LEG00060

• Bill Number: HB03-1120
• Year: 2003
• Title: Water Conservation Measures
• Legislation - Doc Type: Other CWCB Related Bills - Killed

fide water conservation efforts as detertnined on a case by case basis by
the state engineer, .
Makes legislative findings.

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1 Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. Article 30 of title 38, Colorado Revised Statutes,

3 is amended BY THE ADDITION OF A NEW SECTION to read:

4 38-30-170.5. Restrictive cove;nants prohibiting water-saving

5 landscape measures - covenants invalid - legislative declaration -

6 definitions. (1) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES,

7 AND DECLARES THAT THE STATE OF COLORADO IS SUBJECT TO DROUGHT

8 CYCLES THAT RESULT IN WATER SHORTAGES AND HARDSHIPS TO WATER

9 USERS, AND THEREFORE WISE WATER l;JSE POLICIES ARE NECESSARY TO

10 EXTEND THE EXISTING SUPPLIES OF WATER WITHIN THIS STATE, THE

11

GENERAL ASSEMBLY FURTHER FINDS THA TTHE WATER DEMANDS IMPOSED

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12 BY TRADITIONAL LANDSCAPING USING NONNA TlVE PLANT SPECIES SUCH AS

13 BLUEGRASS MAY RESULT IN AN UNREASONABLE AND UNNECESSARY

14 BURDEN ON FUTURE WATER RESOURCES. THEREFORE, IT IS THE INTENT OF

15 THE GENERAL ASSEMBLY TO ADDRESS LAND USE COVENANTS THAT

16 RESTRICT THE APPLICATION OF WISE WATER-SAVING LANDSCAPE

17 MEASURES AND TO DECLARE THAT iRESTRICTIVE COVENANTS THAT

18 PROHIBIT THE USE OF XERISCAPE Lc\NDSCAPING OR REQUIRE THAT

19 CULTIVATED VEGETATION INCLUDE TURF GRASS ARE AGAINST PUBLIC

20 POLICY,

21 (2) ANY RESTRICTIVE COVENANT OR AMENDMENT THERETO THAT

22 PROHIBITS OR LIMITS THE USE OF :XERISCAPE OR THAT REQUIRES

23 CULTIVATED VEGETATION TO INCLUDE tURF GRASS IS HEREBY DECLARED

24

CONTRARY TO PUBLIC POLICY AND ON THAT BASIS SHALL BE VOID AND

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HB03-1120