by Jeff Kray at Marten Law Group
Washington and some other states have started to manage precipitation and stormwater runoff as a beneficial resource, rather than treating it as a waste stream.
There are many ramifications to be considered in utilizing precipitation as a water source, including impacts to groundwater, impacts to surface water to which such runoff may be tributary, health concerns associated with a private water source, and regulatory compliance.
Additional guidance from the Washington State Legislature and/or Ecology is needed to address the complications inherent in the current rule and regulations. At this time, rainwater collection in Washington makes sense for:
* Projects in waterfront or island locations where diverted stormwater flows would not impact existing surface water rights.
* Projects in areas where stormwater conveyance systems are combined with sanitary sewer systems in such a way that precipitation water diverted from the system would not otherwise impact nearby surface water flows.
* Projects where current water sources are insufficient due to local weather patterns, geological conditions, and infrastructure restrictions, and where it can be demonstrated that rainwater harvest will not impact existing water rights.
* Small, independent systems where the quantity of water used can arguably be considered negligible.
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