C.R.S. § 33-2-103 — CO Code / Title 33 / Article 2 / Section 33-2-103
33-2-103. Definitions
Status: in_force

33-2-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Management" means the collection and application of biological information for the purposes of increasing the number of individuals within species and populations of wildlife up to the optimum carrying capacity of their habitat and maintaining such levels. The term includes the entire range of activities that constitute a modern, scientific resource program including, but not limited to, research, census, law enforcement, habitat acquisition and improvement, and education. Also included within the term, when and where appropriate, is the periodic or total protection of species or populations. "Management" may include artificial propagation to maintain threatened or endangered species populations, in concert with the exercise of water rights, and may also include restriction of stocking of species which are in competition with threatened or endangered species for the available habitat.
C.R.S. § 33-15-105 — CO Code / Title 33 / Article 15 / Section 33-15-105
33-15-105. Eluding
Status: in_force

33-15-105. Eluding. It is unlawful for any person to elude or attempt to elude by any means a parks and recreation officer or other commissioned officer of the division after having received a visual or audible signal such as a red or red and blue light, a siren, or a voice command directing the person to stop. Any person who violates this section commits a class 2 misdemeanor.
C.R.S. § 33-4-119 — CO Code / Title 33 / Article 4 / Section 33-4-119
33-4-119. Mobility-impaired hunters
Status: in_force

33-4-119. Mobility-impaired hunters. (1) The commission is authorized to establish a special licensing program for mobility-impaired hunters.

(2) The commission is authorized to adopt appropriate rules that define "mobility-impaired" and establish a hunting license preference for the mobility-impaired.
C.R.S. § 33-12-104 — CO Code / Title 33 / Article 12 / Section 33-12-104
33-12-104. Pass and registration agents - reports - board of claims - unlawful acts - rules
Status: in_force

33-12-104. Pass and registration agents - reports - board of claims - unlawful acts - rules. (1) The director may designate sole proprietors, partnerships, or corporations having permanent business locations in this state as pass and registration agents to sell, at their permanent business locations, passes and registrations. Pass and registration agents shall be paid a commission on all moneys collected for passes and registrations sold by such agents in an amount determined by the commission by rule. All agents authorized to sell passes and registrations shall keep accurate records of all sales of passes and registrations and shall make such reports to the division regarding pass and registration sales as may be required. Such agents shall be required to give evidence of financial responsibility, in the form of a savings account, deposit, or certificate of deposit meeting the requirements of section 11-35-101, C.R.S., or an irrevocable letter of credit meeting the requirements of section 11-35-101.5, C.R.S., or a bond, in such amount as may be fixed by the division to insure the remittance of all moneys collected from such pass and registration sales, less amounts allowed as commissions, and the making of reports required by the division. The commission may promulgate rules for the establishment and cancellation of pass and registration agencies. All pass and registration moneys received shall be kept separate and apart from any other moneys of the agent authorized to sell passes and registrations and shall at all times belong to the state. All moneys due from the sale of passes and registrations belong to the state and shall draw interest at the rate of one and one-half percent per month from the time that the agency is canceled by the division until paid.

(2) The executive director, state auditor, and attorney general, or their duly designated representatives, shall constitute a board of claims for the hearing of all claims for relief when any agent is unable to account for passes and registrations and claims that the same have been destroyed, lost, or stolen. The findings of the board of claims are subject to review pursuant to section 24-4-106, C.R.S. Claims for relief in an amount totaling one hundred dollars or less shall not be determined by the board of claims, except as otherwise provided in this section, but shall be settled by the division. If the division offers to make settlement and such settlement is not accepted by the claimant, the claimant may submit his claim to the board of claims.

(3) Every agent authorized to sell passes and registrations shall account for all passes and registrations delivered to such agent. If any agent is not able to account for any pass or registration, such agent shall be responsible for the maximum amount for which each unaccounted-for pass or registration could have been issued, except as provided in subsections (4) to (8) of this section.

(4) Any agent authorized to sell passes and registrations may make a claim under oath for relief from responsibility for passes and registrations which have been lost, stolen, or destroyed and for which such agent is unable to account, but no claim for relief shall be considered unless the agent making the claim informs the division of such loss, theft, or destruction within thirty days after such loss, theft, or destruction is discovered, said notice to set forth in detail all pertinent information then known to the agent. Upon receipt of any claim for relief, it is the duty of the division to make an investigation of the claim as soon as practicable, and for that purpose the claimant shall make available such records, information, or other pertinent data as may be in his possession or under his control. A written report of such investigation shall be filed with the board of claims.

(5) As soon as practicable after receipt of the investigator's report and in no event later than one hundred twenty days after receipt of notice of a claim for relief, the board of claims shall set a date for the hearing on such claim for relief, and the claimant may appear at the hearing if he so desires. The claimant shall be given not less than ten days' written notice of the date of the hearing, such notice to be mailed to his last-known address.

(6) The board of claims may give relief to any claimant in the following circumstances and subject to the following limitations:

(a) If the board of claims is satisfied that any passes or registrations were destroyed due to fire, flood, act of God, or any other cause beyond the control of the claimant and that destruction was not due in part to his negligence, then the board of claims may entirely relieve the claimant of the responsibility to account for such passes and registrations or make such lesser adjustment as the board of claims may deem proper.

(b) If the board of claims is satisfied that any passes or registrations were either lost, stolen, or destroyed under circumstances other than those set forth in paragraph (a) of this subsection (6), the board of claims may, in its discretion, make an adjustment of the amount due for any such passes or registrations. The board of claims, in determining what adjustment, if any, shall be allowed for any lost, stolen, or destroyed passes and registrations, may consider the following:

(I) Whether or not, or the extent to which, the loss was due to the negligence or carelessness of the claimant in the handling of passes and registrations, but no adjustment shall be made in the case of gross negligence or gross carelessness upon his part;

(II) Such other evidence as the board of claims may consider pertinent.

(7) The board of claims, in the event that it makes any adjustment upon a claim, may, in its discretion, require the use of such protection against the possibility of lost, stolen, or destroyed passes and registrations as it may deem proper, including, but not limited to, the posting of corporate or personal surety bonds.

(8) It is the legislative intent of subsections (2) to (7) of this section to provide in proper cases for the relief of agents where passes or registrations have been lost, stolen, or destroyed, which relief, however, shall be strictly construed, it being the further intent of such subsections to encourage the proper and careful handling of such documents by pass and registration agents.

(9) The commission may promulgate rules for the cash sale of passes and registrations to pass and registration agents of the division for resale to the public. Only agents of the division in good standing may qualify to purchase and sell under this subsection (9); except that no evidence of financial responsibility shall be required to qualify under this subsection (9). A post or base exchange of the United States government located in Colorado may qualify as an agent for the purpose of this subsection (9). Failure to comply with all applicable rules of the commission and lawful directives of the division regarding pass and registration agents constitutes grounds for the suspension or termination of such an agent, and, upon suspension or termination, all unsold passes and registrations shall be returned immediately to the division for return of cash in the amount paid by the agent for the passes and registrations. The commission, in connection with a program that it may adopt under this subsection (9), shall provide for redemption by the division, at least annually, of any unsold passes and registrations in the amount paid by the agent for such unsold passes and registrations. Subsections (1) to (8) of this section, except the provisions of subsection (1) regarding the designation of pass and registration agents, do not apply to passes and registrations sold under this subsection (9).

(10) The commission may authorize certain employees to sell passes and registrations at the headquarters and regional offices of the division. Such employees are not entitled to a discount off of the face value of the passes and registrations and are not required to give evidence of financial responsibility. Such employees may make claims under oath for relief from responsibility for passes and registrations or moneys that have been lost, stolen, or destroyed and for which the employees are unable to account in accordance with subsections (4) to (8) of this section.

(11) Any pass or registration agent who fails, upon demand of the division or its authorized representative, to account for passes and registrations or who fails to pay over to the division or its authorized representative money received from the sale of passes and registrations commits:

(a) A petty offense if the amount is less than three hundred dollars;

(b) A class 2 misdemeanor if the amount is three hundred dollars or more but less than one thousand dollars;

(c) A class 1 misdemeanor if the amount is one thousand dollars or more but less than two thousand dollars;

(d) A class 6 felony if the amount is more than two thousand dollars but less than five thousand dollars;

(e) A class 5 felony if the amount is five thousand dollars or more but less than twenty thousand dollars;

(f) A class 4 felony if the amount is twenty thousand dollars or more but less than one hundred thousand dollars;

(g) A class 3 felony if the amount is one hundred thousand dollars or more but less than one million dollars; and

(h) A class 2 felony if the amount is one million dollars or more.
C.R.S. § 33-10-114 — CO Code / Title 33 / Article 10 / Section 33-10-114
33-10-114. Limitation on division and commission authority
Status: in_force

33-10-114. Limitation on division and commission authority. (1) Neither the commission nor the division shall enter into any mitigation agreements with any agency of the federal government relating to the transfer or exchange of land or water condemned by the federal government without the express consent of the general assembly.

(2) Nothing in subsection (1) of this section prevents the commission or the division from entering into common agreements with a federal agency pertaining to the administration or management of federally owned lands.
C.R.S. § 33-32-108 — CO Code / Title 33 / Article 32 / Section 33-32-108
33-32-108. Enforcement
Status: in_force

33-32-108. Enforcement. (1) (a) Every peace officer, as defined in this section, has the authority to enforce the provisions of this article and in the exercise of such authority is authorized to stop and board any vessel.

(b) As used in this section, "peace officer" means any division of parks and wildlife officer or any sheriff or city and county law enforcement officer certified by the peace officers standards and training board pursuant to part 3 of article 31 of title 24, C.R.S.

(2) (a) Any actual expenses incurred by a governmental entity for backcountry search and rescue efforts stemming from any river running activity conducted for consideration by a river outfitter pursuant to this article 32 shall be reimbursed by said river outfitter. Such expenses shall include but not be limited to hours worked, fuel, a reasonable fee for use of equipment, and equipment repair or replacement costs, if any.

(b) Pursuant to subsection (2)(a) of this section, any expenses incurred by governmental entities stemming from backcountry search and rescue efforts that are reimbursed by a river outfitter shall be distributed as follows:

(I) If to local law enforcement agencies, on a pro rata basis in proportion to the amount of assistance rendered thereby;

(II) If to the division of parks and wildlife, one-half of the moneys shall be credited to the parks and outdoor recreation cash fund, created in section 33-10-111, and one-half shall be credited to the wildlife cash fund, created in section 33-1-112.

(III) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1393, § 24, effective July 1, 2011.)

(3) (a) (I) If an authorized representative of the division conducts an inspection or investigation and determines that any provision of this article or any regulation promulgated pursuant to this article has been violated and that such violation creates or may create an emergency condition which may have a significant adverse effect on the health, safety, or welfare of any person, then such authorized representative shall immediately issue an order to the violating party to cease and desist the violating activity.

(II) Any order issued pursuant to this paragraph (a) shall set forth:

(A) The section of this article or the regulation promulgated pursuant to this article allegedly violated;

(B) The factual basis for the allegation of a violation; and

(C) A mandate that all violating activities cease immediately.

(III) (A) The recipient of any cease and desist order issued pursuant to this paragraph (a) may request a hearing to determine whether a violation of this article or of any regulation promulgated pursuant to this article has actually occurred if such request is made in writing within thirty days after the date of the service of the cease and desist order.

(B) [Editor's note: For the applicability of this subsection (3)(a)(III)(B) on or after January 1, 2025, see the editor's note following this section.] Any hearing conducted pursuant to this subsection (3)(a)(III) shall be in accordance with section 33-32-109 (3) and (4).

