Legal Question: Water Reuse in Colorado

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SixDigits

SixDigits

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Denver, Colorado
I'm trying to determine if it is legal to capture and reuse the 20+ gallons of water I'm using to chill wort. I know it is illegal to capture rain water in Colorado, but it seems that the law has been misinterpreted to mean that rain barrels are illegal. I'd like to use a rain barrel to capture and store the water that is going through my plate chiller. There are also some laws about using graywater, but I haven't a clear definition of graywater.

Any legal experts out there that can clear this up?
 
What the what? Got a link to said law?

(And is it legal to use rain water in your bong in CO?)
 
Not a legal expert, but I am a CO resident. I have heard/read that it is illegal to capture rain water. This is due to water rights issues and the law being that rain water technically belongs to those who own the various water rights in the area and non-owners are not legally allowed to interfere with runoff from precipitation. Or something like that. At any rate, if Joe homeowner decides to capture a little rain water in a barrel in his back yard, I seriously doubt the rainwater cops are going to be knocking on his door. I'd be willing to bet that Colorado is not unique and that most states have similar laws, which may or may not be enforced to much degree.

Regarding water from your taps, on the other hand, that's a different story. It's your water. You're paying for it. You can use/re-use/store it as you please.

At least, this is how I understand it. I could be all wet (see what I did there?).
 
Aileen said:
It is illegal in Colorado to gather rain water or re-use graywater, but I agree with LLBeanJ that most likely no one is going to knock on your door to stop you from reusing your wort chilling water.
http://water.state.co.us/SURFACEWATER/SWRIGHTS/Pages/RainwaterGraywater.aspx
Click to expand...

There's also this...

"4. For water users that rely on municipal water supplies, the Division of Water Resources does not regulate the reuse of gray water within the municipal system. If water is reused or re-circulated as a part of residential, commercial, or industrial operations, and that reuse or recirculation takes place within the confines of that operation, that is, there is no reuse of water after it leaves the site, there is no water rights conflict. This is based on an assumption that the water right allows Municipal uses, or Residential, Commercial, and Industrial uses, and due to the fact that, if certain reuse or recirculation systems are used in a residential, commercial, or industrial operation, they are by definition Residential, Commercial, or Industrial uses."
 
I live in Golden and have a CFC. I just run the 'out' end of my CFC to a sprinkler and give a little water to lawn. In the winter I just put the 'out' hose in the lawn and just let er rip.
 
Aileen said:
It is illegal in Colorado to gather rain water or re-use graywater, but I agree with LLBeanJ that most likely no one is going to knock on your door to stop you from reusing your wort chilling water.
http://water.state.co.us/SURFACEWATER/SWRIGHTS/Pages/RainwaterGraywater.aspx
Click to expand...

what drives me nuts is: I'm not allowed to collect rain water that falls on my property (because it's not mine due to water rights), but i have to pay a storm water collection fee to maintain the storm sewers. Since it's not my water to collect, why do i have to pay to maintain the storm sewers , get the money from who ever owns the water rights....
 
Woof. I went to DU, loved the Colorado of the early 70s. Worked in the Ore House up in Vail during winters and did the school thing in summer to make up for it. I've been back a few times and compared to distant memories, the place looked overrun by humanity - I was stunned by the all the development from the eastern slope all the way into mid-divide. There are whole cities where I used to ride horses up around Eagle.

Anyway, the whole south western water rights thing is huge on so many levels, and with whatever is going on with the climate, things out there could go pear shaped in an equally huge manner. The only way out is to build the Intercontinental Siphon Line from the Great Lakes down to San Diego, with taps along the way...

Cheers! (only half joking ;))
 
I always wonder about this law. After all, if you capture water in a rain barrel, you are going to use it to water your plants, lawn, etc., It ends up back in the water ecosystem anyhow. And I would think rain barrels don't allow for much evaporation, especially compared to the evaporation of water in a lawn, field, etc.

Just more government overreach.
 
Dont do it!! There are currently camera equiped drones flying above your property waiting for you to capture that runoff from your CF chiller... The powers that be will not let it happen!!

