Mark Robison

mrobison@rgj.com

Can you use a rain barrel to collect water in Reno-Sparks?

Short answer

No.

Full answer

During spates of rain as we've had recently, the topic of rain barrels comes up.

These are what they sound like: a barrel that you collect rain or other precipitation so that you can use or redirect the water later.

How they work generally is that the downspout coming from the roof gutter is cut or has a diversion spout so rain empties into a barrel. Barrels then have a faucet inserted into the base. A hose can be attached to redirect the water when and where needed.

This is not legal in Nevada.

JoAnn Kittrell, public information manager for the Nevada Department of Conservation & Natural Resources, responded to my question about the legality of rain barrels by email:

"This is a question that comes up periodically. NRS 533.030 provides that 'subject to existing rights, and except as otherwise provided in this section, all water may be appropriated for beneficial use as provided in this chapter and not otherwise.' It is interpreted to mean that you can't collect and use water, even if it is just a rain barrel, without the benefit of a water right."

This is a misdemeanor.

Following up, I asked if this applied to just people who are customers of a utility such as Truckee Meadows Water Authority or if someone in an unincorporated area of the county on their own individual well could use a rain barrel legally.

"Any collection/containment of rainwater by anyone, anywhere in the state is a violation of Nevada water law," Kittrell said.

As to examples where someone in Nevada has been fined for an illegal rain barrel, she said, "The Division of Water Resources has not (policed), and does not plan to police, rain barrels."

UPDATE

After this story posted on RGJ.com, a member of the Gardening in Northern Nevada Facebook group linked to a Nevada Attorney General's Office opinion saying the opposite.

I asked Kittrell about this document. She responded:

"I spoke with the author of the opinion who explained to me that while the focus of his opinion was regarding guzzlers (water catchers to support wildlife), he went on to opine that he didn't interpret the law as prohibiting the capture of precipitation. However, he added that Nevada water law does not authorize collection of precipitation either. He also noted that it is the State Engineer's interpretation on water law that takes precedence."

That means rain barrels are prohibited — but, again, this law is not enforced.

UPDATE 2

The gardening group member later commented that she contacted the University of Nevada, Reno and got confirmation that it believed rain barrels were legal.

So I contacted Mike Walker, interim director of the University of Nevada Cooperative Extension. His specialty is water supply protection.

He said state law trumps county and local rules.

"If the state engineer is saying that impounding water is illegal even when it's a tiny volume then technically it's illegal," Walker said. "The cooperative extension has to conform to the laws in effect."

Through September, the RGJ's Mark Robison investigates reader questions about any aspect of the four-year drought and how it affects life in Northern Nevada. Send yours to mrobison@rgj.com.