(b) If a person fails to comply with a cease and desist order issued pursuant to paragraph (a) of this subsection (3), the director may request the attorney general or the district attorney for the judicial district in which the alleged violation occurred to bring an action for a temporary restraining order and for injunctive relief to enforce such cease and desist order.

(c) No stay of a cease and desist order may be issued until a hearing at which all parties are present has been held.
C.R.S. § 33-1-108 — CO Code / Title 33 / Article 1 / Section 33-1-108
33-1-108. Rule-making procedure - judicial notice of rules
Status: repealed

33-1-108. Rule-making procedure - judicial notice of rules. (1) Rule-making procedures shall be as prescribed in article 4 of title 24, C.R.S., except as otherwise provided in articles 1 to 6 of this title. Notice of rules and regulations may also be given such other publicity as the commission may deem desirable.

(2) A certified copy, which may be certified by the director or his designee, of any rule, regulation, or order of the commission shall be prima facie evidence in any court of this state. A printed copy of any rule or regulation purporting or proved to have been adopted and published by the authority of the commission or as published in the code of Colorado regulations in accordance with the provisions of section 24-4-103, C.R.S., is presumptive evidence of such rule or regulation and of its adoption.

(3) All rules, regulations, and orders of the commission, lawfully adopted and in force on December 31, 1984, shall continue to be effective until revised, amended, repealed, or nullified, or until they have expired, pursuant to law.
C.R.S. § 33-9-114 — CO Code / Title 33 / Article 9 / Part 1 / Section 33-9-114
33-9-114. Chatfield state park - water quality fee - Chatfield watershed authority - proce
Status: in_force

33-9-114. Chatfield state park - water quality fee - Chatfield watershed authority - process for requesting a water quality fee - definitions - rules. (1) As used in this section, unless the context otherwise requires:

(a) "Chatfield watershed authority" means the Chatfield watershed authority established by an intergovernmental agreement executed pursuant to sections 29-1-203 and 29-1-204.2 and including the following members:

(I) Jefferson county;

(II) Douglas county;

(III) The city of Littleton;

(IV) The town of Castle Rock;

(V) The town of Larkspur;

(VI) Castle Pines metropolitan district;

(VII) Centennial water and sanitation district;

(VIII) Dominion water and sanitation district;

(IX) Louviers water and sanitation district;

(X) Perry Park water and sanitation district;

(XI) Roxborough water and sanitation district;

(XII) The city and county of Denver, acting by and through its board of water commissioners; and

(XIII) The Plum Creek water reclamation authority.

(b) "Fund" means the parks and outdoor recreation cash fund created in section 33-10-111 (1).

(c) "Water quality fee" means a water quality fee established by rules promulgated by the commission pursuant to subsection (2) of this section.

(2) (a) On or before July 1, 2024, the commission shall promulgate rules establishing:

(I) A process by which the Chatfield watershed authority may request that the commission create by rule a water quality fee to be collected by the division from visitors to Chatfield state park;

(II) Criteria for approving a request for a water quality fee; and

(III) Criteria for determining which visitors to Chatfield state park should be required to pay a water quality fee; except that in promulgating such rules, the commission shall ensure that the division shall not collect a water quality fee from a visitor who holds an annual or lifetime pass to visit state parks.

(b) In promulgating rules pursuant to subsection (2)(a) of this section, the commission shall ensure that the amount of a water quality fee:

(I) Is rounded to the nearest dollar; and

(II) Does not exceed two dollars, except as described in subsection (4)(c) of this section.

(c) On and after July 1, 2024, the commission may create a water quality fee pursuant to rules promulgated pursuant to this subsection (2).

(3) The commission shall not unreasonably deny a request by the Chatfield watershed authority to create a water quality fee as described in subsection (2) of this section.

(4) If the commission establishes a water quality fee pursuant to rules promulgated pursuant to subsection (2) of this section, the commission:

(a) Shall require the Chatfield watershed authority to expend up to twenty-five percent, as determined by the commission, of the money received from the division pursuant to subsection (5)(a) of this section on water quality projects within the boundaries of Chatfield state park;

(b) May include additional requirements and restrictions concerning the expenditure by the Chatfield watershed authority of money received from the division pursuant to subsection (5)(a) of this section on water quality projects inside the boundaries of Chatfield state park; and

(c) Shall review the water quality fee on January 1, 2030, and on each January 1 every five years thereafter. After each such review, the commission may either:

(I) Eliminate the water quality fee if the commission determines that the water quality fee is no longer necessary; or

(II) Adjust the amount of the water quality fee to account for inflation or deflation. In calculating inflation or deflation, the commission shall use the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable predecessor or successor index.

(5) If the commission establishes a water quality fee pursuant to rules promulgated pursuant to subsection (2) of this section:

(a) The division shall collect the water quality fee on and after January 1, 2025, in the manner prescribed by rules of the commission. Except as described in subsection (5)(c) of this section, the division shall transfer the total amount of money collected as water quality fees to the state treasurer, who shall credit the money to the fund. Money in the fund that was collected as water quality fees is continuously appropriated to the department for allocation to the division for purposes described in this section.

(b) Beginning July 1, 2025, and each six months thereafter, except as described in subsection (5)(c) of this section, the division shall pay to the Chatfield watershed authority the total amount of money collected as water quality fees during the preceding six months. The money shall be paid from the fund.

(c) The division shall annually perform an analysis to determine the net incremental costs incurred by the division in collecting and administering the water quality fee. The division may retain a portion of the amount of money collected as water quality fees to pay such costs; except that the division shall not retain more than three and one-third percent of such money.

(6) The Chatfield watershed authority shall expend the money received from the division pursuant to subsection (5)(b) of this section to support water quality projects, including projects that provide for the construction, operation, and maintenance of nonpoint source projects, water quality monitoring, and urban runoff and erosion management and control.
C.R.S. § 33-5-107 — CO Code / Title 33 / Article 5 / Section 33-5-107
33-5-107. Irrigation projects exempt
Status: in_force

33-5-107. Irrigation projects exempt. This article shall not apply to any irrigation project.
C.R.S. § 33-61-106 — CO Code / Title 33 / Article 61 / Section 33-61-106
33-61-106. Returns and remittance of fees - rules
Status: in_force

33-61-106. Returns and remittance of fees - rules. (1) Every producer shall file a return with the executive director for each calendar quarter upon forms prescribed and furnished by the executive director. The return must contain the volume of oil and gas produced in the state during the previous calendar quarter, the production fee for wildlife and land remediation and the production fee for clean transit due on the volume of oil and gas produced in the state during the previous calendar quarter, and any other information that the executive director may reasonably require.

(2) The producer shall file the return required by subsection (1) of this section with the executive director on or before the last day of the second month following the previous calendar quarter applicable to the return and with the return shall remit the production fees for wildlife and land remediation and the production fees for clean transit due. The producer shall file the return required by subsection (1) of this section electronically and remit the amount of the production fees for wildlife and land remediation and the production fees for clean transit due by electronic funds transfer.

(3) The executive director may extend the time for making a return and paying the production fees for wildlife and land remediation and the production fees for clean transit due for good cause shown or under such reasonable rules as the executive director may promulgate.

(4) (a) If a person neglects or refuses to make a timely return, to pay or correctly account for any production fees for wildlife and land remediation or production fees for clean transit as required by this article 61, or to keep complete and accurate records pursuant to section 33-61-107, the executive director shall make an estimate, based upon the information that may be available, of the amount of production fees for wildlife and land remediation or production fees for clean transit due, not accounted for, or incorrectly accounted for on a return for the period for which the producer is delinquent. The executive director shall add to the estimated amount of production fees for wildlife and land remediation or production fees for clean transit due, not accounted for, or incorrectly accounted for interest if applicable under section 39-21-110.5 and a penalty equal to the greater of:

(I) Fifteen dollars; or

(II) Ten percent of such unpaid, unaccounted, or incorrectly accounted amount, plus one-half percent per month from the date when due, not exceeding eighteen percent in the aggregate.

(b) The executive director shall provide the delinquent producer a written notice of deficiency detailing the estimated fees, penalty, and interest in accordance with section 39-21-103 (1).
C.R.S. § 33-6-111 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-111
33-6-111. Inspection of license and wildlife - check stations - failure to tag - eluding a
Status: in_force

33-6-111. Inspection of license and wildlife - check stations - failure to tag - eluding an officer. (1) (a) Any person who hunts, traps, fishes, or possesses wildlife for any purpose shall, when requested to do so by an officer of the division of parks and wildlife or other peace officer empowered to enforce articles 1 to 6 of this title 33, produce:

(I) All applicable licenses that the division issued to the person;

(II) All firearms;

(III) All records required to be maintained by articles 1 to 6 of this title 33 or by any rule of the commission;

(IV) All wildlife; and

(V) Any personal identification documents.

(b) Any person who refuses to permit inspection of the person's personal identification documents, licenses, firearms, records, or wildlife is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred fifty dollars and an assessment of five license suspension points.

(2) The division is authorized to establish check stations, as needed, at locations within the state to aid in the management of wildlife and the enforcement of articles 1 to 6 of this title and the rules or regulations of the commission. Persons who encounter check stations, whether in possession of wildlife or not, shall stop and produce licenses issued by the division, firearms, and wildlife for inspection by division personnel. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of five license suspension points.

(3) Any person who fails to void the person's license or carcass tag as required by commission rule is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of ten license suspension points.

(4) It is unlawful for any person to elude or attempt to elude by any means a Colorado wildlife officer or other peace officer after having received a visual or audible signal such as a red or red and blue light, siren, or voice command directing the person to stop. Any person who violates this subsection (4) commits a class 2 misdemeanor and is assessed ten license suspension points. In addition, the court shall require the person to pay for any damages caused to any public or private real or personal property damaged while eluding an officer.
C.R.S. § 33-4-114 — CO Code / Title 33 / Article 4 / Section 33-4-114
33-4-114. Course in hunter safety and competency
Status: repealed

33-4-114. Course in hunter safety and competency. (Repealed)
C.R.S. § 33-4-102 — CO Code / Title 33 / Article 4 / Section 33-4-102
33-4-102. Types of licenses and fees - rules
Status: repealed

33-4-102. Types of licenses and fees - rules. (1) Except as otherwise provided in subsection (1.6) of this section, the division may issue the following resident and nonresident licenses and shall collect the following fees:

Fees

Resident Nonresident

(a) to (p) Repealed.

(q) (Deleted by amendment, L. 2018.)

(r) to (u) Repealed.

(v) 3-year possession/hunting

raptor license $ 150.00 Not available

(w) Annual possession/hunting

raptor license Not available $ 80.00

(x) Repealed.

(y) Peregrine falcon

capture license 300.00 Not available

(1.1) to (1.3) Repealed.

(1.4) Except as otherwise provided in subsections (1.5) and (1.6) of this section, the division may issue the following resident and nonresident licenses and shall collect the following fees:

Fees

Resident Nonresident

(a) Extra rod stamp $ 9.00 $ 9.00

(b) Fishing - 1 day 12.00 15.00

(c) Fishing - 5 days Not available 30.00

(d) Fishing - annual 33.00 95.00

(d.5) Youth, ages sixteen

and seventeen,

fishing - annual 8.00 Not available

(e) [Editor's note: For the applicability of this subsection (1.4)(e) on or after January 1, 2025, see the editor's note following this section.]

Senior, ages

sixty-four and

older, annual fishing 8.00 Not available

(f) Small game hunting 28.00 80.00

(g) Small game - 1 day 12.00 15.00

(h) Furbearer license 28.00 250.00

(i) (Deleted by amendment, L. 94, p. 1220, § 3, effective May 22, 1994.)

