Water Resources Program Home > Rainwater Collection Home > Laws, Permits and Current Rulemaking

Laws, Permits and Current Rulemaking

Why is Ecology Engaged in Rainwater Collection Rulemaking?

Washington State, like most of the rest of the western United States follows the Prior Appropriation Doctrine, the major tenet being first in time, first in right.  State law defines water resources as “all water above, upon, or beneath the surface of the earth, located within the state.” RCW 43.27A.020. Rainwater is therefore legally considered a water resource of the State.  The Department of Ecology (Ecology) is responsible for managing the State’s water and recognizes that rainwater collection has many benefits.  Regulating the use of small amounts of rainwater was probably not the intention of the statute when it was drafted.  Unfortunately, clarifying legislation on this matter was unsuccessful in the 2008 Legislature as well as the previous six legislative sessions.

Do I Really Need a Permit for My Rain Barrel?

Not for a traditional residential rain barrel but maybe for a larger cistern.  The difficulty in defining the permitting requirements for rainwater collection lies in differentiating between the systems that cause little, if any, hydrologic impact (the vast majority of small systems) and those systems that could cause impairment to other water right holders (including streams), notably in closed basins where no new water rights are being issued.  Rainwater collection for consumptive use (irrigation) could potentially cause impairment of other water rights by limiting the amount of water that would otherwise flow into freshwater streams with their own water right or streams that supply other water right holders.

Ecology has not required permits for systems using de minimus (negligible) amounts of rainwater (e.g., residential rain barrels or ornamental pond kits storing a few hundred gallons). The problem? De minimus has never been defined. Ecology is currently embarking on rulemaking to define what is and what is not subject to permit requirements and the water code itself. Furthermore, Ecology plans to create a distinct permit application for individuals and regional entities that plan to construct rainwater collection systems that do not qualify for the permit exemption, and the rule will authorize priority processing of those applications due to their stormwater management benefits.

Rainwater Collection – the Rule

As currently envisioned, the rainwater rule will acknowledge and clarify Ecology’s historical exceptions for small, de minimus capture and use of rainwater from the water code, the permit requirement (RCW 90.03.250), the reservoir permit requirement (RCW 90.03.370), and the secondary permit delineated in RCW 90.03.370.  As currently envisioned, the proposed rule would:

1. Create a new section in WAC 508-12 that, similar to the way WAC 508-12-260 clarifies when a reservoir permit is needed for barriers across streams, will clarify when a reservoir permit is needed for rainwater collection and use,
2. Clarify that the limitation of filling the reservoir only once annually in WAC 508-12-270 does not apply to rainwater collection,
3. Amend WAC 173-152-050 to specifically authorize priority permit processing for rainwater collection systems that do not fall under the permit exemption, and
4. Create a streamlined rainwater collection permit that references RCW 90.03.250 and combines the reservoir and secondary use permits.  This permit will be available for both individuals and for regional entities (similar to the already issued Seattle regional permit and the San Juan Island-wide permits currently in process).

The exact exemption thresholds and other specifics of the rule will be decided upon after stakeholder meetings and public workshops that attempt to gain a reasonable consensus on the issues.  Should stakeholders and the public think that a tiered approach is the way to go, the exemption to the code would be low and the exemption to the permit requirements would be an order of magnitude or more higher.  Alternatively, there could be one code or one permit exception.  Specific conditions for closed basins could be delineated in order to prevent new consumptive uses from coming into play.

Draft Rainwater Collection Rule

Rule Activity - Chapter 173–152 WAC - Water rights Chapter 508-12 WAC - Administration of surface and ground water codes

• Focus on Proposed Rainwater Rule

To provide your input and suggestions on rainwater collection please contact:

Judy Beitel
Department of Ecology WR-HQ
Phone: 360 407-6878
E-mail: jbei461@ecy.wa.gov