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Water Rights Resources

Water law is complex, nuanced, and can be difficult to understand. We delve into common water law concepts and provide tutorials that describe how it use publicly available tools to learn more about water rights. To this end, below are a series of articles that are designed to help parties develop a general understanding of some of the basic principles of water law. The information provided below is for educational purposes only and if you have specific questions about your water rights, please contact the attorneys at Nazarenus Stack & Wombacher for legal advice. Use of this information is explicitly subject the website disclaimer available here.

Rainbarrels (Colorado)

People frequently ask questions about the legality of using rain barrels to capture water in Colorado.  There is a general rule that applies to all single family residences in Colorado and a separate rule that is unique to properties that receive their water from a well.

General Rain Barrel Rule (C.R.S. 37-96.5-101 et. seq.)
The general rule is that any single family residence or mutli-family residence with 4 or fewer units can use up to 2 rain barrels totaling no more than 110 gallons to collect water from their rooftop.   Use of this water must be limited to the irrigation of lawns and gardens on the property at which it was collected and cannot be used for drinking water or indoor household purposes.  In the event that the State Engineer determines that rainbarrel collection is injuring senior water rights then he or she can prohibit the use of rain barrels.

Rain Barrel Permits for Properties Served by a Well (C.R.S. 37-92-602(g))
Properties that receive their water from a well that serves no more than 3 single family residences can also apply for a permit to collect rainwater in amounts and for uses that would be precluded by the general rule.   A Rooftop Precipitation Collection System Permit eliminates the 110 gallon limit from the general rule and allows the collected water to be used for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock, and the irrigation of up to one acre of lawns and gardens. However, the collection system must be constructed on “a building that is primarily used as a residence.”

If you have additional questions about rain barrels or are interested in advice concerning Rooftop Collection System Permits, please contact one of the attorneys are Nazarenus Stack & Wombacher LLC.

Rainbarrels (Colorado)William Wombacher