Legal Corner — A thirsty summer ahead: Municipalities’ role in water conservation
In This Section
CML Newsletter
April 28, 2026
By Molly McClure, CML law clerk
Colorado has faced increasing strain on water resources due to climate change, drought, and population growth. This strain has been exacerbated by one of Colorado’s driest and warmest winters on record. This past winter saw the worst snowpack levels since record-keeping began in 1941. As state and local governments alike reckon with the increased risks water scarcity poses, cities and towns have begun to implement water restrictions to offset some of the potential impacts. Another important strategy to combat water-scarcity is the adoption of water-wise landscaping standards, which encourages replacing water-intensive turfs with native landscaping that requires less water for upkeep.
After exploring the state-imposed options to encourage water-wise landscaping, this article will describe municipal actions in mitigating drought measures in the short-term and enacting local water-wise ordinances for the long-term. It’s more important than ever for cities and towns to have procedures in place to manage water scarcity. By thoroughly understanding state restrictions and evaluating the role of localities in controlling water usage, municipalities can adequately prepare their communities to live with low water levels.
The Colorado Water Plan (“CWP”) provides a statewide framework to meet Colorado’s water challenges through collaboration around water development and conservation. The CWP is managed by the Colorado Water Conservation Board (“CWCB”), which is situated under the Department of Natural Resources. The CWCB supports the state’s water community through loans and grants available to water providers and other entities, including municipalities, and technical resources.
In 2022, the General Assembly charged the CWCB with creating a statewide turf replacement program under HB22-1151, intended to incentivize the voluntary replacement of irrigated turf on residential and commercial properties. While the program provided local governments and other eligible entities with matching funds to develop or implement a turf replacement program for a couple years, state budget constraints have frustrated the CWCB’s ability to award grants, and in March 2025 the CWCB stopped accepting grant applications.
In 2024, the Colorado legislature passed SB24-005 to further effectuate statewide water conservation goals by mandating local legislation to address “nonfunctional turfgrass.” The act prohibits local governments and special districts from allowing the installation of new nonfunctional turfgrass, artificial turf, and invasive plants in new and redeveloped nonresidential properties, common interest community property, rights-of-way, parking lots, medians, state facilities, and “transportation corridors.” All cities and counties were directed to adopt local regulations addressing these restrictions by Jan. 1, 2026. A 2025 law (HB25-1113) extended the law to areas of multifamily residential premises as of Jan. 1, 2028, and required local regulation of all nonfunctional turf.
After the record-breaking winter, many cities and towns have begun to declare drought, triggering limitations on water use for property owners and water users. While some municipalities are recommending voluntary reductions in water use, an increasing number of municipalities are imposing mandatory water restrictions due to the inability to enforce voluntary restrictions. These limitations or restrictions often include not running sprinklers from 10 a.m. to 6 p.m., watering only two days per week, and promptly fixing any leaks on one’s property.
Many municipalities have drought provisions in their municipal codes based on the severity of the situation. Such measures allow the city to declare insufficient water supplies and implement a drought management plan, which may be amended as necessary. These plans carry penalties for violations of the drought management plan, with a first violation often being a warning and subsequent violations incurring fees and court appearances. Some municipalities, such as the City of Aurora, also reserve the right to suspend water service or install flow restrictors for numerous violations. It is up to the legislating municipality to determine appropriate penalties for violators.
A drought management plan often includes several “stages” of drought that a municipality may declare. The stages run from Stage 0, covering normal operations, to Stage 3, which is initiated by extreme drought conditions. Each stage has a goal of reducing water usage by a certain percentage, with stage 1 seeking to reduce usage by about 20% and stage 3 seeking to reduce usage by 90%. These reductions are accomplished by restricting irrigation and outdoor water use. Specifically, reducing watering schedules, banning irrigation during the daytime, and prohibiting water waste. These restrictions are often enforced by municipality assigned water monitors, who observe water usage in the town for abnormalities. Some municipalities, including the City of Brighton, permit residents to reach out to city officials if they see a neighbor or business violating the restrictions.
