No, it is not illegal to catch rainwater in the USA. All 50 states allow rainwater to be collected. One of the most pervasive environmental myths in the country is the notion that there is widespread illegal rainwater collection and that this is the case in every state today.There is widespread belief that rainwater collection is generally illegal, and that this is true in every state today. A few states, especially in the arid West, have significant volume restrictions or registration requirements, and a few states mandate permits for large commercial systems. In the U.S., however, no permit is required for a typical house rain barrel under a standard rain gutter. That’s why it’s important for every homeowner who wants to use rainwater to understand exactly where the regulations are, why they’re there and what your specific state allows.
Key Takeaways
- Rainwater harvesting is legal in all of the United States. All states have some level of residential rain water harvesting, but the extent and requirements vary widely.
- The federal government has no laws that make it illegal to collect rainwater. There are no laws or restrictions by the Federal Government on rainwater harvesting.
- In all 50 states, it is legal to collect rainwater. Thirty-eight states have no residential collection volume or method restrictions.
- Colorado is the most restrictive state with a limit of 110 gallons per collection under HB 16-1005. Utah has a limit of 2,500 gallons and systems larger than 100 gallons must be registered.
- Why is it that it is illegal to catch rainwater in some countries? Restrictions in western states are not illegal in and of themselves, but they are based on the doctrine of prior appropriation of water rights, which holds that water belongs to the first person who claimed it, not the first person who owns the land it falls upon.
- In what states can rainwater not be collected? It is not completely prohibited in any state. The strictest volume caps are in Colorado and Utah. Nevada only allows collection by those with water rights.
- Rainwater harvesting is actively promoted in Texas, Arizona, Virginia and Rhode Island with tax incentives and rebates.
Why is it wrong to gather rain water? The Real Legal Explanation
This is the most commonly misinterpreted part of the rainwater collection law, and it requires a straight answer.
It is not illegal anywhere to harvest rainwater, but the confusion is due to a legal doctrine, called “prior appropriation”, which says that water belongs to the person who “appropriated” it first, not the person who owns the land that it falls on.
Imagine a farmer in 1890 Colorado who constructed an irrigation system that utilized a creek. Under prior appropriation, that farmer’s water right is protected by law. All water that flows to that creek, whether caused by rainfall on land upstream or otherwise, belongs to the creek and to the prior appropriators.
In a prior appropriation state, when you capture rainwater on your roof, you are essentially taking water that would otherwise percolate into the soil, recharge aquifers and flow into streams or reservoirs. The doctrine of prior appropriation is a principle that states that water is already allocated to someone else: the people who have senior water rights downstream. That’s why historically Colorado and Utah and other western states had limits on rainwater collection.
Other states, such as the eastern states, adopt riparian rights, where the use of water depends on ownership of the land, and which generally do not limit collection of rainwater.
The majority of the sites that have rules in place say they are to help maintain the natural cycle of rainwater. One issue is that if too much rain is stored, it may interfere with the flow of rain back into the ground.
But this is not the scientific truth. A study published by the Scientific World Journal showed that the amount of rainwater that could potentially be collected by individual homes would have little to no effect on the hydrologic cycle on a macro level. Colorado’s own research later revealed that just three percent of the rain is absorbed by a stream or groundwater, prompting the state to relax its earlier, more stringent limits in 2016.
Which states do not allow rainwater collection?
There is no state that has a complete prohibition on the collection of rainwater. Precision is necessary for the answer to this question.
States with the strictest structures are:
Colorado: The most restrictive state in the country. Residential owners can collect up to two rain barrels, about 110 gallons, of water. The water should be used exclusively for non-potable purposes outside the house where it was collected (e.g. lawn irrigation, gardening). If you remain within these limits you do not need a permit.
Utah: Individuals can collect rainwater, but are required to register the rainwater collection system with the state if it has a capacity of more than 100 gallons. Maximum collection: 2,500 gallons. Utah’s rainwater harvesting laws are designed to ensure that the water is adequately managed without affecting water rights holders.
Nevada: In Nevada, rainwater harvesting is mostly restricted to water owners. Nevada’s “first in time, first in right” doctrine is one of the most strict in the West.
Kansas: Harvesting rainwater is permitted, but subject to a water right permit for non-domestic purposes. The exception is water used solely for domestic purposes, that is, water primarily used for the household, watering livestock on pasture, or watering up to two acres of lawn and gardens.
There are no statewide volume restrictions for residential rainwater collection in all other states, including high-population states, such as California, Florida, Texas, Ohio, Michigan, Indiana, Virginia, Tennessee and Arizona.
Where is it illegal to collect rainwater? Local considerations and HOA
In states that don’t have a statewide ban, local ordinances and homeowners association rules can impose extra restrictions.
Some areas, even HOAs or neighborhoods, might limit the installation of rainwater collection systems.
This local layer of regulation could make it possible for a homeowner in a state that otherwise does not restrict rain barrels or cisterns to have HOA rules against visible rain barrels or cisterns. In addition, certain counties may have specific requirements for cistern covers, especially in areas where standing water poses a mosquito control issue (such as in some states).
