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SUMMIT COUNTY — A change in state law that allows people to capture rainwater has led to some confusion for people looking to supplement their existing water supplies.
Some of the early news stories on the change were unclear about the change in the law, creating an expectation that this “new” source of water would be widely available. But the new rule is very limited in scope. It doesn't enable everyone to start catching and using rain water willy-nilly. In fact, the only people eligible are those who have a well permit from the state.
“We're starting to get some calls on this,” said local water commissioner Scott Hummer. “You can only use rain water for the same domestic indoor uses authorized by a well permit.”
In other words, people who get their water from a utility are not allowed to capture and use rainwater. The fundamental premise of state water law is still that every drop of rain needs to flow back into a river or into the groundwater, where it becomes part of a downstream water right owned by someone else who previously claimed it.
The tiny new exception is only for people who use a well for domestic water. And it only allows them to use the water for the same purposes specified by the well permit. In most cases, that means only indoor domestic use.
It's not legal to capture the rainwater and use it on outside plants, and it's not legal to fill a hot tub with it, Hummer explained.
The change was made based on studies showing that most rainwater evaporates or is soaked up by plants before it ever reaches a river or aquifer. A few people living off the grid in areas where it's tough to dig a well could benefit from the new rules, as reported by the New York Times.
But for most people in Colorado, the change doesn't mean much. Technically, if you put out a bucket in a rainstorm and then water the petunias along your driveway, you're breaking the law.
For Hummer, enforcement of the new rules may just add to the complexity of administering the state's water laws. His office is already deeply enmeshed in an ongoing crackdown on unauthorized use of well water. Essentially, state water officials are trying to force compliance with the laws limiting well water use to indoors.
In the past couple of years, Hummer and other water commissioners have inspect about 1,500 wells in Summit County, finding potential violations in 30 to 40 percent of the cases, according to Hummer.
The state is preparing for the next round of enforcement later this year, he said. Officials will revisit some of the violations. If they haven't been corrected, Hummer said the state engineer's office is preparing a list that will be forwarded to the attorney general's office for further enforcement.
In case of continued violations, state officials have the authority to shut down wells.
Some of the early news stories on the change were unclear about the change in the law, creating an expectation that this “new” source of water would be widely available. But the new rule is very limited in scope. It doesn't enable everyone to start catching and using rain water willy-nilly. In fact, the only people eligible are those who have a well permit from the state.
“We're starting to get some calls on this,” said local water commissioner Scott Hummer. “You can only use rain water for the same domestic indoor uses authorized by a well permit.”
In other words, people who get their water from a utility are not allowed to capture and use rainwater. The fundamental premise of state water law is still that every drop of rain needs to flow back into a river or into the groundwater, where it becomes part of a downstream water right owned by someone else who previously claimed it.
The tiny new exception is only for people who use a well for domestic water. And it only allows them to use the water for the same purposes specified by the well permit. In most cases, that means only indoor domestic use.
It's not legal to capture the rainwater and use it on outside plants, and it's not legal to fill a hot tub with it, Hummer explained.
The change was made based on studies showing that most rainwater evaporates or is soaked up by plants before it ever reaches a river or aquifer. A few people living off the grid in areas where it's tough to dig a well could benefit from the new rules, as reported by the New York Times.
But for most people in Colorado, the change doesn't mean much. Technically, if you put out a bucket in a rainstorm and then water the petunias along your driveway, you're breaking the law.
For Hummer, enforcement of the new rules may just add to the complexity of administering the state's water laws. His office is already deeply enmeshed in an ongoing crackdown on unauthorized use of well water. Essentially, state water officials are trying to force compliance with the laws limiting well water use to indoors.
In the past couple of years, Hummer and other water commissioners have inspect about 1,500 wells in Summit County, finding potential violations in 30 to 40 percent of the cases, according to Hummer.
The state is preparing for the next round of enforcement later this year, he said. Officials will revisit some of the violations. If they haven't been corrected, Hummer said the state engineer's office is preparing a list that will be forwarded to the attorney general's office for further enforcement.
In case of continued violations, state officials have the authority to shut down wells.
