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May 2009

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Rain barrels will soon be legal for some rural residents

By Cherry Sokoloski
North Forty News

Collecting rainwater from the roof is common practice in many places around the world, but not here in water-starved Colorado, where runoff from rain is tied to precious water rights.

That could change--but only for a few people in rural areas--if the governor signs Senate Bill 80. Bill co-sponsor Jim Isgar, D-Durango, expects the governor to do so. The bill, which allows for the collection of rooftop rainwater in some situations, passed both the House and Senate about a month ago.

Isgar said the purpose of his bill is to "provide some flexibility without injuring existing water rights." He added that the bill is fairly limited. It will not pertain to Glacier View Meadows and Crystal Lakes, two of the larger rural subdivisions in Larimer County.

People who will be able to legally collect rainwater are those who have individual wells, or are entitled to have such wells. In northern Colorado, that right is generally limited to properties of 35 acres or more. Some properties, Isgar pointed out, have individual well permits on smaller properties that are grandfathered in.

Isgar explained that if a well permit contains restrictions, those same restrictions would apply to rainwater collection. For instance, the individual wells in Glacier View are "household use only." That is, well water cannot be used for any lawn irrigation or livestock watering. Since the same rules would apply to rainwater, Glacier View residents would not be allowed to collect rainwater for outside irrigation.

Some Glacier View households are served by community wells. Those are also restricted to "household use only," according to manager Steve Horsmon.

Wells in the Crystal Lakes subdivision are also limited to household use. Manager Jody Sandquist explained that, as in Glacier View Meadows, rainwater is part of the subdivision's augmentation plan, and it must be allowed to drain back into the aquifer. Consequently, Crystal Lakes well owners will not be entitled to use rainwater for outside irrigation.

In contrast, people holding "general residential" well permits that allow for lawn/garden irrigation and domestic animal watering would be able to use rainwater for those same purposes.

Under terms of SB 80, property owners who want to collect rainwater must obtain a permit from the state engineer's office and pay a fee.


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