Kansas Statewide Rule
Kansas Rainwater Harvesting Allowed Statewide
Key Facts
- Rooftop collection
- Allowed without permit
- Common uses
- Irrigation, livestock
- Stream diversion
- Permit required
- Indoor reuse
- Plumbing code applies
- Regulating agency
- KDA-DWR
Summary
Kansas permits rainwater harvesting on private property without state-level restrictions. The Kansas Water Appropriation Act exempts captured rainwater from water-right permitting when collected from impervious surfaces for on-site, non-potable use, making collection broadly legal across the state.
(a) Except for the appropriation of water for the purpose of domestic use, the production and return of salt water in connection with the operation of oil and gas wells in accordance with the written approval granted therefor by the Kansas corporation commission pursuant to K.S.A. 55-901, and amendments thereto, the withdrawal and use of water in accordance with provisions of K.S.A. 82a-1313, and amendments thereto, and the annual diversion and beneficial use of not more than 15 acre feet of surface water impounded in any reservoir having a total water volume of less than 15 acre feet, it shall be unlawful for any person to appropriate or threaten to appropriate water from any source without first applying for and obtaining a permit to appropriate water in accordance with the provisions of chapter 7 of article 82a of the Kansas Statutes Annotated and acts amendatory thereof or supplemental thereto or, for any person to violate any condition of a vested right, appropriation right or an approved application for a permit to appropriate water for beneficial use.
Full Breakdown
The Kansas Department of Agriculture, Division of Water Resources, has long interpreted the Water Appropriation Act (K.S.A. 82a-701 et seq.) to exclude rainwater collected from rooftops and impervious surfaces from the definition of regulated 'water of the state.' Property owners may install rain barrels, cisterns, and larger harvesting systems for landscape irrigation, gardening, livestock, and other non-potable uses without water-right permits. Diversion of natural watercourses or surface flows still requires appropriation permits. Local plumbing and building codes may govern indoor connections, especially when systems are plumbed for potable or non-potable indoor reuse.
Violations & Penalties
Improper diversion of streams or surface water without permits violates K.S.A. 82a-705, with penalties including injunction and civil fines. Properly installed rooftop systems generally face no enforcement risk.
Frequently Asked Questions
Is rainwater harvesting legal in Kansas?
Do I need a permit for a rain barrel in Kansas?
Can I use harvested rainwater for drinking?
Sources
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