What do we do about water?

After researching Colorado’s unique situation regarding water, I’m left with mixed feelings. Looking over our long history of water rights and how they evolved I can understand how we got to where we are today. However I feel even stronger that that it is just wrong to block people from using the rain water that falls on their roof! It's interesting to note that while both Colorado State University and the Colorado Division of Water resources go into detail to let you know that it is against the law, the CSU web page gives you information about impurities in the water that runs off of rooftops and how to remove them. It almost seems like an acknowledgment that people are going to break the law, and here is how you can protect yourself from unintended consequences.

The latest official document regarding water use in Colorado is the 2^nd draft of Colorado's Water Plan, a 485 page document that landed on Governor Hickenlooper’s desk in July. After careful searching, I found 0 references to rain barrels, and only one mention of “precipitation harvesting”, and that was in reference to the current Sterling Ranch Pilot study in Douglas County. It would appear that the Colorado Water Conservation Board believes that residential rain barrels are not part of a viable plan for our water future.

So what do we do now? For myself, I plan on contacting my State Senator and Representative and see what they think about rain barrels. Will they support the legislation that is being talked about for next year; the one that would allow rain barrels only if they are registered? Maybe they already think the current law is absurd and would have voted to allow them last year if the bill would have been allowed to make it out of committee. During my research there were a couple of things I was unable to find out: what is the penalty for being caught with a rain barrel, and if anyone has been charged with having them. I’m pretty sure that my local police department isn’t enforcing this law.

We live in a semi-arid land where many of the home owners have been taught to expect green grass and lush plants in the yard as the norm, yet we do not have the climate to support it. We have larger and more urgent problems regarding water in Colorado than just rain barrels. Every year more people move to Colorado, and based on climate change models, including  the Joint Front Range Climate Change Vulnerability Study prepared by Mark Woodbury and Marc Baldo with Riverside Technology Inc. and David Yates with NCAR, we may have decreasing amounts of snowfall in the future. However, even more importantly, a shortened melting season. With a compressed melting period we could be subject to more flooding, and less opportunity to store needed water for later in the year. Without changes in both consumption and storage, we will soon be in serious trouble.

 

What do we really know about water collection?

What do we really know about water collection?

So where are we when it comes to water collection? Because of the dry climate in Colorado we have over allocated almost every river we have. Many years there are “calls” on water rights that go unfilled since there are more rights than there is water. This makes it important that water is not diverted that will be needed by the legal claims that are in place. Is there any data out there that shows what really happens when rain water is diverted for short term use? In 2003 Santa Fe New Mexico adopted an ordinance requiring rainwater collection and use for landscaping associated with all new construction. To me this practice sounds like it would make sense and could save Santa Fe millions of dollars in water infrastructure. According to a study conducted for Douglas County and the Colorado Water Conservation Board, the use of rainwater harvesting and water wise landscaping can reduce the use of outdoor watering by up to 88%! This study was one of the driving forces behind the 2009 change in Colorado law allowing rainwater collection if you are on a well system with no access to municipal water supply. However, since this precipitation fell on the east slope and much of the Denver Metro Area gets its water from the Western Slope, it’s hard to figure out how and even if downstream users would just get it back eventually. Would we have to pump less water through the Continental Divide if we watered our lawns and gardens with collected rain water? In another part of the study conducted for Douglas County and the CWCB, it was estimated that on average only around 3% of the water harvested is truly lost to the downstream users. The remaining 97% would have been lost to evaporation, native plants and other factors. It seems that for so much benefit with only a net loss of 3% of collected water it should be encouraged. Maybe there is a way to make sure the downstream rights are made whole.

 

 

Why isn’t my water mine?

Why isn’t my water mine?

As was mentioned in my last post, all the water in Colorado is owned by someone because of Prior Appropriation, the system where first in time means first in right. But who supports this so much that we can’t even put up a rain barrel? Meet State Senator Jerry Sonnenberg, one of the driving forces behind keeping rain barrels illegal. He believes in the strength of Prior Appropriation so strongly that he considers it stealing to put up a rain barrel. “It’s like growing flowers,” Sonnenberg said. “You can’t go over and pick your neighbors’ flowers just because you’re only picking a few. They’re not your flowers.” In the last session of the Colorado Legislature House Bill 15-1259 came up before the Senate Agriculture Committee, which is chaired by Senator Sonnenberg. He managed to stall the bill from mid-April until near the end of the session, effectively killing the bill. He is not alone. Many ranchers and farmers fear that if thousands of rain barrels are set up in urban areas it could reduce the river flow by such a large amount that it could reduce the water flows to such a degree that not everyone could get their water rights.

On the other side of the issue is a wide range of bipartisan support; so much so that a bill will most likely come up in the next session to allow them in some form. Groups such as the nonprofit Western Resources Advocates as well as water experts from CSU have been meeting to discuss what needs to be done. Many urban planners and developers would like to incorporate some type of rain water diversion and utilization to improve drainage and flood control, as well as the backyard gardener who just wants to use fresh unchlorinated water on their plants.

So who is right? Is it stealing or just common sense to set up a rain barrel? I have had flood issues in my basement and collecting the rain in a couple of large barrels would not only help prevent flooding, it would save me money when I use it to water my lawn and garden over the next couple of weeks. Am I really stealing it when I do this? Can my actions have an impact on farms downstream? What can I do to make it legal?

Group of Colorado Lawmakers and rain barrel supporters.

How did we get here?

How did we get here?

In the eastern United States, water use is governed by a set of laws called riparian rights. This means if you live next to a river or a lake you have the right to use it. With so much water available, it seemed natural to just use what you need and everyone is happy. Once people started moving to the semi-arid west, problems arose. Farmers didn’t have enough rain for their crops, miners didn’t have enough water for the mining process, and homesteaders didn’t have enough for their livestock and themselves. Something had to be done. 

The answer to this is what is called Prior Appropriation. This phrase is usually referred to as “First in time, first in right”, which means that the oldest claims always come first. Over the years as new claims were established and came in conflict, lawsuits were used to settle the rights and decide who had the prior claims. Because of our dry climate, this soon encompassed even the water that hasn’t fallen yet.

Not all rain collections is illegal, there are a few instances when you are allowed to. What is legal? However these are very limited and only apply if you do not have municipal water you cannot tie into and many other requirements. In my next blog I will look into the pros and cons of the collection law and who is on each side.

Missing Rain Barrels

Missing Rain barrels

Did you know that rain barrels are illegal in Colorado? The staple of home gardening for centuries is banned in only one state and that one is ours. How did this come about? Why would keeping rainwater from washing away into a ditch become stealing?

Sign of a thief

Most home gardeners know that tap water has been chlorinated, and is not as good for plants as fresh rainwater. This is why many gardeners choose to collect rainwater and use it instead of the tap water. It’s fresh and free, what could be wrong with that? You can even go down to your local hardware store and they will be happy to sell you everything you need to collect rainwater and use it to irrigate your garden. So why can I buy all the equipment to collect, store, and use the rain that falls on my roof, but not actually use the water I collect?

Over the next few posts I plan on exploring the origins of why rain barrels are illegal, and find out if any other state bans them. I have found that almost every law started with a good idea, but sometimes either got out of control or morphed into something that it was not intended to be. If this is a good law, there must be some active group that has what they feel are good reasons to support it. If it is a bad law, than why hasn’t it been repealed? When you get right down to it, who is it going to hurt if I collect the limited amount of rain we get here in the Front Range and use it to water my lawn and my garden, I’m going to water them anyway right? Wouldn’t it be better if I use it first so that it doesn’t have to be gathered, treated and sent back to my house? There has to be a better way.