Box of Rain – States Take a Closer Look at Rainwater Harvesting

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While water withdrawals from streams and wells are often closely monitored and contentious, regulators have historically tended to look the other way when it comes to water captured as rain. But as water becomes more scarce, regulators have begun to more closely scrutinize the increasingly popular practice of rainwater harvesting — collecting rainwater in barrels, buckets and tanks.

Presently, there is little consistency among states in regulating the harvesting of rainwater. Some states, like Colorado, prohibit rainwater harvesting. Other states, like Washington, are considering requiring a permit only for rainwater capture systems above a threshold amount. In other places — notably Santa Fe, New Mexico — rainwater harvesting is actually required. Systems for rainwater capture must be installed on every new 2,500 square foot or larger residential or commercial building in that city. Arizona, Hawaii, Kentucky, Ohio, Texas and West Virginia are all either regulating or considering regulating rainwater harvesting.

What is Rainwater Harvesting?

Rainwater harvesting is the collection, storage and conveyance of rain as a water source. As the nation realizes the limits of its existing freshwater resources, attention is returning to rainwater capture to help ensure adequate water supplies. Rainwater harvesting systems range from a barrel placed under a downspout to multiple tanks with pumps and controls. Residential collection systems can range from a 50-gallon rain barrel to cisterns of 30,000 gallons or more. Commercial systems can be much larger. As discussed below, rainwater harvesting can provide several environmental benefits.

Catching and storing rain is an age-old practice throughout the world. In China, rainwater harvesting may date as far back as 6,000 years. In India, the practice dates back over 4,000 years and traditionally meant storing water in tanks or reservoirs. "By some estimates, 20,000 villages in India are harvesting their rains," writes Fred Pearce in his 2006 book "When Rivers Run Dry."

In the United States, water resources are primarily governed by state, rather than federal, government. State and local governments have taken opposing approaches to rainwater. As noted above, for example, Colorado assumes that rainwater contributes to streamflows and, therefore, prohibits rainwater capture systems. Similarly, local and state building codes, zoning laws and other regulations in Colorado and other states may limit the availability of rainwater harvesting.

In contrast, the trend in other states is moving towards encouraging rainwater harvesting. In 2005, for instance, the Texas legislature created a committee to evaluate and recommend minimum water quality guidelines and standards for rainwater use. Texas provides financial incentives for rainwater capture systems and water utilities in Austin and San Antonio encourage rainwater harvesting to conserve water. Under such policies, professional companies have installed more than 400 full-scale rainwater harvesting systems in central Texas and, over the last 10 years, homeowners have installed more than 6,000 rain barrels through Austin's incentive program. Washington appears to be on the verge of adopting an approach to rainwater harvesting regulation similar to that of Texas.