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<br />homeowners' association, with property covenants to the effect that the homeowners' association was
<br />responsible for picking up the costs of operation and maintenance as well.
<br />
<br />Homeowners' associations, as providers of public goods of this nature, have certain drawbacks,
<br />potentially notable drawbacks. Given the size of these smaller secondary systems, the revenue generated
<br />from them, although not insubstantial, may frequently be insufficient to hire a full-time maintenance
<br />person with adequate knowledge, tools and equipment to operate, maintain and protect the system. It is
<br />true that a full-time maintenance person may not be needed, in which case the operation and maintenance
<br />of the secondary system will likely fall back on voluntary help on the part of homeowners. In addition,
<br />there is need of setting water rates, responding to the operational complaints of homeowners, dealing with
<br />temporary water shortages, repairing pumps and waterlines, reading meters if meters exist, and organizing
<br />meetings. Where such systems exist, they do not appear to be fairing well in the region as a whole. If
<br />this trend were to continue, municipalities and rural domestic water suppliers might well be drawn into
<br />maintaining them, in order to prevent homeowners from reverting to the potable water system to irrigate
<br />their lots. Municipalities and rural domestics are concerned about the use of homeowners' associations as
<br />long-term operators in the provision of secondary water service.
<br />
<br />Subdivision developers pride themselves on the development of property that is both attractive
<br />and innovative in design. Furthermore, increased profits from land development can be realized through
<br />anticipating or directly responding to market demand for new lifestyles. Recent demand for "country
<br />living," particularly for those who can afford larger properties and the commuting often associated with
<br />them, has resulted in an explosion of new rural subdivisions, often with a golf course, man-made water
<br />bodies, and large green spaces. In order to ensure that these subdivisions have ample water for the future
<br />to irrigate this acreage, it has been necessary to build pressurized secondary supply into the overall design
<br />of the subdivision.5
<br />
<br />Although developers will go to considerable effort and expense to build such systems, it is
<br />unlikely that they wish to be held responsible for operation and management of these systems in the
<br />future, unless it represents a profit-making venture to them. In some instances, this may be a viable
<br />option. However, in most instances, it will be necessary to set up a legal entity to operate and maintain
<br />the secondary system. In response to these concerns, developers have turned to the concept of "special
<br />districts." This is a very viable option, and one that ensures that the properties in question are served by a
<br />legally recognized (and potentially bonded) entity.
<br />
<br />However, water development needs are never-ending. Subdivisions continue to be added to
<br />existing water service, forcing special districts to secure more water for the future. Staff must be hired,
<br />equipment must be purchased, and billing gradually becomes a major operational cost item. In these
<br />respects, secondary systems are no different from potable water systems. Finally, some planning is
<br />normally required by a special district to ensure the protection of water users from water shortages,
<br />particularly when expanses of "commons" green space, expensive ornamentals and recreational livestock
<br />are involved. There are many instances throughout the region where special districts have been forced to
<br />merge with larger water supply entities to ensure continued service. This leaves open the distinct
<br />possibility that many of these special district arrangements for rural subdivision secondary water supply
<br />will someday require agglomeration with municipalities. As with homeowners' associations, special
<br />districts for secondary water service will have to be shown to be viable over time. They have not been
<br />popular in other areas ofthe Rocky Mountain region unless, as with the City of Highland, Utah system,
<br />they are providing water service to a large municipal area of several thousand homes.
<br />
<br />Colorado has seen many successful special districts formed for potable water service, such as the
<br />Title 32 districts throughout the state. However, these special districts are in a constant race with other
<br />water supply entities to secure additional water rights for the future. As water supplies become scarce
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