Water Rights and Rain Barrels

“Water rights” refers to the right of users to take water from a water source and use it or sell it. Water law and rights are determined by either riparian doctrine or doctrine of prior appropriation. The “doctrine of appropriation” is a water rights system where the first person to divert water from a natural source and use it beneficially gains a priority right to that water, regardless of land ownership. Under riparian doctrine, water rights belong to those landowners whose land physically touches a river, pond, or lake. The water rights are transferred in the sale of land.

Water laws in Arkansas are all based on riparian doctrine. There are some limitations; it may not be unreasonably detained or diverted, and for domestic use, meaning limited to the quantity of water needed for a family, a garden, and in some cases, grazing animals. Even though Arkansas has a lot of surface water, 63 percent of the water utilized comes from groundwater. Arkansas landowners can withdraw groundwater from underlying aquifers without limit if the water is put to beneficial use. This right cannot be sold separately from the land.

In accordance with these rules, it is legal to collect rainwater in Arkansas. A great way to collect rainwater is with a rain barrel! Rain barrels capture water from a roof and hold it for later use on lawns, trees, gardens, or indoor plants. It’s a great way to conserve water, and it’s free! Not only will it save you money on water bills, a rain barrel also helps reduce demand for energy-intensive treated tap water, limits stormwater runoff and erosion, and saves water for use during droughts.

Remember that as rainwater flows over a roof surface, it can pick up pollutants such as bacteria from birds and other animals and chemicals from roof materials – consider these factors when thinking about using rain barrel water on edible plantings.

Maintain your rain barrel using a scrub brush to clean and remove algae and grit. During winter, empty and store your barrel or maintain a low water level to prevent cracks.