I’ve spoken with law makers in the state of Colorado and have recognized that there is a loophole a homeowner can use to get around the law of prohibiting the capture and use of rainwater. The law states that water falling on one’s land must be allowed to flow off and continue downstream, thus providing water for users in the watershed. Before the home was built, most of this water would stay on the property through filtration into the aquifer (underground). After a home is built, however, less water is allowed to filter into the ground due to the actual structure and hardscape, which includes driveways, sidewalks, etc. In otherwords, more water is flowing from the site, often times causing flooding situations to occur!

The homeowner/developer can show that more water is now running off the property due to development of the site, or in otherwords, capturing rainwater is NOT prohibiting downstream users from receiving water from upstream sources. Lawmakers are recognizing this and allowing new developments in some areas to test on how well this model works may work and benefit everyone.