Under the Umbrella of Water Law: Why Rainwater Harvesting Should Constitute a Valid Water Right Authors

Abstract: Rain is a major source of water. It provides for our greatest needs, such as feeding our gardens, crops, rivers, and lakes. As global climate change continues to unfold, the impacts of water availability and water pollution simultaneously grow more urgent. Water rights are a mechanism in the United States’ legal system to allocate, regulate, and manage water as a natural resource. These rights are limited, however, in their coverage and varied in their application. For example, access to rainwater is not a recognized water right despite being a major source of water. The ecological and economic incentives of rainwater harvesting are expansive, and the formal recognition of rainwater harvesting as a valid water right can utilize these benefits. Consequently, smarter management of rainwater harvesting will result in reduced harmful stormwater runoff and pollution and improve access to potable and non-potable water. This Comment seeks to encourage states to recognize rainwater rights as a valid water right, or pseudo “rain right,” to address certain negative impacts of climate change and capitalize on the benefits of rainwater harvesting. By employing Washington State as an example, this Comment highlights the practical impacts of this proposal and potential future improvements.