Colorado HB 16-1005 legalized limited residential rainwater harvesting statewide. Arapahoe County residents may collect up to 110 gallons in max two barrels, outdoor irrigation use only. Prior Appropriation Doctrine still governsβcommercial or larger collection requires water right. Cherry Creek watershed adds protections.
Colorado's water law is governed by the Prior Appropriation Doctrine (CO Constitution Article XVI Β§5-6), the strictest water-rights system in the U.S. Historically, all precipitation was tied to downstream water rights holders, making unpermitted rainwater collection illegal. HB 16-1005 (2016) created the limited residential exception: single-family residences and multi-family up to 4 units may collect rainwater in two rain barrels with combined capacity not exceeding 110 gallons. Collected water may only be used for outdoor purposes on the same propertyβlawn, garden, landscape irrigation. Indoor use is prohibited. Commercial properties, larger multi-family buildings, and industrial users require a water right or substitute water supply plan approved by Colorado Division of Water Resources. Cherry Creek Reservoir and watershed receive heightened protection under 5 CCR 1002-72, which may further restrict collection affecting reservoir inflows in some cases. Arapahoe County residents purchase water from Denver Water, Aurora Water, Centennial Water and Sanitation, Southgate, and other providersβall following 2-day/week irrigation schedules during summer. HB 19-1050 protects xeriscape and HB 21-1052 protects water-smart landscaping in HOAs.
Exceeding 110-gallon limit: water law violation subject to Colorado Division of Water Resources enforcement. Commercial collection without right: water court action, fines, and water diversion shut-off orders. Willful violation: misdemeanor possible.
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See how Arapahoe County's rainwater harvesting rules stack up against other locations.
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