(KRQE/NEXSTAR) — It may seem like the most natural thing to do, even a great use of rain water: collecting it. But did you know it could be illegal to do it in your state?

While collecting rainwater is not federally illegal, many states have restrictions in place, and water laws are primarily handled on the state level. Alternatively, some states even offer incentives for those who collect rainwater.


States that have some level of rainwater collection restrictions include: Arkansas, California, Colorado, Georgia, Illinois, Nevada, North Carolina, Ohio, Oregon, Rhode Island, Texas, Utah, Virginia, Washington, and Wisconsin.


Kansas and North Dakota may require a permit to harvest rainwater. In all states not listed above, it is legal to collect rainwater.

The World Water Reserve published a full state-by-state guide to explain which states are and aren’t allowed to harvest rainwater. The U.S. Department of Energy also has an interactive Rainwater Harvesting Regulations map to help residents figure out if it’s OK to fill up a barrel or a bucket.


Why do some states restrict water collection?

Since water availability varies greatly throughout the U.S., each state needs to adjust its water use practices based on its climate. According to WWR, most states follow the reasonable use doctrine to determine restricts; the doctrine states that “anyone who has a right to the water can reasonably use it for their own benefit as long as it doesn’t restrict the rights of others to use it as well.”

The main reason some states restrict collection is that too much rainwater harvesting can disrupt the cycle of rainfall seeping back into the earth. It is recommended to check your state’s laws regarding water use for further details.

Usually up to county. Most cities in Texas say no, but fort bend county (unincorporated) encourages it to keep from over using the water supply

How do you raise livestock without a dammed up gully as a catch basin?

H.B. No. 645

Prohibits restrictions on residents capturing rain water.

Sec. 580.004. RAINWATER HARVESTING. (a) Each municipality and county is encouraged to promote rainwater harvesting at residential, commercial, and industrial facilities through incentives such as the provision at a discount of rain barrels or rebates for water storage facilities.

Rainwater harvesting equipment can be Texas sales tax exempt if you present the proper form to the seller.

This falls in line with "Groundwater Conservation Districts" now operating in Texas that charge fees for water that is pumped from the ground. In addition to the premise they help protect supply of the resource, they use the reduction of soil subsidence as further reason for collecting their fees.

I contacted the County soil conservation people for assistance on site location for a pond. They knew things that I didn’t but I don’t recall a permit 30 years ago.

I generally find that I do best without help or advise from any level of government.

Yup!!

TCEQ was trying to force rain water harvesting down the public throats about a decade ago

Finally it looks like they have stopped in the last 5 years.

Yeah, I'm confused as to why Texas was on that list? Media click bait?

I have a hard time believing collection could be extensive enough to disrupt that cycle. Just another permit or tax grab.

Local Master Gardeners will have a clinic on rainwater harvesting this month. City of Tucson, AZ, pays residents to harvest rainwater.

When I worked in Milwaukee, the rain gutters from your home were not allowed to empty into your yard. They drained into a french drain type system emptied into the street drains.

In the case of CO it comes down to the agreements on water useage that was passed in the 1920s. CO is unique in that it is the only state in the lower 48 that has no rivers flowing into it. All the water flows out. Since many other states depend on that water flowing, including TX, CO is very limited on how they can impede that flow. Collecting rain water means it does not go to streams or the aquifier. CO has tried to get these laws modified since their population has grown but CA refuses to allow it and since they have the most members in congress they crush it every time it is brought up.

I did know that many localities restrict collecting rainwater. I also know that it’s a prime example of government overreach.

Next they will tax the oxygen.

Don’t hold your breath.