To: Members of the Castle Rock Water Commission
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 to Prohibit Homeowners Associations (HOA) from issuing violations for not watering grass during Town drought declarations - including changes for consistency to the Drought Management Plan [Castle Rock Water Service Area]
Town Council Agenda Date: May 19, 2026
Body
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Executive Summary
This memorandum has been prepared to seek Council approval on first reading for an Ordinance (Attachment A) to prohibit Homeowners Associations (HOAs) from issuing violations to residents for not watering grass and allowing the grass to go dormant or brown during Town drought declarations. The Town of Castle Rock has adopted a Drought Management Plan that establishes staged responses to water shortages, including restrictions on outdoor irrigation. During declared drought conditions, compliance with these measures may result in brown or dormant turf. Currently, some homeowners’ associations (HOAs) 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 HOAs 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.
The ordinance would:
• Apply only during officially declared drought stages under the Town’s Drought Management Plan.
• Prohibit HOA enforcement actions related to turf condition, irrigation levels, or drought-related landscaping impacts.
• Require suspension of ongoing enforcement actions for the duration of the drought declaration; and
• Preserve HOA 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.
Discussion
Castle Rock Water’s 2024 Drought Management Plan establishes a framework for reducing water demand during periods of limited supply. These measures include restrictions on outdoor irrigation, which can lead to turf dormancy or browning. The ongoing drought this year is a perfect example of the importance of Castle Rock Water’s Drought Management Plan for managing outdoor water use to ensure reliable water supplies are preserved for the community over the long term.
Castle Rock has also adopted a “no new turf” ordinance for front yards for new residential development and for all areas of non-residential development, also known as the Coloradoscaping Ordinance. Colorado state law and policy increasingly support water conservation and drought-tolerant landscaping. Recent legislation is catching up with Castle Rock and now requires HOAs to allow water-wise landscaping and limits their ability to enforce aesthetic standards that conflict with conservation goals. However, HOA enforcement practices during active drought conditions are inconsistent across Castle Rock communities and a source of concern and contention with residents.
The proposed ordinance is intended to:
• Ensure residents are not penalized for complying with Town water conservation measures.
• Support the effectiveness of the Town’s Drought Management Plan.
• Reduce confusion and conflict between public regulations and private HOA requirements; and
• Align local practices with state policy encouraging water conservation and drought resilience.
Without this clarification, residents may feel pressure to overwater landscapes to avoid HOA penalties, undermining the Town’s conservation objectives. The ordinance and resulting changes to Municipal Code have been developed to address several potential concerns that might be raised by HOAs:
• The ordinance is narrowly tailored to apply only during declared drought conditions.
• It does not regulate general HOA governance or financial authority.
• It is designed to complement, not conflict with, the Colorado Common Interest Ownership Act (CCIOA); and
• It reinforces existing state and local policy promoting water conservation.
It is important to understand that brown grass in Castle Rock does not mean the grass is dead. Castle Rock Water’s drought stage restrictions allow some level of watering through Stages 1, 2 and 3. The watering allowed is not expected maintain green grass but keep the dormant brown grass alive. Typical grasses used in Castle Rock can survive 4-8 weeks without water in a brown dormant state depending on the exact grass type. The watering allowed in Stages 1, 2 and 3 of drought restrictions allows the grass to maintain until conditions improve.
In addition to the Ordinance, Castle Rock Water plans to update the 2024 Drought Management Plan to incorporate the HOA enforcement changes into the Plan. This will ensure consistency with Town code and allow for easy implementation by staff and understanding by the broader community.
Budget Impact
Budget impacts during drought declarations and restrictions are expected to be significant. Castle Rock Water maintains a Rate Revenue Stabilization Reserve to offset some of these impacts. In Stage 2 drought and beyond, Castle Rock Water also implements tighter water budgets and surcharges (in Stage 3 and beyond) which help mitigate revenue impacts from selling less water during a drought declaration.
Proposed Motion
“I move to recommend to Town Council approval of the Ordinance as presented”
Attachments
Attachment A: Ordinance
Attachment B: Resolution Approving Changes to the Drought Management Plan