I thought I was simply saving water, but one casual comment from a neighbor made me wonder whether collecting rainwater could actually be illegal. That question led to a surprising story involving water rights, court battles, and an Oregon man who went to jail. But the truth is far less alarming than the rumors surrounding rain barrels. In most places, placing a small barrel beneath a gutter to collect rooftop runoff is generally very different from interfering with natural waterways. A typical rain barrel is used to store water for gardens or other household purposes and is not treated the same way as creating a reservoir or blocking a stream.
The confusion partly comes from the case of Gary Harrington in Oregon. He was not imprisoned simply for collecting rainwater in barrels. His case involved three large reservoirs created by dams that captured water before it reached a creek. Oregon’s water system operates under prior-appropriation rules, meaning certain water sources may already be legally allocated to others. Authorities argued that Harrington was unlawfully storing water that was subject to existing water rights.
The case shows why the details matter. A simple container collecting water from your roof is one thing, while constructing ponds, dams, or reservoirs that redirect or hold natural streamflow can be something entirely different. As the original story puts it, “The line between thrifty and illegal” depends on what kind of water you are collecting and how you collect it. The distinction is important because the legal issues generally arise from how water is diverted, stored, or claimed—not merely from the act of catching rainwater from a rooftop.
The safest approach is simple: check your state’s water regulations before installing anything beyond a basic rain barrel. Local plumbing or building authorities can also clarify the rules that apply in your area. You probably don’t need to fear your downspout, but larger water projects deserve a closer look. What seems like a harmless effort to conserve water can become a legal issue when it involves natural waterways, dams, reservoirs, or existing water rights.
