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It Is Illegal to Collect Rainwater?

Rainwater might seem like it’s yours for the taking, but local laws can make collecting it surprisingly complicated.
ByLogan DeLoye
BiancaGrueneberg/GettyImages

If rain falls on your property, can you legally collect and keep it, or could setting out a barrel get you in trouble?

You might assume that something as simple as collecting rainwater in your backyard wouldn’t come with its own set of rules and regulations, but it does.

Rainwater harvesting is legal across the U.S., but citizens must comply with certain restrictions depending on their ZIP code.

THE UNITED STATES OF RAIN WATER

Rain Barrel Water Conservation
Rain Barrel Water Conservation | Dorin_S/GettyImages

According to My Rain Plan, your location plays a major role in how much water you’re permitted to collect, the materials you can use, and how long you can store it. If you live in a neighborhood with an HOA, there might be additional rules about where you can place your barrels and how you maintain your collection.

But why would anyone collect rainwater in the first place? 

For starters, this water can be a great resource for watering your plants. Unlike water from your kitchen sink or hose, rainwater doesn’t pass through dirty pipes or filtration systems, which can help your plants grow. 

You can also use rainwater for outdoor chores like washing your car or cleaning patios and driveways. These practices not only help conserve water (which benefits the environment), but they can also help lower your monthly water bill; a win-win situation! 

Of course, collecting rainwater isn’t without its disadvantages. Stagnant water attracts mosquitoes, and less water running off your property means less debris gets washed off your street. Old property codes once considered it "stealing" if water that hadn’t fallen directly on your land ended up on your property, leading to state laws that restricted certain harvesting methods.

RULES AND REGULATIONS

Rain Water Is Streaming into Barrel in the Garden.
Rain Water Is Streaming into Barrel in the Garden. | aaron007/GettyImages

Currently, 38 states impose no restrictions on collecting rainwater, and a “standard” rain barrel is permitted in all 50 states. However, some states limit the amount and location of the collection, typically in regions that receive less rainfall.

For example, Colorado residents are limited to 110 gallons of rainwater at a time; that’s two 55-gallon barrels per property. In Nevada, you can only harvest rainwater from your roof. Oregon and Washington require a “water right permit” for larger barrels, and Utah residents can collect up to 2,500 gallons, but must register systems larger than 100 gallons.

So, while collecting rainwater is legal across the U.S., residents should research the specific rules and restrictions that apply in their state before adopting their own collection system. 

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