Routt County commissioners are weighing a decision to opt out of a state-mandated graywater regulation program, citing concerns over cost, administrative burden and limited adoption potential. 

The discussion, held Monday following a presentation from Environmental Health Director Scott Cowman at the commissioners’ work session, centered on the implications of House Bill 24-1362, which shifts graywater regulations from an opt-in model to opt-out beginning Jan. 1 of next year.

Graywater refers to water from sinks, showers, bathtubs and laundry machines that can be reused for non-potable purposes such as irrigation or toilet flushing. 

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“Graywater can be used in residential, commercial or industrial buildings, and may be collected after the first use and put to a second beneficial use,” said Cowman, who added that it does not include water discharge from toilets, kitchen sinks or dishwashers.

“There’s two ways that gray water can be utilized. One is laundry to landscape – that’s basically where you are pumping graywater into the ground, similar to an on-site wastewater treatment system,” he continued. “And the other way is gray to black, where you’re storing graywater and then using it in your toilet, so it’s basically being used twice before it goes to a treatment system.”

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The Colorado Water Quality Control Commission adopted Regulation 86 in 2015 to establish guidelines for graywater use. While the regulation allows local government entities to permit graywater systems, it requires extensive oversight. 

Local jurisdictions must develop a Graywater Control Program that includes permitting, inspections and training, as well as the approval of an operation and maintenance manual. Additional compliance with state plumbing codes and water rights laws further complicates implementation.

Under the new legislation, counties must actively pass a resolution to opt out of the program by the end of 2025; otherwise, they will be required to administer a graywater program.

While graywater reuse increases water conservation, supports moisture retention, reduces runoff and aligns with state sustainability goals, it comes with several drawbacks.

“There’s potential for cross-contamination, pathogen exposure if systems are improperly installed or maintained…requires some additional administrative burden on our part in terms of permitting, enforcement, inspection, training, keeping certifications current,” Cowman said. “We know that it’s very expensive to retrofit an existing system.”

“Coming from the plumbing side of it the last two years, my continuing education has been on these issues,” said Commissioner Tim Redmond, “and I will tell you — to put the system into your house … you’re probably going to raise the cost of your plumbing by 20%.”

Establishing the necessary administrative infrastructure, including staff training, permitting system upgrades and ongoing inspections would cost the county around over $5,000. 

Cowman also noted that other jurisdictions have seen minimal participation despite adopting Regulation 86 years ago. Denver has issued only three permits since 2016, while Pitkin County, Golden, Broomfield and Fort Collins adopted the regulation in 2018, 2020, 2021 and 2022, respectively, with no known permits issued since. 

“We anticipate very few applications – maybe one or two a year,” Cowman said of the county. “It’s a lot of effort for potentially little return.”

Cold climate limitations pose another challenge. Outdoor irrigation systems using graywater may freeze during winter months, reducing their effectiveness in regions like Routt County. 

“On the surface, we want to support water conservation measures, but my concern is that we put a bunch of time and effort into building this program, and then not get any applications, or very few applications,” Cowman said. “And then I have some concerns that we’d be putting in systems that may not work, especially in the winter.”

“Given what the limitations are, what other measures that can be taken to conserve water might be more effective, and what we’ve heard from other local jurisdictions…I would lean towards opting out of the program,” Cowman added.

Redmond and Commissioner Angelica Salinas said they were both leaning toward opting out of the program, at least for the upcoming year. 

“This is one tool in our toolbox,” Salinas said of water conservation and sustainability efforts. “But there may be other methods that are more effective and less complex.”

Commissioner Sonja Macys advocated for further exploration of graywater reuse as a tool for water conservation. “I’d be hesitant to just opt out and dismiss this program,” she said, and suggested engaging with other communities that have adopted Regulation 86 to better understand their experiences and challenges, encouraging the other commissioners to “do their own homework.”

While acknowledging the burdensome nature of Regulation 86, Macys urged her colleagues to consider strategies that could make the program more feasible in the future. “Opting out shouldn’t mean we never revisit this,” she said.

The commissioners agreed to revisit the issue after gathering more information from other jurisdictions and state agencies. Cowman noted that opting out now would not preclude the county from opting back in at a later date.