{"id":3311,"date":"2023-05-25T19:31:07","date_gmt":"2023-05-26T01:31:07","guid":{"rendered":"https:\/\/www.ntotank.com\/blog\/?p=3311"},"modified":"2025-02-19T13:53:18","modified_gmt":"2025-02-19T19:53:18","slug":"where-is-rainwater-harvesting-restricted-and-encouraged","status":"publish","type":"post","link":"https:\/\/www.ntotank.com\/blog\/where-is-rainwater-harvesting-restricted-and-encouraged","title":{"rendered":"Water Rights: Where is Rainwater Harvesting Restricted and Encouraged"},"content":{"rendered":"\n
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In the United States, the collection of a freshwater resource is often connected to a principle known as water rights. In general, there are two main types of water rights categorized by the U.S. government that can affect a resident\u2019s rights and ability to use the water in the region. These main water rights categories are riparian and prior-appropriation<\/strong><\/a>. Each individual state belongs to a category, or a mix of the two, and can then issue more laws or regulations for residents regarding the region\u2019s water.<\/p>\n\n\n\n

The concept of water rights applies mainly to surface waters and groundwater resources. However, there are a few U.S. states that apply similar governance to rainwater harvesting rights. Residents in these select states must abide by state legislature and regulations when harvesting rainwater on their property. <\/p>\n\n\n\n

On the other hand, there are many states that actively support and encourage rainwater harvesting practice. In these states, there may be financial support incentives and rebates, tax breaks, rain barrel programs, or support funds.<\/p>\n\n\n\n

In this post, we will look at states in the U.S. where rainwater harvesting is restricted and where the practice is encouraged. As an overview, there are more U.S. states that encourage rainwater harvesting than those with restrictions. <\/p>\n\n\n\n

States Where Rainwater Harvesting is Restricted<\/h2>\n\n\n\n
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First, let\u2019s define the word restricted. Restricted does not mean prohibited, it simply means there are limitations, regulations, or requirements set in place for the activity. Prohibited, on the other hand, means a complete denial of practice and it is not allowed. <\/p>\n\n\n\n

Across all fifty states of the U.S., there is not a single state that prohibits the practice of rainwater harvesting. The State of Colorado used to prohibit rainwater harvesting, but this changed with 2016 Legislature House Bill 16-1005. Now, the practice is only restricted. <\/p>\n\n\n\n

There are only two U.S. states with laws and regulations that restrict the practice of rainwater harvesting for residents of the state. The states where rainwater harvesting is restricted are:<\/p>\n\n\n\n

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  1. Colorado<\/li>\n\n\n\n
  2. Utah<\/li>\n<\/ol>\n\n\n\n

    Note that these are western states in the most arid region of the country. <\/p>\n\n\n\n

    Colorado <\/h3>\n\n\n\n
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    The State of Colorado restricts the volume of rainwater that can be harvested and stored at one time by land and property owners. Current Colorado legislation<\/strong><\/a> limits a rainwater harvesting system to 110 gallons maximum through the use of no more than two containers, such as 55 gallon rain barrels.<\/p>\n<\/div>\n<\/div>\n\n\n\n

    Legislation also says the water must be both collected and used on the property where the rain falls for outdoor activities such as irrigation and cannot be used for drinking or indoor applications. <\/p>\n\n\n\n

    The reasons for Colorado\u2019s rain harvesting restrictions can be attributed to the state\u2019s roots in prior-appropriation water rights and its overall low rainfall. After performing research, the state concluded that rainwater harvesting was unlikely to impact the water rights (and therefore violate prior-appropriation) of individuals downstream of an upstream collector. The State of Colorado would seem to be changing their outlook concerning rainwater harvesting and the practice may very well become less restricted in the future. <\/p>\n\n\n\n

    Utah <\/h3>\n\n\n\n
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    Similar to Colorado, the State of Utah restricts the total volume of rainwater a property owner can collect. As of 2013 and the amended law code 73-3-1.5<\/strong><\/a>, Utah residents can collect and store up to 2,500 gallons maximum.<\/p>\n<\/div>\n<\/div>\n\n\n\n

    Per the State\u2019s government, any rainwater system using cisterns with a collective volume over 100 gallons or more than two containers must be registered, fee-free, with the state. The harvested rainwater must be used on the property of the owner where it was collected and it must be put to beneficial use as defined by the state.<\/p>\n\n\n\n

