Guide to Determining the Legality of Rainwater Harvesting in Your State

Individual states currently govern rainwater collection regulations. However, until recently, there was no central source of information on state-level regulations on rainwater harvesting that a federal agency maintained. The Federal Energy Management Program has compiled state-level information to address this issue and created an interactive map tool. You can access this tool by clicking on the map and visiting the website.

Federal Energy Management Program Rainwater Harvesting Regulations Map

Here's a short guide to help you determine if it's legal to harvest rainwater in your state:

Step 1: Research State Laws

Begin your research by looking up the laws and regulations related to rainwater harvesting in your state. Start with your state's official government website, which often has water rights and conservation information.

Step 2: Understand Water Rights

Understand the concept of water rights in your state. Some states follow the doctrine of "riparian rights," meaning landowners have rights to the water that flows through or borders their property – aka, if you own land next to a body of water, you automatically have some rights to use that water. Other states adhere to the "prior appropriation doctrine," where the first person or entity to use the water for a beneficial purpose has priority rights – aka, the first person or organization to start using the water for a good reason gets to keep using it. To make sure you comply with the law, it's important to understand how water rights work in your state. 

Step 3: Check for Specific Regulations

Look for specific regulations related to rainwater harvesting. These regulations might include restrictions on the amount of rainwater you can collect, the methods of collection, or whether you need permits or licenses.

Step 4: Contact Local Authorities
Contact your local water authority or department if you're unsure about the regulations or if your state's laws are unclear. They can provide information on local ordinances or restrictions that may apply to rainwater harvesting. When contacting local authorities to inquire about local ordinances or restrictions related to rainwater harvesting, it's important to ask relevant and specific questions to understand the regulations in your area clearly. Here are some questions you can consider asking:

• Is rainwater harvesting allowed in my specific location?

• What are the specific regulations governing rainwater harvesting?

• Are there any permit or licensing requirements for rainwater harvesting?

• Are there restrictions on the use of rainwater for specific purposes?

• Are there guidelines for the design and installation of rainwater harvesting systems?

• Do I need to register my rainwater harvesting system with the local authorities?

• Are there any specific restrictions on the size or type of rainwater harvesting systems I can install?

• Are there any incentives or rebates for rainwater harvesting installations?

• What steps should I take to ensure compliance with local regulations?

• Can you provide information on any local resources or organizations that can assist with rainwater harvesting compliance and best practices?

Step 5: Consult with Experts

Consider consulting with experts in water law or environmental law, especially if you plan to set up a large rainwater harvesting system. They can provide legal advice specific to your situation and help ensure compliance with local and state regulations.

Step 6: Review HOA and Neighborhood Rules

Review these documents if you live in a homeowners' association (HOA) or a community with specific covenants, conditions, and restrictions (CC&Rs). Some HOAs may have rules regarding rainwater harvesting, so be aware of any limitations your community imposes.

Step 7: Advocate for Change (if necessary)

If you find that your state has restrictive regulations or no clear laws regarding rainwater harvesting, consider advocating for change. Get involved in local and state water conservation efforts, or contact your elected representatives to push for more sustainable water practices.

Step 8: Proceed with Caution

If rainwater harvesting is legal in your state, follow any regulations or guidelines to avoid legal issues. Properly design and maintain your rainwater harvesting system to comply with any requirements.

Remember that rainwater harvesting regulations can vary significantly from one state to another, so it's crucial to do your due diligence and stay informed about the specific rules in your area. Always prioritize responsible and sustainable water management practices. Reach out if you have other resources you think I should include in this list!