❓ Hon George Cash asks about the WA government's policy on ownership of rainwater collected on private property. The government clarifies that under common law, no one owns rainwater until it enters a watercourse, but they are considering regulating its use beyond stock and domestic purposes.
AnsweredQoN 218Legislative Council
QuestionView source ↗
WATER RESOURCES - OWNERSHIP
(1) What is the government’s policy on the ownership of water that falls on a person’s roof and/or property? (2) Is the government considering any changes to the current law on the water that falls on a person’s roof and/or property? (3) Which specific section of the relevant act provides for such ownership? Hon KIM CHANCE
(1) What is the government’s policy on the ownership of water that falls on a person’s roof and/or property? (2) Is the government considering any changes to the current law on the water that falls on a person’s roof and/or property? (3) Which specific section of the relevant act provides for such ownership? Hon KIM CHANCE
AnswerView source ↗
I thank the member for some notice of what is probably the most interesting question of the year. All of us want to know. Hon George Cash : Why don’t you stop there? Hon KIM CHANCE : While I am ahead? Who owns the rain that fall on one’s property is an interesting question, and that is what this question is all about. I will do my best to answer it. (1) Under common law, water that falls on a person’s roof or property is owned by no-one. Landowners may capture and use water that falls on their properties. This activity is largely unregulated, although it may be limited under the Rights in Water and Irrigation Act 1914; specifically by sections 5A and 5B. (2) In accordance with the report, “Government Response to A Blueprint for Water Reform in Western Australia”, published in February 2007, it has been recommended that the capture of water falling on roofs and property - referred to as overland flow - be regulated to the extent that it is used for more than stock and domestic purposes. It is proposed that this will be addressed in new water resource management legislation. (3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
(2) Is the government considering any changes to the current law on the water that falls on a person’s roof and/or property? (3) Which specific section of the relevant act provides for such ownership? Hon KIM CHANCE replied: I thank the member for some notice of what is probably the most interesting question of the year. All of us want to know. Hon George Cash : Why don’t you stop there? Hon KIM CHANCE : While I am ahead? Who owns the rain that fall on one’s property is an interesting question, and that is what this question is all about. I will do my best to answer it. (1) Under common law, water that falls on a person’s roof or property is owned by no-one. Landowners may capture and use water that falls on their properties. This activity is largely unregulated, although it may be limited under the Rights in Water and Irrigation Act 1914; specifically by sections 5A and 5B. (2) In accordance with the report, “Government Response to A Blueprint for Water Reform in Western Australia”, published in February 2007, it has been recommended that the capture of water falling on roofs and property - referred to as overland flow - be regulated to the extent that it is used for more than stock and domestic purposes. It is proposed that this will be addressed in new water resource management legislation. (3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
(3) Which specific section of the relevant act provides for such ownership? Hon KIM CHANCE replied: I thank the member for some notice of what is probably the most interesting question of the year. All of us want to know. Hon George Cash : Why don’t you stop there? Hon KIM CHANCE : While I am ahead? Who owns the rain that fall on one’s property is an interesting question, and that is what this question is all about. I will do my best to answer it. (1) Under common law, water that falls on a person’s roof or property is owned by no-one. Landowners may capture and use water that falls on their properties. This activity is largely unregulated, although it may be limited under the Rights in Water and Irrigation Act 1914; specifically by sections 5A and 5B. (2) In accordance with the report, “Government Response to A Blueprint for Water Reform in Western Australia”, published in February 2007, it has been recommended that the capture of water falling on roofs and property - referred to as overland flow - be regulated to the extent that it is used for more than stock and domestic purposes. It is proposed that this will be addressed in new water resource management legislation. (3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
Hon KIM CHANCE replied: I thank the member for some notice of what is probably the most interesting question of the year. All of us want to know. Hon George Cash : Why don’t you stop there? Hon KIM CHANCE : While I am ahead? Who owns the rain that fall on one’s property is an interesting question, and that is what this question is all about. I will do my best to answer it. (1) Under common law, water that falls on a person’s roof or property is owned by no-one. Landowners may capture and use water that falls on their properties. This activity is largely unregulated, although it may be limited under the Rights in Water and Irrigation Act 1914; specifically by sections 5A and 5B. (2) In accordance with the report, “Government Response to A Blueprint for Water Reform in Western Australia”, published in February 2007, it has been recommended that the capture of water falling on roofs and property - referred to as overland flow - be regulated to the extent that it is used for more than stock and domestic purposes. It is proposed that this will be addressed in new water resource management legislation. (3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
I thank the member for some notice of what is probably the most interesting question of the year. All of us want to know. Hon George Cash : Why don’t you stop there? Hon KIM CHANCE : While I am ahead? Who owns the rain that fall on one’s property is an interesting question, and that is what this question is all about. I will do my best to answer it. (1) Under common law, water that falls on a person’s roof or property is owned by no-one. Landowners may capture and use water that falls on their properties. This activity is largely unregulated, although it may be limited under the Rights in Water and Irrigation Act 1914; specifically by sections 5A and 5B. (2) In accordance with the report, “Government Response to A Blueprint for Water Reform in Western Australia”, published in February 2007, it has been recommended that the capture of water falling on roofs and property - referred to as overland flow - be regulated to the extent that it is used for more than stock and domestic purposes. It is proposed that this will be addressed in new water resource management legislation. (3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