    Again, the reasoning for the regulation and requirements can be attributed to the state\u2019s water rights history and low annual rainfall. <\/p>\n\n\n\n

    Final Thoughts <\/h3>\n\n\n\n

    The use of harvested rainwater to supply water for indoor potable and non-potable activities is a different consideration than the practice itself. At the time of this writing, using rainwater for these applications is only just gaining attention and traction in the United States, while it is actively employed in other parts of the world such as Australia, Germany, and India. With this said, standards and guidelines for indoor rainwater systems are finding their way into the International Plumbing Code (IPC) and state building codes.  <\/p>\n\n\n\n

    States Where Rainwater Harvesting is Encouraged<\/h2>\n\n\n\n
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    Similar to the last section on states where rainwater harvesting is restricted, let\u2019s first define what is meant by encouraged. Here, encouraged is used to mean support programs or financial incentives are active and can be found in the resident state. We make this distinction as there are only the two states, Colorado and Utah, that currently place restrictions on rainwater harvesting, meaning the practice could be considered \u201cencouraged\u201d in the remaining forty-eight. <\/p>\n\n\n\n

    When considering support programs, history, familiarity or availability of supplies, there are four states that make the top of our list of states where rainwater harvesting is encouraged. These states are:<\/p>\n\n\n\n

      \n
    1. Texas<\/li>\n\n\n\n
    2. Arizona<\/li>\n\n\n\n
    3. California<\/li>\n\n\n\n
    4. Hawaii<\/li>\n<\/ol>\n\n\n\n

      Texas<\/h3>\n\n\n\n
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      In some considerations, the State of Texas leads the way with encouraging and supporting the practice of rainwater harvesting<\/strong><\/a>. First, Texas has many support programs such as rebates, tax breaks, and purchase programs. Due to the large area of Texas and tradition in agriculture, ranches, and homesteading, the state could be said to have a history in water sourcing, self-sufficiency, and independence.<\/p>\n<\/div>\n<\/div>\n\n\n\n

      As a center for international distribution, many of the supplies needed to set up a rain harvesting system are readily available. There are even several manufacturers of rain containers located in the State of Texas. As a nationwide provider of storage containers, including both metal and poly rainwater tanks<\/strong><\/a>, we have many products that ship directly from Texas.<\/p>\n\n\n\n

      Arizona<\/h3>\n\n\n\n
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      The State of Arizona is easily second on our list. The practice of using rain barrels and using other water conservation techniques are popular in Arizona. Since 2010, the City of Tucson<\/strong><\/a> has required commercial properties that perform landscape irrigation to provide at least 50% of the water from alternative sources such as rainwater harvesting.\u00a0<\/p>\n<\/div>\n<\/div>\n\n\n\n

      There are rainwater harvesting experts that reside in Arizona, professional installation companies, and the state\u2019s proximity to Texas lowers shipping costs of many products including rain tanks. The state has a tiered grant program that offers money back on qualifying new rainwater systems. Cities in Arizona also have rebate programs in place to help residents purchase a rainwater setup and begin harvesting the rain. <\/p>\n\n\n\n

      California<\/h3>\n\n\n\n
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      Rainwater harvesting is both popular and encouraged in the State of California. This can likely be attributed to the water concerns often experienced in the state and the need for conservation efforts. Several cities and water districts in California are known to encourage and support the practice through rain barrel purchase programs. <\/p>\n<\/div>\n<\/div>\n\n\n\n

      Hawaii<\/h3>\n\n\n\n
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      Hawaii makes the list due to the state\u2019s location as an island, state-supported information, and its history in practicing rainwater harvesting. Hawaiian residents have long used rainwater harvesting to support the supply of water as freshwater could be considered fairly limited. The Hawaii State Department of Health<\/strong><\/a> has much information on and that encourages rainwater harvesting even for indoor, potable uses.\u00a0<\/p>\n<\/div>\n<\/div>\n\n\n\n

      For more information and an overview of states that encourage or restrict rainwater harvesting in the U.S., see this interactive map from the Federal Energy Management Program (FEMP)<\/strong><\/a>.<\/p>\n\n\n\n

      Types of Rainwater Harvesting Support<\/h3>\n\n\n\n

      For the states that encourage rainwater harvesting, there are four types of support that can be available. The support can be available for individuals or businesses and is often intended to help offset the cost of purchasing and starting a new rainwater harvesting system. The four types are rebates, tax breaks, purchase programs, and support funds.<\/p>\n\n\n\n