An example of such regulation is in the state of Illinois. In 2011, House Bill 991 was passed, which amended the Homeowners Solar Rights Act to mandate a homeowners association to adopt an energy policy statement within 120 days of receiving a request to determine if a rainwater collection system is permissible, and, if it is, where, how, and what are its architectural requirements.
State-by-State Overview: California, Florida, Texas, Ohio, Michigan, Indiana, Virginia, Tennessee, and Arizona
California
There are no state laws in California about rainwater collection, and it is encouraged. SB-558 (2018): New residential rainwater systems are exempted from property taxes. There are no volume limits. California’s Mediterranean climate and water scarcity issues have made the state one of the most proactively supportive of residential rainwater harvesting in the nation.
Florida
Florida has no limits on rain water collection. Florida has riparian water rights that do not limit collection of rainwater, but require connection to the land. The amount of rainfall and recurring flood events in Florida has made the harvesting of rain water a viable and legal activity in all parts of the state.
Texas
Texas is leading the way in rainwater harvesting. Some states, such as Rhode Island, Texas and Virginia, provide a tax credit or exemption for the purchase of equipment used to harvest rainwater. Texas also exempts rainwater harvesting systems from sales tax and mandates that new state buildings look into incorporating rainwater collection systems.
Ohio
There are no regulations or information about rainwater harvesting in Wyoming, North Dakota, South Dakota, Nebraska, Kansas, Louisiana, Wisconsin, Michigan, Indiana, or Ohio. Because Ohio is located in the eastern part of the country, it is subject to riparian water rights doctrine and rainwater collection is not limited.
Michigan
There are no rain water harvesting restrictions or regulations in Michigan. The state of Michigan has no reason to limit the collection of rainwater for residential use due to its rich supply of freshwater resources, including its proximity to the Great Lakes.
Indiana
There are no regulations in Indiana that prohibit the collection of rainwater. In Indiana, residential rainwater collection is completely unregulated at the state level, following the same eastern riparian rights doctrine as is found in Ohio and Michigan.
Virginia
Rainwater harvesting is actively promoted in Virginia through tax incentives. There is a tax credit in Virginia for rainwater harvesting equipment. The Virginia policy is not simply a hands-off approach, but is rather one of active conservation.
Tennessee
Rainwater collection is not limited in volume or required to have a permit in Tennessee. SB 2417/HB 1850 encourages the use of rainwater harvesting as green infrastructure. The only limitation is that the water collected may not be used for potable purposes without treatment.
Arizona
Rainwater harvesting is encouraged in Arizona by tax incentives. Some states offer tax breaks for collecting rainwater (such as Texas and Arizona), and other states, such as Colorado, have regulations on the volume of water that can be stored. Rainwater harvesting is a viable water conservation strategy and a water conservation priority in Arizona because of its desert climate.
Complete State Summary Table
| State | Restriction Level | Volume Limit | Permit Required | Incentives |
| California | None | None | No | Yes (tax exemption) |
| Florida | None | None | No | No |
| Texas | None | None | No | Yes (tax exemption) |
| Ohio | None | None | No | No |
| Michigan | None | None | No | No |
| Indiana | None | None | No | No |
| Virginia | None | None | No | Yes (tax credit) |
| Tennessee | None (no potable use without treatment) | None | No | No |
| Arizona | None | None | No | Yes (tax incentives) |
| Colorado | Very limited | 110 gallons | No (within limit) | No |
| Utah | Limited | 2,500 gallons | Yes (over 100 gal) | No |
| Nevada | Limited | Water rights required | Yes | No |
| Kansas | Limited | Domestic use only | Yes (non-domestic) | No |
| Texas | Encouraged | None | No | Yes |
Why collection of rain water is still considered illegal?
This is due to some states which had previously placed very strict limits on collection. Colorado had a ban on residential rainwater storage until 2009. State permits were needed for Utah until recent reforms. These historical prohibitions have led to the common misconception that rainwater collection is still generally illegal.
This myth became vividly illustrated in an event in Oregon. In 2012, one Oregonian was able to harvest 13 million gallons of rainwater and store it in three reservoirs on his land. He was prosecuted and his case was reported extensively as proof that the collection of rainwater was generally illegal throughout the country. In reality, the case he was involved in was for the building of unauthorized reservoirs on a massive scale, and not home rain barrels, and Oregon laws have since been made much more liberal for home collection.
It is safe to collect rain water in most states. However, the few states that have restrictions and dramatic incidents such as the prosecution of the reservoir in Oregon have fostered a cultural impression that the practice is prevalent. It is not.
Safety Consideration: Can Collected Rainwater be used?
Rainwater, even if legal and encouraged, needs to be cared for before some uses.
Rainwater isn’t really clean. It contains germs and other contaminants such as asbestos, smoke, dust and others.
The Centers for Disease Control and Prevention (CDC) recommend that people take precautions to avoid illness when consuming harvested rainwater. Specifically, rainwater should not be drunk, cooked, or brushed with out filtration and treatment. Most state regulations are based on this concern and mandate that harvested water be treated before it is used for potable applications.
