June 30, 2009
Property in Rain
Yesterday's NY Times has a fun story about a change in Colorado law that now makes it permissible for owners to collect rain that falls on their property. A taste:
For the first time since territorial days, rain will be free for the catching here, as more and more thirsty states part ways with one of the most entrenched codes of the West. Precipitation, every last drop or flake, was assigned ownership from the moment it fell in many Western states, making scofflaws of people who scooped rainfall from their own gutters. In some instances, the rights to that water were assigned a century or more ago.
Now two new laws in Colorado will allow many people to collect rainwater legally. . . .
Science has also stepped forward to underline how incorrect the old sweeping legal generalizations were.
A study in 2007 proved crucial to convincing Colorado lawmakers that rain catching would not rob water owners of their rights. It found that in an average year, 97 percent of the precipitation that fell in Douglas County, near Denver, never got anywhere near a stream. The water evaporated or was used by plants.
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