In times of water restrictions, it may seem like a good idea to set a rain barrel under the downspout as a means of conservation. But don’t do it without first checking with the Colorado Division of Water Resources and all local entities that might have a rule against it.
The reasoning can be distilled to this: Rainwater falling on your property doesn’t belong to you.
In Colorado, that precipitation is considered part of the tributary to a natural stream and should be allowed to run off, according to metro area water attorney Robert Trout.
However, it’s difficult to get water experts to agree when discussing the nuances of Colorado’s water laws.
Colorado State University’s Cooperative Extension fact sheet on “Graywater Reuse and Rainwater Harvesting” says: “In most areas of Colorado, the only sure legal way to use rainwater is by positioning roof gutter downspouts to areas you wish to water.”
But Dick Wolfe, assistant state engineer with the Colorado Division of Water Resources, the agency responsible for protecting water rights, says homeowners aren’t even supposed to divert water. “It’s in conflict with state water law to do that.”
Reagan Waskom, CSU Cooperative Extension water specialist and author of the fact sheet, says, “You could make a case that a gutter and downspout are a diversion, but it’s a diversion practiced by 4 million people in Colorado.”
“There’s a lot of discretion in enforcing the water law,” Trout says. “I tell my clients that it’s not illegal to divert rainwater on your property, as long as the state doesn’t tell you to stop.”
Even though there are gray areas when discussing Colorado water law, here’s something that is agreed upon: It’s OK to divert your shower warm-up water into a bucket and water the rhubarb.
For information, see CSU Cooperative Extension, ext.colostate.edu (Fact Sheet 6.702); Colorado Division of Water Resources and water.state.co.us (Graywater Systems and Rainwater Harvesting in Colorado FAQ).