(j) Turkey, fall 23.00 150.00

(j.3) Turkey, spring 28.00 150.00

(j.6) Turkey (youth) 14.00 100.00

(k) Combination fishing and

small game hunting 48.00 Not available

(l) Pronghorn 38.00 395.00

(m) Bear, fall 48.00 660.00

(n) Repealed.

(o) Deer 38.00 395.00

(p) Elk 53.00 660.00

(q) Mountain goat 300.00 2,210.00

(r) Moose 300.00 2,210.00

(s) Mountain lion 48.00 660.00

(t) Rocky mountain bighorn

sheep 300.00 2,210.00

(u) Desert bighorn sheep 300.00 2,210.00

(v) (I) [Editor's note: For the applicability of this subsection (1.4)(v)(I) on or after January 1, 2025, see the editor's note following this section.]

Resident low-income

senior annual fishing 8.00 Not available

(II) (Deleted by amendment, L. 97, p. 766, § 1, effective May 1, 1997.)

(w) [Editor's note: For the applicability of this subsection (1.4)(w) on or after January 1, 2025, see the editor's note following this section.]

Youth big game (deer,

elk, pronghorn) 13.75 99.75

each each

(x) [Editor's note: For the applicability of this subsection (1.4)(x) on or after January 1, 2025, see the editor's note following this section.]

Youth small game hunting 1.00 1.00

(y) Repealed.

(z) Colorado wildlife habitat

stamp, purchased in conjunction

with the purchase of a hunting

or fishing license 10.00 10.00

(aa) "Lifetime" Colorado

wildlife habitat stamp 300.00 300.00

(bb) Migratory waterfowl

stamp 10.00 10.00

(1.5) (a) With respect to the licenses authorized under subsections (1.4)(d.5) and (1.4)(e) of this section, the commission may raise the fees by rule as necessary to maintain sufficient funding for Colorado to remain eligible for federal funding made available to the states through the "Federal Aid In Sport Fish Restoration Act", 16 U.S.C. secs. 777 to 777k, as amended.

(b) With respect to licenses authorized under subsection (1.4) of this section, the commission shall consider offering discounted licenses or license combinations for wildlife management or hunting and fishing recruitment purposes, including consideration of the creation of a resident low-income license.

(c) [Editor's note: For the applicability of this subsection (1.5)(c) on or after January 1, 2025, see the editor's note following this section.] Except for the senior annual fishing license, resident low-income fishing license, youth big game hunting license, annual Colorado wildlife habitat stamp, lifetime Colorado wildlife stamp, and migratory waterfowl stamp issued in accordance with subsections (1.4) and (1.5)(b) of this section, the commission may, by rule, assess a harvest permit surcharge in an amount not to exceed five dollars for each species that may be taken under any license listed in subsections (1), (1.4), and (1.5)(b) of this section that is sold by the division or one of its license agents pursuant to section 33-4-101 when, as determined by the commission by rule, doing so is necessary for the proper management of the division or is otherwise beneficial to the management of state wildlife resources.

(1.6) (a) By promulgation of appropriate rule, the commission may, from time to time, reduce a fee specified in this section and may, by promulgation of appropriate rule, later raise the license fee up to an amount not to exceed the statutory limit, when, in the judgment of the commission, one of the following conditions applies:

(I) If the commission determines that it would be beneficial to issue the license in conjunction with another type of license and creates a combination license;

(II) If the commission determines it is proper for management of the division or otherwise beneficial to the management of state wildlife resources. Licenses so discounted may be limited to certain geographic areas, by sex of the animal, or as otherwise deemed appropriate by the commission.

(III) If the commission determines that an activity is regulated at both the state and federal levels and that issuance of a multi-year state license or collection of a reduced state annual license fee, or both, would help to coordinate state and federal regulation and reflect the administrative cost savings realized through coordination.

(IV) (Deleted by amendment, L. 2018.)

(b) [Editor's note: For the applicability of this subsection (1.6)(b) on or after January 1, 2025, see the editor's note following this section.] (I) For a fee or surcharge described in articles 1 to 6 of this title 33, the commission may, by rule, adjust the fee or surcharge by an amount up to the total amount reflected by the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index. The adjustment is not effective until the commission notifies the joint budget committee of the adjustment.

(II) (A) For a fee for resident and nonresident licenses described in subsection (1.4) of this section, the commission may, by rule, adjust the fee by an amount up to the total amount reflected by the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index.

(B) If the commission adjusts a fee in accordance with subsection (1.6)(b)(II)(A) of this section, the commission shall base the adjustment on the prices for fees as those prices were established by Senate Bill 18-143, as enacted in 2018, and described in subsection (1.4) of this section.

(C) The fee adjustment described in this subsection (1.6)(b)(II) is not effective until the commission notifies the joint budget committee of the adjustment.

(c) Repealed.

(1.7) Nothing in this section shall be construed to invalidate any senior lifetime license previously issued by the division.

(1.8) Repealed.

(1.9) (a) (I) The general assembly hereby finds, determines, and declares that:

(A) Service members returning from post-September 11, 2001, overseas contingency operations who have been injured during combat face a challenging period of rehabilitation upon their return to the United States;

(B) Many of these service members are so severely injured that they require medical assistance for many years, or even the rest of their lives, as they reenter mainstream life;

(C) Although the scope of care provided by the United States armed services wounded warrior programs varies with each service member, based on the needs of the individual, these service members may be assigned, upon return to Colorado, to a medical treatment facility such as Evans army hospital at Fort Carson, Colorado;

(D) Wounded warrior programs are direct efforts by the United States armed services to care for service members during their long transition from combat-related injury to civilian life and to provide assistance to those service members in recovery, rehabilitation, and reintegration that is worthy of their service and sacrifice; and

(E) For those wounded warriors who suffer injuries so severe that they will require intense, ongoing care or assistance for many years or the rest of their lives, a significant part of the healing process is enabling and encouraging these service members to experience some of the recreational activities they enjoyed prior to their service-related injuries.

(II) The general assembly therefore recognizes the need to provide opportunities for Colorado's severely injured "wounded warriors" to enjoy the natural resources of the state as part of their rehabilitative care. Furthermore, offering reduced-cost or free big game hunting licenses to such recovering service members is a small, but recognizable, acknowledgment of their selfless service and sacrifice.

(b) The commission may promulgate rules to reduce or eliminate big game license fees and establish a big game hunting license preference for members of the United States armed services wounded warrior programs who are residents of, or stationed in, Colorado and who have been so severely injured that they will require years of intense, ongoing care or assistance.

(c) As used in this subsection (1.9), "United States armed services wounded warrior programs" means:

(I) The Army wounded warrior (AW2) program;

(II) The Air Force wounded warrior (AFW2) program;

(III) The Navy safe harbor program;

(IV) The Coast Guard wounded warrior regiment; and

(V) Any successor program administered by a branch of the United States armed services to provide individualized support for service members who have been severely injured in overseas contingency operations undertaken since September 11, 2001.

(d) The commission may adopt rules to implement this subsection (1.9), including rules defining "severely injured" and establishing residency requirements for service members eligible under this subsection (1.9).

(2) Except as otherwise provided in subsection (1.6) of this section, the division may issue the following special licenses and shall collect the following fees:

Fees

(a) Scientific collecting license for the collection of wildlife species

outside of established seasons and bag limits$ 28.00

(b) Importation license, issued for the purpose of importing wildlife

into the state75.00

(c) Field trial license23.00

(d) Commercial lake license, issued for the operation of privately

owned lakes for purposes of charging customers to fish; live fish or viable

gametes may not be sold or transported from the premises200.00

(e) Private lake license, issued for the operation of privately owned

lakes for the purpose of fishing when no fee is charged; fish or gametes

may not be sold, and live fish or viable gametes may not be transported

from the premises14.00

(f) Commercial wildlife park license, issued for the operation of

privately owned wildlife parks and for related buying, selling, or trading of

lawfully acquired wildlife or for charging customers to hunt at the park150.00

(g) Noncommercial park license, issued to persons who wish to

keep lawfully acquired native birds except raptors as pets28.00

(h) (Deleted by amendment, L. 91, p. 199, § 4, effective June 7, 1991.)

(i) Wildlife sanctuary license150.00

(3) The fee for any license issued by the division for which a fee is not provided in subsection (1), (1.4), or (2) of this section must not exceed one hundred dollars.

(4) Repealed.

(5) Any person may obtain more than one one-day or five-day fishing license during a calendar year. The effective date shall appear on every such fishing license. Said date may be the date it is procured or any future date during the fishing season specified by the license.

(6) (a) Moneys received in payment for any licenses issued under this title shall not be refunded except for proven error committed by the division in issuing licenses or upon the death of a licensee in possession of a big game license if death occurs before the starting date of the season specified on said license or if authorized by the director under rules of the commission.

(b) Repealed.

(7) Any person claiming residency in Colorado as set forth in section 33-1-102, for the purpose of purchasing a resident license of any kind, must produce evidence of such residency at the time of purchase.

(7.5) The division or a license agent issuing a license on the division's behalf need not comply with section 24-72.1-103 concerning secure and verifiable identity documents when issuing a license pursuant to this section.

(8) In the event of the loss, theft, or destruction of any wildlife license issued by the division, the person to whom the license was issued may receive a duplicate license from the division upon payment of a fee of up to fifty percent of the cost of the original license, not to exceed twenty-five dollars, as established by the commission by rule, and completion of an affidavit stating where and by whom the license was issued and the circumstances under which the license was lost, stolen, or destroyed. In the event the division determines that the original license has been lost or destroyed in the mail, the person to whom the license was issued may obtain a duplicate license from the division without charge by submitting to the division a signed affidavit stating that the license was never received.

(8.5) (a) Except for the annual Colorado wildlife habitat stamp, the lifetime Colorado wildlife stamp, the migratory waterfowl stamp, and the youth small game hunting license, the commission shall, by rule, assess a surcharge in an amount not to exceed one dollar and fifty cents on each license listed in subsections (1) and (1.4) of this section that is sold by the division or one of its license agents pursuant to section 33-4-101. Revenues derived from the assessment of the surcharge, together with any interest earned on the revenues, shall be deposited into the wildlife management public education fund created in section 33-1-112 (3.5)(a).

(b) to (e) (Deleted by amendment, L. 2005, p. 469, § 1, effective January 1, 2006.)

(9) All licenses issued pursuant to this section expire on the date written or printed thereon, unless otherwise provided by the commission or by any other law.

(10) Repealed.

(11) With respect to licenses that are issued in limited numbers for the taking of game wildlife, the division may collect from each resident license applicant a nonrefundable processing fee not to exceed ten dollars and from each nonresident license applicant a nonrefundable processing fee not to exceed twenty dollars, which fees the commission shall establish by rule.

(12) (a) A person holding a valid aquaculture facility permit pursuant to section 35-24.5-109, C.R.S., may charge a fee for fishing at the production facility; no state fishing license is required.

(b) Several satellite stations of a fish production facility may operate under one aquaculture license provided all such satellite stations are listed on such license.

(13) (a) The commission shall establish a license classification for zoological parks. Each licensed zoological park shall be subject to the following requirements:

(I) The primary purpose of the park shall be the exhibition of captive wild or exotic animals for the education of the general public; except that this subparagraph (I) shall not be construed to prohibit the carrying on of reasonable incidental activities such as propagation, purchase, sale, and exchange of animals;

(II) The park shall be operated under the direction of a professional staff that has generally recognized formal or practical training in the husbandry of the types of animals kept in the park;

(III) The park shall have a state-licensed veterinarian on staff or under contract with the park and available to provide professional consultation and care when needed;

(IV) The park shall maintain regular hours during which it is open to the public;

(V) The animals kept at the park shall be confined by at least one fence or other enclosure surrounding the area in which they are housed or displayed and by at least one additional fence, no less than eight feet in height, surrounding the perimeter of the park.

