Urban water rights exist...for some

Australian Capital Territory Government Policy

Government policy is that a roof is not a device for taking rain; and that water in a rainwater tank is non-taken water (Attachment 26). Under the Water Resources Act 2007, the meaning of surface water includes water flowing over land after having fallen as rain ''that has been collected in a dam, reservoir or rainwater tank''.

However, it is impossible to collect water from a roof for a rainwater tank unless a roof is a device used for taking rain. Therefore, it is impossible for water collected from roofs for rainwater tanks to be included in the meaning of surface water.

Perversely, the government acknowledges the use of roof tops ''as a means to capture rainwater and store this water in rainwater tanks'' (Attachment 27).

Western Australian Government Policy

Government policy is that under common law, water belongs to the person who lawfully captures it; however, the government is unsure whether a person captures rain with their roof (Attachment 28).