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House passes bill allowing 2,500‑gallon backyard rainwater tanks without water‑right appropriation

Utah House of Representatives · March 3, 2010
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Summary

First substitute Senate Bill 32, approving residential rainwater collection (up to 2,500 gallons) without a separate water-right appropriation and requiring an online notice to the state engineer, passed the House 71–0. Supporters said it promotes conservation while protecting existing water rights.

The Utah House on March 3 approved first substitute Senate Bill 32, 71–0, a measure allowing residents to install up to 2,500‑gallon tanks to collect rainwater from their roofs without obtaining a formal water‑right appropriation.

Sponsor Representative Painter told the House the measure lets homeowners "install a 2,500 gallon tank in their backyard to collect rainwater off the roof of their home and without having to get an actual appropriation for a water right." The bill requires the state engineer to provide an online portal so individuals can notify the office of their collection activity.

Supporters said the approach balances conservation incentives with safeguards for existing water‑right holders: collection sites will be recorded so that, in times of drought or dispute, downstream water‑right holders can identify where water is being captured. Representative Barry emphasized that the registration date can also help claim a future priority if an owner later seeks to establish an active water right.

Representative Hendrickson noted a potential conflict and disclosed that he has a 15,000‑gallon tank and collection system at his property; his disclosure was noted on the record. Lawmakers debated implementation logistics briefly but the bill drew broad floor support and was returned to the Senate after the recorded vote.

The bill's sponsors described it as an interim, carefully circumscribed policy to encourage small‑scale household collection while maintaining the primacy of existing appropriation rights.

The House record shows passage on a unanimous vote; the measure will next proceed back to the Senate for signature and enrollment.