Legal Question: Water Reuse in Colorado

[dk21]

I've heard about the laws against rain barrels in states out west. Seems asinine. Am I correct in my understanding that the water companies have successfully managed to convince lawmakers that they essentially own the rain?

 

[LLBeanJ]

Am I correct in my understanding that the water companies have successfully managed to convince lawmakers that they essentially own the rain?

No, as I understand it, the State of Colorado maintains that it owns the rain (and snow), which gives it the right to lease water rights to various entities, including towns, cities, municipal water districts, and irrigation ditch companies.

 

[dk21]

Either way, that's BS.

 

[unionrdr]

I agree. It just seems totally illogical to claim they own the "air rights" as well. Laying claim to rain water precipitating from the air, that's essentially what they're doing. And YOU own the rain that precipitates on MY land? BS on that crap. Let'em come after me & see what union lawyers have to say. I get how they want what runs off your land to go to their source for cows, farms, etc. But it's not like rivers, lakes, etc will dry up if I collect some of my own from my own rain gutters. Sheez...

 

[NickTheGreat]

I agree. It just seems totally illogical to claim they own the "air rights" as well. Laying claim to rain water precipitating from the air, that's essentially what they're doing. And YOU own the rain that precipitates on MY land? BS on that crap. Let'em come after me & see what union lawyers have to say. I get how they want what runs off your land to go to their source for cows, farms, etc. But it's not like rivers, lakes, etc will dry up if I collect some of my own from my own rain gutters. Sheez...

Being in the midwest, I can't relate to this either.

But if you have a big enough gutter and take enough of the water, the rivers and lakes will in fact dry up downstream.

That is exactly what is happening out west.

Now you could argue they're being heavy-handed and don't always have the best interest at heart. But these are politicians we're talking about . . .

 

[unionrdr]

Yeah, true enough. but it just seems like a form of infringement to say you own my "air rights" where water precipitation is concerned. Not to mention, it would take a lot of homes catching rainwater to have that kind of effect. We had a cistern under the back pad to collect rainwater from the gutter system in Cinci. The creek on the property line wasn't effected in the least. It even had Gammarus thriving in it my cichlids loved. They're a species of hard-shelled fresh water brine shrimp.

 

[sandyeggoxj]

Water policy in the west is complicated and full of power struggles. Each states water policy is different and based on the state's superior court. Just do a google search for "Water policy" and add a state name.

The West drying up has less to do with rain barrels and more to do with American greed and waste. People were not meant to grow f#$%ing cotton in the desert sands of the southwest.

Just like most unenforced things it is all about scale. If you are harvesting 50 gallons here and there no one cares. But if you are saving tens of thousands of gallons you'll get someone attention eventually. Everyone needs water and if my neighbor dams the creek upstream from me and I can't get water I am ready to kill him. The only difference between the creek and the rain barrel is scale.

 

[unionrdr]

Yeah. Scale would indeed be the question here. Maybe they should have some kind of limiting proviso pertaining to the amount you can catch & reuse? I remember episodes of Bonanza where this daming, etc came up. I guess they're as concerned about it now as the mid-19th century? Perhaps these laws stem from that time period?

 

[johngaltsmotor]

Well, it's not technically grey water until it's been mixed with something. As long as your IC is connected on one end to the faucet and the other on the barrel all you have is a heat exchanger before your potable water storage tank. Nothing to see here folks, move along....

Then again, I can't see their legal justification against rain barrels anyway. You are in fact returning the water to the water shed right? So whomever owns the water rights still receives the same amount of rain water as if it had run out the downspout when it rained. You simply extended the time between precipitation and return. Now if you sold said rain I could see an issue.
Are Native Americans exempt as part of a treaty? I mean technically Mother Sky has provided them the rain, it's not like the local water authority put that water into the clouds to begin with...

 

[unionrdr]

That's my basic point of contention. They'll get it back one way or another sooner or later. Besides the fact that you can't control when it rains, where & how much. It's provided by nature, not some conglomerate. It's not like hording or anything. It gets used somehow & returned to the system of nature.

 

[HumulusHead]

Don't you get like a million feet of snow a year in CO. You think everyone could build a lake and it still wouldn't matter.

 

[unionrdr]

It doesn't seem like it would matter by sheer volume of snow or rain versus how many might be reusing it at any given time?

 

[sandyeggoxj]

Yes native Americans are usually exempt from limits and this policy stems from the old days.

 

[mhurst111]

It's hard to comprehend not being here, but its all political. One issue is 75% of the population of CO is east of the divide. 75% of the water falls West of the divide. We have plenty of water, but its in the wrong place.

Another fun one to argue over is, if its the states water, when it falls as hail on my roof, why can't i file a claim against the state to cover my loss. Same goes with floods - the states rain water just wiped out a town last year. They hand wave those away as natural acts, but 'normal rain' they want to claim...

 

[LLBeanJ]

Relevant news from the current session of the CO legislature...

http://www.denverpost.com/news/ci_27723629/rooftop-rainwater-collection-bill-easily-clears-colorado-committee

"A bill that would allow residential rainwater collection sailed through a committee hearing Monday, making headway in Colorado's decades-old water rights battle.

House Bill 1259 passed the Agriculture, Livestock & Natural Resources Committee 8-5 and now advances to the full House.

"We're simply wanting to allow people to collect the rain that falls off of their rooftops ... to put back into the earth," said the bill's sponsor, Rep. Daneya Esgar, D-Pueblo."

 

[unionrdr]

To put back into the Earth? Well, yeah, in a roundabout way!...

 

[agrazela]

That's California's water, you stoners! Give it!