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Routt County staff to seek formal opt-out of state graywater rules after review
Summary
County staff and an outside water expert told commissioners that mandated graywater reuse under HB 24‑1362 is unlikely to produce measurable water savings in Routt County now, and the board directed staff to prepare a resolution to opt out and schedule a public hearing.
Routt County commissioners heard expert presentations on May 5 about proposed statewide graywater regulations tied to HB 24‑1362 and directed staff to prepare paperwork to opt out for now while monitoring technology and rule updates.
County staff presented the bill and asked whether the board wanted to opt out of the Regulation 86 implementation; Scott Kalman said he would prepare draft documents and a public meeting if the board wanted to proceed. Jayla Popelson, resilient water and watersheds director for the Yampa Valley Sustainability Council, summarized outreach to utilities and pilots in other Colorado jurisdictions and said experience so far shows low take-up and uncertain savings in climates like Routt County’s.
Popelson said Denver’s pilot used indoor treatment systems “implemented in 25 homes,” and that “apparently, 7 out of the 25 homes that were in the pilot program have actually asked to have their systems removed, because they no longer wanna deal with it.” She told the board systems installed without strong financial incentives or very high water rates have proved hard to sell to builders and homeowners; she said system purchase-and-install costs in several utilities’ experiences ranged about $5,000–$8,000 and annual inspection or maintenance costs can add several hundred dollars per year.
Popelson and staff told commissioners graywater reuse can make more sense in specific contexts — for example, rapidly growing communities with high tap fees or systems constrained by wastewater‑treatment capacity — but that other conservation tools (toilet and fixture efficiency requirements, turf restrictions, commercial rebates, and advanced metering infrastructure to find leaks) have produced clearer savings to date in utilities she reviewed.
After discussion, commissioners directed staff to research the formal requirements for opting out of the Regulation 86 implementation, prepare draft language and a public hearing on the issue, and return to the board for action. Kalman said he would “turn that around pretty quick.”
The county’s choice to opt out would apply at the county level; if the county opted in later, staff said the board could adopt the regulations at that time. Commissioners and staff stressed they were not deciding to prohibit graywater reuse permanently, only to decline to adopt the state regulation locally at this time while tracking regulatory and technology changes.
Looking ahead, staff said they would share additional information from Pitkin County and other Colorado jurisdictions that have adopted local regulation but have not issued permits, and would bring a draft resolution and public‑meeting schedule back to the board.
The board’s next formal step will be a public meeting and possible resolution to opt out or opt in, with staff to circulate drafts in advance.
