Is it Illegal to Collect Rainwater in California?

If you’re on a homestead and living off the grid you’re going to need a water supply. Now, if you’ve got a lake or pond on your property that’s one source but they will likely have some nasty bacteria that will make you very sick.

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Killing these bacteria can often be done by boiling the water, but another alternative is to collect rainwater. It’s cool, and fresh, and will keep you hydrated, but not all states allow it.

So, is it illegal to collect rainwater in California?

No, it isn’t illegal to collect rainwater in California. As long as the rainwater is coming off your roof and it doesn’t end up going into a state water supply like a stream, you can collect it.

It was illegal prior to the passing of the Rainwater Capture Act in 2012.

The Legal Restrictions around Collecting Rainwater in California

As far as legal restrictions go, the federal government doesn’t really have any when it comes to rainwater harvesting.

Instead, it’s left up to each state to govern the practice and while most states encourage rainwater harvesting, it isn’t entirely legal to do in every state. I realize that sounds a bit odd so let me explain.

It’s legal and, as I said, even encouraged in most states. The caveat is that there are often many restrictions placed on collecting rainwater.

The Rainwater Capture Act

Collecting rainwater was illegal in California for a long time due to concerns about the disruption of natural ecosystems.

As previously mentioned, the state of California is a hotspot for wildfires and water shortages, and water is obviously needed to combat these issues.

The reason collecting rainwater was illegal was to avoid people building massive reservoirs and storing water that would usually go into a watershed.

In 2012, the governor of California passed assembly bill 1750. This bill is also called the Rainwater Collection Act.

This act allows private citizens to install, use and maintain systems for catching rainwater for specific purposes. This is, of course, assuming they meet specific requirements.

Proposition 1

Passed in 2015, Proposition 1 is a law that allocates state funds to support rainwater harvesting systems.

The idea was and is to hold businesses accountable for their water usage requiring them (through new construction codes) to use recycled/captured rainwater in their toilets and for agriculture.

What are the Actual Restrictions?

Now that we’ve discussed some of the laws around rainwater harvesting, let’s look at the restrictions/limitations.

The main limitation of collecting rainwater is that you can collect it as long as it’s not part of the state’s supply (i.e. it hasn’t entered a stream system or storm drain). According to the Rainwater Capture Act, you may collect rainwater without a permit if:

  • The water is on YOUR property
  • The water doesn’t flow off into a storm drain or stream/riverbed
  • The water’s running off your roof
  • You have a system in place to prevent…

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