As discussed, water-wise legislation incentivizes replacing high-water-use plants with drought-tolerant varieties that are native to Colorado’s dry climate. As of fall of 2023, 38 localities had implemented their own turf replacement incentive programs. Aurora enacted one of the state’s first major turf replacement regulations in 2022. The city banned “nonfunctional” cool weather turfs, only allows up to 500 square feet of turf in backyards, and will not approve any new golf courses. Further, Aurora Water incentivizes converting turf lawns to drought-tolerant landscapes through a Grass Replacement Incentive Program (GRIP). After completing all program requirements, GRIP participants receive a one-time rebate, at $3 per square foot for traditional water-wise landscapes, and $0.50 per square foot for water-wise grass landscapes.
In addition to implementing local programs, municipalities can strengthen water-wise landscaping requirements in their codes. Some elements include: clearly defining turf limit percentages or square footage allowances, water-wise planting requirements, and clearly defining functional versus nonfunctional turfs. The City of Edgewater’s code, proactively adopted in 2023 and updated in 2025, is an example of a local code that complies with SB24-005, as it limits nonresidential, nonfunctional turf, artificial turf, and invasive species, but also goes beyond SB24-005's requirements by including restrictions on residentially zoned properties.
As with any mandatory restrictions, there is potential pushback from users who would rather conduct business as usual than limit their water usage for the greater good. However, the impacts of water scarcity go far beyond any one person or municipality, so it falls on everybody to do their part in mitigating the impacts. Yet challenges may persist. Municipalities may struggle to staff enforcement efforts with employees specifically dedicated to monitoring and may be hesitant to assign law enforcement resources to water enforcement. Other challenges include staff capacity, expertise, and the availability of funding for research and developing a water-wise program. These challenges are exacerbated by the lack of state funds to cover the CWCB grants for water-wise programs.
Despite the challenges, it is advisable for municipalities of all sizes to assess the availability of water resources and the sufficiency of their water codes. To prepare for the coming months, localities will have to take action to mitigate the impacts on residents and the environment.
After exploring the state-imposed options to encourage water-wise landscaping, this article will describe municipal actions in mitigating drought measures in the short-term and enacting local water-wise ordinances for the long-term. It’s more important than ever for cities and towns to have procedures in place to manage water scarcity. By thoroughly understanding state restrictions and evaluating the role of localities in controlling water usage, municipalities can adequately prepare their communities to live with low water levels.
State restrictions
The Colorado Water Plan (“CWP”) provides a statewide framework to meet Colorado’s water challenges through collaboration around water development and conservation. The CWP is managed by the Colorado Water Conservation Board (“CWCB”), which is situated under the Department of Natural Resources. The CWCB supports the state’s water community through loans and grants available to water providers and other entities, including municipalities, and technical resources.
In 2022, the General Assembly charged the CWCB with creating a statewide turf replacement program under HB22-1151, intended to incentivize the voluntary replacement of irrigated turf on residential and commercial properties. While the program provided local governments and other eligible entities with matching funds to develop or implement a turf replacement program for a couple years, state budget constraints have frustrated the CWCB’s ability to award grants, and in March 2025 the CWCB stopped accepting grant applications.
In 2024, the Colorado legislature passed SB24-005 to further effectuate statewide water conservation goals by mandating local legislation to address “nonfunctional turfgrass.” The act prohibits local governments and special districts from allowing the installation of new nonfunctional turfgrass, artificial turf, and invasive plants in new and redeveloped nonresidential properties, common interest community property, rights-of-way, parking lots, medians, state facilities, and “transportation corridors.” All cities and counties were directed to adopt local regulations addressing these restrictions by Jan. 1, 2026. A 2025 law (HB25-1113) extended the law to areas of multifamily residential premises as of Jan. 1, 2028, and required local regulation of all nonfunctional turf.