Hon George Cash : Why don’t you stop there? Hon KIM CHANCE : While I am ahead? Who owns the rain that fall on one’s property is an interesting question, and that is what this question is all about. I will do my best to answer it. (1) Under common law, water that falls on a person’s roof or property is owned by no-one. Landowners may capture and use water that falls on their properties. This activity is largely unregulated, although it may be limited under the Rights in Water and Irrigation Act 1914; specifically by sections 5A and 5B. (2) In accordance with the report, “Government Response to A Blueprint for Water Reform in Western Australia”, published in February 2007, it has been recommended that the capture of water falling on roofs and property - referred to as overland flow - be regulated to the extent that it is used for more than stock and domestic purposes. It is proposed that this will be addressed in new water resource management legislation. (3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
Hon KIM CHANCE : While I am ahead? Who owns the rain that fall on one’s property is an interesting question, and that is what this question is all about. I will do my best to answer it. (1) Under common law, water that falls on a person’s roof or property is owned by no-one. Landowners may capture and use water that falls on their properties. This activity is largely unregulated, although it may be limited under the Rights in Water and Irrigation Act 1914; specifically by sections 5A and 5B. (2) In accordance with the report, “Government Response to A Blueprint for Water Reform in Western Australia”, published in February 2007, it has been recommended that the capture of water falling on roofs and property - referred to as overland flow - be regulated to the extent that it is used for more than stock and domestic purposes. It is proposed that this will be addressed in new water resource management legislation. (3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
Who owns the rain that fall on one’s property is an interesting question, and that is what this question is all about. I will do my best to answer it. (1) Under common law, water that falls on a person’s roof or property is owned by no-one. Landowners may capture and use water that falls on their properties. This activity is largely unregulated, although it may be limited under the Rights in Water and Irrigation Act 1914; specifically by sections 5A and 5B. (2) In accordance with the report, “Government Response to A Blueprint for Water Reform in Western Australia”, published in February 2007, it has been recommended that the capture of water falling on roofs and property - referred to as overland flow - be regulated to the extent that it is used for more than stock and domestic purposes. It is proposed that this will be addressed in new water resource management legislation. (3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
(1) Under common law, water that falls on a person’s roof or property is owned by no-one. Landowners may capture and use water that falls on their properties. This activity is largely unregulated, although it may be limited under the Rights in Water and Irrigation Act 1914; specifically by sections 5A and 5B. (2) In accordance with the report, “Government Response to A Blueprint for Water Reform in Western Australia”, published in February 2007, it has been recommended that the capture of water falling on roofs and property - referred to as overland flow - be regulated to the extent that it is used for more than stock and domestic purposes. It is proposed that this will be addressed in new water resource management legislation. (3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
(2) In accordance with the report, “Government Response to A Blueprint for Water Reform in Western Australia”, published in February 2007, it has been recommended that the capture of water falling on roofs and property - referred to as overland flow - be regulated to the extent that it is used for more than stock and domestic purposes. It is proposed that this will be addressed in new water resource management legislation. (3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
(3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
(2) Is the government considering any changes to the current law on the water that falls on a person’s roof and/or property? (3) Which specific section of the relevant act provides for such ownership? Hon KIM CHANCE replied: I thank the member for some notice of what is probably the most interesting question of the year. All of us want to know. Hon George Cash : Why don’t you stop there? Hon KIM CHANCE : While I am ahead? Who owns the rain that fall on one’s property is an interesting question, and that is what this question is all about. I will do my best to answer it. (1) Under common law, water that falls on a person’s roof or property is owned by no-one. Landowners may capture and use water that falls on their properties. This activity is largely unregulated, although it may be limited under the Rights in Water and Irrigation Act 1914; specifically by sections 5A and 5B. (2) In accordance with the report, “Government Response to A Blueprint for Water Reform in Western Australia”, published in February 2007, it has been recommended that the capture of water falling on roofs and property - referred to as overland flow - be regulated to the extent that it is used for more than stock and domestic purposes. It is proposed that this will be addressed in new water resource management legislation. (3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
(3) Which specific section of the relevant act provides for such ownership? Hon KIM CHANCE replied: I thank the member for some notice of what is probably the most interesting question of the year. All of us want to know. Hon George Cash : Why don’t you stop there? Hon KIM CHANCE : While I am ahead? Who owns the rain that fall on one’s property is an interesting question, and that is what this question is all about. I will do my best to answer it. (1) Under common law, water that falls on a person’s roof or property is owned by no-one. Landowners may capture and use water that falls on their properties. This activity is largely unregulated, although it may be limited under the Rights in Water and Irrigation Act 1914; specifically by sections 5A and 5B. (2) In accordance with the report, “Government Response to A Blueprint for Water Reform in Western Australia”, published in February 2007, it has been recommended that the capture of water falling on roofs and property - referred to as overland flow - be regulated to the extent that it is used for more than stock and domestic purposes. It is proposed that this will be addressed in new water resource management legislation. (3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
