HB1106 would change Colorado law governing residential rooftop precipitation collection, commonly known as rain barrels. Under current law, only single-family homes and multifamily residences with four or fewer units may collect rooftop precipitation, and they are limited to two rain barrels with a combined capacity of 110 gallons or less. The bill removes that storage cap and eliminates the existing statutory limits on how the collected water may be used, allowing any amount of rooftop precipitation to be collected for any use on the property of a qualifying small residence.
The bill also updates a related public health statute directing the Department of Public Health and Environment to develop best practices for residential rooftop precipitation collection. As introduced, it would expand those best-practice guidelines to address both potable and nonpotable use of collected precipitation. The bill does not change the basic restriction that collected precipitation may not be used for drinking water or indoor household purposes under the current text, but it does remove the outdoor-use limitation and the specific 110-gallon storage limit from the water code section it amends.
Impact
If enacted, HB1106 would amend Colorado Revised Statutes sections 37-96.5-103 and 25-1.5-210. It would broaden the legal rights of owners or occupants of qualifying small residences to capture and store rooftop precipitation in larger quantities and to use that water more flexibly on residential property. The bill would also require the state health department, within existing resources, to consider best practices for both potable and nonpotable uses of collected precipitation, while leaving the state engineer’s authority to curtail rain barrel usage intact.
Sentiment
The available voting history suggests the bill was not controversial in committee at the point reflected in the record: the House Energy & Environment Committee voted 12-0 to postpone the bill indefinitely. Because there are no transcript excerpts, there is no recorded debate to show detailed support or opposition arguments. The unanimous vote indicates either broad agreement to set the bill aside or a lack of support for advancing it in its introduced form.
Contention
The main policy issue is the scope of residential rainwater harvesting rights. Supporters would likely favor removing the 110-gallon cap and use restrictions as a low-cost water conservation measure, while opponents may worry about water-rights administration, impacts on downstream water availability, or the appropriateness of expanding use beyond outdoor irrigation. Another point of tension is the bill’s reference to potable use in best-practice guidance, which could raise concerns even though the underlying statute still prohibits drinking water and indoor household use. The committee’s unanimous decision to postpone indefinitely suggests the bill did not advance, but the record provided does not identify specific members or groups taking those positions.
A BILL to amend the Code of Virginia by adding in Article 4 of Chapter 2 of Title 33.2 a section numbered 33.2-280.3 and by adding in Article 2.6 of Chapter 3.1 of Title 62.1 a section numbered 62.1-44.15:85, relating to precipitation design standards; non-stationary precipitation; climate-adjusted rainfall.