Conserving Water in New Residential Construction

1. Conserving Water in New Residential Construction Kim Calomino Vice President, Technical and Regulatory Affairs Home Builders Association of Metro Denver

2. Home Building & Landscape Water Conservation • The home building industry recognizes water as a limited, valuable and vital resource. • Home builders have been working for decades on measures to conserve water in landscaping. • Built Green® Colorado included an entire checklist section devoted to water conservation in landscaping. • HBA of Metro Denver adopted a series of water-wise policies and recommended best practices. • “Working Together to Promote Landscape Water Conservation” (Wright Water Engineers, 2004)

3. Overview: Residential Water Use • Accounts for only 5-7 percent of all water used in Colorado • Note: This figure includes all “municipal” uses • Outdoor uses (irrigation) constitute roughly 55 percent of water used in homes – this number varies widely based on geographic location, lot size and landscaping. • One acre foot of water can support anywhere from 2.5-3 new homes. • Residential water conservation is a critical part of addressing the state’s water supply problems, however, it is only a small part of the overall picture.

4. Water Conservation:Federal Statutes & Programs • Federal law has addressed the manufacturing of water-using fixtures and appliances: • Energy Act of 1992 • Set federal manufacturing standards for plumbing fixtures, including toilets and showerheads • Energy Independence & Security Act of 2007 • Set new standards for appliances, including residential clothes washers • Environmental Protection Agency (EPA) established voluntary, incentive-based WaterSense® program

5. Water Conservation:State Statutes • HB 04-1365 – Water Conservation Act of 2004 • Updated water conservation statutes – replacing the term “water efficiency” with “water conservation” • Increased requirements of water conservation plans that “covered entities” must file with Colorado Water Conservation Board • Specifically required low-water use landscapes, drought resistant vegetation, efficient irrigation and removal of phreatophytes • Supported by Colorado Association of Home Builders

6. Water Conservation:State Statutes • SB 05-100 – Increased Protection for Homeowners • Barred homeowners associations and “covenants” from prohibiting: • Xeriscaping® or drought-tolerant vegetation • Landscaping that required majority of sod • Home builders worked with environmental community and legislators on bill language

7. Water Conservation:State Statutes • HB 08-1141 – Sufficient Water Supplies for Land Use Approval • Updated subdivision regulations and defined what it means to have an “adequate water supply” • Requires additional details relative to water supply and water conservation measures • Allows for review of plan by State Engineers Office • Amended version supported by Colorado Association of Home Builders

8. Water Conservation:State Statutes • Since the 1970s, state law (CRS 30-28-133) requires county planning departments to adopt subdivision regulations that include a number of elements, including whether or not new developments have adequate water supplies. • Additionally, state law required evidence to include, but shall not be limited to: • Evidence of ownership or right of acquisition of or use of existing and proposed water rights; and • Evidence that public or private water owners can and will supply water to the proposed subdivision.

9. Water Conservation:State Statutes • HB 10-1204 – Conservation Standards in the Plumbing Code • Requires State Plumbing Board to now consider conservation when adopting Colorado Plumbing Code • Colorado Association of Home Builders worked with stakeholders in drafting final version of bill

10. Water Conservation:State Statutes • HB 10-1358 – Mandatory Offers of Water Conserving Fixtures, Appliances and Landscaping • Requires home builders to offer to home buyers the opportunity to purchase or upgrade to: • “Ultra low-flow” plumbing fixtures • Energy Star®-qualified water-using appliances • Landscaping that follows defined best management practices relative to water conservation if the home builder installs, finances or contracts for installation of landscaping

11. Water Conservation:Local Ordinances • Tap fees, assessed for the purpose of acquiring water and developing infrastructure, are often (especially post-2002 drought) tied to water conservation in a variety of ways • Local landscaping, building and plumbing codes are allowed to exceed state standards – and, in fact, often do • Local regulations relative to open space requirements, greenbelts, can be counterproductive to water conservation • Requirements for residential fire sprinklers have potential to increase demand/tap sizing calculations, impacting water need projections

12. Water Conservation:What’s Missing? • None of these statutes have addressed three critical elements in conserving water used in residential landscaping: • What should be done with older homes (pre-1995) that do not include water-efficient fixtures and landscaping irrigation? • What can be done to improve homeowner’s behavior and choices? There is a limit in legislating human behavior. • What can be done to improve efficiency and conservation by water suppliers themselves?

13. Water Conservation:Lessons Learned • Studies have shown (including one by Wright Water Engineers) that home buyers grossly overwater their lawns, impacting not only structural integrity of the home but also stormwater run-off. • Home buyers have a low tolerance with regard to increased costs relative to water-saving fixtures and landscaping. • “DYI” homeowners are notorious for tinkering with sprinkler settings and pressure-regulating valves.

14. Water Conservation:Lessons Learned • Addressing leaks and high-water use fixtures in older homes will be result in far more water savings than additional mandates for landscaping in new construction. • Policy makers need to be aware of factors that can frustrate water conservation mandates: • Market-availability of products; • Cost of products; • Acceptance by consumers/homeowners (e.g. aesthetics of natural grasses and drought-tolerant vegetation)

15. In Conclusion… • Colorado’s home builders have been working for decades to provide homes with state-of-the-art, affordable water-conserving features both inside and outside the home. • Home builders are often “caught in the middle” by changing and conflicting requirements/policies due to poor communication between various legislative and regulatory authorities. • Given everything already accomplished, additional legislation in this area will do little to produce additional water savings. • Until water providers and elected officials are willing to acknowledge the water loss and waste that occurs with older, existing housing stock, Colorado will make little progress in residential water conservation.

16. Thank You • Contact information Kim Calomino HBA of Metro Denver 9033 E. Easter Place Centennial, CO 80112 303-551-6733 kcalomino@hbadenver.com www.hbadenver.com