Water Committee Agenda and Packet 2009 06 05

Home Browse Search

Colorado water law declares that the state of Colorado claims the right to all moisture in the atmosphere that falls within its borders and that "said moisture is declared to be the property of the people of this state, dedicated to their use pursuant" to the Colorado constitution. According to the constitution, water must be appropriated according to priority of appropriation. As a result, in much of the state, it is illegal to divert rainwater falling on your property expressly for a certain use unless you have a very old water right or during occasional periods when there is a surplus of water in the river system. This is especially true in the urban, suburban, and rural areas along the Front Range. This system of water allocation plays an important role in protecting the owners of senior water rights that are entitled to appropriate the full amount of their decreed water right, particularly when there is not enough to satisfy them and parties whose water right is junior to them. Senate Bill 09-080, which was passed by the General Assembly and signed by the Governor during the 2009 legislative session, allows limited collection and use of precipitation for landowners, only if: 1. The property on which the collection takes place is residential property, and 2. The landowner uses a well, or is legally entitled to a well, for the water supply, and 3. The well is permitted for domestic uses according to Section 37-92-602, C.R.S., (generally, this means the permit number will be five or six digits with no "-F" suffix at the end), and 4. There is no water supply available in the area from a municipality or water district, and 5. The rainwater is collected only from the roof, and 6. The water is used only for those uses that are allowed by, and identified on, the well permit. If you do not meet, at a minimum, ALL of the above criteria, then the change in the law does not affect you and the current restrictions on collecting rainwater still apply. The new law becomes effective July 1, 2009. The Division of Water Resources will provide forms and additional guidance for those who plan to collect precipitation from their rooftops as soon as they can be developed. Until then, if you have questions, they may be answered below. If your question is not answered below, please submit your questions to the ..e-mail questions" link at the bottom of our home page and we will address your question as soon as possible. I have checked my valid well permit and it states that the use of my well is limited to household uses. Can I collect rainwater and snowmelt from my roof and use it to water a very small vegetable garden in the backyard or in a greenhouse? How about for my hot tub? No, water for a vegetable garden outside the home or in the greenhouse is not an ordinary household use and it consumes the water in a way that is inconsistent with the permitting statutes. The use of the precipitation in this case is limited to drinking and sanitary uses inside the home. This same answer applies to using the water for a hot tub, it is not allowed in this permitting situation.