Using Graywater and Stormwater to Enhance Local Water Supplies An Assessment of Risks, Costs, and Benefits (2016) / Chapter Skim
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8 Legal and Regulatory Issues
8 Legal and Regulatory Issues
Pages 141-153
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From page 141... ...
. with regulations that restrict the beneficial use of stormwater,2 although a pilot program is under way to gather data in new Prior Appropriation developments regarding the feasibility of stormwater capture for water conservation without injuring the water rights of The prior appropriation doctrine is the sole or predomi- others.3 Six prior appropriation states have developed regunant system of water allocation used by most states in the 1 See http://www.coastal.ca.gov/nps/watercyclefacts.pdf.
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From page 142... ...
. Four of these precise rights of water right holders to runoff and return six are coastal states, suggesting perhaps that states discharg- flows are, on the whole, unresolved at this point, it is not ing stormwater directly to the ocean or Gulf of Mexico may unprecedented for courts to hold in favor of technological be more willing to consider regulatory exemptions to water improvement and perceived efficiency over the water rights rights permitting for stormwater capture and use if the ben- of others.5 The answer also may depend on whether the efits within the state are judged to outweigh the negative im- individual capturing and using the stormwater or graywater pacts.
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From page 143... ...
However, rights to water before it reaches a natural watercourse, Reductions in streamflow that may result from stormwater whether from runoff or discharge, may be even more tenuous and graywater capture and consumptive use have the potential in this allocation system than under prior appropriation. The to adversely affect not only water rights, but also the riparian concept of equity that underlies the riparian rights doctrine, ecosystems on which protected species rely.
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From page 144... ...
. Existing Federal laws do not specifically govern the use of cap- legal requirements with a historical preference for end-oftured stormwater, but federal water quality laws may influ- pipe BMPs are likely to act as a deterrent to some facilities' ence stormwater capture projects through the Clean Water Act and municipalities' adoption of stormwater capture and use, (CWA)
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From page 145... ...
. The legality of stormwater capture and use in the quality criteria.
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From page 146... ...
On-site, nonpotable water must be filtered and disinfected for use in toilet flushing. Disinfection is not specifically required for roof runoff, but all water for toilet flushing must meet applicable water quality requirements set by the "public health authority having jurisdiction." In absence of local water quality standards, the 2012 UPC directs local agencies to the EPA Water Reuse Guidelines (EPA, 2004b)
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From page 147... ...
TABLE 8-2-1 Minnesota Water Quality Guidelines for Stormwater Capture and Use for Irrigation Water Quality Parameter Impact of Parameter Water Quality Guideline -- Public Access Areas E coli Public health 126 E
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From page 148... ...
. extreme cases, adverse effects on a neighbor's use and en- State regulations are widely variable with respect to aljoyment of property caused by vectors or odors also could lowable graywater reuse applications and treatment requireleave a stormwater harvester vulnerable to private nuisance ments (Yu et al., 2013)
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From page 149... ...
to graywater reuse. Among states with graywater regulations, there are nu States in arid regions, where ever-growing pressure on merous differences with respect to allowable uses, permismunicipal water supplies has prompted widespread interest sible equipment, and treatment/water quality standards.
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From page 150... ...
for graywater systems in its plumbing code, yet have public The UPC and IPC, each of which has been adopted by many health or sewage disposal laws requiring all domestic wastestates, are the two most prevalent model plumbing codes. water to be discharged to the sewer system (Sharvelle et al., These model codes identify permissible graywater reuse pro- 2013)
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From page 151... ...
prior appropriation states, the legal framework restricts As discussed in this chapter, few states have water qual- the use of on-site graywater or stormwater out of concern ity regulations or guidance for graywater and stormwater for impacts to downstream water rights holders. However, use, and those that exist are widely variable (see Box 8-2 and impacts to downstream ecosystems, including streams and Table 6-2)
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From page 152... ...
. Thus, unless water rights can be acquired As technologies and strategies continue to advance, gray- or legislative solutions developed, opportunities for largewater and stormwater use is being incorporated into law in scale stormwater capture projects to expand existing water a variety of respects at the federal, state, and local levels.
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From page 153... ...
effective maintenance, monitoring, and reporting strategies. Whether such exposures would lead to unacceptable risks at Inconsistencies often exist between plumbing codes various scales has not been definitively resolved, but higher and public health or on-site disposal laws within the same risks are likely with increased exposures.
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