(b) A licensed zoological park may move animals within Colorado in connection with the buying, selling, exchanging, or loaning of such animals with another licensed or accredited zoological park or in connection with the export of such animals from Colorado.

(c) No licensed zoological park may import noncervid ruminants or camelids into Colorado unless, in each such instance, the animal has been subjected to the following process:

(I) Before importation, the animal is tested for tuberculosis and found not to be infected;

(II) After such test, the animal is imported and held in isolation in an isolation facility for a continuous period of least sixty days; and

(III) After the end of such isolation period, the animal is again tested for tuberculosis. If the test result is negative, the animal may then be incorporated into the animal population of the park.

(d) Importation and testing of cervid animals by licensed zoological parks shall be subject to regulation by the division.

(e) A license issued to a zoological park shall cover the park and also other property used in conjunction with the park for the selling, buying, brokering, trading, or breeding of or caring for animals used at the park. Animals may be moved between the park and such other property as may be reasonably necessary for the operation of the park.

(f) The annual fee for a zoological park license shall not exceed the annual fee for a commercial park license.

(g) (I) Except as provided in subparagraph (II) of this paragraph (g), this subsection (13) does not apply to any zoological park that is accredited by the American zoo and aquarium association. Any intrastate transfer and movement of wildlife by a zoological park accredited by the American zoo and aquarium association to another zoological park accredited by the American zoo and aquarium association is not subject to the rules of the commission regarding movement and disease testing.

(II) Any intrastate transfer and movement of wildlife by a zoological park accredited by the American zoo and aquarium association to any person or entity not accredited by the American zoo and aquarium association is subject to the rules of the commission regarding movement and disease testing.

(14) (a) The commission shall establish a license classification for wildlife sanctuaries. Each license for a wildlife sanctuary shall be subject to the following requirements:

(I) The purpose of the wildlife sanctuary shall be to operate as a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced wildlife are provided care for their lifetime;

(II) The wildlife sanctuary shall be operated under the direction of a professional staff that has generally-recognized formal or practical training in the husbandry of the types of wildlife kept at the sanctuary; and

(III) The wildlife sanctuary shall have a state-licensed veterinarian on staff or under contract with the sanctuary and available to provide professional consultation and care when needed.

(b) An application for a license for a wildlife sanctuary shall include the following:

(I) The name, complete street address, mailing address if different from the street address, and telephone number of the facility;

(II) Evidence of the wildlife sanctuary's status under section 501 (c)(3) of the federal "Internal Revenue Code";

(III) The specific location where wildlife is housed;

(IV) The current wildlife inventory, including the common and scientific name, gender, age, and origin of each animal; and

(V) A signed statement by a licensed veterinarian stating the veterinarian is the veterinarian of record for the applicant and the veterinarian's complete address, telephone number, and license number. The veterinarian shall certify that the veterinarian has observed each of the applicant's animals at least once during the previous three months and that the wildlife have been appropriately immunized and cared for.

(c) Repealed.

(15) Notwithstanding any provision of this article to the contrary, revenue generated from the fees increased by House Bill 05-1266, enacted at the first regular session of the sixty-fifth general assembly, shall be used to implement key priorities in the commission's strategic plan.
C.R.S. § 33-14.5-110 — CO Code / Title 33 / Article 14.5 / Section 33-14.5-110
33-14.5-110. Regulation by political subdivisions
Status: in_force

33-14.5-110. Regulation by political subdivisions. (1) (a) Except as provided in paragraph (b) of this subsection (1), any county, city and county, city, or town acting by its governing body may regulate the operation of off-highway vehicles on public lands, waters, and property under its jurisdiction and on streets and highways within its boundaries by resolution or ordinance of the governing body and by giving appropriate notice of the regulation if the regulation is not inconsistent with this article and the rules promulgated under this article.

(b) (I) Notwithstanding the requirement that its ordinance or resolution not be inconsistent with this article 14.5 or a rule promulgated under this article 14.5, a county, city and county, city, or town may, when an off-highway vehicle is being driven on a street, road, or highway within the jurisdiction of the county, city and county, city, or town, do any combination of the following:

(A) Require the driver to have a driver's license;

(B) Require the driver to carry liability insurance;

(C) Require the occupants to wear a safety belt system if the manufacturer installed a safety belt system in the off-highway vehicle;

(D) Require the use of a child restraint system in accordance with section 42-4-236 if the off-highway vehicle was designed by the manufacturer to be used with a child restraint system;

(E) Require the use of eye protection for all occupants in the off-highway vehicle, which eye protection must conform to section 42-4-232 (1) unless the eye protection is a windshield;

(F) Require the use of a helmet for an occupant who is under eighteen years of age, in accordance with section 42-4-1502 (4.5); or

(G) Limit the number of occupants to the greater of the number of occupants that the off-highway vehicle was designed by the manufacturer to hold or the number of occupants that the vehicle was designed to hold plus one occupant in an aftermarket seat if the aftermarket seat is installed in accordance with the instructions of the aftermarket seat manufacturer and does not extend outside the roll cage; but if the off-highway vehicle is an all-terrain vehicle or motorcycle, limit the number of occupants to two.

(II) Notwithstanding subsection (1)(b)(I) of this section, a county, city and county, city, or town does not have authority to promulgate a resolution or ordinance imposing the requirements authorized by subsection (1)(b)(I) of this section under the circumstances described in section 33-14.5-108 (1)(a), (1)(d), (1)(e), and (1)(g) to (1)(i).

(2) No county, city and county, city or town acting by its governing body may adopt an ordinance which imposes a fee for the use of public land or water under the jurisdiction of any agency of the state or for the use of any access thereto owned by the county, city and county, city, or town; nor shall it require an off-highway vehicle to be licensed or registered in such political subdivision.

(3) For a city or town to regulate the crossing of a state highway under the jurisdiction of the Colorado department of transportation, the city or town must request in writing that the regional office of the department approve the regulation. The regional office shall not unreasonably withhold approval. If the regional office does not approve or deny the request within sixty days after received, the request is deemed approved.
C.R.S. § 33-12-102 — CO Code / Title 33 / Article 12 / Section 33-12-102
33-12-102. Types of passes and registrations - fees - repeal
Status: repealed

33-12-102. Types of passes and registrations - fees - repeal. (Repealed)
C.R.S. § 33-33-101 — CO Code / Title 33 / Article 33 / Section 33-33-101
33-33-101. Short title
Status: in_force

33-33-101. Short title. This article shall be known and may be cited as the "Colorado Natural Areas Act".
C.R.S. § 33-14.5-106 — CO Code / Title 33 / Article 14.5 / Section 33-14.5-106
33-14.5-106. Off-highway vehicle recreation fund - creation - use of money
Status: repealed

33-14.5-106. Off-highway vehicle recreation fund - creation - use of money. (1) All fees collected from the registration of off-highway vehicles and all fees collected from the sale of off-highway use permits, plus all interest earned on such moneys shall be credited to the off-highway vehicle recreation fund, which fund is hereby created, and shall be used for the administration of this article, for information and awareness on the availability of off-highway vehicle recreational opportunities, for the promotion of off-highway vehicle safety, for the establishment and maintenance of off-highway vehicle routes, parking areas, and facilities, and for the purchase or lease of private land for the purposes of access to public land for uses consistent with the provisions of this article; however, any moneys collected in excess of four dollars per original or renewal registration shall be used exclusively for direct services and not administrative costs. The general assembly shall make annual appropriations from the off-highway vehicle recreation fund for the purposes enumerated in this subsection (1).

(2) (a) Except as provided in subsection (2)(b) of this section, all money collected for fines imposed pursuant to this article 14.5 shall be transferred to the state treasurer and credited to the off-highway vehicle recreation fund.

(b) If a Colorado peace officer other than a division of parks and wildlife officer makes an arrest or issues a citation for an offense arising from a violation of this article 14.5, the state treasurer shall credit one-half of the money collected for the resulting fine to the off-highway vehicle recreation fund and:

(I) If the peace officer is employed by a local jurisdiction, one-half to the treasurer of the local jurisdiction in which the violation occurred, to be credited to the appropriate fund; or

(II) If the peace officer is employed by another state agency, one-half to a fund administered by the state agency, as designated by the state agency.

(3) and (4) Repealed.
C.R.S. § 33-1-102 — CO Code / Title 33 / Article 1 / Section 33-1-102
33-1-102. Definitions - rules
Status: repealed

33-1-102. Definitions - rules. As used in this title 33, unless the context otherwise requires:

(1) "Antler point" means a projection of an antler that is at least one inch long and longer than the width of the base of such projection.

(1.3) "Backcountry search and rescue" means the utilization, training, and support of responders, with their specialized equipment, coordinated by a sheriff to provide the services described in this subsection (1.3) during emergencies or disasters in forests, deserts, mountains, canyons, caves, waters, parks, plains, and, at times, in more populated areas. Responders include members of volunteer teams that work alongside fire, law enforcement, emergency medical personnel, the Colorado National Guard, and other government employees in disasters or emergencies. "Backcountry search and rescue" is a subset of search and rescue as defined in section 24-33.5-703 (8) and includes:

(a) Locating lost or injured individuals in remote areas;

(b) Accessing individuals who are injured, stuck, stranded, or entrapped;

(c) Recovering the bodies of deceased individuals at the direction of a coroner;

(d) Assessing and mitigating hazardous terrain or conditions;

(e) Providing emergency on-scene medical and psychological care;

(f) Evacuating or transporting injured, stuck, stranded, or entrapped individuals to a roadway or air ambulance;

(g) Providing public outdoor safety education;

(h) Providing for the physical and psychological well-being of first responders involved in backcountry search and rescue;

(i) Training individuals and teams to provide backcountry search and rescue services; and

(j) Other related services performed at the will of a sheriff.

(1.5) "Bag limit" means the maximum amount, expressed in numbers, of wildlife that may be lawfully taken, caught, killed, or possessed by a person during one day or other specified period of time.

(2) "Big game" means elk, white-tailed deer, mule deer, moose, rocky mountain bighorn sheep, desert bighorn sheep, rocky mountain goat, pronghorn antelope, black bear, mountain lion, and all species of large mammals that may be introduced or transplanted into this state for hunting or are classified as big game by the commission.

(2.5) Repealed.

(3) "Carcass" means the dead body of any wildlife or a portion thereof.

(4) "Carcass tag" or "tag" means that portion of the license or separate identification which is required by statute or by rule or regulation of the commission to be attached to a wildlife carcass as evidence of lawful possession.

(4.3) "Colorado wildlife officer" means an employee of the division of parks and wildlife, or any other person who is commissioned by the director to enforce the wildlife statutes and rules of the commission and all laws of the state of Colorado, who is recognized as a peace officer in section 16-2.5-116, C.R.S.

(4.5) "Commercial wildlife park" means a privately owned wildlife park, containing lawfully acquired captive wildlife, on which wildlife are exhibited for educational, commercial, or promotional purposes.

(5) "Commission" or "parks and wildlife commission" means the parks and wildlife commission created in section 33-9-101.

(6) "Commissioner" means a member of the parks and wildlife commission.

(6.4) "Computer-assisted remote hunting" means the use of a computer or any other device, equipment, or software to remotely control the aiming and discharge of a weapon, including, but not limited to, firearms or archery equipment, at wildlife while the person engaged in the action is not physically present with, or in the immediate vicinity of, the wildlife.

(6.5) "Computer-assisted remote hunting facilities" means real property and improvements on the property associated with computer-assisted remote hunting. "Computer-assisted remote hunting facilities" also includes, but is not limited to, hunting blinds, weapons, offices, and rooms, equipped to facilitate computer-assisted remote hunting.

