Overview

Californians may now legally capture and use rainwater harvested from rooftops. Departing from Western states' long-standing tradition of making it illegal to capture and use precipitation based on the prior appropriation doctrine, the California Legislature enacted and Governor Brown signed the "Rainwater Capture Act of 2012" [2012 Cal. Stats. ch. 537, Sec. 2.] (the Act). The Act exempts the capture and use of rainwater from rooftops from the State Water Resources Control Board's (SWRCB) permitting authority over appropriations of water. This development affords residential users and private and public entities with a new source of on-site water supply, which should reduce reliance on potable water for landscaping needs and provide a recharge benefit to underlying groundwater aquifers.

Summary of the Act

Prior to enactment of the Act, the SWRCB required all would-be appropriators to apply for and obtain a permit to appropriate water from any source, including water falling in the form of precipitation. Under the Act, however, the use of rainwater - defined as "precipitation on any public or private parcel that has not entered an offsite storm drain system or channel, a flood channel, or any other stream channel, and has not been previously been put to beneficial use" - is not subject to the California Water Code's SWRCB permit requirement [California Water Code §§ 1200 et seq.] Relief from the permit requirement enables residents, private businesses, and public agencies to create new on-site water supplies to meet landscaping needs, thus decreasing the use of potable water to meet those needs. The language of the Act Page 1 recognizes that it may contribute to attainment of the state-wide "20x2020 goal", which aims to achieve a 20 percent reduction in urban per capita potable water demand by December 31, 2020. [2012 Cal. Stats. ch. 537, Sec. 2.]

The Act further provides that it is not intended to alter or impair existing rights, change existing water rights law, affect the use of rainwater on agricultural lands, or impair the authority of water suppliers to protect the public health and safety of public water supplies as authorized by California law.