Rainwater harvesting is not illegal in Colorado or Utah, but both states cap how much rain you can collect

Colorado allows 110 gallons in 2 rain barrels with no permit, and Utah allows up to 2,500 gallons once a resident registers, but neither state turns collected rain into a water right.

1101gallons a Colorado resident may collect in 2 rain barrels with no permit, for a single family home or a building of 4 units or fewer
5004dollars is what Colorado could have fined an ordinary rain barrel owner before H.B. 16-1005 took effect in 2016, Colorado Public Radio reported
2,5003gallons is the combined storage a Utah resident may keep once registered with the state engineer, Utah Code states

Why rainwater harvesting was once illegal in Colorado

Rainwater harvesting is not illegal in Colorado or Utah today. For years, an ordinary Colorado homeowner who put a barrel under a downspout was breaking state water law. Colorado and Utah both follow a doctrine called prior appropriation, meaning the first person to put water to use holds the senior legal claim across an entire river system. Under that doctrine, the rain that never reaches a stream still counted as water someone else already had a claim to, so an ordinary resident needed a specific numeric exception written into law before catching that rain was legal. Neither state exception hands the resident a water right of their own, both laws say so directly.

What Colorado H.B. 16-1005 changed

Colorado signed H.B. 16-1005 into law on May 12, 2016, and the law took effect on August 10, 2016, the standard 90 day delay for a bill carrying no safety clause. It lets a resident of a single family home, or a building of 4 units or fewer, collect rain in up to 2 barrels holding no more than 110 gallons combined, with no permit required. The water can only be used outdoors, on the same property where it fell, for a lawn or a garden. The Colorado Division of Water Resources and Colorado State University Extension both describe the law the same way.

the capture and use of rainwater using rain barrels does not constitute a water right.

Colorado State University Extension, in a guide describing what Colorado law says about rain barrel collection. Source 5.

The 500 dollar fine that made this a real risk

Before H.B. 16-1005 took effect, an ordinary rain barrel outside the narrow exempt well allowance was not a permitted use in Colorado. Colorado Public Radio reported that the state could have fined Aaron Broderick, a science teacher near Fort Collins, 500 dollars for the rain barrel systems he had already installed on his rental property and his home near Boulder, right up until the week the bill was signed.

Rain barrels were kind of looked at as the red-headed step child in a sense.

Marc Arnusch, a farmer and Colorado Farm Bureau board member. Source 4.

How Utah law differs from Colorado

Utah Code, cited in full as source 3, sets 2 tiers instead of 1. Without registering anything, a resident may keep up to 2 covered containers, neither one larger than 100 gallons, for a combined limit of 200 gallons.

Rainwater storage allowed with no permit or registration
Colorado, 2 rain barrels, no permit needed110Utah, 2 containers, no registration needed200050100150200gallons

The Utah figure comes from source 3, the Utah rainwater storage law.

Source 1.

Show the numbers
Colorado, 2 rain barrels, no permit needed110
Utah, 2 containers, no registration needed200

Register with the state engineer, giving a name, an address, the container capacity and the property location, and the combined limit rises to 2,500 gallons, at no stated cost.

Utah rainwater storage before and after registering
Without registering with the state engineer200After registering with the state engineer2,50005001000150020002500gallons

Registering costs nothing and requires only a name, an address, the container capacity, and the property location, given to the state engineer.

Source 3.

Show the numbers
Without registering with the state engineer200
After registering with the state engineer2,500

Utah law also states directly that none of this creates a water right, and the collected water cannot be sold, transferred, or combined with an actual water right. Both totals only cover water used on the same parcel of land where it was collected. The registered ceiling in Utah, 2,500 gallons, is about 22.7 times the unpermitted limit in Colorado, 110 gallons, a comparison this publication calculated by dividing the 2 sourced figures, not a number either state publishes itself.

Sources

  1. House Bill 16-1005, Concerning Reducing Barriers To Using Graywater. Colorado General Assembly. Published 2016-05-12. Accessed 2026-09-04.
  2. Rainwater, Storm Water and Graywater. Colorado Division of Water Resources. Accessed 2026-09-04.
  3. Utah Code Section 73-3-1.5, Capture and Storage of Precipitation. Utah State Legislature. Published 2013. Accessed 2026-09-04.
  4. New Colorado Law Brings Rain Barrel Owners Out From Shadows. Colorado Public Radio. Published 2016-05-12. Accessed 2026-09-04.
  5. Rainwater Collection in Colorado. Colorado State University Extension. Published 2025. Accessed 2026-09-04.

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