(7) "Department" means the department of natural resources.

(8) "Director" means the director of the division of parks and wildlife.

(9) (Deleted by amendment, L. 2003, p. 1629, § 64, effective August 6, 2003.)

(10) "Division" means the division of parks and wildlife and its employees, and, when necessary, the term may be construed as referring to the parks and wildlife commission.

(11) "Ecosystem" means a system of living organisms and their environment, each influencing the existence of the other and both necessary for the maintenance of life.

(12) "Endangered species" means any species or subspecies of native wildlife whose prospects for survival or recruitment within this state are in jeopardy as determined by the commission.

(13) "Executive director" means the executive director of the department of natural resources.

(13.5) "Exotic aquatic species" means those species, subspecies, and hybrids of fish, mollusks, crustaceans, aquatic reptiles, and aquatic amphibians not originating naturally, either presently or historically, in Colorado and not currently found in the drainage in question, except those which have been classified as native wildlife by the commission.

(14) "Export" means to transport any wildlife, or part of wildlife, out of this state.

(15) "Falconry" means the sport of hunting or taking quarry with a trained raptor.

(16) "Fishing" means any effort made to take any fish, amphibian, crustacean, or mollusk.

(17) Repealed.

(18) "Game amphibian" means those species or subspecies of the class Amphibia classified as game amphibians by the commission.

(19) "Game crustacean" means those species or subspecies of the class Crustacea classified as game crustaceans by the commission.

(20) "Game fish" means all species of fish which currently exist or may be introduced or transplanted into this state for sport or profit and which are classified as game fish by the commission.

(21) "Game management unit" means a geographic area designated by the commission for the management of wildlife.

(22) "Game mollusk" means those species or subspecies of the phylum Mollusca classified as game mollusks by the commission.

(23) "Game wildlife" means those wildlife species which may be lawfully hunted or taken for food, sport, or profit and which are classified as game wildlife by the commission.

(24) "Harass" means to unlawfully endanger, worry, impede, annoy, pursue, disturb, molest, rally, concentrate, harry, chase, drive, herd, or torment wildlife.

(25) "Hours" means the designated period of the day or night when wildlife may be hunted or taken lawfully.

(25.5) "Hunt" means to pursue, attract, stalk, lie in wait for, or attempt to shoot, wound, kill, trap, capture, collect, or take wildlife. "Hunt" does not include stalking, attracting, searching, or lying in wait for wildlife by an unarmed person solely for the purpose of watching or taking photographs of wildlife.

(26) "Import" means to bring or introduce into or to attempt to bring or introduce into this state any native or nonnative or exotic wildlife.

(27) "License", with regard to activities governed by articles 1 to 6 of this title 33, means a permit, stamp, card, certificate, tag, seal, preference point, or other document provided for by statute or commission rule and issued or required by the division authorizing the hunting, fishing, trapping, taking, transportation, or possession of wildlife or other activity for which express authorization is required by articles 1 to 6 of this title 33.

(27.5) [Editor's note: For the applicability of this subsection (27.5) on or after January 1, 2025, see the editor's note following this section.] "Low-income senior" refers to an individual sixty-four years of age or older who shows proof of such fact to the division or license agent and who meets the income eligibility requirements established by the commission by rule.

(28) "Motor vehicle" means a self-propelled vehicle, or a vehicle drawn by a self-propelled vehicle, by which persons or property may be moved, carried, or transported from one place to another by land or air.

(28.3) "Native plant" means a plant species that is indigenous to the state of Colorado.

(28.5) "Native wildlife" means those species and subspecies of wildlife which have originated naturally, either presently or historically, in Colorado; those which have been introduced into the wild in Colorado by the division; and those which have been classified as native wildlife by the commission.

(29) "Nongame wildlife" means all native species and subspecies of wildlife which are not classified as game wildlife by rule or regulation of the commission.

(29.5) "Nonnative wildlife" or "exotic wildlife" means those species, subspecies, and hybrids of wildlife not originating naturally, either presently or historically, in Colorado, except those which have been introduced into the wild in Colorado by the division or classified as native wildlife by the commission.

(30) "Nonresident" means any person who is not a resident of this state.

(31) "Optimum carrying capacity" means that point at which a given habitat can support healthy populations of wildlife species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue that function.

(32) "Peace officer" means a sheriff, undersheriff, deputy sheriff, police officer, Colorado state patrol officer, or town marshal; a district attorney, assistant district attorney, deputy district attorney, or special deputy district attorney; an authorized investigator of a district attorney; an agent of the Colorado bureau of investigation; a Colorado wildlife officer or special wildlife officer; or a parks and recreation officer.

(33) "Person" means any individual, association, partnership, or public or private corporation, any municipal corporation, county, city, city and county, or other political subdivision of the state, or any other public or private organization of any character.

(34) "Possession" means either actual or constructive possession of or any control over the object referred to.

(35) "Possession limit" means the maximum amount, expressed in numbers, of wildlife which may be lawfully possessed by any one person at any particular time.

(36) "Public road" means the traveled portion and the shoulders on each side of any road maintained for public travel by a county, city, or city and county, the state, or the United States government and includes all structures within the limits of the right-of-way of any such road.

(37) "Raptor" means all birds that are members of the order of Falconiformes or Strigiformes and, specifically, but not by way of limitation, means falcons, hawks, owls, and eagles or such other birds classified as raptors by the commission.

(37.5) "Rare plants" means native plants that are at risk of extinction or elimination across the entirety of their distribution due to restricted range, few populations or occurrences, steep declines, or severe threats.

(38) (a) "Resident" means any person who has lived in this state for six consecutive months or more immediately preceding the date of application for or purchase of any license required under the provisions of articles 1 to 6 of this title or rules or regulations of the commission.

(b) The burden of establishing residence shall be on the person claiming such status at the time of application for a license. No person is entitled to claim multiple states of residence except as provided in paragraphs (c) and (d) of this subsection (38). The following evidence or any other reliable evidence may be used in establishing, but is not necessarily determinative of, residence:

(I) The residence of a person is the principal or primary home or place of abode of a person. A principal or primary home or place of abode is that home or place in which a person's habitation is fixed and to which the person, whenever absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of such absence. A residence is a permanent building or part of a building and may include a house, condominium, apartment, room in a house, or mobile home. No rental property, vacant lot, vacant house or cabin, or premises used solely for business shall be considered a residence.

(II) In determining the principal or primary place of abode, the following circumstances relating to the person may be taken into account: Business pursuits, place of employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse, and children, if any, leaseholds, situs of personal and real property, existence of any other residences outside of Colorado and the amount of time spent at each such residence, and any motor vehicle or vessel registration.

(II.3) The residence address given for purposes of purchasing or obtaining licenses issued under this title shall be the same as the address given for Colorado state income tax purposes.

(II.6) A person shall not be considered to have gained resident status while retaining a domicile outside this state.

(III) In determining whether the principal or primary place of abode is in Colorado, the following documents may be taken into account: A current driver's license with address, recent property tax receipts, copies of recent resident income tax returns, current voter registration cards, current motor vehicle or vessel registrations, and other public records evidencing place of abode or employment.

(c) A person who is a resident of this state does not terminate residency upon entering the armed services of the United States. A member of the armed services on active duty who resided in Colorado at the time the person entered military service and the person's dependents are presumed to retain their status as residents of Colorado throughout the member's active duty in the service, regardless of where stationed or for how long or of the factors listed in paragraph (e) of this subsection (38), unless the member changes his or her home of record to some state other than Colorado or fails to comply with the requirements established by article 22 of title 39, C.R.S., and rules promulgated by the department of revenue concerning the filing of a Colorado income tax return.

(d) For the purposes of this subsection (38), the following shall also be deemed residents of this state:

(I) Members of the armed services of the United States or any nation allied with the United States who are on active duty in this state under permanent orders and their dependents;

(II) Personnel in the diplomatic service of any nation recognized by the United States who are assigned to duty in this state and their dependents;

(III) Full-time students who are enrolled in and have been attending any accredited trade school, college, or university in this state for at least six months immediately prior to the date of application for any license. For the purposes of this subparagraph (III), the spouse and dependent children of any such student shall also be considered residents. The temporary absence of such student or the student's spouse or dependent children from this state while the student is still enrolled at any such trade school, college, or university shall not be deemed to terminate their residency. A student shall be deemed "full-time" if considered full-time under the rules or policy of the educational institution he or she is attending.

(IV) Colorado residents who attend school full-time out of state and pay nonresident tuition unless exempted from such tuition payments by the trade school, college, or university.

(d.5) The residency status of children under eighteen years of age is presumed to be that of the parent with whom the child resides the majority of the time pursuant to court order or legal guardian.

(e) Except as provided in paragraph (c), (d), or (d.5) of this subsection (38), a person is deemed, for the purposes of this title, to have terminated his or her Colorado residence if the person applies for, purchases, or accepts a resident hunting, fishing, or trapping license issued by another state or foreign country; registers to vote in another state or foreign country; or accepts a driver's license that shows an address other than in Colorado.

(f) If a person moves to any other state or foreign country with the intention of making it the person's permanent residence, the person shall be considered to have lost his or her residence in Colorado.

(39) "Season" means the period of time during which wildlife may be legally hunted or taken.

(40) "Sell" includes bartering, exchanging, trading, or giving or offering a gift and each such transaction made by any person whether as principal proprietor, agent, servant, or employee with or without remuneration.

(41) "Small game" means: Game birds, including grouse, ptarmigan, pheasant, quail, partridge, wild turkey, wild ducks, wild geese, sora and Virginia rails, coot, sandhill cranes, snipe, mergansers, band-tailed pigeons, doves, and crow; game mammals, including cottontail rabbit, snowshoe hare, fox squirrel, pine squirrel, Abert's squirrel, jackrabbits, marmot, and prairie dogs; and all species of small mammals and birds that may be introduced or transplanted into this state for hunting or are classified as small game by the commission.

(42) "State wildlife area" means all lands and waters held by the division that are designated by the commission for the benefit of wildlife populations or for wildlife-related recreation.

(43) "Take" means to kill or otherwise acquire possession of wildlife; except that the term does not include the accidental wounding or killing of wildlife by a motor vehicle, vessel, or train.

(44) "Threatened species" means any species or subspecies of wildlife which, as determined by the commission, is not in immediate jeopardy of extinction but is vulnerable because it exists in such small numbers or is so extremely restricted throughout all or a significant portion of its range that it may become endangered.

(45) "Transfer" means to pass, deliver, convey, receive, or hand over any license issued under articles 1 to 6 of this title from one person to another or to intentionally allow such a license to come into the possession of a person other than the person for whom it was originally procured.

(46) "Transport" means to ship, carry, convey, or transfer from one place to another and includes an offer to transport and the receipt or possession for transportation.

(47) "Trap" means any mechanical device, snare, deadfall, pit, or other device used for catching wildlife.

(48) "Trapping" means taking or attempting to take wildlife by the use of a trap.

(49) "Vessel" means every description of watercraft used or capable of being used as a means of transportation of persons or property on water.

(50) "Waters of the state" means any natural streams, reservoirs, and lakes within the territorial limits of the state of Colorado.

(51) "Wildlife" means wild vertebrates, mollusks, and crustaceans, whether alive or dead, including any part, product, egg, or offspring thereof, that exist as a species in a natural wild state in their place of origin, presently or historically, except those species determined to be domestic animals by rule or regulation by the commission and the state agricultural commission. Such determination within this statute shall not affect other statutes or court decisions determining injury to persons or damage to property which depend on the classification of animals by such statute or court decision as wild or domestic animals.

