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In the case of Colorado, they have a 120-year-old law that implies that rainwater harvesting is illegal since that rainwater could flow downstream into someone elses water supply, which would be taking from them if one collected the rain.
Is Rainwater Harvesting Legal in Virginia? Yes. Senate Bill 1416, signed into law in 2001, established the Alternative Water Supply Assistance Fund. Homeowners who rainwater harvesting systems are eligible for tax credits.
Most homeowners in Colorado are now allowed to use rain barrels to collect rainwater. A maximum of two rain barrels with a combined storage of 110 gallons or less are allowed at each household. Collected rainwater may be used to irrigate outdoor lawns, plants or gardens.
In the spring, you can put it back in place and start harvesting rainwater again. Will my rain barrel make a difference? It may not seem like a lot, but in Colorado every drop counts. Using two rain barrels to water your plants could save up to 1,200 gallons a year, just from one household!
There is no limit to the amount of water you can collect, so long as you are collecting the water from the roof of a building that is used primarily as your residence. What can I collect the water in? Rain barrels or other types of water storage structures.
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GRACE HOOD, BYLINE: In the West, rain that falls on your roof may not be your water. Thats because states like Colorado have complicated laws that honor long-standing water rights. Thats meant that a simple act like collecting rain on your own property was technically illegal.
Restrictions on rainwater harvesting in the United States date back to the California Gold Rush of 1848 to 1855. Miners use of hydraulic processes in dry areas of the state was controversial during the Gold Rush, leading to regulations controlling their rights to diverted water.
That said, while Texas allows rain water harvesting in some counties, a few states in the western U.S. have traditionally outlawed rain harvesting altogether. The reasoning is that rainwater eventually makes its way into streams, rivers, and other water sources to which various individuals possess legal claims.
Is it Illegal to Harvest Rainwater? In almost every case, no. Out of the lower 48 states in the U.S., Colorado and Utah are the only states that are currently heavily regulated to keep homeowners from harvesting and using the rain that falls on their property.
Water laws are so strict in Colorado that rainwater collection is virtually prohibited. The doctrine is written into the states Constitution.

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