Untreated harvested rainwater may be used for flushing toilets, watering lawns and gardens, washing cars, and cleaning outside areas.
Collecting Rainwater Legally – Practical steps:
Investigate state and local legislation. Each state has different rainwater harvesting regulations. If it is permitted in your state, review the ordinance or rules of your city or HOA to make sure it is in compliance.
To ensure complete legal compliance, the following steps should be taken before establishing a system:
- Find out what your state’s laws are regarding rainwater harvesting by looking on your state’s legislative website.
- Check to see if there are any county ordinances in addition to the state ordinance
- If you live in a planned community, review your governing documents at the HOA.
- Verify that your intended use (potable or non-potable) will impact the rules you are using.
- Determine if your state has tax breaks that would cover the costs of installing a system.
- Make sure your cistern is properly covered (required in a number of states, such as Louisiana)
In states without a statewide rainwater collection program, some counties provide incentives for rainwater collection. Research at the county level prior to installation can uncover rebate opportunities that are not identified at the state level.
Expert and Legal Perspectives
The National Conference of State Legislatures reports that rainwater or rainwater harvesting can impact water quality, public safety and water rights. Yes, water rights exist! If a real property is located near a body of water, water rights may be attached to the ownership of the real property.
Any kind of rain water collectors, from gutters on your roof to any other rain water drain control, violates the water rights that are legally held by someone down stream in prior appropriation states, according to a journal published by the University of North Carolina, “Rainwater Collection, Water Law, and Climate Change: A Flood of Problems Waiting to Happen”. This may not seem like a big deal, but for areas experiencing droughts or any other water worries, legislation such as this can be necessary.
The Federal Energy Management Program created a map that details each state’s rainwater collection rules. The map also indicates whether or not harvesting is encouraged or incentivized, offering a current reference point for homeowners and businesses to check with the state to determine if harvesting is allowed.
Conclusion
There is no law anywhere in the U.S. that prohibits rainwater collection. Rainwater collection is legal in all 50 states, and for a typical residential rain barrel (under a gutter), no permit is required anywhere in the United States. There is no current law that dictates that rainwater collection is widely illegal. This is due to old laws in a few Western states that have been significantly loosened, and from spectacular law enforcement actions that targeted unauthorized reservoir construction and not typical home rain barrel installation.
The states with the most significant current restrictions are Colorado (110 gallons per residence), Utah (2,500 gallons and must be registered for systems > 100 gallons), and Nevada (generally limited to water rights holders). All other states, including the high population states of California, Florida, Texas, Ohio, Michigan, Indiana, Virginia, Tennessee and Arizona, do not have a statewide volume limit for residential rainwater collection. Texas, Arizona and Virginia take it a step further by actively offering tax incentives for homeowners who install collection systems.
The best thing to do before installing any rainwater collection system is to find out what existing laws are in your area, consult your county and city ordinances, and read your HOA rules if you have one. The trend of increased permissiveness and active promotion of residential rainwater harvesting is continuing across the country and is unlikely to change.
Frequently Asked Questions
1. Can rainwater be collected in a cistern?
Yes, it’s legal in all 50 states to collect rainwater. It is not prohibited in any state. Some states, mainly Colorado, Utah and Nevada, have volume restrictions or registration requirements, but no American homeowner is barred from collecting rainwater altogether.
2. Why is it that some states prohibit the collection of rainwater?
It is not illegal anywhere, but some western states have restrictions due to the doctrine of prior appropriation water rights. Under this legislation, the water belongs to the first person to claim it, not the land on which it falls. Prior appropriation was created to safeguard the rights of downstream water users against upstream water being diverted.
3. What states is it illegal to collect rainwater in?
No state has completely banned it. Colorado is the strictest with a limit of 110 gallons for residents. Utah limits the number of gallons of caps collected to 2,500 gallons and mandates registration for systems with more than 100 gallons. In Nevada, collection is mostly limited to water rights holders. All other states (California, Florida, Texas, Ohio, Michigan, Indiana, Virginia, Tennessee and Arizona) do not have any statewide volume restrictions for residential collections.
4. In which of these places is it illegal to gather rainwater?
It is not 100% banned anywhere in the United States. At the state level, Colorado, Utah, and Nevada are the most restrictive states for rainwater collection. Even if state law provides for these types of restrictions, local HOA rules or county ordinances can add more restrictions in any state.
5. May I drink rainwater that I have collected?
Most states permit collection, but limit potable use without treatment. CDC and state health officials always recommend that rainwater collected, even in states that permit rainwater collection, not be used for drinking, cooking or brushing teeth without filtration and disinfection treatment.
6. In what states is there an incentive for collecting rain water?
Tax credits or exemptions for rainwater harvesting equipment are available in Texas, Arizona, Virginia and Rhode Island. SB-558 exempts new residential rainwater systems from property taxes in California. Local rebates are offered in some counties in states with no state programs. The Federal Energy Management Program has a map of state-level incentives.
