Starting on August 10, 2016, it is no longer illegal for homeowners to collect the rain (or other precipitation) that has fallen on their roofs. In May 2016 Governor John Hickenlooper signed a law (House Bill 16-1005) that allows residential properties and multifamily residences with four or fewer units to use up to two rain barrels, located above ground, with a combined storage capacity of 110 gallons.
Rain barrels can only collect precipitation from rooftop downspouts, and the collected water can only be used on the same property from where it was gathered. The collected water can only be used for outdoor purposes, such as watering outdoor plants. Collected water in rain barrels can not legally be used for drinking or indoor uses. Additionally, it should be known by rain barrel owners that operating a rain barrel does not constitute a water right. There is language in the bill that the State Engineer “may curtail rain barrel usage” if a water right holder can prove that the use of rain barrels has impacted their ability to receive their entitled water. In fact, in the bill it says the State Engineer must report to agricultural committees in the legislature in the year 2019 and 2022, on “whether the allowance of small-scale residential precipitation collection pursuant to this article has caused any discernible injury to downstream water rights.”
If you would like to learn more about rain barrels. check out Colorado State University Extension for more information.
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