Hon KIM CHANCE replied: I thank the member for some notice of what is probably the most interesting question of the year. All of us want to know. Hon George Cash : Why don’t you stop there? Hon KIM CHANCE : While I am ahead? Who owns the rain that fall on one’s property is an interesting question, and that is what this question is all about. I will do my best to answer it. (1) Under common law, water that falls on a person’s roof or property is owned by no-one. Landowners may capture and use water that falls on their properties. This activity is largely unregulated, although it may be limited under the Rights in Water and Irrigation Act 1914; specifically by sections 5A and 5B. (2) In accordance with the report, “Government Response to A Blueprint for Water Reform in Western Australia”, published in February 2007, it has been recommended that the capture of water falling on roofs and property - referred to as overland flow - be regulated to the extent that it is used for more than stock and domestic purposes. It is proposed that this will be addressed in new water resource management legislation. (3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
I thank the member for some notice of what is probably the most interesting question of the year. All of us want to know. Hon George Cash : Why don’t you stop there? Hon KIM CHANCE : While I am ahead? Who owns the rain that fall on one’s property is an interesting question, and that is what this question is all about. I will do my best to answer it. (1) Under common law, water that falls on a person’s roof or property is owned by no-one. Landowners may capture and use water that falls on their properties. This activity is largely unregulated, although it may be limited under the Rights in Water and Irrigation Act 1914; specifically by sections 5A and 5B. (2) In accordance with the report, “Government Response to A Blueprint for Water Reform in Western Australia”, published in February 2007, it has been recommended that the capture of water falling on roofs and property - referred to as overland flow - be regulated to the extent that it is used for more than stock and domestic purposes. It is proposed that this will be addressed in new water resource management legislation. (3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
Hon George Cash : Why don’t you stop there? Hon KIM CHANCE : While I am ahead? Who owns the rain that fall on one’s property is an interesting question, and that is what this question is all about. I will do my best to answer it. (1) Under common law, water that falls on a person’s roof or property is owned by no-one. Landowners may capture and use water that falls on their properties. This activity is largely unregulated, although it may be limited under the Rights in Water and Irrigation Act 1914; specifically by sections 5A and 5B. (2) In accordance with the report, “Government Response to A Blueprint for Water Reform in Western Australia”, published in February 2007, it has been recommended that the capture of water falling on roofs and property - referred to as overland flow - be regulated to the extent that it is used for more than stock and domestic purposes. It is proposed that this will be addressed in new water resource management legislation. (3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
Hon KIM CHANCE : While I am ahead? Who owns the rain that fall on one’s property is an interesting question, and that is what this question is all about. I will do my best to answer it. (1) Under common law, water that falls on a person’s roof or property is owned by no-one. Landowners may capture and use water that falls on their properties. This activity is largely unregulated, although it may be limited under the Rights in Water and Irrigation Act 1914; specifically by sections 5A and 5B. (2) In accordance with the report, “Government Response to A Blueprint for Water Reform in Western Australia”, published in February 2007, it has been recommended that the capture of water falling on roofs and property - referred to as overland flow - be regulated to the extent that it is used for more than stock and domestic purposes. It is proposed that this will be addressed in new water resource management legislation. (3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
Who owns the rain that fall on one’s property is an interesting question, and that is what this question is all about. I will do my best to answer it. (1) Under common law, water that falls on a person’s roof or property is owned by no-one. Landowners may capture and use water that falls on their properties. This activity is largely unregulated, although it may be limited under the Rights in Water and Irrigation Act 1914; specifically by sections 5A and 5B. (2) In accordance with the report, “Government Response to A Blueprint for Water Reform in Western Australia”, published in February 2007, it has been recommended that the capture of water falling on roofs and property - referred to as overland flow - be regulated to the extent that it is used for more than stock and domestic purposes. It is proposed that this will be addressed in new water resource management legislation. (3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
(1) Under common law, water that falls on a person’s roof or property is owned by no-one. Landowners may capture and use water that falls on their properties. This activity is largely unregulated, although it may be limited under the Rights in Water and Irrigation Act 1914; specifically by sections 5A and 5B. (2) In accordance with the report, “Government Response to A Blueprint for Water Reform in Western Australia”, published in February 2007, it has been recommended that the capture of water falling on roofs and property - referred to as overland flow - be regulated to the extent that it is used for more than stock and domestic purposes. It is proposed that this will be addressed in new water resource management legislation. (3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
(2) In accordance with the report, “Government Response to A Blueprint for Water Reform in Western Australia”, published in February 2007, it has been recommended that the capture of water falling on roofs and property - referred to as overland flow - be regulated to the extent that it is used for more than stock and domestic purposes. It is proposed that this will be addressed in new water resource management legislation. (3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
(3) Current legislation is silent on this issue. Under the Rights in Water and Irrigation Act 1914, water becomes vested in the crown only once it enters a watercourse, wetland or underground water source. Sections 5A and 5B of that act leave in place the common law right to capture overland flow within limits established by section 5B.
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