This part shall be known, and may be cited, as the Rainwater Capture Act of 2012.
Part 2.4Rainwater Capture Act of 2012
Section § 10570
This law is called the Rainwater Capture Act of 2012. It officially names the section of law related to capturing rainwater.
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Section § 10571
This law highlights the increasing challenge of stormwater runoff in California due to urban development, which reduces groundwater recharge and increases pollution in surface waters. With changing precipitation patterns, more rain than snow is expected, impacting water storage in reservoirs designed for snowmelt. The law emphasizes that capturing and managing rainwater can help augment local water supplies by recharging groundwater and reducing potable water demand. Efforts to enhance rainwater capture involve everyone from landowners to government agencies.
The Legislature finds and declares all of the following:
(a)CA Water Code § 10571(a) As California has grown and developed, the amount of stormwater flowing off buildings, parking lots, roads, and other impervious surfaces into surface water streams, flood channels, and storm sewers has increased, thereby reducing the volume of water allowed to infiltrate into groundwater aquifers and increasing water and pollution flowing to the ocean and other surface waters. At the same time, recurring droughts and water shortages in California have made local water supply augmentation and water conservation efforts a priority.
(b)CA Water Code § 10571(b) Historical patterns of precipitation are predicted to change, with two major implications for water supply. First, an increasing amount of California’s water is predicted to fall not as snow in the mountains, but as rain in other areas of the state. This will likely have a profound and transforming effect on California’s hydrologic cycle and much of that water will no longer be captured by California’s reservoirs, many of which are located to capture snowmelt. Second, runoff resulting from snowmelt is predicted to occur progressively earlier in the year, and reservoirs operated for flood control purposes must release water early in the season to protect against later storms, thereby reducing the amount of early season snowmelt that can be stored.
(c)CA Water Code § 10571(c) Rainwater and stormwater, captured and properly managed, can contribute
significantly to local water supplies by infiltrating and recharging groundwater aquifers, thereby increasing available supplies of drinking water. In addition, the onsite capture, storage,
and use of rainwater for nonpotable uses significantly reduces demand for potable water, contributing to the statutory objective of a 20-percent reduction in urban per capita water use in California by December 31, 2020.
(d)CA Water Code § 10571(d) Expanding opportunities for rainwater capture to augment water supply will require efforts at all levels, from individual landowners to state and local agencies and watershed managers.
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Section § 10572
This section makes it clear that nothing within this part should be interpreted to change or harm existing rights or water laws. It ensures that landscape contractors are not allowed to perform tasks needing a professional engineer's license. It maintains the authority of the California Building Standards Commission in setting rules for rainwater systems and ensures these rules don't affect rainwater use on farms. It also preserves the power of water suppliers as per specific regulations.
Nothing in this part shall be construed to do any of the following:
(a)CA Water Code § 10572(a) Alter or impair any existing rights.
(b)CA Water Code § 10572(b) Change existing water rights law.
(c)CA Water Code § 10572(c) Authorize a landscape contractor to engage in or perform activities that require a license pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code).
(d)CA Water Code § 10572(d) Impair the authority of the California Building Standards Commission to adopt and
implement building standards for rainwater capture systems pursuant to existing law.
(e)CA Water Code § 10572(e) Affect use of rainwater on agricultural lands.
(f)CA Water Code § 10572(f) Impair the authority of a water supplier pursuant to Subchapter 1 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations.
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Section § 10573
This section provides definitions for terms used specifically in this part of the regulations. It defines 'developed or developing lands' by referencing specific characteristics in another part of the law. A 'rain barrel system' is identified as a type of rainwater capture without using electricity or connection to a potable water system. 'Rainwater' is defined as precipitation that hasn't entered storm drains or been previously used. A 'rainwater capture system' is a setup for collecting rainwater from rooftops for use on the site. Lastly, 'stormwater' is defined with the same meaning as in another section of the code.
Solely for the purposes of this part, and unless the context otherwise requires, the following definitions govern the construction of this part:
(a)CA Water Code § 10573(a) “Developed or developing lands” means lands that have one or more of the characteristics described in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (b) of Section 56375.3 of the Government Code.
(b)CA Water Code § 10573(b) “Rain barrel system” is a type of rainwater capture system that does not use electricity or a water pump and is not connected to or reliant on a potable water system.
(c)CA Water Code § 10573(c) “Rainwater” means precipitation on any public or private parcel that has not
entered an offsite storm drain system or channel, a flood control channel, or any other stream channel, and has not previously been put to beneficial use.
(d)CA Water Code § 10573(d) “Rainwater capture system” means a facility designed to capture, retain, and store rainwater flowing off a building rooftop for subsequent onsite use.
(e)CA Water Code § 10573(e) “Stormwater” has the same meaning as defined in Section 10561.5.
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Section § 10574
If you collect rainwater from your rooftop, you don't need to get a special water right permit to use it.
Use of rainwater collected from rooftops does not require a water right permit pursuant to Section 1201.
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