epmatsw
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Water is controlled by the state due to the Colorado Constitution article 16. Section 37-92 of the Colorado Statutes outlines the punishments for violating water rights. 37.96 includes the new exemption for rain barrels (which preempt previous water rights, making it not-theft up to the 110 gallon limit). So in Colorado at least, you’d be breaking a state statute and be subject to state intervention and a fine if you collected more. No one’s gonna actually complain if you do in a reasonable way obviously, but that’s why they had to add the rain barrel carve out.
Spoilers: a lot of people don’t understand water rights in the west and/or have never had to think about it. There’s a reason Colorado had to do a carve-out for our 110 gallon limit, and it’s not because “it’s just regulated!”
I for one get to enjoy the complexity of a property without water rights, that has a canal owned by a corporation that preempts my city flowing through it, while also having rain barrels. There’s at least 4 parties involved in who gets what water that touches my land, and I’m tied for last lol.
