Is collecting rainwater illegal in Colorado 2022?

Rainwater Collection & Rain Barrels. Rainwater collection is allowed on residential properties under certain conditions. In compliance with Colorado statutes (Section 37-96.5-103, C.R.S.), precipitation can be collected in rain barrels from the rooftops of certain residential properties.

dwr.colorado.gov - Rainwater, Storm Water & Graywater | Division of Water Resources

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Rainwater Collection & Beneficial Use

Storm water is administered within the Priority System of water rights. The following are special considerations for certain storm water facilities within the priority system.

Rain, Stormwater, Gray, Grey, Greywater

Rainwater Collection & Rain Barrels

Rainwater collection is allowed on residential properties under certain conditions.

Rain Barrels Frequently Asked Questions In compliance with Colorado statutes (Section 37-96.5-103, C.R.S.), precipitation can be collected in rain barrels from the rooftops of certain residential properties. Who can collect water under this law? Any single family residence or multi-family residence with 4 or fewer units. Each home in a row of homes joined by common side walls, such as duplexes, triplexes, or townhomes, is considered a single family residence. See the Rainwater Collection Information Table for additional details. Any single family residence or multi-family residence with 4 or fewer units. Each home in a row of homes joined by common side walls, such as duplexes, triplexes, or townhomes, is considered a single family residence. See the Rainwater Collection Information Table for additional details. Do I need a permit through DWR before I start collecting precipitation in rain barrels? No permit or other approval is required for capture and use of precipitation in rain barrels with a combined storage capacity of 110 gallons in accordance with Section 37-96.5-103, C.R.S. (This section was established by House Bill 16-1005). No permit or other approval is required for capture and use of precipitation in rain barrels with a combined storage capacity of 110 gallons in accordance with Section 37-96.5-103, C.R.S. (This section was established by House Bill 16-1005). Where can I collect the water from? From the roof of a building that is used primarily as a residence. From the roof of a building that is used primarily as a residence. How much water can I collect? You can fill and refill two rain barrels with a combined storage capacity up to 110 gallons throughout the year. You can fill and refill two rain barrels with a combined storage capacity up to 110 gallons throughout the year. What can I collect the water in? Water must be collected in rain barrels (up to 110 gallon total capacity) with sealable lids Water must be collected in rain barrels (up to 110 gallon total capacity) with sealable lids What can I use the water for? Outdoor uses, such as lawn and garden irrigation, on the property where the water was collected. Though the rainwater can legally be used for a variety of outdoor uses (car washing, livestock watering, hot tub filling, irrigation, etc.) rainwater users should evaluate the quality of the collected rainwater to ensure it is appropriate for the proposed outdoor use. The water cannot be used for drinking water or indoor household purposes. Outdoor uses, such as lawn and garden irrigation, on the property where the water was collected. Though the rainwater can legally be used for a variety of outdoor uses (car washing, livestock watering, hot tub filling, irrigation, etc.) rainwater users should evaluate the quality of the collected rainwater to ensure it is appropriate for the proposed outdoor use. The water cannot be used for drinking water or indoor household purposes. Will standing water in the rain barrels create a mosquito problem? Rain barrels must have sealable lids to prevent insects or other pests from using the stored water. See the Colorado Department of Public Health and Environment's Residential Rain Barrels Best Practices Flyer, under the Important Links section below for more information. Additional Allowances for Rainwater Collection on Properties with Residential Wells In addition to the 110 gallons of precipitation that can be collected and stored as described in the Rain Barrels Frequently Asked Questions section above, certain residential properties that have a residential well, or that could qualify for a residential well, may be eligible to collect more than 110 gallons of precipitation in accordance with Colorado Statutes (Section 37-92-602(1)(g), C.R.S., [established by Senate Bill 09-080]). Who can collect water under Section 37-92-602(1)(g)? Any residence that has, or can qualify for, an exempt residential well permit through the Division of Water Resources. This law operates independently of the rainwater collection described in the Rain Barrel Frequently Asked Questions section above (as described in Section 37-96.5-103, C.R.S.). See the Rainwater Collection Information Table in the Informational Guides & Brochures section below for additional details. Any residence that has, or can qualify for, an exempt residential well permit through the Division of Water Resources. This law operates independently of the rainwater collection described in the Rain Barrel Frequently Asked Questions section above (as described in Section 37-96.5-103, C.R.S.). See the Rainwater Collection Information Table in the Informational Guides & Brochures section below for additional details. If I do not have a well or well permit, how do I know if my property qualifies for a well permit? This will be determined by the Division of Water Resources (DWR) when you apply for the required precipitation collection permit.

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This will be determined by the Division of Water Resources (DWR) when you apply for the required precipitation collection permit. Do I need a permit through DWR before I start collecting precipitation? Yes, before you begin to collect precipitation in connection with an exempt or small capacity well permit, you need to obtain a rooftop precipitation collection permit. Check out the Rainwater Collection on Properties with Residential Wells Fact Sheet in the Informational Guides & Brochures section below for additional details. See also the Application for Rooftop Precipitation Collection System Permit (form GWS-78), under the Important Links section below, for more information. Yes, before you begin to collect precipitation in connection with an exempt or small capacity well permit, you need to obtain a rooftop precipitation collection permit. Check out the Rainwater Collection on Properties with Residential Wells Fact Sheet in the Informational Guides & Brochures section below for additional details. See also the Application for Rooftop Precipitation Collection System Permit (form GWS-78), under the Important Links section below, for more information. Where can I collect the water from? From the roof of a building that is used primarily as a residence. From the roof of a building that is used primarily as a residence. How much water can I collect? 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. 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. Be sure to still follow best practices for mosquito management (see the Best Practices Flyer available under the Important Links section below). Rain barrels or other types of water storage structures. Be sure to still follow best practices for mosquito management (see the Best Practices Flyer available under the Important Links section below). What can I use the water for? Those residential uses that are allowed on the exempt well permit, which may include both indoor and outdoor uses, depending on the well permit. Those residential uses that are allowed on the exempt well permit, which may include both indoor and outdoor uses, depending on the well permit. Other important information: If the residence is served by a water system (such as a water tap from a municipal provider or a shared well) that supplies more than three single family dwellings, then precipitation collection is not allowed under this provision of the law (Section 37-96.5-103, C.R.S.). Please review the above information on Section 37-96.5-103, C.R.S., and in the Informational Guides & Brochures section below before completing and submitting an Application for a Rooftop Precipitation Collection System Permit (use form GWS-78 to apply). If your well has not been registered, you will also need to Register an Existing Well before applying (use forms GWS-12 and GWS-12A to register an existing well - application forms can be found on the Well Permitting page of this website).

Important Links Colorado State University Extension's Rainwater Collection in Colorado Fact Sheet

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Colorado Department of Public Health and Environment’s Residential Rain Barrels Best Practices Flyer GWS-78 Application for Rooftop Precipitation Collection System Permit (GWS-78) for more information Informational Guides & Brochures

Rainwater Harvesting Pilot Projects

House Bill 09-1129, as amended by House Bill 15-1016, allows for Pilot Projects for the Beneficial Use of Captured Precipitation in New Real Estate Developments. Colorado Water Conservation Board (CWCB) developed criteria and guidelines for the application and selection process for new development pilot projects to evaluate the feasibility of rainwater harvesting as a water conservation measure in Colorado, when paired with efficient landscaping and irrigation practices. Approved Pilot Projects may harvest without replacement a volume of rainwater runoff equivalent to the pre-development consumptive use of the native vegetation.

dwr.colorado.gov - Rainwater, Storm Water & Graywater | Division of Water Resources

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