Municipal Actions
Drought planning
After the record-breaking winter, many cities and towns have begun to declare drought, triggering limitations on water use for property owners and water users. While some municipalities are recommending voluntary reductions in water use, an increasing number of municipalities are imposing mandatory water restrictions due to the inability to enforce voluntary restrictions. These limitations or restrictions often include not running sprinklers from 10 a.m. to 6 p.m., watering only two days per week, and promptly fixing any leaks on one’s property.
Many municipalities have drought provisions in their municipal codes based on the severity of the situation. Such measures allow the city to declare insufficient water supplies and implement a drought management plan, which may be amended as necessary. These plans carry penalties for violations of the drought management plan, with a first violation often being a warning and subsequent violations incurring fees and court appearances. Some municipalities, such as the City of Aurora, also reserve the right to suspend water service or install flow restrictors for numerous violations. It is up to the legislating municipality to determine appropriate penalties for violators.
A drought management plan often includes several “stages” of drought that a municipality may declare. The stages run from Stage 0, covering normal operations, to Stage 3, which is initiated by extreme drought conditions. Each stage has a goal of reducing water usage by a certain percentage, with stage 1 seeking to reduce usage by about 20% and stage 3 seeking to reduce usage by 90%. These reductions are accomplished by restricting irrigation and outdoor water use. Specifically, reducing watering schedules, banning irrigation during the daytime, and prohibiting water waste. These restrictions are often enforced by municipality assigned water monitors, who observe water usage in the town for abnormalities. Some municipalities, including the City of Brighton, permit residents to reach out to city officials if they see a neighbor or business violating the restrictions.
Water-wise ordinances
As discussed, water-wise legislation incentivizes replacing high-water-use plants with drought-tolerant varieties that are native to Colorado’s dry climate. As of fall of 2023, 38 localities had implemented their own turf replacement incentive programs. Aurora enacted one of the state’s first major turf replacement regulations in 2022. The city banned “nonfunctional” cool weather turfs, only allows up to 500 square feet of turf in backyards, and will not approve any new golf courses. Further, Aurora Water incentivizes converting turf lawns to drought-tolerant landscapes through a Grass Replacement Incentive Program (GRIP). After completing all program requirements, GRIP participants receive a one-time rebate, at $3 per square foot for traditional water-wise landscapes, and $0.50 per square foot for water-wise grass landscapes.
In addition to implementing local programs, municipalities can strengthen water-wise landscaping requirements in their codes. Some elements include: clearly defining turf limit percentages or square footage allowances, water-wise planting requirements, and clearly defining functional versus nonfunctional turfs. The City of Edgewater’s code, proactively adopted in 2023 and updated in 2025, is an example of a local code that complies with SB24-005, as it limits nonresidential, nonfunctional turf, artificial turf, and invasive species, but also goes beyond SB24-005's requirements by including restrictions on residentially zoned properties.
Potential Problems
As with any mandatory restrictions, there is potential pushback from users who would rather conduct business as usual than limit their water usage for the greater good. However, the impacts of water scarcity go far beyond any one person or municipality, so it falls on everybody to do their part in mitigating the impacts. Yet challenges may persist. Municipalities may struggle to staff enforcement efforts with employees specifically dedicated to monitoring and may be hesitant to assign law enforcement resources to water enforcement. Other challenges include staff capacity, expertise, and the availability of funding for research and developing a water-wise program. These challenges are exacerbated by the lack of state funds to cover the CWCB grants for water-wise programs.
Despite the challenges, it is advisable for municipalities of all sizes to assess the availability of water resources and the sufficiency of their water codes. To prepare for the coming months, localities will have to take action to mitigate the impacts on residents and the environment.
This column is not intended and should not be taken as legal advice. Municipal officials are always encouraged to consult with their own attorneys.