To the Editor:
I saw the rainwater collecting note (August 2009, p. 19); it’s a bit unclear, so I’m offering clarification. I’ve even heard realtors express shock that it’s been illegal all along (damn, sigh…), but you’re right—this is the first time it’s legal, if the process is followed.
House Bill 1129 was indeed about pilot projects, but only for up to 10 NEW developments statewide, with many conditions. Rep. Looper was principal sponsor; the primary driver was a Douglas County developer, an area notorious for its lack of long-term well water, but also the fastest-growing. It passed on its second-year try. I believe it’s a five-10-year pilot time.
Senate Bill 80, Sen. Jim Isgar’s, is the one that permits precipitation collection in rural areas, and is intended for low-density, scattered housing. It is not a pilot project like 1129. SB80 allows the collection of rainwater from up to 3000 square feet of roof, on properties that have wells or well permits, I believe either in-house or full domestic. The water can be used for any normal domestic-well purpose—though personally, I’d use it only outside.
A property owner is required to file an application with the state Division of Water Resources. At least (for now) the rainwater permit is free. The local DWR office should have copies (ours does in Alamosa), descriptions are clear, form easy.
SB 80 may prove beneficial for difficult-to-drill areas, without impacting tributary waters. There are evidently many such on the west slope, including Archuleta and Delta counties that I know of, where many people have to haul water and rely on cisterns.
It’s correct that these laws do not apply to any properties which have a municipal or central water supply. The reason is that such places have too dense populations, so widespread collection could really impact a surface water supply, harming downstream users, which is of course illegal as hell. A similar bill failed the year before, in part because Colorado Water Congress had serious concerns; Sen. Isgar worked with them to answer objections so SB80 passed this time.
For the past two years, I was water subcommittee chair for the Colorado Assoc. of Realtors legislative committee; we liked SB80 a lot, and were glad to lend our support to its passage.
Whether any developers actually try for pilot projects under HB1129 (on which we took no position) remains to be seen, but there are so many hurdles to jump that one wonders who’d want to bother, especially these days.
Since many of your readers are small-town or rural folk, I hope this bit of explanation will be helpful. (I’m writing only for myself here, not for realtors.) And thanks so much for Mr. Sibley’s excellent article.
Sincerely,
Margy Robertson
Monte Vista, CO
