2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION (§§ 37-96-101 — 37-99-103) › Article 96 - WATER CONSERVATION IN STATE LANDSCAPING (§§ 37-96-101 — 37-96-103) › Section 37-96-103 - Requirement of water conservation in landscaping for certain public projects

(1)
For purposes of this article, unless the context otherwise requires:
(a)
(I)
"Public project or facility" means any new construction or renovation financed wholly or in part by the state, including, but not limited to, any road or highway construction project and facility connected therewith, any public building or facility constructed or renovated by a public entity, and any project, building, or facility constructed or renovated by a public entity with funding from the Colorado lottery.
(II)
"Public entity" means any governmental or quasi-governmental agency of the state as well as any political subdivision of the state if that political subdivision receives financing from the state for a public project or facility, as defined in this subsection (1).
(b)
"Public project or facility" does not include any public project or facility which disturbs less than two hundred square feet of ground space or any project or facility which is not irrigated; except that any public project or facility which is subsequently irrigated shall comply with this article.
(c)
"Renovation" includes external improvements to the project or facility that affect at least thirty-five percent of the covered landscaped area.
(2)
On and after January 1, 1990, when the public entity responsible for landscaping and maintaining any public project or facility constructed or renovated by the public entity develops a landscaping plan, the plan shall seek to conserve water in the landscaping of such public project or facility. Any such landscaping plan shall consider, but need not be limited to:
(a)
Depending upon the use of the public project or facility, limiting the area on which frequently irrigated and mowed turf is to be maintained to functional areas or areas proximal to entryways and restricting turf use from median strip plantings;
(b)
Insuring the use of efficient irrigation techniques, including, but not limited to, water reuse, wherever possible and the use of seasonally variable irrigation schedules which match the evapotranspiration needs of the plants being irrigated;
(c)
Analyzing and improving soil on the site to maximize moisture availability for plant intake and to increase soil moisture penetration and retention;
(d)
Using mulches to reduce water needs and weed growth and to check soil erosion;
(e)
Using lower-water demand plants, ground cover, and grass species to conserve water; and
(f)
Planning for routine maintenance such as weed control, pruning, and irrigation system adjustments to reduce water usage.
(3)
Any public entity which constructs or renovates a public project or facility to which the provisions of this article apply may develop a water use analysis, a water use projection, and a landscaping water plan to guide and regulate water used for maintenance of any such landscaping.
(4)
The state of Colorado shall develop and implement a plan to enhance water use efficiency with respect to any state project or facility the construction or renovation of which commences after January 1, 1993.
(5)
If the state facility or project involves landscaping or maintenance of existing landscaping to enhance water use efficiency, a landscaping plan shall be developed and implemented using best management practices which shall include, but not be limited to:
(a)
Limiting to functional areas of heavy pedestrian traffic, such as ballfields or areas proximal to entryways, the locations on which frequently irrigated and mowed turf such as bluegrass is to be maintained, and restricting the use of turf in median strips;
(b)
Ensuring the use of efficient irrigation techniques and systems, including prohibiting landscape irrigation between the hours of 11 a.m. and 3 p.m.; employing the use of nonpotable water supplies and water reuse, where such supplies and water reuse are available, for irrigation of areas exceeding ten acres; and using seasonally variable irrigation schedules which match the evapotranspiration needs of the plants being irrigated;
(c)
Analyzing and improving soil on the site to maximize moisture availability for plant intake and to increase soil moisture penetration and retention;
(d)
Using mulches to reduce water needs and weed growth and to check soil erosion;
(e)
Using lower water-demand plants, ground cover, and grass species to reduce water usage;
(f)
Planning for routine maintenance such as weed control, pruning, and irrigation system adjustments so as to reduce water usage; and
(g)
Using evapotranspiration data, when available, to determine water needs.
(6)
After January 1, 1992, the state of Colorado shall subject all state buildings to evaluation through water audits in those areas in which such audits are available from the local water supply entity.
(7) and (7.1)
Repealed.
(8)
Repealed.
Amended by 2014 Ch. 384,§ 2, eff. 9/1/2016 ((7.1) added by revision).
L. 89: Entire article added, p. 1436, § 1, effective April 19. L. 91: (4) to (8) added, p. 2028, § 5, effective June 4. L. 99: (8) repealed, p. 26, § 5, effective March 5. L. 2014: (7.1) added by revision, (SB 14-103), ch. 384, pp. 1877, 1880, §§ 2, 6.
Subsection (7.1) provided for the repeal of subsections (7) and (7.1), effective September 1, 2016. (See L. 2014, pp. 1877, 1880.)
In 1991, subsections (4), (5), (6), (7), and (8) were added by the "Water Conservation Act of 1991". For the short title and the legislative declaration, see sections 1 and 2 of chapter 328, Session Laws of Colorado 1991.