Loveland water protection code: what it bans and when

Loveland adopted a replacement source-water protection code that is set to take effect Oct. 20.

Here’s what the code changes, when the new rules begin, which land and water they cover, what activities are prohibited, how violations can be handled and what water-use rules apply.

What did Loveland’s newly adopted water-supply protection code change?

It replaces the existing Section 13.04.150 with prohibitions covering interference with city water-system property, pollution of municipal water sources and activities that create contamination risks.

The code will make it unlawful to trespass on, injure, tamper with or meddle with property, facilities, infrastructure or equipment of the city’s water system, or otherwise interfere with them. The system may be owned, controlled or managed by the city.

It will also prohibit polluting or contaminating any source of municipal water supply within the Protected Area. Sources include reservoirs, streams, trenches, ditches, diversion structures, pipes and drains used in and necessary for construction, maintenance and operation of the city’s waterworks.

The code will prohibit directly or indirectly polluting or contaminating waters, waterways, watersheds, tributaries, properties or equipment. The prohibition applies if the water supply may become impure, unwholesome, unfit or dangerous for human use or consumption. It also applies if raw-water quality is materially degraded, treatment levels, complexity or costs increase, or applicable state or federal water-quality or drinking-water standards are violated.

An activity or use that creates a material risk of defiling, polluting or contaminating a source of the city’s water supply will be unlawful, even if no discharge or contamination has occurred. The Loveland City Council found that business and development activity had changed significantly since the existing language was adopted and that Section 13.04.150 would benefit from updates, clarification and expansion.

What rules apply before Loveland’s amended water code takes effect?

Until Oct. 20, Loveland’s current code provision prohibits allowing livestock to stand or congregate in or otherwise defile or pollute the water. It also prohibits putting manure, dead animals or other matter into the Big Thompson River within five miles above the Home Supply Dam.

Ordinance No. 6850 was initially published in full Sept. 19. The portions amended after the first reading were published in full Oct. 10. The ordinance is listed as effective Oct. 20 and provides that it takes effect 10 days after final publication.

What land and water sources does the code treat as protected?

Starting Oct. 20, the replacement Section 13.04.150 will define the “Protected Area” as lands, surface waters and subsurface areas that drain to or contribute flow to any source of Loveland’s municipal water supply. That includes upstream watersheds, tributaries and hydrologically connected groundwater, whether the flow is direct or indirect.

The Protected Area will include all lands within five miles upstream of any point of diversion, along with any additional areas the city designates as necessary to protect water quality. The city may depict the area on maps it adopts and maintains, and may amend those maps from time to time.

If it is uncertain whether a property or activity is in the Protected Area, the city’s determination will control, based on reasonably available mapping and hydrologic information.

Which activities in the Protected Area are prohibited unless the city approves safeguards in writing?

The amended code will prohibit four activities in the Protected Area unless the city approves safeguards in writing:

• Storing or handling hazardous or regulated substances without adequate secondary containment.
• Storing hazardous or regulated materials outdoors in a way that exposes them to precipitation and runoff.
• Direct discharge or uncontrolled runoff from industrial, commercial or construction activities.
• Applying chemicals to land in a way that conflicts with label requirements or applicable regulations.

The code will require people and entities conducting activities in the Protected Area to take reasonable and appropriate measures to prevent pollutant discharges, releases or migration that could affect the municipal water supply.

Activities with the potential to affect water quality will have to follow applicable best management practices. Those include spill prevention, secondary containment, erosion control and stormwater-management measures consistent with industry standards and applicable federal, state or local guidance.

All activities will have to avoid causing or contributing to measurable water-quality degradation or a material increase in contamination risk, as determined by the city using reasonably available information.

What can happen when someone violates the amended code?

A person or entity convicted of violating the amended code will be liable for all damages for the unlawful acts, in addition to other penalties.

The code will treat failure to take reasonable measures to prevent foreseeable contamination resulting from a person’s activities, operations or property as a violation. The City Attorney, acting on behalf of the City Council, may bring a court action seeking temporary restraining orders and preliminary or permanent injunctions against a violation.

Are Loveland customers under mandatory water-shortage restrictions?

Loveland Utilities lists the water-shortage stage as “Normal - Efficient Water Use (Voluntary)” and asks customers to use water wisely and efficiently as part of routine water stewardship.

The June 1, 2026, Water Shortage Response Plan says waste of city-supplied potable water is prohibited whether or not a water shortage has been declared. The plan identifies these examples of waste:

• Excessive irrigation runoff.
• Watering impervious surfaces.
• Failing to promptly repair leaking or broken fixtures.
• Failing to shut off water outlets or fixtures when they are not in use.

The plan limits outdoor irrigation using potable water to 6 p.m. to 10 a.m., unless a declared water-shortage stage specifies otherwise. Additional limits on irrigation days or duration may be imposed depending on the stage.