(52) "Wildlife sanctuary" means a place of refuge where a nonprofit entity, as defined in section 7-90-102 (40), C.R.S., provides care for abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced wildlife for their lifetime and, with respect to any wildlife owned by such entity, does not:

(a) Use the animal for any type of entertainment;

(b) Sell, trade, or barter the animal or the animal's body parts, except as authorized by rule promulgated by the commission; or

(c) Breed the animal.
C.R.S. § 33-2-104.6 — CO Code / Title 33 / Article 2 / Section 33-2-104.6
33-2-104.6. Investigations and surveys of invertebrates - appropriation - repeal
Status: repealed

33-2-104.6. Investigations and surveys of invertebrates - appropriation - repeal. (1) When the division determines appropriate, the division shall conduct investigations and surveys of invertebrates to obtain information about population, distribution, habitat needs, limiting factors, and other biological and ecological data in order to determine appropriate conservation and management measures that ensure the continued ability of invertebrates to perpetuate themselves.

(2) The division may undertake voluntary programs designed to conserve, protect, and perpetuate invertebrates.

(3) (a) Beginning in January 2026, and in January every year thereafter, the department shall include, as part of its presentation during its "SMART Act" hearing required by section 2-7-203, information concerning the investigations conducted in accordance with subsection (1) of this section.

(b) This subsection (3) is repealed, effective June 30, 2029.

(4) The general assembly shall appropriate sufficient money to implement this section from:

(a) The general fund; or

(b) The wildlife cash fund created in section 33-1-112; except that money from the sale of hunting and fishing licenses or from associated federal grants is not available for appropriation to implement this section.
C.R.S. § 33-10-108 — CO Code / Title 33 / Article 10 / Section 33-10-108
33-10-108. Duties of the division of parks and wildlife - gifts, grants, or donations - def
Status: in_force

33-10-108. Duties of the division of parks and wildlife - gifts, grants, or donations - definitions. (1) The division, unless otherwise provided by law, has the following duties:

(a) To enter into contracts and agreements with the United States or any appropriate agency thereof for purposes authorized under the federal "Land and Water Conservation Fund Act of 1965", as amended, and to keep financial and other records relating thereto;

(a.5) To enter into contracts and agreements with private organizations for purposes authorized under section 33-10-108.5 and to keep financial and other records relating thereto;

(b) To furnish such reports and information as may be reasonably necessary to enable appropriate officials and agencies of the United States to perform their duties under the federal "Land and Water Conservation Fund Act of 1965", as amended;

(c) To prepare, maintain, and keep up to date a comprehensive plan for the development of the outdoor recreation resources of this state;

(d) To receive and disburse federal moneys to carry out the purposes of a comprehensive statewide outdoor recreation plan, but, of such allocation, not more than seventy-five percent, exclusive of administrative costs, shall be retained for development of the state-operated facilities by the division. In the event that requests on behalf of any county, city, or other political subdivision do not fully utilize the federal aid funds available, the state may use such funds.

(e) To undertake projects for the development of the state resources for outdoor recreation, but areas acquired or developed pursuant to any program participated in by this state under the authority of this section or section 33-10-114 shall be publicly maintained and operated for outdoor recreational purposes by the division;

(f) To enter into and administer agreements with the United States, or any appropriate agency thereof, for the planning, acquisition, and development of projects involving participating federal aid funds on behalf of any county, city, or other political subdivision if such county, city, or other political subdivision gives necessary assurances to the division that it has available sufficient funds to meet its share of the cost of the project and that the acquired or developed areas will be operated and maintained in perpetuity at its expense for public outdoor recreation use. Funds distributed to a city, county, or any other political subdivision pursuant to this section and not utilized shall, pursuant to rules adopted by the commission, revert to the division for its use. Any administrative costs assessed by the division to any county, city, or other political subdivision for local projects shall be for actual administrative costs incurred by the division, not to exceed five percent of federal aid funds distributed to such political subdivision.

(g) To provide technical assistance and information to counties, cities, or other political subdivisions of the state for local planning, financing, construction, operation, and maintenance of recreational trails, including trails along lakes, streams, or reservoirs, in accordance with article 11 of this title;

(h) To study the availability of areas selected by the commission pursuant to section 33-10-106 (1)(h) for the establishment of trails under article 11 of this title and to recommend trails to be included in the Colorado greenway trails system.

(2) Pursuant to a contract or agreement with an organization authorized by section 33-10-108.5, the division may provide personnel services to help the organization carry out its interpretive or educational program and provide space at or within any state park, natural area, or facility, as defined in said section, for interpretive or educational materials provided by the organization.

(3) (a) Pursuant to a contract, intergovernmental agreement, or memorandum of understanding, the division may allow fire mitigation personnel and accompanying equipment and material under the control or supervision of a fire department to enter state parks, state recreation areas, and natural areas for the purpose of mitigating forest land or wildland fires in or around such parks, recreation areas, and natural areas. Permissible activities to be undertaken by a fire department under this paragraph (a) include, without limitation, prescribed burning as a component of wildfire mitigation or forest or wildland management and exercises to promote the training of firefighting personnel.

(b) As used in this subsection (3):

(I) "Fire department" shall have the same meaning as set forth in section 29-20-105.5 (2)(a), C.R.S.

(II) "Natural area" shall have the same meaning as set forth in section 33-33-103 (8).

(4) The division is authorized to enter into cooperative agreements with other land management agencies for the purpose of implementing the keep Colorado wild pass offered pursuant to section 33-12-108 to provide access to participating federal and other public lands and for other purposes set forth in this article 10 and articles 10.5 to 15 and article 33 of this title 33.

(5) The division shall develop a program to seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes set forth in this article 10 and articles 10.5 to 15 and article 33 of this title 33.
C.R.S. § 33-45-101 — CO Code / Title 33 / Article 45 / Section 33-45-101
33-45-101. Short title
Status: in_force

33-45-101. Short title. The short title of this article 45 is the "Powerline Trails Act".
C.R.S. § 33-32-109 — CO Code / Title 33 / Article 32 / Section 33-32-109
33-32-109. Denial, suspension, or revocation of license - disciplinary actions
Status: in_force

33-32-109. Denial, suspension, or revocation of license - disciplinary actions. (1) [Editor's note: For the applicability of this introductory portion to subsection (1) on or after January 1, 2025, see the editor's note following this section.] The commission, in accordance with subsection (3) of this section, may deny, suspend, or revoke a river outfitter license, place a licensed river outfitter on probation, or issue a letter of admonition to a licensed river outfitter if the applicant or license holder:

(a) Violates section 33-32-105 or 33-32-106 or uses fraud, misrepresentation, or deceit in applying for or attempting to apply for licensure;

(b) Unlawfully acts as a river outfitter if such violation results in a conviction;

(c) Advertises as a river outfitter in this state without first obtaining a river outfitter license;

(d) [Editor's note: For the applicability of this subsection (1)(d) on or after January 1, 2025, see the editor's note following this section.] Violates any provision of law regulating the practice of river outfitting in another jurisdiction if such violation resulted in disciplinary action against the applicant or license holder. Evidence of such disciplinary action shall be considered prima facie evidence for the possible denial, suspension, or revocation of a license or other disciplinary action in this state if the violation resulting in the disciplinary action in such other jurisdiction would be grounds for disciplinary action in this state.

(e) Violates section 18-4-503 or 18-4-504, C.R.S., resulting in two or more second or third degree criminal trespass convictions within any three- to five-year period while acting as a river outfitter or guide; except that the commission shall be governed by section 24-5-101, C.R.S., when considering any such conviction;

(f) Violates section 33-32-105.5 (1) by employing any person as a guide who fails to meet the requirements of such section; or

(g) Violates any order of the division or commission or any other provision of this article or any rules promulgated under this article.

(2) A plea of nolo contendere or a deferred prosecution shall be considered a violation for the purposes of this section.

(3) [Editor's note: For the applicability of this subsection (3) on or after January 1, 2025, see the editor's note following this section.] (a) (I) Any proceeding to deny, suspend, or revoke a license granted under this article 32 or to place a licensee on probation shall be conducted pursuant to this subsection (3) and subsection (4) of this section. Such proceeding may be conducted by a hearing officer designated by the commission pursuant to this subsection (3).

(II) The commission, when bringing an action against a license holder or an applicant pursuant to subsection (1) of this section, or a hearing officer who has been delegated authority by the commission, shall provide the license holder or applicant notice of the action. Such notice must:

(A) Be sent by certified mail, with a return receipt requested;

(B) Be sent to the last-known address of the license holder or applicant;

(C) State the basis for the action under subsection (1) of this section; and

(D) Include the date and location of the hearing.

(III) A license holder or an applicant who receives a notice from the commission pursuant to subsection (3)(a)(II) of this section shall be given the opportunity to appear and dispute the commission's allegation and demonstrate at the hearing why the license holder's license should not be suspended or revoked, why the license holder should not be placed on probation or issued a letter of admonition, or why the applicant should not be denied a license.

(b) (I) Any hearing conducted pursuant to this subsection (3) shall be conducted by a hearing officer on behalf of the commission. The director shall appoint the hearing officer, who may be an employee of the division.

(II) Any hearing conducted pursuant to this section shall be held in the regional or area office of the division nearest to the last-known residence of the license holder or applicant or, in the case of a nonresident license holder or applicant, in such other location as may be determined by the division.

(c) In conducting a hearing pursuant to this subsection (3), the hearing officer may administer oaths and affirmations, issue subpoenas for the attendance of witnesses or the production of documents, and apply to a district court with proper jurisdiction for the enforcement of those subpoenas. The hearing officer is not subject to part 10 of article 30 of title 24.

(d) The hearing officer's determination in the hearing shall be sent to the license holder or applicant by certified mail, with a return receipt requested, to the license holder's or applicant's last-known address within thirty days after the conclusion of the hearing.

(e) A license holder or an applicant may appeal the hearing officer's determination to the commission by filing a notice of appeal with the commission within thirty-five days after notice of the hearing officer's determination is sent in accordance with subsection (3)(d) of this section.

(4) [Editor's note: For the applicability of this subsection (4) on or after January 1, 2025, see the editor's note following this section.] (a) The commission may deny an application for a river outfitter license or a renewal of a river outfitter license if the license holder or applicant:

(I) Does not meet the requirements specified in section 33-32-105 or 33-32-106; or

(II) Commits an act described in subsection (1) of this section.

(b) If the commission denies an application for a river outfitter license or an application for a renewal of a river outfitter license, the license holder or applicant may request a hearing in accordance with subsection (3) of this section within sixty days after the date that the application was denied by the commission.
C.R.S. § 33-41-104 — CO Code / Title 33 / Article 41 / Section 33-41-104
33-41-104. When liability is not limited - warning signage - trespassers
Status: in_force

33-41-104. When liability is not limited - warning signage - trespassers. (1) Nothing in this article limits in any way any liability which would otherwise exist:

(a) For willful or malicious failure to guard or warn against a known dangerous condition, use, structure, or activity likely to cause harm;

(b) For injury suffered by any person in any case where the owner of land charges the person who enters or goes on the land for the recreational use thereof; except that, in case of land leased to a public entity or in which a public entity has been granted an easement or other rights to use land for recreational purposes any consideration received by the owner for such lease, easement, or other right shall not be deemed a charge within the meaning of this article nor shall any consideration received by an owner from any federal governmental agency for the purpose of admitting any person constitute such a charge;

(c) For maintaining an attractive nuisance; except that, if the property used for public recreational purposes contains mining operations that were abandoned or left in an inadequate reclamation status as provided in section 33-41-103 (2)(e)(II) or was constructed or is used for or in connection with the diversion, storage, conveyance, or use of water, the property and the water or abandoned mining operations within such property shall not constitute an attractive nuisance;

(d) For injury received on land incidental to the use of land on which a commercial or business enterprise of any description is being carried on; except that in the case of land leased to a public entity for recreational purposes or in which a public entity has been granted an easement or other rights to use land for recreational purposes, such land shall not be considered to be land upon which a business or commercial enterprise is being carried on.

