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.
I’m glad that there are a couple circumstances that make some rain collection legal and that it includes my well. I was worried that every cherry tomato I’ve grown was illegal. You mentioned though that the semi arid west was affected and caused huge problems but why are we the only state to have this law? Do other states have water conservation laws? I’m all about conservation but I’d be lying if I said that I wouldn’t be mad that people in Arizona have their faucets running. Has this law helped anything or anyone? I wish this had more information about why this law is only in place in Colorado but the link for What is Legal? Is very helpful and has a ton of great information. I’m not sure I can agree on this just yet. I need more information as to how this law is beneficial. As you stated, I will have to wait for your next blog to read more about the pros and cons, which I can assure you, is highly anticipated.
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