      Rainwater Rebates<\/h4>\n\n\n\n

      Rainwater harvesting rebates can be thought of as cash back rewards for the purchase of a rainwater tank or barrel. Rebates can be offered by the state, a city, county or even the water company or district that services the area. They are most often provided for the purchase of a brand new rain container<\/strong><\/a> but can sometimes cover some of the costs for additional equipment such as rain harvesting accessories<\/strong><\/a> and plumbing.<\/p>\n\n\n\n

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      Most rainwater rebates offer money back as a refund up to a set amount. Common rebate values are $0.50 to $1.00 for every gallon of the rainwater container. Maximum rebate values of $100, $250, $500, and $1,000 are common but sometimes range up to $5,000. To qualify, many rebate providers will have a form to fill out and will require receipts to be shown for proof of purchase; sometimes, an inspection or other requirements may apply.<\/p>\n<\/div>\n\n\n\n

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      Rainwater Rebate<\/h2>\n\n\n\n

      Example Rebate from Austin, TX for Rainwater Harvesting System<\/p>\n\n\n\n

      \n
      Learn More<\/a><\/div>\n<\/div>\n<\/div><\/div>\n<\/div>\n<\/div>\n\n\n\n

      Rainwater rebate providers will indicate their requirements. Sometimes the rebate is only good for a rain barrel, other times for a rainwater tank (cistern), and there are rebates good for either one. <\/p>\n\n\n\n

      Tax Breaks<\/h4>\n\n\n\n

      There are several types of tax breaks that may be available for new rainwater harvesting setups in homeowner scenarios. Tax break types include: removing sales tax on rainwater equipment (Texas), tax-exempt status for property tax where the rainwater system is installed (Texas), and income tax credit applied based on a percentage of the rain equipment or cistern cost (Georgia, Rhode Island, Virginia, Hawaii). <\/p>\n\n\n\n

      The primary states that may have tax breaks available for rainwater harvesting include Texas, Georgia, Rhode Island, Hawaii, and Virginia. <\/p>\n\n\n\n

      Purchase Programs<\/h4>\n\n\n\n

      Rainwater purchase programs are largely limited to rain barrels and \u201cupcycle\u201d events to repurpose old food grade barrels into rainwater containers. There are many states with rain barrel programs, but the events are actually organized by individual cities or towns within the state. Rain barrel purchase programs can provide a low cost or free way to get a container and begin harvesting the rain. <\/p>\n\n\n\n

      Finding a purchase program can be fairly hit-or-miss as it depends on if one is happening in your location. Other important points to consider are the date and time for the event and product availability as there are usually a limited number of containers provided on a first-come, first-serve basis.<\/p>\n\n\n\n

      Rain Barrel Purchase Program Examples<\/h5>\n\n\n\n
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      \"\"<\/a><\/figure>\n\n\n\n
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      Arlington, TX<\/a><\/div>\n<\/div>\n<\/div>\n\n\n\n
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      Flagstaff, AZ<\/a><\/div>\n<\/div>\n<\/div>\n\n\n\n
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      San Diego, CA<\/a><\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n
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      New Orleans, LA<\/a><\/div>\n<\/div>\n<\/div>\n\n\n\n
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      Portland, OR<\/a><\/div>\n<\/div>\n<\/div>\n\n\n\n
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      Newark, DE<\/a><\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n

      Support Funds<\/h4>\n\n\n\n

      Rainwater harvesting support funds are dedicated loan or grant programs allocated and overseen by a select department of the state government. Such support fund programs are often reserved for businesses and agriculture in the effort to promote green infrastructure and the installation and use of alternative methods for water sourcing and supply. <\/p>\n\n\n\n

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      As an example, the State of Kentucky Energy and Environment Cabinet (EEC) offers the On-Farm Water Management Program (OFWMP). The OFWMP targets the state\u2019s agriculture for improving the collection, management, and use of water on farms for crops and livestock. This includes the practice of rainwater harvesting as an alternative water source. For more information, see the KY EEC website page on the program here<\/strong><\/a>.<\/p>\n<\/div>\n\n\n\n

      \n
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      KY EEC | OFWMP<\/h2>\n\n\n\n