(2) As used in subsection (1)(a) of this section, in the event that an individual who lawfully enters land at a primary access point is injured or killed on the land by a known dangerous condition, use, structure, or activity that is likely to cause harm, the owner does not commit a willful or malicious failure to guard or warn against the known dangerous condition, use, structure, or activity likely to cause harm if:

(a) Prior to the injury or death, the owner posts a sign at the primary access point where the individual entered the land, which sign:

(I) Includes the following text:

WARNING!

YOU ARE ENTERING THIS LAND FOR RECREATIONAL PURPOSES. IF YOU LEAVE THE DESIGNATED TRAIL, ROUTE, AREA, OR ROADWAY, YOU WILL BE DEEMED TRESPASSING. THERE ARE INHERENT DANGERS AND RISKS ASSOCIATED WITH USING THIS LAND THAT MAY CAUSE SERIOUS INJURY OR DEATH, INCLUDING CHANGING WEATHER CONDITIONS; OPEN AND OBVIOUS VARIATIONS IN STEEPNESS, SURFACE CONDITIONS, AND CONSISTENCY OF TERRAIN, SUCH AS FOREST GROWTH, ROCKS, STUMPS, WATERWAYS, STREAMBEDS, CLIFFS, EXTREME TERRAIN, AND TREES; WILDLIFE; AND MINING OR AGRICULTURAL ACTIVITIES, STRUCTURES, REMNANTS, EQUIPMENT, OR OPERATIONS.

(II) Is at least:

(A) Eight inches in width and ten inches in length; or

(B) Eight inches in length and ten inches in width; and

(III) Is posted in a location and manner that makes the sign visible to an individual at the primary access point;

(b) The owner maintains photographic or other evidence of each such sign; and

(c) The dangerous condition, use, structure, or activity that caused the injury or death is described by the sign.

(3) Any known dangerous condition, use, structure, or activity likely to cause harm that is not described by the sign is not covered by subsection (2) of this section and remains subject to subsection (1)(a) of this section.

(4) An individual who accesses land for recreational purposes shall stay on the designated recreational trail, route, area, or roadway unless the owner expressly allows otherwise. An individual who leaves a designated recreational trail, route, area, or roadway is deemed to be trespassing.
C.R.S. § 33-60-103 — CO Code / Title 33 / Article 60 / Section 33-60-103
33-60-103. Distribution of net lottery proceeds - fourth quarter of fiscal year 1992-93 thr
Status: repealed

33-60-103. Distribution of net lottery proceeds - fourth quarter of fiscal year 1992-93 through fourth quarter of fiscal year 1997-98 - insufficiency - loan - repayment from net lottery proceeds. (1) Beginning with the proceeds from the fourth quarter of fiscal year 1992-93 through the fourth quarter of fiscal year 1997-98, the state treasurer shall make monthly distributions of net lottery proceeds as follows:

(a) and (a.5) Repealed.

(b) (I) No later than September 1, 1993, the state treasurer shall pay the sum of six million dollars out of net lottery proceeds to the city and county of Denver as the final payment under the Colorado convention center contract between the state and the city and county of Denver in the original amount of $36,000,000.

(II) In the event the trust fund board submits a resolution approved by a majority of the members of such board to the state treasurer authorizing that the payment specified in subparagraph (I) of this paragraph (b) be made before September 1, 1993, the state treasurer shall make the payment on that date. Copies of any such resolution shall be submitted to the general assembly and the city and county of Denver.

(c) To the debt service repayment account in the capital construction fund created pursuant to the provisions of section 24-75-302 (3), in an amount sufficient to defray all payments of principal and interest due on or before the date of the distribution for the payment of the following outstanding financial obligations of the state:

(I) 1992 master financed purchase of an asset agreement in the original principal amount of $108,310,000, less the principal amount of $5,700,000 or the appraised value, whichever is greater, for the Kipling facility building, which shall not be included. The 1992 master financed purchase of an asset agreement represents the refunding of the following certificates of participation:

(A) 1979 certificates of participation for the following projects: Wheat Ridge, Colorado project (issue A) in the original amount of $6,895,000; Pueblo, Colorado project (issue B) in the original amount of $5,320,000; and Grand Junction, Colorado project (issue C) in the original amount of $4,735,000;

(B) 1986 master financed purchase of an asset agreement in the original amount of $36,495,000;

(C) 1988 master financed purchase of an asset agreement in the original amount of $63,025,000;

(D) 1989 master financed purchase of an asset agreement in the original amount of $66,894,861.85; except that such refunding represents only that portion of the certificates which mature on and after November 1, 1999;

(II) 1990 master financed purchase of an asset agreement in the original amount of $28,635,000; and

(III) 1989 master financed purchase of an asset agreement in the original amount of $66,894,861.85, but only to the extent of payment for debt service from and including September 1, 1993, to and including November 30, 1998.

(2) (a) Pursuant to article XXVII of the state constitution, payments on the obligations set forth in subsection (1) of this section shall be made from the lottery fund created in section 44-40-111 pursuant to the following schedule of principal and interest payments:

1989 1989 1989 1990 1990 1992

DOT

PAYMENT CONVENTION PRISON AURARIA HIGHWAY PRISON AURARIA REFUNDING

DATE CENTER II CLASSROOM COMPUTERS III BLEACHERS ISSUE TOTAL

09/01/93 6,000,000.00* 6,000.000.00

11/01/93 3,429,265.68 1,792,815.72 53,06 6.10 2,389,645.00 62,202.50 9,416,936.88 17,143,931 .88

05/01/94 3,493,486.00 379,921.54 1,339,0 1 9.96 2,375,622.50 60,470.00 3,526,731.88 11,175,251 .88

11/01/94 2,364,849.69 1,783,805.06 22,68 5.25 2,224,462.50 58,710.00 12,695,963.13 19,150,47 5.63

05/01/95 2,382,696.55 275,358.10 1,389,8 2 2.85 2,231,342.50 61,950.00 8,577,041.25 14,918,211 .25

11/01/95 1,934,687.89 1,763,069.61 1,590,442.50 12,883,231.25 18,171,431.25

05/01/96 1,960,261.79 144,965.71 1,638,555.00 8,386,076.25 12,129,858.75

11/01/96 1,704,875.79 1,746,182.21 2,763,295.00 17,791,696.25 24,006,049.25

05/01/97 1,452,198.40 297,801.60 2,784,590.00 8,002,106.25 12,536,696.25

11/01/97 4,393,873.38 2,021,126.62 1,026,342.50 8,607,875.00 16,049,217.50

05/01/98 4,298,134.18 416,865.82 1,039,207.50 7,945,356.25 13,699,563.75

11/01/98 1,700,000.00 2,465,307.50 6,820,231.25 10,985,538.75

TOTAL 6,000,000.00 27,414,329.35 12,321,911.99 2,804,594.16 22,528,812.50 243,332.50 104,653,245.64 175,966,226.14

* Payment may be made prior to September 1, 1993, if authorized by the trust fund pursuant to section 33-60-103 (1)(b)(II).

(b) All principal and interest payment amounts set forth in paragraph (a) of this subsection (2) are subject to bank charges, arbitrage calculation, insurance premiums, and other miscellaneous charges which were not calculable at the time principal and interest payment amounts were determined and are determined and payable in the year in which any given payment is due. Such charges are a part of each payment due pursuant to the certificates of participation enumerated in this section.

(3) Subject to the provisions of subsection (4) of this section, remaining net lottery proceeds, if any, shall be deposited no less frequently than quarterly in trust for the trust fund board. Deposits in trust for the trust fund board, or a portion thereof, may be deferred only to the extent that payments on certificates of participation pursuant to paragraph (c) of subsection (1) of this section are due on or before the date of distribution or balances due on loans authorized pursuant to subsection (4) of this section are outstanding on the date of distribution.

(4) Pursuant to amendment XXVII of the state constitution, the sum of all distributions of net lottery proceeds made to the capital construction fund from the fourth quarter of fiscal year 1992-93 through the fourth quarter of fiscal year 1997-98 shall include payment in full of all debt service due from and including September 1, 1993, to and including November 30, 1998, on all obligations set forth in section 3 (1)(c) of article XXVII of the state constitution. In the event net lottery proceeds are insufficient to defray payments of principal and interest on the obligations according to the schedule set forth in subsection (2) of this section, the state treasurer shall transfer sufficient funds in an amount not to exceed the amount of such insufficiency to the debt service repayment account in the capital construction fund created by section 24-75-302 (3), C.R.S., for the purpose of defraying such payments. Such transfer shall be in the form of a loan from moneys in the general fund not immediately required to be disbursed and shall bear interest at the earnings rate calculated monthly by the state treasurer. In the event any such loan is required to be made, succeeding distributions of net lottery proceeds shall be made in accordance with subsections (1) and (2) of this section. Thereafter, net lottery proceeds in an amount not to exceed the outstanding amount of the loan plus interest accrued shall be transferred to the debt service repayment account in the capital construction fund created by section 24-75-302 (3), C.R.S., for the purpose of repaying the general fund for such loan. No distribution shall be made pursuant to subsection (3) of this section until the principal and interest on such loan is repaid in full.
C.R.S. § 33-44-107 — CO Code / Title 33 / Article 44 / Section 33-44-107
33-44-107. Duties of ski area operators - signs and notices required for skiers' informatio
Status: in_force

33-44-107. Duties of ski area operators - signs and notices required for skiers' information. (1) Each ski area operator shall maintain a sign and marking system as set forth in this section in addition to that required by section 33-44-106. All signs required by this section shall be maintained so as to be readable and recognizable under conditions of ordinary visibility.

(2) A sign shall be placed in such a position as to be recognizable as a sign to skiers proceeding to the uphill loading point of each base area lift depicting and explaining signs and symbols which the skier may encounter at the ski area as follows:

(a) The ski area's least difficult trails and slopes, designated by a green circle and the word "easiest";

(b) The ski area's most difficult trails and slopes, designated by a black diamond and the words "most difficult";

(c) The ski area's trails and slopes which have a degree of difficulty that falls between the green circle and the black diamond designation, designated by a blue square and the words "more difficult";

(d) The ski area's extreme terrain shall be signed at the commonly used access designated with two black diamonds containing the letters "E" in one and "X" in the other in white and the words "extreme terrain". The ski area's specified freestyle terrain areas shall be designated with an orange oval.

(e) Closed trails or slopes, designated by an octagonal-shaped sign with a red border around a white interior containing a black figure in the shape of a skier with a black band running diagonally across the sign from the upper right-hand side to the lower left-hand side and with the word "Closed" printed beneath the emblem.

(3) If applicable, a sign shall be placed at or near the loading point of each passenger tramway, as follows:

"WARNING: This lift services (most difficult) or (most difficult and more difficult) or (more difficult) slopes only."

(4) If a particular trail or slope or portion of a trail or slope is closed to the public by a ski area operator, such operator shall place a sign notifying the public of that fact at each identified entrance of each portion of the trail or slope involved. Alternatively, such a trail or slope or portion thereof may be closed with ropes or fences.

(5) The ski area operator shall place a sign at or near the beginning of each trail or slope, which sign shall contain the appropriate symbol of the relative degree of difficulty of that particular trail or slope as set forth by subsection (2) of this section. This requirement shall not apply to a slope or trail designated "easiest" which to a skier is substantially visible in its entirety under conditions of ordinary visibility prior to his beginning to ski the same.

