SUBJECT:
Title
An Ordinance of the Town Council of the Town of Erie Prohibiting the Installation and Use of Graywater Systems Pursuant to House Bill 24-1362.
Department
DEPARTMENT: Utilities
Presenter
PRESENTER(S): Todd Fessenden, Utilities Director
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Time
TIME ESTIMATE: 0 minutes
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For time estimate: please put 0 for Consent items.
Fiscal
Policy
POLICY ISSUES:
None
Recommendation
STAFF RECOMMENDATION:
Approve the Ordinance.
Body
SUMMARY/KEY POINTS
• House Bill 24-1362 recently took effect on Jan. 1, 2026.
• Staff recommends adopting the ordinance.
BACKGROUND OF SUBJECT MATTER:
A graywater system is a method of reusing wastewater from non-toilet sources, such as showers and bathroom sinks, for purposes such as landscape irrigation. These systems collect, treat, and reuse the graywater on site to conserve water. Colorado House Bill 24-1362 (HB 1362), effective Jan. 1, 2026, allows graywater systems in new developments, but permits local governments to regulate or prohibit the installation of graywater systems.
C.R.S § 25-8-205(1)(g)(III) provides that graywater use shall not be allowed in a manner that is not allowed under a municipality’s water rights decrees, contracts, or permits. A significant portion of the Town of Erie’s water rights portfolio consists of Colorado-Big Thompson Project units, which are derived from single-use water rights that cannot be reused in a graywater system. Accordingly, staff recommends the Town adopt an ordinance prohibiting the installation and use of graywater systems within Town.
If the Town adopts the ordinance prohibiting graywater systems, it must then notify the Division of Administration of the Department of Public Health and Environment (the "Division"). C.R.S. § 25-8-205.4(2)(b).
priorities
.attachments
ATTACHMENT(S):
1. Ordinance
2. Dec. 12, 2025 Town Attorney Memo