LEG00241

• Bill Number: HB02S1014
• Year: 2002
• Title: Invalidity of Restricitive Convenants
• Legislation - Doc Type: Other CWCB Related Bills - Killed

Third Extraordinary Session
Sixty-third General Assembly
STATE OF COLORADO

INTRODUCED

LLS NO. 02S-2041.01 Kristen Forrestal
Romanoff, Grossman, Hoppe, KH6tJ~ORSHIP

HOUSE BILL 02S-1014

SENATE SPONSORSHIP

(None),

House Committees
'State, Veterans, & Military Affairs

Senate Committees

A BILL FOR AN ACT
CONCERNING THE INVALIDITY OF RESTRICTIVE COVENANTS THAT LIMIT THE USE OF
WATER-SAVING LANDSCAPE MEASURES.

Bill Snmmary
(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments
that may be subsequently adopted.)

Declares that wise water use policies are necessary to extend the existing supplies of water within this
state due to drought cycles. Further declares that it is the intent ofthe general assembly to address restrictive land
use covenants that prohibit water-saving landscape measures and to declare that such covenants are against public
policy.
Invalidates any restrictive covenant that prohibits or limits the use of xeriscape landscaping or that
requires cultivated vegetation to include turf grass, Applies to any restrictive covenants or amendments thereto
adopted on or after the effective date of this act.
Defines relevant terms.

Be it enacted by the General Assembly of the State of Colorado:
SECTION 10 Article 30 of title 38, Colorado Revised Statutes, is amended BY THE ADDITION OF A
NEW SECTION to read:
38-30-170.5. Restrictive covenants prohibiting xeriscape and water-saving landscape measnres -
covenants invalid. (I) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT THE STATE
OF COLORADO IS SUBJECT TO DROUGHT CYCLES THAT RESULT IN WATER SHORTAGES AND HARDSHIPS TO WATER
USERS, AND THEREFORE WISE WATER USE POLICIES ARE NECESSARY TO EXTEND THE EXISTING SUPPLIES OF

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