(1) Subject to the conditions set forth in subsection (2) of this section, a water utility, an institution of higher education in Colorado, or a public or private entity that a water utility or an institution of higher education in Colorado contracts with to conduct graywater research on the utility's or institution's behalf may collect, treat, and use graywater in a manner that departs from the requirements of the commission's control regulations, as promulgated pursuant to section 25-8-205 (1)(g), for the purpose of conducting scientific research on the collection, treatment, and use of graywater. (2) A person collecting, treating, or using graywater pursuant to this section: (a) Shall collect and use the graywater in accordance with the terms and conditions of the decrees, contracts, and well permits applicable to the use of the source water rights or source water and any return flows; (b) Shall utilize a graywater treatment works system that incorporates a secondary water supply, such as a municipal water supply, to provide an alternative source of water if any portion of the system does not function properly; however, this subsection (2)(b) does not apply to scientific research involving the use of graywater exclusively for irrigation purposes; (c) (I) May collect, treat, and use the graywater in an area that is not within the jurisdiction of any city, city and county, or county that has adopted an ordinance or resolution authorizing graywater use pursuant to section 25-8-205 (1)(g)(II); (II) This subsection (2)(c) is repealed, effective January 1, 2026. (d) May use the graywater for a nonpotable beneficial use including irrigation or toilet flushing if such use is tied to the purpose of the person's scientific research; (e) Must comply with 45 CFR 46 and other applicable statutes and regulations for scientific research involving human exposure to graywater; and (f) On an annual basis, shall report to the water resources and agriculture review committee, created in section 37-98-102, the results of periodic monitoring of the project conducted to assess: (I) The functioning of the graywater treatment works system used to collect graywater; and (II) For scientific research involving human exposure, the project's continued compliance with the requirements of the federal department of health and human services' regulations concerning the protection of human research subjects, codified in 45 CFR 46. (3) Only an institution of higher education or a person contracting with an institution of higher education may collect, treat, and use graywater for research involving human exposure. (4) As used in this section, "scientific research involving human exposure" means a research study in which: (a) Empirical data is collected and analyzed about collection, treatment, or use of graywater; and (b) Humans participate as subjects in the study.
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