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Some Coloradans Can Now Legally Collect Rainwater

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Some Coloradans Can Now Legally Collect Rainwater

DENVER (CBS) ― Colorado lawmakers have passed a bill that loosens a 19th century ban on people who want to collect rainwater, CBS station KCNC-TV reports.

Many people were surprised to learn they're not entitled to snow and rain that falls on their homes. A state senator recently found that out when he tried to conserve rainwater for his flower garden.

In New Mexico it is common practice to harvest rainwater and store it in cisterns. That's what Sen. Chris Romer had hoped to do in Colorado.

"I truly wanted to collect the rainwater off my roof to use in my garden, because I love gardening, but unfortunately, I got in big trouble," Romer said.

That's because Colorado law dating back to the 19th century said every drop of rain must flow unimpeded into surrounding creeks and streams, that it was the property of farmers and ranchers and anyone else who had purchased the rights to those waterways.

"You've got to be kidding. You're breaking the law if you put a rain barrel in to capture rain?" said Rep. Marsha Looper, R-Calhan.

That was the reaction of Looper's constituents, prompting her and Romer to get the 120-year-old law changed. They did it by presenting a study that showed 97 percent of rainwater never makes it to streams because it evaporates.

The bill that has passed says residents can now collect it with certain restrictions.

"You can capture enough rain or snow to be able to put in a garden, to be able to irrigate up to an acre of land, to be able to possibly put out a small fire," Looper said.

Residents still can't harvest rain without a permit from the state engineer's office, and the permits are targeted for those who live in rural areas, not people living the suburbs.

"If you're tied to some type of commercial water system, or municipal water system, you may not be able to put a rain barrel in," Looper said.

"This is actually a great new concept, and given climate change, and given where we're going, we need new ideas to help us deal with our water shortages in the future," Romer said.

The bill's sponsors figure about 300,000 people statewide will now be permitted to harvest rainwater, mostly the in rural areas who already have exempt wells for household and domestic use.

There is now a second bill up for consideration that would expand rain collection to new developments in urban areas. That would allow for a pilot program and the bill will be heard on Friday.

Colorado's rainwater bill has gotten a lot of attention. Along with KCNC-TV's reporting, including trips to New Mexico, the New York Times, Los Angeles Times and the Wall Street Journal have picked up the story.

(© MMX, CBS Broadcasting Inc. All Rights Reserved.)

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