Click the link to read the article on the Big Pivots website (Allen Best):
January 30, 2024
Relatively minor pushback in Colorado Senate to proposed limits to new water-thirsty grasses in urban areas that get little or no foot traffic
Colorado legislators in 2022 passed a bill that delivered $2 million for programs across the state for removal of thirsty turf classified as non-functional, meaning that the grass is mainly ornamental, to be seen but not otherwise used.
This morning [January 30, 2024] the Colorado Senate will review a bill that, if approved, will extend the concept.
“This bill is about not putting (in) that non-functional turf in the first place,” explained Sen. Dylan Roberts, D-Frisco, in introducing SB24-005 to the Senate Agriculture and Water Committee last Thursday. “If you don’t put it in the first place, you don’t have to replace it.”
The committee approved the bill, titled “Prohibit Landscaping Practices for Water Conservation,” in a 4-1 vote.
The Colorado Municipal League registered opposition, but tellingly, no representatives of towns or cities showed up to argue against the bill. Instead, support was expressed by representatives of several local jurisdictions, including the Eagle River Water and Sanitation District, the second largest water provider on the Western Slope, as well as the special district that provides water for Pueblo West.
The bill takes aim at Kentucky bluegrass and other species imported from wetter climatic zones that are planted along streets and in medians, amid parking lots, in front of government buildings as well as the expanses you often see around office parks and many business and industrial areas. The imported species can use far more water than buffalo grass and other species indigenous to Colorado’s more arid climate.
Residential property is unaffected. Worried about a public backlash, legislators amended the bill to make that exemption doubly clear.
The bill also bars use of plastic turf in lieu of organic vegetation for landscaping.
Originally reviewed by an interim legislative committee in October, the bill was subsequently modified based on input of stakeholders. Functional and non-functional turf were clarified. The bill was also modified to give cities and counties flexibility to determine areas of “community, civic and recreational” turf grasses, in effect letting them decide what is functional in some instances. The revised bill language also made it clear that installing native species of grass or those hybridized species that use less water would be OK. The revised bill also give municipalities and counties until Jan. 1, 2026, to review and revise their landscaping code and development review processes.
Sen. Cleave Simpson, R-Alamosa, a co-sponsor, called the bill a “natural extension” of the turf-buy-back bill from 2022. He said he was surprised at the reaction in Alamosa to that funding. The water district he manages began getting inquiries about how to participate. “It kind of inspired me that there’s more room for improvement here in this space,” he told committee members.
Simpson also said he was motivated to help prevent water grabs by Front Range cities from the San Luis Valley, what locals sometimes call Colorado’s South Slope. Three separate attempts have been made in the last 35 years to divert water from the San Luis Valley, a place already being forced to trim irrigated agriculture as necessary to meet requirements of the Rio Grande Compact.
“That’s largely my motivation to be part of this conversation and doing everything we can to reduce that pressure on my rural constituents and our way of life,” said Simpson.
Nobody argues that the limits on expansion of what the bill calls non-functional turf will solve Colorado’s water problems. Municipalities use only 7% of the state’s water, and outdoor use constitutes roughly half of municipal use. Agriculture uses nearly 90% of the state’s water.
But developing water for growing cities, particularly along the Front Range but even in the headwaters’ communities, has become problematic as the climate has veered hotter and, in most years of the 21stcentury, drier.
The result, as was detailed in a five-part collaboration during 2023 between Big Pivots and Aspen Journalism, has been a growing consensus about the need to be more strategic and sparing about use of water in urban landscapes.
See also:
Part V: Colorado River crisis looms over state’s landscape decisions
Part IV: Why these homeowners tore out their turf
Part III: How bluegrass lawns became the default for urban landscapes
Part II: Enough water for lawns at the headwaters of the Colorado River?
Part I: Colorado squeezing water from urban landscapes
Disagreements remain about whether the state should create a state-wide standard, as is proposed in this legislation, or whether local governments should figure out their own solutions.
It’s a familiar arguing point in Colorado, but rarely are the divisions neat and simple. That’s also true in this case. Colorado Springs, the state’s second largest city, has a robust program for urban landscape transformation but was hesitant about the bill’s approach, wanting to ensure local flexibility.
Denver is fully behind the bill. Denver Water, which provides water to 1.6 million people, including the city’s 720,000 residents as well as many suburban jurisdictions, has committed to reducing the water devoted to urban turf in coming years by 30%, or roughly 6,000 acres. It says it doesn’t want to become parsimonious with its water only to see water used lavishly in new settlements.
Andrew Hill, the government affairs manager for Denver Water, called the bill a “moderate approach” in creating a new waterwise landscaping standard, one in which imported grasses are not the default.
“It makes real changes statewide, but it’s narrow enough to only apply to areas (where) I think a consensus exists,” said Hill at the committee hearing.
Local governments can go further, and many have already. Colorado has 38 turf replacement programs, and Western Resource Advocates found last fall that 17 of the jurisdictions already limit new turf and another 9 plan to do so.
Aurora and Castle Rock, late-blooming municipalities in the metropolitan areas, have adopted among the most muscular regulations in Colorado, even taking aim at water devoted to front yards. Both expect to continue growing in population, and together they plan to pursue importations of water currently used for farming along the South Platte River in northeastern Colorado. Aurora also still owns water rights in the Eagle River that it has been trying to develop for the last 40 years.
The Colorado Municipal League, a consortium of 270 towns and cities, insists that the proposal represents state overreach of one-size-fits-all policies for local landscapes. Heather Stauffer, CML’s legislative advocacy manager, cited the regulations of Aurora, Greeley, and Aspen as examples of approaches created to meet specific and local needs.
“We would advocate that the state put more money into funds that address turf removal programs that have been very successful among municipalities across the state,” Stauffer said. In 2023, Boulder-based Resource Central completed 604 lawn-replacement projects along the Front Range. With aid of state funding, it plans to expand its turf-removal and popular Garden In A Box programs to the Western Slope this year.
The Colorado River Drought Task Force recommended legislators allocate $5 million annually for turf removal programs. Some legislators have indicated they plan to introduce legislation to do just that.
Witnesses at the committee hearing repeatedly echoed what Roberts said in introducing the bill. Paying for turf removal is “inefficient and not cost-effective” if water-thirsty grass species continue to be planted in questionable places said Lindsay Rogers, policy manager for municipal conservation at Western Resource Advocates, which helped shape the bill.
Rogers said passing the bill would build the momentum to “help ensure that Coloradans live within our water means and particularly in the context of a growing state and worsening drought conditions.”
The Associated Landscape Contractors of Colorado, which represents 400 Colorado landscape and supplier companies, testified in support of the bill but hinted at future discussions as the bill goes through legislative sausage-making. Along with sod growers, they quibble over the dichotomous phrasing of “non-functional vs functional turf. They prefer the words recreational and utility.
On the flip side of these changes, some home gardeners might well find buffalo and other indigenous grasses, if more conserving of water, less appealing. Buffalo grass, for example, greens up a month or so later in spring and browns up a month earlier in autumn.
Water in urban landscapes is also on the agenda for three programs this week at the annual meeting of the Colorado Water Congress, the state’s preeminent organization for water providers. Included may be a report from a task force appointed by Gov. Jared Polis last February that met repeatedly through 2023 to talk about ways to reduce expansion of water to urban landscapes.