Two new legislative bills were passed in Colorado this summer that seem to be causing some confusion regarding water rights.  Senate Bill 09-080 and House Bill 09-1129 allow for the collection of rainwater- but only in very limited circumstances.

Many businesses and homeowners are looking for ways to be more sustainable, to save water, and to conserve resources to help their bottom line.  I have been surprised to find that many people are not aware that collecting rainwater- even in a simple “rain barrel” system from your roof for use in watering a garden, is illegal in Colorado. 

Historical Precedent

I think the Colorado Division of Water Resources website summarizes well the historical precedent in layman’s terms:  “Colorado water law declares that the state of Colorado 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 is illegal to divert rainwater falling on your property expressly for a certain use unless you have a very old water right or during occasional periods when there is a surplus of water in the river system.  This is especially true in the urban, suburban, and rural areas along the Front Range.  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, particularly when there is not enough to satisfy them and parties whose water right is junior ro them.” (more…)

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