There is no law against rainwater harvesting in any part of America. All states allow residents to harvest rain for their own use, and there is no federal law that deals with rainwater harvesting. This stubborn notion that it is illegal is almost entirely due to a handful of western states where the water rights system is peculiar, such as Colorado, and a much misunderstood court case in Oregon. The vast majority of Americans will never have to obtain a permit, registration, or second thought to install a rain barrel under a gutter.
Key Takeaways
- It is legal to collect rainwater in the United States. In 2026, there are no federal laws or state laws that prohibit the practice.
- The notion that it’s illegal goes back to a few Western states, primarily Colorado, that limited collection for more than 100 years before a change in the law in 2016.
- A well-known Oregon case is often referenced as an example of a rainwater ban, but this was a case of diverting water from streams, not rain barrels.
- About three-fourths of states have no restrictions on residential rainwater collection.
- Only a few states have actual limits, primarily Colorado, Utah and Nevada, and these limit volume, or mandate registration instead of prohibition.
Where the “Illegal in America” Myth Came From
There is a true historical basis for the myth, though it’s exaggerated today. As the West expanded in the 1800s, the doctrine of water law emerged in the arid states, which was encapsulated in the phrase “first in time, first in right. In this system, the first person to record the use of a river or stream had a right to the water, which included any water that fell as rain and that became available as runoff. If a landowner was able to capture rainwater before it reached a stream, in theory, he or she could be decreasing the water supply to a downstream right holder who had already claimed it decades ago.
This system was adopted in many western states, including Colorado, Utah, Nevada and parts of other states, and the rest of the country adopted another system known as riparian rights, which held that a landowner’s reasonable use of water on his or her own land, even if it is rainwater falling on his roof, was an ordinary right that did not require state permission. The myth of a nationwide rainwater ban stems from the belief that the ban was imposed across the country when in fact it was only imposed in a narrow band of states, and even there, only to a certain extent.
The Truth Behind Colorado’s Rain Barrel Ban
Only one state deserves its reputation: Colorado. Colorado has long banned the use of rainwater collected on private property, and a rain barrel is essentially an illegal diversion from a stream. The law was not enforced against the average homeowner, and by the 2000s it was well known that it was ignored, and rain barrels were openly sold in Colorado garden stores in violation of the law.
In 2009, Colorado’s legislature made an exception to the ban for some households with approved wells, and in 2016, House Bill 16-1005 finally broadened the ban. It was a law that legalized residential collection statewide, but there were still some real limits: A maximum of 110 gallons of storage in no more than two rain barrels, and the water could only be used for outdoor irrigation. Today, Colorado is the strictest state in the nation, but not a ban.
The Oregon Case That Begat the Myth
The case of Gary Harrington, an Oregon resident who was sentenced to jail time in 2012 for collecting rainwater, is one of the many stories that has fueled the myth of “rainwater is illegal.The case of Gary Harrington, who was sentenced to jail time in 2012 for collecting rainwater, is just one of the numerous stories that has been used to spread the “rainwater is illegal” myth. The case is often reported in such a manner that it appears that a man was arrested for placing a bucket under his gutter. In reality, the facts were quite different and significantly larger.
Harrington constructed three reservoirs on his land to collect runoff and divert water from streams, a diversion much larger than what was permitted by Oregon law and was without water rights. The case was brought by Oregon officials through the state’s water rights enforcement system, rather than a rainwater-specific statute that would apply to homeowners. Oregon has never limited an ordinary rain barrel and the Oregon statute clearly excludes rooftop rainwater that is collected before it reaches the ground from the water rights permit system. The case became a shorthand for “rainwater is illegal,” even though the size of the water diversion that the case involved was beyond the scale of any residential rain barrel owner would venture.
What the U.S. Law actually Says about Rainwater Today
The United States does not have a federal law about residential rainwater collection. Regulation is state and local only, so that’s the reason for the patchwork that causes confusion. There are three levels of practical reality.
| Tier | What It Means | Which States |
| No restrictions | No permit, no volume cap, collection actively encouraged in most | The large majority of states, including California, Texas, Florida, Ohio, Georgia, Indiana, Tennessee, Virginia, Arizona, Michigan, and Oregon |
| Registered or capped | Legal, but volume limits or registration apply | Colorado (110-gallon cap), Utah (2,500-gallon cap with registration) |
| Case-by-case approval | Legal, but requires a waiver or review before collecting | Nevada |
Even in the second and third tiers, the underlying activity is legal. What differs is whether a homeowner needs to fill out paperwork or stay under a specific volume before doing it.
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How to Check the Actual Rules Where You Live
Rainwater law varies from state to state and, in some cases, city to city and county to county, so the only way to determine the rules for a particular property is to check the state’s regulations directly, not to assume that the rules are the same as in “the West” or “certain states. We’ve compiled all of the current regulations for the United States in one place in our full US rainwater collection guide. See our detailed guides to California, Texas, Florida, Ohio, Georgia, Indiana, Colorado, Oregon, and Michigan for a closer look at these specific states.
Conclusion
The notion that it’s illegal to collect rainwater in America is another persistent element of Internet folklore, but it’s never been true. One state’s century-long restriction and one court case that was dramatically misinterpreted created a reputation that was never matched in the other 49 states. The law today is clear, nearly everywhere: collect the rain and water your own garden, then get on with your day. The only step to take before putting in place anything larger than a standard rain barrel is to make sure you know the particular rules in your state; the exceptions that do exist are real, but they are not as common as they’re made out to be.
Frequently Asked Questions
1. Is rain water harvesting illegal in the USA?
No. Rainwater collection is legal in all the United States. There is no federal prohibition, and all states allow some type of residential collection, with a few states having volume restrictions or registration.
2. Why is it that people believe it is illegal to collect rainwater in the USA?
The myth goes back primarily to the restrictions on rainwater in Colorado, which endured for more than a century until the reform in 2016, and to an Oregon court case with a big water diversion that wasn’t a rain barrel.
3. Did anyone get arrested for collecting rainwater in America?
A popular tale is of an Oregon man who was convicted in 2012, but the story is not about a rain barrel, but about three large reservoirs that were constructed from diverted stream and runoff water without the necessary water rights.
4. What are the actual restrictions on rainwater collection in the USA?
The states with significant limits are primarily Colorado, Utah, and Nevada. Colorado limits residential collection to 110 gallons, Utah limits to 2,500 gallons (upon registration) and Nevada requires approval by the State Engineer before collection begins.
5. Is there any place in the United States where I can get a rainwater collection permit?
Yes in most states. Most states, such as California, Texas, Florida, Ohio, Georgia, Indiana, Tennessee, Virginia, Arizona, Michigan, and Oregon, permit residential collection without a permit and without a volume limit.
