BOARD00951

• Board Meeting Date: 3/24/2003
• Description: State Legislative Issues
• Board Meetings - Doc Type: Memo

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

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I 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 covenants prohibiting water-saving

5 landscape measures - covenants invalid - legislative declaration -

6 definitions. (I) THE GENERAL ASSEM~L Y HEREBY FINDS, DETERMINES,

7 AND DECLARES THAT THE STATE OF COJ.,ORADO IS SUBJECT TO DROUGHT

8 CYCLES THAT RESULT IN WATER SHORTAGES AND HARDSHIPS TO WATER

9 USERS, AND THEREFORE WISE WATER USE POLICIES ARE NECESSARY TO

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

II

GENERAL ASSEMBLY FURTHER FINDS THA TTHE WATER DEMANDS IMPOSED

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12 BY TRADITIONAL LANDSCAPING USING NONNATIVE 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 ADDRE~S LAND USE COVENANTS THAT

16 RESTRICT THE APPLICATION OF WISE WATER-SAVING LANDSCAPE

17 MEASURES AND TO DECLARE THAT 'RESTRICTIVE COVENANTS THAT

18 PROHIBIT THE USE OF XERISCAPE LANDSCAPING OR REQUIRE THAT

19 CULTIVATED VEGETATION INCLUDE TURF GRASS ARE AGAINST PUBLIC

20 POLlCY.
21 (2) ANY RESTRICTIVE COVENAJ''!T 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