Does Someone Own The Rain ?

All over the United States there are people who catch rainwater in barrels or cisterns. They then use this water to water plants, wash their autos or a myriad of other uses. After all, the rain fell on their property so they have the right to use it however they want. Right?

Actually no. At least not in Colorado and a few other states (mostly in the West). In those states, if you capture the rainwater that falls on your own property, then you are guilty of stealing water that belongs to someone else. Can you believe that?

According to Colorado law, the rain that falls on your property "should be allowed to fall to the ground and flow unimpeded into surrounding creeks and streams to become the property of farmers, ranchers, developers and water agencies that have bought the rights to those waterways."

Doug Kemper, director of the Colorado Water Congress, says "If you try to collect rainwater, well, that water really belongs to someone else. We get into a very detailed accounting on every little drop."

Assistant state engineer Kevin Rein says, "If I decide to [take rainwater] in 2009, somewhere, maybe 100 miles downstream, there's a water right that outdates me by 100 years that's losing water."

I find these laws incredible. If a raindrop on your property sinks into the soil and waters a plant or settles down to the water table, then it is yours. But before it does so, it actually belongs to someone else. You can legally drill for water on your own land, but you cannot catch it as it falls from the sky. Does that make any sense at all?

When you consider that 97% of the water that falls on the soil never makes it into a stream or river, it doesn't. People downstream own 100% of your rainwater so they can eventually use 3% of it!

Personally, I believe any landowner should own not only the water under his land, but also any rainwater he is able to capture before it leaves his land. That's just common sense.

All of you people out there who harvest your own rainwater should check the water laws in your state. Otherwise you might find yourself accused by the "water police" of stealing your own rainwater.