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Water Bills in Legislature Surface Again

By
Real Estate Agent with The Berkshire Group

For those of us who have either lived in the mountains or are realtors, we have dealt with water issues on a regular basis. As REALTORS, we know that water is gold in Colorado and that someone, and you may never know whom, has purchased the water rights for almost every drop in the State.  Which means, of course, you cannot divert nor store water that does not belong to you.

A simple fact is, that you cannot store water that runs off your roof, runs onto your property or divert from a creek or stream. We cannot interfere with the water running back to the river or soaking back into the acquifer where it belongs. You can't use barrels to store water from the run-off from your roof, for example.

In a recent Denver Post article, a story follows Sen. Chris Romer's efforts to conserve water and keep his garden lush and green. What he discovered...his efforts were illegal. Romer, undeterred and with support from other legislators, has two bills making their way through the legislature that would make a few steps toward allowing some homeowners to have rainwater-capture systems.

The Supreme Court hasn't been very receptive, so they have their work cut out for them. This is one issue that we will want to watch carefully.

 

Kenneth Cole
Weichert Realtors Appleseed Group, 2043 Richmond Ave. S.I.N.Y. 10314. office phone 718-698-9797, Appleseedhomes.com... - Staten Island, NY
NYS Licensed Real Estate Salesperson

Can't store rainwater from the roof?  What are we talking about? Communist Russia?  Whatever happened to individual personal rights?  The rights of the many supersede the rights of the individual?  That's not what a Republic is.  Keep us posted.

Feb 14, 2009 11:49 AM
Anonymous
Emelyn Morris-Sayre

Kenneth, this is a real issue in Colorado and there is so much water law, that I cannot begin to go into the history. But the bottom line is, you cannot divert the water, you cannot store it and here in Colorado when you want to build a home in the mountains or rural areas you apply for a well permit....you will typically be given a household use only...inside your home, no washing our car or watering a garden. You can apply for a domestic well which allows you to water your horses and other animals as well as irrigate your property.  There is no way in a short blob we can touch on all of the issues....the main thing is that people should be aware that they need to consider the water issues when they are purchasing property.

Water is Gold in the West and is not an issue that is going to go away. The law is based on legitimate concerns and people just need to become educated before they buy....no matter where.

Feb 14, 2009 12:06 PM
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