Catching rain water is against the law

[jumar]

http://www.ksl.com/?nid=148&sid=4001252



Catching rain water is against the law
August 12th, 2008 @ 11:49pm
By John Hollenhorst

Who owns the rain? Not you, it turns out. You're actually breaking the law if you capture the rain falling on your roof and pour it on your flower bed! A prominent Utah car dealer found that out when he tried to do something good for the environment.

Rebecca Nelson captures rainwater in a barrel, and she pours it on her plants. "We can fill up a barrel in one rainstorm. And so it seems a waste to just let it fall into the gravel," she said.

Car dealer Mark Miller wanted to do pretty much the same thing on a bigger scale. He collects rainwater on the roof of his new building, stores it in a cistern and hopes to clean cars with it in a new, water-efficient car wash. But without a valid water right, state officials say he can't legally divert rainwater. "I was surprised. We thought it was our water," Miller said.

State officials say it's an old legal concept to protect people who do have water rights. Boyd Clayton, the deputy state engineer, said, "Obviously if you use the water upstream, it won't be there for the person to use it downstream."

"Utah's the second driest state in the nation. Our water laws ought to catch up with that," Miller says.

So what about the little guy, watering with rainwater at home? Will anybody do anything about that violation of the law? Clayton said, "If she really does that, then she ought to have a water right to do it." He added that they would not likely make an issue out of it, though, because they have "bigger fish to fry."

After months of discussion, city and state officials worked out a tentative compromise with the bigger fish, Mark Miller Toyota. Jeff Niermeyer, the Salt Lake City director of public utilities, said, "He would basically be using a Salt Lake City water right and diverting it under our name."

State officials say the Mark Miller agreement could become a blueprint for other rainwater projects. Homeowner projects, although technically illegal, are likely to stay off the state radar screen.

E-mail: hollenhorst@ksl.com

[JP]

We're getting more today :frustrated: I wish I could package this stuff up and mail it to ya :haha:

[James_B_Wads2000]

Mark Miller Toyota is supposed to be building this super eco-friendly dealership building kitty-corner from their current location. I saw some drawings a wile ago, looked pretty cool.


James

[sparker1]

Glad they worked it out favorably. We ought to be encouraging such efforts.

Looks like Tropical Storm Fay may be headed our way and could give us more rain than we need. Just one of the perks of living here. :roll:

[moabfool]

So just who, exactly, is downstream of Salt Lake City? Exactly, no one. That water would just run into the gutter and into a storm sewer. Then it would be drained to the Great Salt Lake where it would be contaminated with salt (contaminated from an irrigation perspective). Seriously, the law can be so irrational sometimes. It's a wonder you don't get a bill from the city each time it rains for the water you've diverted from the sky and onto your lawn.

[James_B_Wads2000]

I think the laws are just written in general that there is the potential for downstream users. I am not 100% sure but I think there are some industries that do tap City Creek before it goes into the lake, and I am assuming that the most the gutter water downtown ends up in City Creek. :ne_nau:

Also there is the matter of the wetlands on the shores of Great Salt Lake. I think the water managers have to allow some water to reach the GSL otherwise the wetlands disappear, more than they already have. But I am not sure of the current environmental laws there.

One more thing is that again you can

[RugerShooter]

Maybe not for long

Legislators reconsider law that outlaws using rain water
August 18th, 2008 @ 5:26pm
By John Hollenhorst

After we revealed last week that it's illegal for most people to collect and use the rain that falls on their roof, lawmakers are talking about changing the law.

We've received e-mails from people who are upset about this. They say, OK, if we don't own the rain, it's like making it illegal to use sunshine or the air that blows across your property. State Sen. Scott Jenkins has already filed a bill to change the law.

It's all a question of water rights. If you capture rain water in a barrel and sprinkle it on your flowers, you're technically breaking the law unless you hold a valid water right.

Pat Jones

Lawmaker Pat Jones hasn't decided yet if the law should be changed, but she's looking into it. "My first thought was, this is ridiculous that we can't collect our own rain water."

State officials argue there has to be an orderly system of defining who has the right to use state waters.

Boyd Clayton of the Utah Department of Natural Resources explained, "Because the rain water is the water supply that the state has."
Boyd Clayton

The state made an issue out of it in the case of car dealer Mark Miller. He built a rooftop system to capture and store rain water for his new car wash.

Sen. Jones said, "We shouldn't punish someone for doing what we feel is the right thing to do."

The state never enforces the law against home users of rain water, even though users could theoretically get jail time for repeated violations.

"Well then, let's change the law," Jones said, "because that doesn't make sense, either. If you're going to have a law, enforce the law."

Ultimately the city of Salt Lake agreed to let Miller use city water rights. Officials say that should reassure people downstream who have made investments based on their own water rights.

Clayton said, "That's the idea of the water rights system, is to protect the people who put water to use and who want to put water to use. They ought to have some certainty about what to expect from everyone else."

The state even argues Mark Miller himself benefits by pinning down his legal right to the water. "His investment is secure because he has the right to use it," Clayton said.

Well, maybe so, but our story touched a nerve, especially with people who think it's just way too much government. Right after our story aired, Sen. Scott Jenkins filed a bill to change the law. He says the state shouldn't interfere with beneficial uses of rain water.


link (http://www.ksl.com/?nid=148&sid=4045787)

[jumar]

Follow up article
http://www.ksl.com/index.php?nid=148&sid=4045787