Photo: Liza Summer

Why can't you collect rainwater in California?

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.

bobvila.com - Solved! Is it Illegal to Collect Rainwater? - Bob Vila

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Q: We just moved across the country, and it’s pretty dry out here. I’d love to collect rainwater for my garden but I’m wondering: Is it illegal to collect rainwater?

A: Kudos to you for hoping to practice conservation by collecting and reusing rainwater. While rainwater collection is legal in every state in the nation—there is no federal regulation—many states and municipalities do have restrictions on the practice. Other states, particularly western states with dry climates, encourage rainwater collection (aka rainwater harvesting) to ease the burden on local water systems. Your state may even offer incentives for rainwater harvesting! Rainwater collection regulations generally seek to control the amount of water that can be collected, the method of collection, and the intended use of the water. The bottom line? Check with your local authorities to determine which, if any, restrictions are in place. If you fail to follow the rules, you may face such consequences as fines or even jail time. Read on to understand the reasons for restrictions on collecting rainwater, and review various states’ rules. 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. A policy of prior appropriation ensued, as did subsequent laws that have changed over the years. Now, some states that once restricted rainwater collection currently encourage it.

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Today’s rainwater collection regulation is a matter of public health.

Most states allow rainwater harvesting on residential and/or commercial properties for non-drinking purposes, such as watering the lawn. But there may be strict rules against harvesting water for drinking, as rainwater can contain harmful substances, such as animal feces, E. coli, and pesticides. Those who collect rainwater for drinking and other human consumption purposes (e.g., cooking or showering) must install a filtering setup that complies with state or local government policies. Some states have rainwater collection laws to regulate the amount you may harvest. Any rainwater you harvest won’t enter nearby streams, ponds, and other natural bodies of water—and that has the potential to disrupt ecosystems. The rainwater collection amount that states with restrictions allow can vary: Colorado allows only a total of 110 gallons, while Illinois permits residents to harvest up to 5,000 gallons without a permit.

RELATED: All You Need to Know About Dry Wells

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Some states or towns may also regulate your rainwater collection system.

Rain barrels hold approximately 55 gallons of water and are typically designed to catch water from gutter downspouts. A rainwater cistern is a tank that can hold much more, up to 10,000 gallons. While both are popular, approval for use will depend on the state you live in. Rain barrels are typically approved and unregulated (except for in Colorado, where they are regulated). Cisterns may require a professional engineer or plumber to design the system to ensure the water is properly harvested and filtered for use. Check with your state’s department of agriculture, health department, or water board for rainwater collection regulations. Laws regarding rainwater collection are subject to change as climate changes and drought become more of a concern. The plumbing code for each state—which some states use to regulate domestic rainwater collection—can also change. Since rainwater collection isn’t regulated by federal law, it’s important to stay current on local guidelines. Even states and counties with no restrictions on collecting, including those that offer incentives for rainwater harvesting, will likely regulate collection practices. As to using rainwater for drinking, the all-important water filtration system will most likely be subject to state or county regulation. Be sure to check local laws before investing in a rainwater collection system. The list below outlines rainwater harvesting policies in various states, from those with no restrictions to those with heavy regulations. Arkansas (Heavily Regulated): Rainwater collection is permitted for non-drinking purposes only. The system must comply with Arkansas Plumbing Code, be designed by a state-licensed professional engineer, and include cross-connection safeguards to avoid contaminating other water sources. (Heavily Regulated): Rainwater collection is permitted for non-drinking purposes only. The system must comply with Arkansas Plumbing Code, be designed by a state-licensed professional engineer, and include cross-connection safeguards to avoid contaminating other water sources. California (Somewhat Regulated): Per the Rainwater Capture Act, harvesting is allowed without a permit but usage must abide by California State Water Resources Control Board. Rainwater intended for ponds or irrigation purposes requires a license available through the board.

bobvila.com - Solved! Is it Illegal to Collect Rainwater? - Bob Vila

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