Water Wars Out West: Keep What You Catch!

The West remains one of the fastest growing regions of the country, and that continues to put pressure on scarce water supplies.

So, Colorado recently made it legal for some homeowners to capture and collect the raindrops and snowflakes that fall on their own roofs. That had been considered stealing because the water would flow into a stream or aquifer, where it belonged to someone else; Utah and Washington state have similar bans.

The change in Colorado may seem minor, but this could signal the beginning of a water-law revolution.

Water law in the West is different than in the East. In the West, there's essentially a long line for water rights; those who signed up for rights first are in front. And in some cases around the West, Native Americans are near the front of the line because they've lived there for so long.

For five years, Karl Hanzel "took cuts" in that line because he illegally collected water from the snow that fell on his home outside Boulder, Colo.

"I struggle to understand the argument for these laws. It doesn't really make sense to me," says Hanzel. "The water that I'm detaining here, I'm not exporting it to Mars … We have a leach field; we water the garden; that water is still returned to the earth … We're just holding some of it for awhile."

Colorado takes this sort of illegal harvesting of precipitation seriously. If caught, Hanzel could have faced fines of up to $500 a day. Luckily for him, a law recently passed legalizes his collection system. It's a narrow exception to the ban for people who would have to dig a well or have water trucked in.

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