Is Collecting Rainwater Legal in New Mexico?
Collecting Rainwater is legal with restrictions in New Mexico as of 2026. In New Mexico, rainwater harvesting is legal but regulated under the State Engineer's Office. The state allows limited collection of rainwater from rooftops for non-potable uses, but large-scale collection and storage require permits under the prior appropriation doctrine (NMSA 1978, Section 72-5-23).
Collecting Rainwater is LEGAL WITH RESTRICTIONS in New Mexico
Collecting Rainwater is legal in New Mexico but with specific restrictions and regulations.
Collecting Rainwater Laws in New Mexico: Quick Facts
- 1 Legal Status: Collecting Rainwater is currently legal with restrictions in New Mexico.
- 2 Possession: Allowed for residential use with limits; permits required for larger systems or commercial use.
- 3 Sale: Sale of collected rainwater is generally prohibited without proper water rights.
- 4 Age Restriction: None
- 5 Penalties: Civil penalties and fines for unauthorized diversion or storage of water.
Detailed Legal Breakdown
| Possession | Allowed for residential use with limits; permits required for larger systems or commercial use. |
| Sale | Sale of collected rainwater is generally prohibited without proper water rights. |
| Age Restriction | None |
| Penalties | Civil penalties and fines for unauthorized diversion or storage of water. |
| Pending Legislation | None known |
How Does New Mexico Compare?
Across all 50 states, Collecting Rainwater is fully legal in 36 states, legal with restrictions in 14 states, and illegal in 0 states. New Mexico is among the 14 states where it is legal with restrictions.
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Editorial Standards
This page was researched and written by the editorial team at IsThisLegalInMyState.com. All legal information is sourced directly from official state statutes, regulatory agency publications, and legislative databases. Our team reviews each page for accuracy and updates it when laws change.
Source
Citation: New Mexico Office of the State Engineer
https://www.ose.state.nm.us/WaterInfo/rainwater-harvesting.php
Last verified: 2026-01-15
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