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Crazy Head-Scratcher Laws in America: Who Owns Rainwater?

Silly laws that don’t make a lot of sense aren’t confined to the United States, but we certainly have our fair share of such laws. Often, there is a reason for the laws, but many are hard to figure out, even when the law isn’t obsolete. A very good example is laws regarding rainwater.

Most people would probably agree that water that falls as rain is a natural occurrence. You might not know, though, that in some places, ownership of the rain has actually been inferred. 

Since Roman and Ancient Greek times, rainwater that falls on the rooftops has been collected. In fact, in some of the drier areas, houses were actually built over the top of catchments for rainwater. In the bible, these are referred to as ‘cisterns’ and there are biblical stories that have to do with cisterns.

In modern times, rain barrels are often used for this purpose. People in the US can purchase rain barrels in many hardware stores. However, it isn’t legal to use them in all places.

Colorado has state laws that prohibit people from using rain barrels to collect rainwater. Using a rain barrel for this purpose can lead to a large fine from the state.

Other states have varying laws in place regarding collecting rainwater. Arkansas allows the collection of rain as long as it isn’t for consumption uses like drinking. However, each collection system must be designed by a state-licensed professional and the system must conform to Arkansas plumbing codes.

Rainwater collection is legal in many places in California, provided that the system is put in by a licensed landscape professional and the water can only be used for agricultural purposes.

In Ohio, rainwater can be collected for any purpose, including for drinking. This is overseen by Ohio Department of Health.

Oregon allows the capture of rainwater, but only from roof surfaces and collection systems must be inspected and approved by the state.

Rhode Island not only allows capturing rainwater, it encourages it and tax credits are offered for doing so. The water is generally kept in cisterns.

Texas allows rainwater reclamation, however, there are many detailed laws regarding the collection.

Rainwater collection is legal in Utah, provided that no more than 2,500 gallons of water are collected.

A number of other states have laws that apply to rainwater collection. As if to confuse the situation even more, towns, cities, and counties can each have different rainwater collection laws. In other words, in the US, before employing a rainwater collection system, you’d best make sure it is legal where you live and it would be wise to expect to have to pay quite a bit for the system. 

And here you thought that rain was free and was a gift of God, didn’t you? It seems that there is no end to the crazy laws man can come up with.

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What do you think?

Written by Rex Trulove

15 Comments

  1. I think rain barrels are legal in my part of California, but any collection system that is constructed and hooked up to plumbing or installed underground or needs to be built probably needs some sort of permit. Guess I’d better check before I buy any rain barrels. Right now I just put plastic containers outside to collect water when I’m expecting a big storm.

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  2. I have no idea what the law is here, but I know I would have to add something to keep the mosquitoes away. I intend on buying 2 sooner than later. Pinned this article for others to read.

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  3. I wrote a similar article for a different, now-defunct site because I was shocked at the number of states that have laws making collecting rainwater illegal. It was inspired by an account I read of the Colorado state government actually prosecuting someone for having a rain barrel. The government needs to learn that it doesn’t have the right to everything.

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        • That is one of the things that impressed me about Trump. His order that at least two regulations must be removed for every new regulation that is put into place is brilliant. It has worked out even better. To date, 6 regulations have been removed for every new regulation. It is unheard of for the government to remove regulations or to end programs, once they are on the books.

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          • That’s one of the things I like about him also. Some regulations are necessary, I get that, but I object strongly to unelected bureaucrats making law. The EPA has been particularly offensive in that regard. It needs to be torn down and rebuilt to do its original purpose.

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