what’s right and what’s legal. And I hate that." Mr. Anderson has been catching rainwater that runs off his greenhouse but keeping the barrel hidden from view. When the new law passed, he put the barrel in plain sight, and he plans to set up a system for his house. To read more from the New York Times article, click here.
While there is a change in the law impacting a few in Colorado, other states, such as Washington and Utah, still have restrictions on rainwater harvesting. The concern about allowing the collection of rainwater is the potential impact on existing water rights. However, other states and cities encourage rainwater harvesting. Texas offers tax incentives. Santa Fe County, New Mexico and Tuscon, Arizona make it a requirement to install harvesting systems on new buildings. To read more from the New York Times Green Inc. Blog, click here.
Posted: 06/29/09
