On May 7, 2018, the Water Quality Control Commission held an informational hearing to gather feedback for a proposed rulemaking scope to update the Graywater Control Regulation (Regulation 86). At that hearing, the commission agreed to the rulemaking scope proposed by the department.

In good faith, the division initiated the stakeholder engagement process but due to competing obligations and limited resources, the stakeholder process will be on hold until further notice. The division will coordinate with all interested parties before reinitiating the process.

As a result of 2013 legislation, we developed Regulation 86: Graywater Control Regulation, which was adopted by the Water Quality Control Commission on November 9, 2015.


Graywater is a part of the water used in a residential, commercial or industrial building that may be collected after the first use and put to a second beneficial use.Regulation 86 outlines requirements, prohibitions, and standards for graywater use for non-drinking purposes.
Graywater sources may include water discharged from:
  • Bathroom and laundry-room sinks.
  • Bathtubs.
  • Showers.
  • Laundry machines.
Graywater may not include water discharged from:
  • Toilets.
  • Urinals.
  • Kitchen sinks.
  • Dishwashers.
  • Non-laundry utility sinks.
Regulation 86 is only one component of a larger legal framework that all must be in place for graywater to be used legally in Colorado. In addition to Regulation 86, the Colorado Plumbing Board will also need to adopt a Colorado Plumbing Code version that allows for graywater piping within structures. There is no estimated date or assurance that the Colorado Plumbing Board will take action to allow graywater plumbing. Any graywater use also will need to be in conformance with Colorado water rights, which is regulated by the Department of Natural Resources, Division of Water Resource.
The statute made graywater an "opt-in" program for local jurisdictions and not a statewide program. To allow graywater use, a city, city and county, or county will have to adopt an ordinance or resolution to allow graywater use within its jurisdiction by developing a graywater control program that meets the requirements of Regulation 86. Please contact your local city or county to see if a local graywater program is in place.
For Regulation 86 questions, please contact Bret Icenogle at or 303-692-3278.