No federal law against people harvesting rainwater

Monica StanlyJanuary 26, 2023

State regulations vary as to whether people can collect rainwater, but there is no federal law prohibiting the practice.

In October 2022, rapper Kanye West appeared on the Drink Champs podcast and discussed a number of controversial topics that later removed the full video from YouTube.

But the clip from the interview went viral. The video shows West saying that, given the opportunity, one of the US laws he would change states that “rainwater harvesting in America is illegal.”

Several VERIFY viewers have emailed us to ask if West is right. After a series of violent storms brought large amounts of rain to the west coast, people on the internet also wondered if people could collect and use this water using home systems like rain barrels.

QUESTION

Is there a federal law preventing people from collecting rainwater?

SOURCES

ANSWER

No, there is no federal law prohibiting rainwater harvesting. States make their own laws about whether people can collect rainwater and how.

WHAT WE FOUND

According to the US Department of Energy, rainwater harvesting is regulated by individual states. Some states have restrictions on water collection and use. Others encourage people to collect it and even offer incentives like tax credits.

The Farmer’s Almanac states that the most common method of collecting rainwater is to place rain barrels at the base of downspouts to collect rainwater from gutters when it rains. Some collection systems can be more complex with a series of pipes connected to a tank or cistern connected to a redistribution pump.

According to Fresh Water Systems, a water treatment company based in Southern California, “Rainwater is not safe to drink without first passing through a reliable filtration system.” When rainwater falls off your roof, it can collect pollutants. Depending on the pollution in the region, rainwater can also contain chemicals that can harm your health.

Some states restrict rainwater harvesting for reasons including water quality issues as well as protecting the water available to farmland.

According to the Department of Energy, Nevada and Colorado have some of the strictest regulations when it comes to collecting and using rainwater. In Nevada, residents are only allowed to collect rainwater from one family’s rooftop for non-potable household needs.

In Colorado, rainwater can only be collected from rooftops. A maximum of 110 gallons can be stored and the fallout can only be used for outdoor purposes such as lawn watering and gardening.

In Oregon, water collection is regulated by the State Department of Water Resources. There, rainwater can be used for indoor or outdoor use, as long as the water used for drinking has a proper filtration system.

In Arkansas, state law states that water can only be used for non-potable purposes, and the collection system must be designed by a licensed engineer and comply with state health codes. Arkansas has tax credits for qualifying conservation projects.

California law says that water can be collected from a roof with rain barrels without a permit, but if you want to install an official collection or irrigation system, this may require a permit.

Some states or cities actually encourage citizens to collect rainwater by offering incentives.

In Arizona, the state offers a tax credit for harvesting rainwater, but that water can only be used for agricultural purposes. There are also individual loans provided by cities in Arizona. For example, in Tucson, residents may be eligible for a discount of up to $2,000 if they follow the rules set out by the city.

Cities that offer incentives include Sacramento, California, where residents can get up to $150 off rain barrels. Santa Monica, California is offering discounts of up to $2,000 depending on the size of the water barrel or tank. Washington DC is offering up to $1,000 off rain barrels.

These are all the states that have water collection restrictions: