Is It Illegal to Collect Rainwater?

Why would anyone think it illegal to collect rainwater? Well, what if I told you back in 2012, a man was sentenced to jail because he collected rainwater on his own property?

Rainwater falls freely, and since it’s on your own property, you should be able to collect it for your own personal use. It seems astounding that someone could be jailed for collecting rainwater, doesn’t it? In fact, I can still remember the days when I was 5 or 6 and I used to bathe in rainwater that warmed in the sun for 3-4 hours. Life was much simpler back then.

Long story short: yes, most United States citizens can collect rainwater without a permit, however, depending on the state they live in, they may need one, or there may be restrictions on how much they can harvest.

Before we get further into the issue of whether or not you should collect rainwater, I want to discuss the case of Gary Harrington, aka Rain Main, of Eagle Point, OR because it’s a very interesting one.

There are some conflicting bits of information out there, but one thing is clear. Mr. Harrington spent 30 days in jail and was fined $1,500 for his crime. He had three ponds (reservoirs, if you will) and gathered over 13 million gallons, which the government maintains was in excess of “personal use”.

He went to jail because he collected rainwater on his property from rain and snow. He had three ponds (reservoirs, if you will) and gathered over 13 million gallons.

That’s a lot of water but the real issue is whether he had the right to collect it in the first place. According toDominic Notter, a member of the team helping to defend him, Mr. Harrington has a right to collect the rainwater and winter run off from his own property.

Notter claims that in 1973, a watermaster told Mr. Harrington that the rainwater and winter runoff in the ponds and lakes in his area were NOT under the Rule of Appropriation, and thus they could not give him a water permit which was required to then obtain a water certificate. Thus, his legal team maintains the law in question didn’t even apply to Gary Harrington.

A press release in July of 2012 clearly states that it is legal, in Oregon, to collect rainwater from your roof, in tarps, or barrels, and store it for “personal use”. But the government maintains that under Oregon law, all water is technically “owned” by the public.

A permit or license is necessary to use any public water whether from streams, lakes, or underground. In Oregon, landowners do not inherently have the right to water that runs through their land without prior authorization from the Water Resources Department.

The law also states, you cannot divert or interrupt water from watersheds or rivers, which would naturally flow downstream where others would need it. This law refers to what is known as “riparian water rights”.

So, according to the government, the watershed in question was designated as a public water resource by the State of Oregon, as it supplied the entire water supply for the town of Medford, located downstream from Harrington’s land.

There are exempt uses of surface water, including:

  • Fire control
  • Stock watering
  • Natural springs
  • Fish protection
  • Forest management
  • Rainwater
  • Reuse of water with a registration under ORS537.132

According to Harrison, he had already finally obtained his permits. He had three of them, one for each pond and apparently, including his 37-year-old reservoir.

But at some point, his permits were withdrawn, he was asked to drain the reservoirs on two occasions, which he did, but then reopened them. According to the government, he was put on trial, fined, and thrown into jail for failure to abide by the law as ordered by the court. 

The real issue here is those permits. Harrison was given the permits at one point and thus he had every right to collect rainwater and winter runoff from his property. But two things happened.

Mr. Harrison collected a massive amount of water, which likely had a negative impact on the water supply for the town of Medford. He then refused to obey a court ordered request to drain the ponds and stop collecting rainwater.

Let’s Talk About the Water Issue

Leaving Mr. Harrington aside for a moment, the big problem is that some US states have serious water supply issues. California is one of the most drought intensive areas in the United States.

If fact, it was in a near constant state of drought from December of 2011 through March of 2017. Other states like Oregon and Washington State also have regions that are extremely hot and dry.

According to a USA Today article, updated in June of 2014, seven states in total were “running out of water”. Additional drought ridden states included Montana, South Carolina, Idaho, Nevada, and Utah.

There’s no water problem where I live (yet) but you may be a lot less fortunate. Water may become a real problem where you livelive, and your options may be limited (unless you’re willing to move out). One way is to use a dehumidifier or an air conditioner.

An easier option is to store some of the rainwater that falls down on your property. Collecting rainwater becomes an easy and free way of stockpiling for the future, when everyone else will die of thirst.

For the most part, water laws are enacted to prevent people from diverting rivers or building dams.

But the real question we need to ask ourselves is, what if things get worse?

We should be and are allowed to collect reasonable amounts of rainwater for ourselves, right?

Is Collecting Rainwater Legal?

Sure it is. The laws vary from state to state, as you can see in the chart below.

Region State Link to Laws
Southeastern Alabama National Agricultural Law Center

Arkansas Arkansas Natural Resources Commission

Georgia https://www.hg.org/legal-articles/georgia-water-law-32945 

Florida General Overview of Riparian Rights in Florida

Kentucky https://watermaps.ky.gov/WaterHealthPortal/files/KY_WHP_Definitions.pdf

Louisiana https://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=5469&context=lalrev

Mississippi Mississippi Office of Land and Water Resources

North Carolina North Carolina Division of Water Resources

South Carolina South Carolina Code of Law

Tennessee Riparian based Tennessee Land Development Services

Virginia Virginia Department of Environmental Quality

West Virginia Riparian based West Virginia Department of Environment Protection
Western U.S. Alaska No restrictions on harvesting of rainwater. There are stricter regulations in place for groundwater for which water rights via the Alaska Department of Natural Resources

California Hybrid permit system California Water Boards-State Water Resources Control Board

Colorado State of Colorado

Hawaii Riparian based Environment Hawaii

Idaho https://idwr.idaho.gov/water-rights/overview.html

Montana http://dnrc.mt.gov/divisions/water/water-rights

Nevada https://www.enlight-inc.com/blog/?p=1036#nevadas

Oregon https://www.oregon.gov/OWRD/programs/WaterRights/Pages/default.aspx

Washington Based on prior appropriation https://ecology.wa.gov/Water-Shorelines/Water-supply/Water-rights

Wyoming Based on prior appropriation 
http://seo.wyo.gov/home/faq
Southwest Arizona Harvesting of rainwater permitted. Permits through Arizona Department of Water Resources

New Mexico https://aquadoc.typepad.com/files/nm-water-brochure-final.pdf

Oklahoma Hybrid permit system Oklahoma Water Law and Management 

Texas Based on prior appropriation. Obtain water right from Texas Commission on Environmental Quality (TCEQ) https://www.land.com/owning/water/texas-water-rights-ownership/
Northeast Connecticut https://www.ctwater.com/media/1262/rules-and-regulations-july-2010.pdf

Delaware Delaware Division of Water

Maine Based on law of capture http://www.onthecommons.org/who-owns-maines-water#sthash.tbKoRoDj.dpbs

Maryland Based on riparian water rights.  Maryland Department of the Environment

Massachusetts Massachusetts Department of Environmental Protection

New Hampshire https://www.des.nh.gov/organization/divisions/water/dam/public_waters/index.htm

New Jersey Riparian based https://www.nj.gov/dep/cmp/access/njparightslegal.htm

New York Riparian based https://openei.org/wiki/RAPID/Roadmap/19-NY-a

Pennsylvania Riparian based PennState Extension

Rhode Island Rhode Island Water Resources Board

Vermont
Department of Environmental Conservation
Midwest U.S. Illinois Riparian based Department of Natural Resources

Indiana Indiana Department of Natural Resources

Iowa Iowa Department of Natural Resources

Kansas Based on Prior Appropriation. Kansas Department of Agriculture

Michigan https://www.michigan.gov/documents/Water97e_142928_7.pdf

Minnesota University of Minnesota Extension

Missouri Missouri Department of Natural Resources

Nebraska Nebraska Department of Natural Resources

North Dakota North Dakota State Water Commission

Ohio Ohio State University Extension

Wisconsin University of Wisconsin Extension

But if all you do is collect water from your own rooftop and store it in 55 gallon barrels for your own personal use, you should be fine. If you are worried, see the links in the chart above for your specific state to confirm the water laws for your state.

What you should worry about next is ways to properly store thewater you’ve collected. Keep in mind that water may become more important than gold in times of crisis.

The Government has already issued executive orders which allow them to take your water stockpile away if need be and share it with everyone else who didn’t prepare.

If people know you’re stockpiling larger quantities of water, the rumor might spread. Desperate families or lootersmight come for your water stockpile when SHTF.

So, the answer is yes, it’s legal to collect rainwater on your own property for survival purposes. Keep in mind you’re going to need at least 3 gallons per person per day in a survival situation (not just for drinking but also for laundry and personal hygiene), you should definitely stockpile rainwater.

What Can I Use Rainwater For?

Most people use harvested rainwater as “grey water“, meaning they don’t drink it directly (we’ll talk about this in a minute). But you can use it to water your garden, as drinking water for your pets, to wash your car, and even do your laundry or flush the toilet in a SHTF situation. Even if you’re currently using tap water, in a survival situation, the water you collect now is going to be worth more than gold.

Is Rainwater Safe to Drink?

A lot of people will tell you they’ve been drinking rainwater for years and they’re fine. However, bird poo, industrial discharge, insects, dirt, leaves and contamination from roofing material make it less safe to drink it directly. What you can do is use a black Berkey water filter for the one you intend to drink or simply add the right amount of non-scented bleach to it to kill most microorganisms.

The interesting thing to note is that rainwater is perfectly fine when it falls down from the sky. It gets “infected” more or less the moment it touches your roof and I think I’ve given you plenty of reasons why in the previous paragraph.

How Do I Collect Rainwater?

Collecting rainwater is really easy as long as your roof is equipped for it.

Tip: you may want to throw away the first few gallons of harvested rainwater from every rain (the first wash).

Now, there are certain materials for your roof that make it safer but, even so, the water is still going to have some level of contamination. With that in mind, the easiest way is to not worry about all of these contaminants and just use a Berkey filtration system and/or boiling before you drink any harvested rainwater.

However, if you’re looking to build your roof and would like to know what to materials to use, gravel and asphalt are both great as far as shingles are concerned. Cement roofs are also good from this standpoint but there’re might be too heavy and, thus, cumbersome to install.

Have you considered harvesting rainwater to store for a SHTF situation? Do you already have a rainwater catchment system in place at your home or bug out retreat location? Share your solutions or struggles in the comments below.

References

updated by Megan Stewart 09/10/2019

About Dan F. Sullivan

Dan F. Sullivan
My dad was military. My grandfather was a cop. They served their country well. But I don't like taking orders. I'm taking matters into my own hands so I'm not just preparing, I'm going to a friggin' war to provide you the best of the best survival and preparedness content out there.

3 comments

  1. Avatar

    Want to learn more on Martial laws

  2. Avatar

    I had collected a lot of water in the hard plastic juice jars. One of my clients is also a “prepper” and he told me not to drink that water, that I would need glass jars for drinking water. I have started to gather glass jars with tops but I just wanted to know if he was right or not. I knew I would have to add a little bleach but is it just not drinkable because it was stored in plastic.

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