Who Owns the Rainwater? Navigating Georgia’s Water Rights and Conservation Laws

Published On:
Who Owns the Rainwater? Navigating Georgia's Water Rights and Conservation Laws

In Georgia, rainwater falling on private property generally belongs to the landowner, distinct from running water in streams, which follows riparian rights principles. Landowners can legally harvest rainwater for non-potable uses like irrigation without permits in most cases. State guidelines encourage this practice to promote conservation while regulating larger or potable systems.​

Water Rights Framework

Georgia follows a riparian doctrine for surface water, where running water on land belongs to the landowner but cannot be diverted in ways that harm downstream owners. Riparian owners enjoy reasonable use without ownership of the water itself, limited to prevent prejudice to others. This does not directly govern diffuse rainwater prior to runoff.​

Rainwater Harvesting Rules

Rainwater harvesting is legal and state-supported for residential and non-residential non-potable applications, such as garden watering or toilet flushing. Systems under 200 gallons often skip disinfection; larger ones require filters and approved methods like UV or chlorine for indoor reuse. No statewide permit is needed for basic rain barrels connected to downspouts.​

Conservation Laws Overview

The Georgia Water Stewardship Act (effective 2010) promotes efficient use, allowing daily outdoor watering for landscaping while incentivizing harvesting to cut stormwater runoff. Harvesting reduces erosion and pollutants entering waterways, aligning with EPD guidelines. Local ordinances may add rules, so check municipal codes for installations.​

SOURCES

[1](https://law.justia.com/codes/georgia/2020/title-44/chapter-8/section-44-8-1/)
[2](https://adoptastream.georgia.gov/rain-barrels-0)
[3](https://www.ntotank.com/blog/rainwater-harvesting-laws-regulations-and-rights-by-us-state)
[4](https://rivercenter.uga.edu/wp-content/uploads/2021/01/Water-Management-Laws-GA-Howett.pdf)
[5](https://www.epa.gov/waterreuse/summary-georgias-water-reuse-guideline-or-regulation-rainwater-collected-onsite-non)

Leave a Comment