To be safe, you should plumb it directly into your drain system, then there will be no evidence. :pot smoking emoticon:
 
Sorry, that water belongs to California. We need to cool our wort too, you know. And if after all our wort is as cold as we can get it, and if there is any water left over, we may let Arizona or Nevada have a little.
 
mhurst111 said:
what drives me nuts is: I'm not allowed to collect rain water that falls on my property (because it's not mine due to water rights), but i have to pay a storm water collection fee to maintain the storm sewers. Since it's not my water to collect, why do i have to pay to maintain the storm sewers , get the money from who ever owns the water rights....
Click to expand...

Because one hole isn't enough. They want to get you in both.

I'm pretty sure this law is in place to assure people aren't creating their own reservoirs. Im pretty sure it's not about rain barrels for watering your lawn.

I'm in Portland, Or. And some dude built some "illegal" lakes on his property. The city got all over him about this exact thing. They owned the rights to the water, and he wasn't allowed to keep his lakes.
 
In Portland? Don't you have plenty of water to go around? Someone is getting greedy.

...send water...so thirsty.
 
Singletrack said:
Sorry, that water belongs to California. We need to cool our wort too, you know. And if after all our wort is as cold as we can get it, and if there is any water left over, we may let Arizona or Nevada have a little.
Click to expand...

wrong side of the divide - the water that falls on my property heads east. :)

maybe i should send Nebraska and Arkansas my storm sewer collection bill or a ' water moving fee' for moving their water when it falls on my driveway in the form of snow (i.e. shoveling).

as someone else mentioned in this thread, after growing up in the mid-west, the water rights laws out here are just plain weird. but i wouldn't move back unless there was a gun to my head, and then i'd still have to think about it. :D
 
Teromous said:
Does CO require a license to piss in the woods? I mean...the added moisture content could cause excessive soil erosion and the smell of urine could impact the migratory patterns of raccoons.
Click to expand...

I was wondering if it would be legal to drink water in Colorado, then get on a plane and take a leak in New York?
 
agrazela said:
I was wondering if it would be legal to drink water in Colorado, then get on a plane and take a leak in New York?
Click to expand...

That's grand theft water. And you're crossing state lines with the stolen goods. You don't want to mess with that kind of felony.

Don't bother getting your water tested either. Penalties are even more harsh using the mail companies to distribute the stolen goods.

We're talking serious time for a serious crime, man.
 
For what it is worth, and despite all the legal-BS, I have 2 rain barrels in my yard, and a separate barrel to collect wort-chilling water.

City inspectors have been by to chat about brewing, inspect construction, check meters, and not a single word from them about the barrels.

Fingers crossed though...now that I have said that out loud, some anal, ticket-happy jerk from the city will stop by.

You can get a permit to collect rain water if your main water supply is a well.
 
ColoHox said:
For what it is worth, and despite all the legal-BS, I have 2 rain barrels in my yard, and a separate barrel to collect wort-chilling water.

City inspectors have been by to chat about brewing, inspect construction, check meters, and not a single word from them about the barrels.

Fingers crossed though...now that I have said that out loud, some anal, ticket-happy jerk from the city will stop by.
Click to expand...
I agree - it's meant more for ranchers and farmers to prevent them from creating lakes where none existed. Its just one of my pet peeves with water rights that i have to pay to have 'my' storm water collected in the storm sewers, but legally i can't collect it.
 
Unless you're using rainwater for your IC I'd say you're good to go!

Remember, this advice is only worth half of what you paid for it!
 
I sat on a panel with people from Colorado, Idaho, Washington, Oregon, Utah, and New Mexico last year regarding municipal and industrial reuse. Water rights and water reuse laws vary widely from State to State in the west.

I assumed that Colorado made a de minimis law for individual homeowners the way Utah did a few years back.

The the Fed must be exempt from the water rights law. I know the EPA building downtown is certified LEED Gold and you can only get a rating above Silver if you have water reuse.

If the water is coming out your tap, the expectation is that it's either going on your lawn or going down your sewer. If you aren't building a lake on your property, nobody is going to care.
 
