El Paso County, CO Landscaping Rules: Rainwater Harvesting (2026)

Rainwater collection in El Paso County operates under strict Colorado water law. Under the Prior Appropriation Doctrine (CO Constitution), precipitation belongs to downstream water-rights holders — historically making all rainwater capture illegal. HB 16-1005 (2016), codified at C.R.S. §37-96.5-103, created a narrow exemption: single-family residences and multi-family up to 4 units may collect precipitation in up to two 55-gallon barrels (110 gallons combined) from rooftops only. Water may only be used on the property where collected for outdoor purposes (garden, lawn, landscaping) — not for drinking, indoor plumbing, or livestock. Colorado Springs Utilities is the water provider for most of the region and receives its water rights from the Colorado River, Arkansas River, and South Platte basins via the Homestake and Twin Lakes projects. Exceeding 110 gallons without a separate water right is a water-law violation enforceable through Division 2 Water Court (Pueblo). Commercial agricultural operations need substitute water supply plans. Rooftop cisterns, larger collection tanks, and non-residential systems are illegal without decreed water rights. HOAs in master-planned communities generally allow the 2-barrel setup but may require aesthetic screening. The restrictive regime reflects Colorado's long-standing downstream-state obligations to Kansas, Nebraska, and New Mexico.