Rooftop Precipitation Collection

C.R.S. tit. 37, art. 96.5

in effect

C.R.S. § 37-96.5-101 Legislative declaration

37-96.5-101. Legislative declaration. (1) The general assembly hereby finds and determines that, pursuant to sections 5 and 6 of article XVI of the state constitution, water is considered the property of the public, is dedicated to the use of the people, is subject to the doctrine of prior appropriation, and must be administered in accordance with the priority system established in article 92 of this title. (2) The general assembly declares that nothing in this article is intended to infringe upon or impair the doctrine of prior appropriation. (3) The general assembly further declares that the use of a rain barrel does not constitute a water right.

C.R.S. § 37-96.5-102 Definitions

37-96.5-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Rain barrel" means a storage container with a sealable lid that is: (a) Located aboveground outside of a residential home; and (b) Used for collecting precipitation from a downspout of a rooftop. (2) "Single-family residence" means a private residence that is a separate building or an individual residence that is part of a row of residences joined by common sidewalls.

C.R.S. § 37-96.5-103 Small-capacity rooftop precipitation collection permitted

37-96.5-103. Small-capacity rooftop precipitation collection permitted. (1) Precipitation from a rooftop may be collected if: (a) No more than two rain barrels with a combined storage capacity of one hundred ten gallons or less are utilized; (b) Precipitation is collected from the rooftop of a building that is used primarily as a single-family residence or a multi-family residence with four or fewer units; (c) The collected precipitation is used for outdoor purposes including irrigation of lawns and gardens; and (d) The collected precipitation is used on the residential property on which the precipitation is collected. (2) A person shall not use precipitation collected under this article for drinking water or indoor household purposes. (3) The state engineer may curtail rain barrel usage pursuant to section 37-92-502 (2)(a).

C.R.S. § 37-96.5-104 Information on state engineer's website

37-96.5-104. Information on state engineer's website. (1) The state engineer, to the extent practicable within existing resources, shall provide information on the state engineer's website on the permitted use of rain barrels to collect precipitation from residential rooftops, including a description of the limitations set forth in section 37-96.5-103. (2) If the department of public health and environment informs the state engineer that it has developed best practices in accordance with section 25-1.5-210, C.R.S., the state engineer shall, to the extent practicable within existing resources, post or link to the department's best practices on the state engineer's website.

C.R.S. § 37-96.5-105 Reporting

37-96.5-105. Reporting. (1) On or before March 1, 2019, and on or before March 1, 2022, the state engineer shall report to the committees of reference in each house of the general assembly with jurisdiction over agriculture on whether the allowance of small-scale residential precipitation collection pursuant to this article has caused any discernible injury to downstream water rights. The state engineer's report may contain the following: (a) Data received from water providers, water users, or other stakeholders; (b) Data resulting from a precipitation collection pilot project or other research; or (c) Any complaint or report of injury.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-37.docxFetched: 10/6/2026