      Rainwater Harvesting for Innovation in Farm Water Management and Alternative Supply<\/p>\n\n\n\n

      \n
      Learn More<\/a><\/div>\n<\/div>\n<\/div><\/div>\n<\/div>\n<\/div>\n\n\n\n

      The availability of such funding is based on provisioning of the state and the amount of resources allocated to the program. Asking your state\u2019s water, energy, environment, or financial resources department would be the best place to start.<\/p>\n\n\n\n

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      Municipalities, counties, water districts, sanitation districts, businesses and industry, should consider their local clean water state revolving fund (CWSRF) for potential grant money allocated for rainwater harvesting as an approved green infrastructure improvement for stormwater management and more. For more information, see the U.S. EPA website page on the program here<\/strong><\/a>.\u00a0<\/p>\n<\/div>\n\n\n\n

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      US EPA | CWSRF<\/h2>\n\n\n\n

      Clean Water State Revolving Fund and Rainwater Harvesting as Green Infrastructure<\/p>\n\n\n\n

      \n
      Learn More<\/a><\/div>\n<\/div>\n<\/div><\/div>\n<\/div>\n<\/div>\n\n\n\n

      Takeaway | Where is Rainwater Harvesting Restricted and Encouraged<\/h2>\n\n\n\n

      When it comes to rainwater harvesting and water rights in the U.S., the two main types, riparian and prior appropriation, do not affect or deal with rainwater directly. There are only two states, Colorado and Utah, that have regulations that restrict the practice of rainwater harvesting for the state\u2019s residents and that can be attributed to historical water rights. The rest of the states in the USA can be said to encourage rainwater harvesting, with some states more than others through rebates, tax credits, purchase programs, or support funds. <\/p>\n\n\n\n

      Overall, the United States is an excellent country to set up a rainwater system and start harvesting the rain. If you are interested in the practice, we recommend calling your local and\/or state government to ask about any support programs that may be available to you. If not, then by doing so, you may be helping to pave the way for it in the future.<\/p>\n\n\n\n

      If looking for the products to start a new rainwater system or add onto or upgrade an existing one, we offer some of the industry\u2019s best rainwater tanks here<\/strong><\/a>, and the most commonly used rain harvesting accessories here<\/strong><\/a>. We provide metal rain tanks made from galvanized and stainless steel here<\/strong><\/a>. Lastly, we also offer large capacity galvanized steel water tanks for use in high volume systems, steel water tanks for use in high volume systems here<\/strong><\/a>.<\/p>\n\n\n\n

      Our rainwater tanks can be used for most rebate programs. Should you have any questions or need help in product selection, contact us<\/strong><\/a>, our support professionals are always ready to help.<\/p>\n\n\n\n

      <\/span>\"\"
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      Contact Us<\/a><\/div>\n<\/div>\n<\/div><\/div>\n","protected":false},"excerpt":{"rendered":"

      In the United States, the collection of a freshwater resource is often connected to a principle known as water rights. In general, there are two main types of water rights categorized by the U.S. government that can affect a resident\u2019s rights and ability to use the water in the region. These main water rights categories… [Read More]<\/a><\/p>\n","protected":false},"author":6,"featured_media":3543,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[126,2],"tags":[],"class_list":{"0":"post-3311","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-rain-tanks","8":"category-rainwater-harvesting","9":"entry"},"_links":{"self":[{"href":"https:\/\/www.ntotank.com\/blog\/wp-json\/wp\/v2\/posts\/3311","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ntotank.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ntotank.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ntotank.com\/blog\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ntotank.com\/blog\/wp-json\/wp\/v2\/comments?post=3311"}],"version-history":[{"count":33,"href":"https:\/\/www.ntotank.com\/blog\/wp-json\/wp\/v2\/posts\/3311\/revisions"}],"predecessor-version":[{"id":5721,"href":"https:\/\/www.ntotank.com\/blog\/wp-json\/wp\/v2\/posts\/3311\/revisions\/5721"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ntotank.com\/blog\/wp-json\/wp\/v2\/media\/3543"}],"wp:attachment":[{"href":"https:\/\/www.ntotank.com\/blog\/wp-json\/wp\/v2\/media?parent=3311"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ntotank.com\/blog\/wp-json\/wp\/v2\/categories?post=3311"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ntotank.com\/blog\/wp-json\/wp\/v2\/tags?post=3311"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}