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After we revealed last week that it's illegal for most people to collect and use the rain that falls on their roof, lawmakers are talking about changing the law.
We've received e-mails from people who are upset about this. They say, OK, if we don't own the rain, it's like making it illegal to use sunshine or the air that blows across your property. State Sen. Scott Jenkins has already filed a bill to change the law.
It's all a question of water rights. If you capture rain water in a barrel and sprinkle it on your flowers, you're technically breaking the law unless you hold a valid water right.
Lawmaker Pat Jones hasn't decided yet if the law should be changed, but she's looking into it. "My first thought was, this is ridiculous that we can't collect our own rain water."
State officials argue there has to be an orderly system of defining who has the right to use state waters.
Boyd Clayton of the Utah Department of Natural Resources explained, "Because the rain water is the water supply that the state has."
The state made an issue out of it in the case of car dealer Mark Miller. He built a rooftop system to capture and store rain water for his new car wash.
Sen. Jones said, "We shouldn't punish someone for doing what we feel is the right thing to do."
The state never enforces the law against home users of rain water, even though users could theoretically get jail time for repeated violations.
"Well then, let's change the law," Jones said, "because that doesn't make sense, either. If you're going to have a law, enforce the law."
Ultimately, the city of Salt Lake agreed to let Miller use city water rights. Officials say that should reassure people downstream who have made investments based on their own water rights.
Clayton said, "That's the idea of the water rights system, is to protect the people who put water to use and who want to put water to use. They ought to have some certainty about what to expect from everyone else."
The state even argues Mark Miller himself benefits by pinning down his legal right to the water. "His investment is secure because he has the right to use it," Clayton said.
Well, maybe so, but our story touched a nerve, especially with people who think it's just way too much government. Right after our story aired, Sen. Scott Jenkins filed a bill to change the law. He says the state shouldn't interfere with beneficial uses of rain water.
E-mail: hollenhorst@ksl.com
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