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California Statewide Rule

California Rainwater Capture Act Allows Harvesting Without Permit

Few RestrictionsApplies statewide across California (2026)

Key Facts

Statute
Water Code 10573
Permit needed
No for rooftop barrels
Use
Non-potable outdoor only
Code reference
Title 24 Part 5 Ch 17
Last verified: September 5, 2026Source: California Water Code 10573

Summary

The 2012 Rainwater Capture Act allows California residents to capture rainwater from rooftops for non-potable outdoor use without a state water-right permit, preempting most local barriers.

Use of rainwater collected from rooftops does not require a water right permit pursuant to Section 1201.

Source: California Water Code 10573View official code

Full Breakdown

Water Code sections 10573-10574 authorize property owners to install and operate rain barrels and cisterns that collect rooftop runoff for landscape irrigation without obtaining a state water-rights appropriation. Local building permits may apply for systems above 5,000 gallons or those connected to plumbing, but cities cannot ban basic rain barrel use. The Plumbing Code (Title 24, Part 5, Chapter 17) sets uniform standards when potable cross-connections exist, ensuring statewide consistency.

Violations & Penalties

Improper potable cross-connections may trigger health code enforcement and require system disconnection or correction.

Frequently Asked Questions

Do I need a state water right to collect rain?
No. The Rainwater Capture Act exempts rooftop rainwater collected on the property where it falls from the appropriative water rights system.
Can a city ban rain barrels entirely?
No. State law authorizes residential rooftop capture, though cities may regulate large cisterns, plumbing connections, and structural permits.

Sources

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