OUR VIEW: Let the rain fall where it may

Rain is falling all around but don’t save an ounce of it or you’re a criminal. At least, that’s how an outdated Utah law reads.

In an attempt to be economical and do their part to preserve the environment, the Mark Miller Toyota dealership in Salt Lake City contrived a system to capture 8,000 gallons of rain water on the roof of the dealership. This was part of his larger effort to be LEED certified – a green certification. Sounds good, right? Here’s business being economically and environmentally responsible.

Instead of praising Miller, the state slapped his hand and basically said, “Um, actually the rain water belongs to us. You’re breaking the law and you have to go through us to work this out.”

Wow, talk about the government taking control of everything.

The state water rights laws go back to the early part of the 20th century, when farming was dominant and water needs were extremely important. According to The Salt Lake Tribune, the law states that all water in the state is public property.

Since about 60 percent of humans is water, does this mean that every citizen is really public property? What about the condensation on a Coke can? Does the state own that, too? We’re sure Aquafina wouldn’t like the idea of Utah being the true owner of their product.

We understand water laws are complex and are deeply political between farmers and government officials. But, seriously, all rain water belongs to the state? How do they figure?

Rain is a natural process that has its roots in science, not politics. Scientists can’t accurately guarantee how much rain will fall in a given year, so if it’s impossible to quantify, how can it can be controlled by the state?

Rain is a source of life to plants and animals alike. It falls where it may and that can’t be controlled either. So why does the state control it?

This law is a violation of property rights and should be changed to reflect that. It is contradictory for the state to claim all water that falls on your land belongs to them, yet the leaves that fall off trees – also nature’s doing – are your responsibility to clean up. If they want our water, they should clean up our leaves too.

Government officials have assured us they won’t likely come after a private citizen who collects rainwater from their drain spout. But they have no problem going after a business. Why the double standard? Why allow a law to remain on the books when it won’t be enforced fairly? Fraud is fraud, whether one person or a corporation commits it. Shouldn’t this law be enforced similarly?

This law is ridiculous and has received national and international attention, with most people pointing the finger and laughing at such a ridiculous notion. After all, in many parts of the world, people depend heavily on the collection of rainwater. What would happen to people in Africa if the government controlled their right to water? They would probably die.

So why is it that when Utahns collect water in an effort to conserve and be responsible, they become law-breakers? Every year, it seems the state requests citizens to cut back on water usage, especially outdoor use of water. According to the state water conservation Web site, nearly two-thirds of the water used at home is used outdoors. Wouldn’t it make sense to save rainwater and use it to water the lawn?

These are extremely contradictory goals and the state needs to do something about it. Instead of worrying about when the legislative session should start next year, the state legislators should actively worry about revising this antiquated law.