Is water catchment illegal?
A recent Truth Denied Talk Radio show mentioned one possible solution for both water shortage and as well as flood prevention. The guest stated:
In his own words, Jack Smith stated that:
~“What if we built underground dams, about a mile wide, a mile deep and a mile underground? The water from the flooded area would be siphoned into tunnels that would connect to the underground reservoirs, where it would be processed into usable water for farms, human, and livestock consumption,” he said. “This would save water and prevent the towns from being flooded again.”~
However, according to a ton of public information from our government, catching water in some states is flat out illegal. Regulations may forbid us all u from collecting water on our own property, especially surface water. What is the logic behind this move , you may ask?
Texas regulation states that:
“Some concerns arise on the ownership of diffused surface water, which is surface water, in its natural state, that occurs after a rainfall or snow melt, and runs off a roof or flows across the land in an unpatterned way. Diffused surface water is commonly referred to as storm water, drainage water, or surface runoff. Texas law states that diffused surface water is the property of the landowner until it enters a natural watercourse. Once this water enters a natural watercourse it becomes property of the state.”
Since flood water is water that enters via a natural watercourse, then flood water may no longer belong to you. Storing flood water is illegal. This makes Jack solution illegal unless you capture, deliver and store the rain water before it merges and flows in natural watercourse.
Oklahoma have almost the same restriction:
“To summarize, the state’s property ownership law dictates the following about ownership of water:
– Diffused water, i.e. water flowing over the surface of the earth and not forming a definite stream, is owned by the owner of the land. There are no statues that specifically apply.”
“All water in British Columbia is owned by the Crown on behalf of the residents of the province. Authority to divert and use surface water is obtained by a licence or approval in accordance with the statutory requirements of the Water Act and the Water Protection Act .
In British Columbia, simply having access to surface water within or adjacent to property does not authorize a right to divert, use or store water.”
Utah allows collecting rain water but with limitations:
Rainwater harvesting is now legal in the state of Utah, starting May 11 2010. Senate Bill 32 was approved in the 2010 session that provides for the collection and use of precipitation without obtaining a water right after registering on the Division of Water Rights web page (waterrights.utah.gov). There is no charge for registration. http://www.waterrights.utah.gov/wrinfo/faq.asp
Storage is limited to one underground 2500 gallon container or two above ground 100 gallon containers. Collection and use are limited to the same parcel of land owned or leased by the rainwater collector.”
You would also need to obtain permission to drill a well or may have to purchase your water rights in order to actually to use the water:
“You must own a water right to divert and use water in the State of Utah. Water well drillers are licensed and cannot drill a well unless permission to drill has been obtained from the State Engineer. You must determine if your area is open, restricted or closed to new water rights. This will determine which application you need to file.”
“I understand I need to buy a water right. How do I go about it? Answer: Water rights are classified as “real property” in the state of Utah and are bought and sold much like real estate. Many real estate agencies will have listings for water rights much as they do for properties.”
There is a recent example of man who was arrested and jailed for collecting rain water:
“A rural Oregon man by the name of Harrington was sentenced Wednesday to 30 days in jail and over $1,500 in fines because he had three reservoirs on his property to collect and use rainwater. According to the article, it states that
“Harrington told CNSNews.com, however, that the 1925 law doesn’t mention anything about colleting rainwater or snow melt — and he believes that he has been falsely accused.
“The withdrawal said the stream and its tributaries. It didn’t mention anything about rainwater and it didn’t mention anything about snow melt and it didn’t mention anything about diffused water, but yet now, they’re trying to expand that to include that rain water and they’re using me as the goat to do it,” ~Harrington
Listen to Mr. Harrington’s thoughts, he makes great sense here!
According to Oregon water laws, all water is publicly owned. Therefore, anyone who wants to store any type of water on their property must first obtain a permit from state water managers.”
PM accused of ‘tricksies’ over water rights
“The lawyer for the Maori Council this morning accused Prime Minister John Key of “tricksies” when he had told the public no-one owned water. During an at-times impassioned submission Felix Geiringer said Key’s claim was “meaningless” and was an error of law.”
It is unfortunate that water is not free. You don’t own them. You can use them only because your government give you their permission. Rain water that fall to your land may not belong to you anymore.
Water is not a human right.
RESOURCES For water Catchment, it’s still very legal in most states!
ABOVE PHOTO FUNDS & GRANTS for Water Catchment: http://article.wn.com/view/2012/07/23/IAF_Grant_For_Manuherikia_Catchment_Strategic_Water_Study/