August 24, 2019

HB 16-1005: Allowing Residential Use of Rain Barrels for Collection of Precipitation

On January 13, 2016, Rep. Esgar and Danielson and Sen. Merrifield introduced HB 16-1005Concerning the Use of Rain Barrels to Collect Precipitation from A Residential Rooftop for Nonpotable Outdoor Uses. The bill was assigned to the House Agriculture, Livestock, and Natural Resources Committee.

This bill allows residences to collect precipitation and reuse it on their residential property but only for outdoor purposes. A rain barrel is categorized as a storage container with a sealable lid that is used for collecting precipitation from a downspout of a rooftop. The bill specifies that the rain barrel must be located above ground outside of the residential home.

The bill says that precipitation from a rooftop may be collected if:

  • No more than two rain barrels are used, both having a combined storage capacity of one hundred ten gallons;
  • The precipitation collected comes from the rooftop of a building primarily used as a single-family residence or a multi-family residence with four or less units;
  • The collected precipitation must be used for outdoor purposes only, such as watering lawns or gardens; and
  • The precipitation collected is used only on the residential property from which it was collected.

The bill prohibits using the collected precipitation for drinking water or indoor household purposes.

The State Engineer is required by the bill to provide information on its website regarding the allowances and limitations of the use of rain barrels to collect precipitation. Additionally, in the event that the Department of Public Health and Environment develops best practices in accordance with C.R.S. § 25-1.5-210 the State Engineer is required to post a link on its website to the Department’s best practices list.

C.R.S. § 25-1.5-210 lays out the circumstances where the Department must develop best practices. The Department has to develop best practices for

  • Nonpotable usage of the collected precipitation, and
  • Disease and pest vector control.

If best practices are developed regarding the nonpotable usage of the collected precipitation, the Department must first post the best practices on its website, and second, inform the State Engineer that best practices have been posted so that the State Engineer may post a link on its website.

Mark Proust is a 2016 J.D. candidate at the University of Denver Sturm College of Law.

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