One of the first questions I often get about rainwater harvesting is “isn’t it illegal to collect rainwater” … often with an attitude of “How dare they say I cannot collect rainwater on my own property!”. The answer is no. It is not illegal to collect rainwater.

It used to be illegal in some states.  States originally did not permit rainwater collecting out of concerns about water rights and the potential impact on downstream water users. The primary reasons were:

  1. Water Rights: In many western states, water rights are based on the doctrine of prior appropriation, which means that water rights are granted to those who first put the water to beneficial use. Collecting rainwater was seen as potentially infringing on these rights by reducing the amount of water that would otherwise flow into rivers and streams, which downstream users rely on.
  2. Environmental Concerns: There were concerns that widespread rainwater harvesting could alter natural water cycles and negatively impact ecosystems that depend on the natural flow of water.
  3. Safety and damage concerns: Some jurisdictions were concerned about the storage and containment of the flow of rainwater.   Storage tanks could fall on people or slide down a hill.  The significant weight of is more dangerous than people realize.   At 8.34 pounds per ballon, five hundred gallons of water would weigh 4,170 pounds.  Even a small 55 gallons barrel would weight over 458 pounds.   Storage tanks poser safety risks if not properly secured.  People could be hurt or even killed with such weights. 
  4. Regulatory Challenges: Implementing and enforcing regulations for rainwater harvesting was seen as a complex task, and some states opted to prohibit it altogether to avoid these challenges.

The situation has changed over time.   Water laws are handled at the state level.  Now, it is not entirely illegal to collect rainwater in any of the 50 states.  Many states have recognized the benefits of rainwater harvesting and have adjusted their regulations to allow it.  Some states have strict regulations and require permits, while others encourage rainwater harvesting with incentives.  There are several jurisdictions that may govern rainwater harvesting and have restrictions, require permits or have building codes for rainwater collection. The jurisdictions may be at the state, county and city levels and water jurisdictions level.        

  1. California for example:  California offers rebates for barrels or and water tanks to install rainwater capture systems without a water rights permit. 
  2. Texas Rainwater Collection Tax Exemption: The Texas Legislature allows the exemption of part or all of the assessed value of the property on which approved water conservation initiatives, such as rainwater harvesting, are made  Additionally, the Texas Tax Code exempts rainwater harvesting equipment, supplies, and labor for the installation of rainwater harvesting systems from state sales tax.
    1. Municipal and Local Water Provider Rebates: Some municipalities, local water providers, and counties offer rebates and financial incentives to promote rainwater harvesting as part of their water conservation initiatives.
    2. Statewide Support: Texas has several laws supporting rainwater harvesting. For example, the Texas Property Code prevents a homeowner’s association from prohibiting the use of rainwater harvesting systems. The state also requires certain new state facilities to incorporate rainwater harvesting systems in their design. Municipalities and counties are encouraged to promote rainwater harvesting at residential, commercial, industrial, and educational facilities through incentives such as discounts for rain barrels or rebates for water storage facilities.

The challenges of droughts and changes in weather patterns have awoken the need of rainwater collection and accelerated its implementation.

Where several years ago, I would get a puzzled look or out right rejection when I asked about rainwater harvesting at city halls.  A few were interested but it to took another 5 years for cities to recognize the terminology and rainwater collection plumbing components.  We have gone from outright rejection of using rainwater to now being allowed to use it for flushing toilets and laundry as well as outside.   I was ahead of the curve when I patented and manufactured the Amanzi Rainwater Diverter.  But now, I am ahead of the pack with the Amanzi Rainwater Diverter.  As my water tanks supplier said “it is really the only one to use”, “others don’t come close” and “I have never had one customer complaint”.