To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Mark Marlowe, P.E., Director of Castle Rock Water
Mark Henderson, P.E., Assistant Director of Castle Rock Water
Lauren Moore, Water Resources Manager
Rick Schultz, Water Efficiency Supervisor
Title
Ordinance Amending Section 13.15.080 of the Castle Rock Municipal Code Prohibiting Common Interest Communities from Enforcing Watering Requirements for Landscaping During Drought Conditions (Second Reading - Approved on First Reading on May 19, 2026, by a vote 7-0) [Castle Rock Water Service Area]
Body
________________________________________________________________________________
Executive Summary
This memorandum has been prepared to seek Council approval on first reading for an Ordinance (Attachment A) to prohibit any person and thus Common Interest Communities such as Homeowners Associations (HOAs) or Metro Districts from issuing violations to residents for reduced or limited watering of grass that may result in dormant or brown grass during Town drought declarations. The Town of Castle Rock has adopted a Drought Management Plan that establishes staged responses to water shortages, including recommendations and restrictions on outdoor irrigation. During declared drought conditions, compliance with these measures may result in brown or dormant turf. Currently, some Common Interest Communities maintain covenants that require green or well-maintained turf and may impose fines or enforcement actions when those standards are not met. This creates a potential conflict between Town-directed water conservation efforts and private enforcement of landscaping standards.
This ordinance will amend the Castle Rock Municipal Code to prohibit Common Interest Communities from issuing fines or enforcement actions related to brown grass or similar landscape conditions when such conditions are the result of compliance with Town-declared drought restrictions and recommendations.
The ordinance would:
• Apply only during officially declared drought stages under the Town’s Drought Management Plan;
• Prohibit private enforcement actions related to turf condition, minimum irrigation levels, or imposing minimum landscaping standards that are inconsistent with declared drought compliance;
• Require suspension of ongoing enforcement actions for the duration of the drought declaration; and
• Preserve Common Interest Communities authority over non-water-related property maintenance and governance.
Castle Rock Water is also proposing under separate Resolution (Attachment B) to update the 2024 Drought Management Plan to be consistent with the proposed ordinance and code changes.
This memorandum has been prepared to seek Council approval on first reading for an Ordinance (Attachment A) to prohibit any person and thus Common Interest Communities such as Homeowners Associations (HOAs) or Metro Districts from issuing violations to residents for reduced or limited watering of grass that may result in dormant or brown grass during Town drought declarations. The Town of Castle Rock has adopted a Drought Management Plan that establishes staged responses to water shortages, including recommendations and restrictions on outdoor irrigation. During declared drought conditions, compliance with these measures may result in brown or dormant turf. Currently, some Common Interest Communities maintain covenants that require green or well-maintained turf and may impose fines or enforcement actions when those standards are not met. This creates a potential conflict between Town-directed water conservation efforts and private enforcement of landscaping standards.
This ordinance will amend the Castle Rock Municipal Code to prohibit Common Interest Communities from issuing fines or enforcement actions related to brown grass or similar landscape conditions when such conditions are the result of compliance with Town-declared drought restrictions and recommendations.
The ordinance would:
• Apply only during officially declared drought stages under the Town’s Drought Management Plan;
• Prohibit private enforcement actions related to turf condition, minimum irrigation levels, or imposing minimum landscaping standards that are inconsistent with declared drought compliance;
• Require suspension of ongoing enforcement actions for the duration of the drought declaration; and
• Preserve Common Interest Communities authority over non-water-related property maintenance and governance.
Castle Rock Water is also proposing under separate Resolution (Attachment B) to update the 2024 Drought Management Plan to be consistent with the proposed ordinance and code changes.
Budget Impact
Budget impacts during drought declarations and restrictions are expected and may be significant. Castle Rock Water maintains a Rate Revenue Stabilization Reserve to offset some impacts. In Stage 2 drought and beyond, Castle Rock Water also implements tighter customer water budgets and surcharges (in Stage 3 and beyond) which help mitigate revenue impacts from reduced water sales during a drought declaration.
Staff Recommendation
Staff and Castle Rock Water Commission recommend Council adoption of the Ordinance as introduced on second reading.
Proposed Motion
“I move to approve the Resolution as introduced by title.”
Alternative Motions
“I move to approve the resolution as introduced by title, with the following conditions: (list conditions).
“I move to continue this item to the Town Council meeting on _____ date to allow additional time to (list information needed).”
Attachments
Staff Report
Attachment A: Ordinance
Attachment B: Resolution Approving Changes to the 2024 Drought Management Plan