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farleft
24th November 2007, 11:19
I didnt know where to post this but as it is a law then I guess politics is best.

Could someone explain what this is saying...

"In the State of Colorado, USA, the installation of rainwater collection barrels is an offense[4]. This is a consequence of the system of water rights in the state; the movement and holding of rainwater is inextricably linked with ownership of water rights and is enshrined in the constitution of the State of Colorado. The use of water in Colorado and other western states is governed by what is known as the prior appropriation doctrine. This system of water allocation controls who uses how much water, the types of uses allowed, and when those waters can be used. This is often referred to as the priority system or "first in time, first in right." Since all water arriving in Colorado has been allocated to "senior water right holders" since the 1850s, rainwater prevented from running downstream may not be available to its rightful owner."

Thanks

Red October
24th November 2007, 15:24
That's fucking ridiculous. Is there any movement to change this?

farleft
24th November 2007, 15:52
Not that i'm aware of, I just stumbled upon it by accident on Wiki.

Lenin II
24th November 2007, 15:55
It is saying that water barrels, used by citizens for rain collection, are forbidden because the state wants to decide who gets what water and when, rather than the people. I must say that is the strangest law I have ever heard. Is this actually enforced?

Red October
24th November 2007, 16:34
Originally posted by Lenin [email protected] 24, 2007 10:54 am
It is saying that water barrels, used by citizens for rain collection, are forbidden because the state wants to decide who gets what water and when, rather than the people. I must say that is the strangest law I have ever heard. Is this actually enforced?
It sounds like one of those obscure laws that are only enforced when the state needs to nail you on something and they don't have anything else on you. Where I live a woman was fired from her job because there was still a law on the books which prohibited unmarried men and women from living together, but it wasn't enforced until her employer needed a reason to fire her.

farleft
28th November 2007, 00:23
Originally posted by Red October+November 24, 2007 04:33 pm--> (Red October @ November 24, 2007 04:33 pm)
Lenin [email protected] 24, 2007 10:54 am
It is saying that water barrels, used by citizens for rain collection, are forbidden because the state wants to decide who gets what water and when, rather than the people. I must say that is the strangest law I have ever heard. Is this actually enforced?
It sounds like one of those obscure laws that are only enforced when the state needs to nail you on something and they don't have anything else on you. Where I live a woman was fired from her job because there was still a law on the books which prohibited unmarried men and women from living together, but it wasn't enforced until her employer needed a reason to fire her. [/b]
Thats fucking harsh but I guess thats the reality of the world we currently live in.

which doctor
28th November 2007, 01:57
I imagine it was initially enacted into law by farmers downstream who were upset that people upstream were hording all the water for themselves.

lvleph
28th November 2007, 02:01
I am a hydrogeologist for a state agency. That being said, I don't know the laws in Colorado, so I cannot say if that is true. However, Colorado is a water rights state. This means that when someone buys land, they also buy the water that would exist on or under that land. Generally this is defined in acre feet of water. I think the argument that is being given by your quote is that if someone uses a rain collection system, they are stealing water. I am not really buying this, and I am pretty sure I have heard of rain catchment systems in Colorado.

EDIT:

Originally posted by Colorado State University
The diversion and use of rainwater is subject to the Constitution of the State of Colorado, state statutes, and case law. New Colorado residents should understand that water rights in Colorado are unique compared to other parts of the country. The use of water in this state and other western states is governed by what is known as the prior appropriation doctrine. This system of water allocation controls who uses how much water, the types of uses allowed, and when those waters can be used. A simplified way to explain this system is often referred to as the priority system or "first in time, first in right."

An appropriation is made when an individual physically takes water from a stream or well (when legally available) and puts that water to beneficial use. The first person to appropriate water and apply that water to use has the first right to that water within a particular stream system. This person, after receiving a court decree verifying their priority status, then becomes the senior water right holder and that water right must be satisfied before any other water rights are filled. In Colorado, the State Engineer has the statutory obligation to protect all vested water rights. The process of allocating water to various water users is traditionally referred to as water rights administration, and is the responsibility of the Division of Water Resources.

Of course, the appropriation system is much more complicated than described above. Some priorities on major stream systems in Colorado date back to the 1850's, and most of the stream systems have been over-appropriated, meaning that at some or all times of the year, a call for water even by a senior appropriator is not satisfied. Practically speaking, this means that in most river drainages, a person cannot divert rainwater and put it to a beneficial use without a plan for augmentation that replaces the stream depletions associated with that diversion. In most areas of Colorado, the only sure legal way to use rainwater is to direct roof gutter downspouts to drain to landscape areas you wish to water.

It is recommended that before you develop a rainwater harvesting system you check with the Colorado Division of Water Resources and your local building, zoning, and environmental departments to determine what plumbing requirements, local restrictions, neighborhood covenants, or other regulations or guidelines might apply to your project. Rainwater catchments, distribution systems, and landscape holding areas must be located and used entirely within the property boundaries of the individual or entity building using the system. These systems must be maintained in an acceptable manner and not cause damage or interference to neighboring property. Standards for construction must be consistent with industry standards or as determined by the local administrative authority. source (http://www.ext.colostate.edu/PUBS/natres/06702.html)