As Colorado continues to suffer through harsh drought conditions, the Colorado legislature passed a bill seeking to remove barriers for some residents to save water on lawn watering. 

Around 60% of Coloradans live under a homeowner association. If signed into law, Senate Bill 178 would allow those homeowners to swap their grass lawns for landscaping that needs less water to maintain, forcing HOAs to accept the alternative landscaping. 

The bill passed its final legislative vote on Wednesday, now only needing the governor’s signature to become law.

“We’ve been in a mega-drought for about two decades and we have to find every way possible to utilize water more efficiently, especially in outdoor spaces,” said bill sponsor Rep. Karen McCormick, D-Longmont. “We have many homeowners across our state that want to and can be part of the solutions to these problems, but are finding themselves blocked or discouraged from doing so by some barriers in their HOA rules.” 

Under current law, HOAs cannot entirely prohibit low-water landscaping, but, in practice, such proposals are often rejected for subjective aesthetic reasons, bill sponsors said. Current law also does not require the landscaping review process to be transparent, fair or timely. Because of this, sponsors said homeowners often don’t know how the process works or what landscaping will be accepted. 

SB 178 would require HOAs to pre-approve at least three water-saving landscaping designs that homeowners could choose to implement. It would also prohibit HOAs from banning vegetable gardens in front and side yards. These changes would only apply to single-family detached homes. 

The House passed the bill in a 48-17 vote on Wednesday, following the Senate’s 30-5 approval earlier this month. Only Republicans voted against the bill. 

Critics said the bill violates the local control of HOAs, pointing out that homeowners agreed to follow an HOA’s rules and regulations when they moved into their home. Under the bill, homeowners could sue HOAs that violate the new law for up to $500 or the cost of actual damages, whichever is greater. 

“The state does not need to get involved in running HOAs,” said Rep. Don Wilson, R-Monument, who voted against the bill. “The reason most people move to an HOA is to maintain property values and maintain a certain look. This says if you want to move to an HOA, the state knows better, again, and that the HOA shouldn’t have control over its neighborhood.” 

Supporters of the bill emphasized that it would increase an individual’s control over their own property, and it would not cost HOAs or the government any money, as homeowners would pay for the landscaping themselves. 

Most importantly, though, they stressed the bill’s potential to reduce water use. 

Along Colorado’s Front Range, outdoor water use accounts for nearly 55% of the residential water use, the majority used on lawns, Colorado State University estimates. In Denver alone, residents use up to 120 million gallons per day to water lawns, according to 2019 reports. 

This effort comes as the Colorado River Basin – which provides water to Colorado and six other states – has experienced the driest 22 years on record. Some 40 million people rely on that river system, which faces prolonged drought conditions and overallocation. 

“We’ve got to get smarter with water. I think this bill is trying to move in that direction,” said Rep. Richard Holtorf, R-Akron, who supported the bill. “Every time urban Colorado and suburban Colorado grows and builds and plants more grass, they take water away from agriculture. … It’s not going to get better, it’s only going to get worse.” 

SB 178 is backed by nearly two dozens organizations, including the Colorado River Water Conservation District, Colorado Water Congress and the governments or water districts of Boulder County, Douglas County, Clifton, Grand Valley and the Ute tribe. 

The bill will next be sent back to the Senate to approve an amendment from the House. The amendment limited the civil action homeowners can take against HOAs, which was originally the cost of actual damages plus $500 and attorney fees. 

The bill will then go to Gov. Jared Polis for final consideration.