Yes, rainwater collection is legal in New Mexico, but subject to the state’s prior appropriation doctrine and local water rights enforcement. Residents may collect rainwater for non-potable uses under the 2023 amendments to the Water Code, provided it does not impair downstream rights. The New Mexico Office of the State Engineer (OSE) monitors compliance, particularly in basins with declared shortages.
Key Regulations for Rainwater Collection in New Mexico
- Prior Appropriation Doctrine: Collection must not interfere with existing water rights, as enforced by the OSE under the New Mexico Water Code (NMSA 1978, § 72-12-1 et seq.). Unauthorized diversions risk administrative penalties.
- Permit Requirements: Systems exceeding 200 gallons require an OSE permit if connected to a well or municipal supply, per 20.6.10 NMAC. Small, passive systems (e.g., barrels) are exempt but must comply with local ordinances.
- Local Ordinances: Counties like Santa Fe and Bernalillo impose additional restrictions, including roof material standards (e.g., non-toxic coatings) and mandatory overflow systems to prevent runoff violations. Check with the New Mexico Environment Department (NMED) for 2026 updates on stormwater regulations.
Note: The 2023 Rainwater Harvesting Act (HB 207) expanded legal protections for residential use but retains strict oversight in adjudicated basins (e.g., Middle Rio Grande). Always verify with the OSE’s Water Rights Determination Database before installation.