I would think a small barrel would not be an issue but call the local water board. I read about a person getting fined here in Oregon but had collected 13 million gallons of water. That is 400 by 500 by 10 feet deep pond.
 
The west can keep their hands off our lake water. Not kidding it makes great beer.
 
I've heard about the laws against rain barrels in states out west. Seems asinine. Am I correct in my understanding that the water companies have successfully managed to convince lawmakers that they essentially own the rain?
 
dk21 said:
Am I correct in my understanding that the water companies have successfully managed to convince lawmakers that they essentially own the rain?
Click to expand...

No, as I understand it, the State of Colorado maintains that it owns the rain (and snow), which gives it the right to lease water rights to various entities, including towns, cities, municipal water districts, and irrigation ditch companies.
 
I agree. It just seems totally illogical to claim they own the "air rights" as well. Laying claim to rain water precipitating from the air, that's essentially what they're doing. And YOU own the rain that precipitates on MY land? BS on that crap. Let'em come after me & see what union lawyers have to say. I get how they want what runs off your land to go to their source for cows, farms, etc. But it's not like rivers, lakes, etc will dry up if I collect some of my own from my own rain gutters. Sheez...:confused:
 
unionrdr said:
I agree. It just seems totally illogical to claim they own the "air rights" as well. Laying claim to rain water precipitating from the air, that's essentially what they're doing. And YOU own the rain that precipitates on MY land? BS on that crap. Let'em come after me & see what union lawyers have to say. I get how they want what runs off your land to go to their source for cows, farms, etc. But it's not like rivers, lakes, etc will dry up if I collect some of my own from my own rain gutters. Sheez...:confused:
Click to expand...

Being in the midwest, I can't relate to this either.

But if you have a big enough gutter and take enough of the water, the rivers and lakes will in fact dry up downstream.

That is exactly what is happening out west.

Now you could argue they're being heavy-handed and don't always have the best interest at heart. But these are politicians we're talking about . . . :D :drunk:
 
Yeah, true enough. but it just seems like a form of infringement to say you own my "air rights" where water precipitation is concerned. Not to mention, it would take a lot of homes catching rainwater to have that kind of effect. We had a cistern under the back pad to collect rainwater from the gutter system in Cinci. The creek on the property line wasn't effected in the least. It even had Gammarus thriving in it my cichlids loved. They're a species of hard-shelled fresh water brine shrimp.
 
Water policy in the west is complicated and full of power struggles. Each states water policy is different and based on the state's superior court. Just do a google search for "Water policy" and add a state name.

The West drying up has less to do with rain barrels and more to do with American greed and waste. People were not meant to grow f#$%ing cotton in the desert sands of the southwest.

Just like most unenforced things it is all about scale. If you are harvesting 50 gallons here and there no one cares. But if you are saving tens of thousands of gallons you'll get someone attention eventually. Everyone needs water and if my neighbor dams the creek upstream from me and I can't get water I am ready to kill him. The only difference between the creek and the rain barrel is scale.
 
Yeah. Scale would indeed be the question here. Maybe they should have some kind of limiting proviso pertaining to the amount you can catch & reuse? I remember episodes of Bonanza where this daming, etc came up. I guess they're as concerned about it now as the mid-19th century? Perhaps these laws stem from that time period?
 
Well, it's not technically grey water until it's been mixed with something. As long as your IC is connected on one end to the faucet and the other on the barrel all you have is a heat exchanger before your potable water storage tank. Nothing to see here folks, move along....

Then again, I can't see their legal justification against rain barrels anyway. You are in fact returning the water to the water shed right? So whomever owns the water rights still receives the same amount of rain water as if it had run out the downspout when it rained. You simply extended the time between precipitation and return. Now if you sold said rain I could see an issue.
Are Native Americans exempt as part of a treaty? I mean technically Mother Sky has provided them the rain, it's not like the local water authority put that water into the clouds to begin with...
 
That's my basic point of contention. They'll get it back one way or another sooner or later. Besides the fact that you can't control when it rains, where & how much. It's provided by nature, not some conglomerate. It's not like hording or anything. It gets used somehow & returned to the system of nature.
 

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