(6) The ski area operator shall mark its ski area boundaries in a fashion readily visible to skiers under conditions of ordinary visibility. Where the owner of land adjoining a ski area closes all or part of his land and so advises the ski area operator, such portions of the boundary shall be signed as required by paragraph (e) of subsection (2) of this section. This requirement shall not apply in heavily wooded areas or other nonskiable terrain.

(7) The ski area operator shall mark hydrants, water pipes, and all other man-made structures on slopes and trails which are not readily visible to skiers under conditions of ordinary visibility from a distance of at least one hundred feet and shall adequately and appropriately cover such obstructions with a shock-absorbent material that will lessen injuries. Any type of marker shall be sufficient, including but not limited to wooden poles, flags, or signs, if the marker is visible from a distance of one hundred feet and if the marker itself does not constitute a serious hazard to skiers. Variations in steepness or terrain, whether natural or as a result of slope design or snowmaking or grooming operations, including but not limited to roads and catwalks or other terrain modifications, are not man-made structures, as that term is used in this article.

(8) (a) Each ski area operator shall post and maintain signs which contain the warning notice specified in paragraph (c) of this subsection (8). Such signs shall be placed in a clearly visible location at the ski area where the lift tickets and ski school lessons are sold and in such a position to be recognizable as a sign to skiers proceeding to the uphill loading point of each base area lift. Each sign shall be no smaller than three feet by three feet. Each sign shall be white with black and red letters as specified in this paragraph (a). The words "WARNING" shall appear on the sign in red letters. The warning notice specified in paragraph (c) of this subsection (8) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height.

(b) Every ski lift ticket sold or made available for sale to skiers by any ski area operator shall contain in clearly readable print the warning notice specified in paragraph (c) of this subsection (8).

(c) The signs described in paragraph (a) of this subsection (8) and the lift tickets described in paragraph (b) of this subsection (8) shall contain the following warning notice:

WARNING

Under Colorado law, a skier assumes the risk of any injury to person or property resulting from any of the inherent dangers and risks of skiing and may not recover from any ski area operator for any injury resulting from any of the inherent dangers and risks of skiing, including: Changing weather conditions; existing and changing snow conditions; bare spots; rocks; stumps; trees; collisions with natural objects, man-made objects, or other skiers; variations in terrain; and the failure of skiers to ski within their own abilities.
C.R.S. § 33-33-102 — CO Code / Title 33 / Article 33 / Section 33-33-102
33-33-102. Legislative declaration
Status: in_force

33-33-102. Legislative declaration. The general assembly hereby finds and declares that certain lands and waters of this state representing diverse ecosystems, ecological communities, and other natural features or phenomena, which are our natural heritage, are increasingly threatened with irreversible change and are in need of special identification and protection and that it is in the public interest of present and future generations to preserve, protect, perpetuate, and enhance specific examples of these natural features and phenomena as an enduring resource. It is the intent of this article to provide a means by which these natural features and phenomena can be identified, evaluated, and protected through a statewide system of designated natural areas.
C.R.S. § 33-1-110 — CO Code / Title 33 / Article 1 / Section 33-1-110
33-1-110. Duties of the director of the division - habitat partnership council, program, c
Status: repealed

33-1-110. Duties of the director of the division - habitat partnership council, program, committee - created - duties. (1) The director is the head of the division under the direction and supervision of the commission and the executive director and has general supervisory control of and authority over all activities, functions, and employees of the division.

(2) Repealed.

(3) The director shall prepare such reports as the executive director shall require the commission or director to submit.

(4) With the approval of the commission, the director shall authorize such scientific and other studies as are necessary and shall collect, classify, and disseminate statistics, data, and other information which in his discretion will tend to accomplish the objectives of articles 1 to 6 of this title and the state policy set forth in section 33-1-101.

(5) The director shall appoint Colorado wildlife officers and may appoint special wildlife officers to serve without pay, who shall have the powers and authority designated by the director. A special wildlife officer commission shall not be issued until the applicant has submitted to the division an application setting forth his or her qualifications to act as such an officer. Such qualifications shall include a minimum of forty hours of continuing law enforcement education per calendar year. The director may revoke the special wildlife officer commission of any such person at his or her pleasure.

(6) The director and the executive director shall consult with the commission in the establishment of the division's budget and the expenditures of all moneys appropriated to the division by the general assembly.

(6.5) The director, following notification of the commission, shall authorize an expenditure necessary to pay a local governing body for expenses incurred pursuant to section 35-5.5-110 (3), C.R.S.

(6.7) The director shall certify to the state controller that commitment or payment vouchers submitted by local habitat partnership committees are consistent with distribution management plans and guidelines approved by the commission. Such certification is the only requirement necessary to authorize the state controller to disburse funds from the habitat partnership cash fund.

(7) (a) The director shall appoint a council of nine persons to act as the "habitat partnership council", referred to in this section as the "council". The council has statewide responsibility and authority.

(b) (I) The council shall consist of the following members: Two sports persons who purchase big game licenses on a regular basis in Colorado; two persons representing livestock growers in Colorado; one person from the United States department of agriculture forest service; one person from the United States department of the interior bureau of land management; one person from the Colorado state university range extension program; one person representing agricultural crop producers; and one person from the Colorado division of parks and wildlife. All persons on the council shall be residents of the state of Colorado.

(II) Members of the council who will represent livestock growers and agricultural crop producers shall be chosen by the director from persons nominated by the local habitat partnership committees, pursuant to subparagraph (VI) of paragraph (d) of subsection (8) of this section.

(III) For the initial appointments to the council, the terms of the four members representing sports persons and livestock growers shall be two years for one member of each group and four years for the other member of each group, after which all appointments shall be for four years. The term lengths for the members representing the various agencies shall be at the discretion of the respective agencies. There shall be no limit on the number of terms a member may serve.

(c) The duties of the council are:

(I) To advise local habitat partnership committees;

(II) To assist in the dissemination of information concerning the habitat partnership program;

(III) To review draft plans for compliance with program guidelines established by the commission and to recommend appropriate action by the commission;

(IV) To monitor program effectiveness and to propose to the commission changes in guidelines and land acquisition planning and review as appropriate;

(V) To advise the director whether or not payment vouchers submitted by local habitat partnership committees are consistent with distribution management plans approved by the commission;

(VI) To report to the commission and to the senate agriculture, natural resources, and energy committee and the house of representatives agriculture, livestock, and natural resources committee pursuant to section 33-1-112 (8);

(VII) To allocate an annual budget to each local habitat partnership committee and submit each committee's budget for the director's final approval; and

(VIII) To expend money as necessary in areas that are not covered by a local habitat partnership committee formed pursuant to subsection (8)(b) of this section to reduce wildlife and land management conflicts as the conflicts relate to big game ungulate species forage and fence issues, assist with private land conservation efforts, enhance wildlife migration corridors, and implement other management objectives.

(d) (Deleted by amendment, L. 96, p. 1727, § 1, effective June 3, 1996.)

(8) (a) The habitat partnership program is hereby created to assist the division in its duties as deemed appropriate by the director:

(I) By working with private land managers, public land management agencies, sports persons, and other interested parties to reduce wildlife conflicts, particularly those associated with forage and fence issues related to big game ungulate species;

(II) By assisting the division in meeting game management objectives;

(III) By assisting with private land conservation efforts; and

(IV) In enhancing wildlife migration corridors.

(b) The director may appoint a "habitat partnership committee", referred to in this subsection (8) as a "committee", in any area of the state where conflicts between wildlife and private land owners and managers engaged in the management of public and private land exist, as the conflicts relate to big game ungulate species forage and fence issues.

(c) A committee shall consist of the following members: One sports person who purchases big game licenses on a regular basis in Colorado; three persons representing livestock growers in the area of the state in which the committee is being established; one person from each of the federal agencies that has land management responsibilities in such area of the state; and one person from the Colorado division of parks and wildlife. All persons on any such committee shall be residents of the state of Colorado.

(c.5) Commencing on August 10, 2022, committee members serve for set terms as determined by the director. In setting committee members' terms, the director must provide for the staggering of committee members' terms and may allow committee members to serve an unlimited number of terms.

(d) The duties of a committee are the following:

(I) To develop big game distribution management plans to resolve rangeland forage, growing hay crop, harvested crop aftermath grazing, and fence conflicts subject to commission approval;

(II) To monitor program effectiveness and to propose to the council changes in guidelines and land acquisition planning and review as appropriate;

(III) To request for the committee, on an annual basis, funds from the council consistent with the distribution management plan developed by any such committee;

(IV) To expend funds allocated by the council or acquired from other sources as necessary to implement distribution management plans;

(V) To make an annual report of expenditures and accomplishments of the committee to the council by August 15 of each year;

(VI) To nominate a person to act as a representative of agricultural livestock growers or crop producers to the habitat partnership council for the area of the state where such committee is organized;

(VII) To reduce wildlife and land management conflicts as the conflicts relate to big game ungulate species forage and fence issues, assist with private land conservation efforts, enhance wildlife migration corridors, and achieve other management objectives.

(e) (I) A committee may procure from land owners, land managers, or other providers materials or services as are necessary for carrying out activities identified in the distribution management plans pursuant to subsection (8)(d)(IV) of this section; except that a committee shall certify that a procurement is within the scope of the activities and funding levels authorized in a distribution management plan before procuring the materials or services.

(II) For purposes of purchasing, accounting, and all procurement-related issues, the council and each committee is a separate, distinct, and independent organizational unit.

(9) The director or the director's designee shall provide consultation regarding the impacts of the following research projects on wildlife:

(a) Research projects for which the agricultural drought and climate resilience office awards money to study the use of agrivoltaics pursuant to section 35-1-114; and

(b) A feasibility study through which the Colorado water conservation board, created in section 37-60-102, studies the use of floatovoltaics pursuant to section 37-60-115 (12).
C.R.S. § 33-10.5-101 — CO Code / Title 33 / Article 10.5 / Section 33-10.5-101
33-10.5-101. Legislative declaration
Status: in_force

33-10.5-101. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that:

(a) Aquatic nuisance species have devastating economic, environmental, and social impacts on the aquatic resources and water infrastructure of the state;

(b) Recreational vessels are a significant source of the spread of aquatic nuisance species in Colorado;

(c) One of the division's highest priorities should be the prevention, containment, and eradication of aquatic nuisance species in waters of the state in which the species have been detected or are likely to be introduced; and

(d) Therefore, the purposes of enacting this article 10.5 are:

(I) To implement actions to detect, prevent, contain, control, monitor, and, whenever possible, eradicate aquatic nuisance species from the waters of the state and to protect human health, safety, and welfare from aquatic nuisance species; and

(II) To foster and encourage, to the greatest extent possible, voluntary compliance with this article 10.5.

(2) The general assembly further finds, determines, and declares that:

(a) Some of the aquatic resources and water infrastructure within the state are owned or managed by the United States bureau of reclamation, the United States Army corps of engineers, the United States forest service, or another agency of the federal government, and not by the division;

(b) A failure to detect, prevent, contain, and, when possible, eradicate aquatic nuisance species from any one of these federally managed aquatic resources or water infrastructure facilities would threaten the health and vibrancy of all aquatic resources and water infrastructure facilities within the state; and

(c) Therefore, the purposes for which this article 10.5 is enacted may be achieved only if the federal government dedicates sufficient funding and resources to the prevention, containment, and, when possible, eradication of aquatic nuisance species from the aquatic resources and water infrastructure managed by federal agencies within the state.
C.R.S. § 33-5-101 — CO Code / Title 33 / Article 5 / Section 33-5-101
33-5-101. Legislative declaration
Status: in_force

33-5-101. Legislative declaration. It is declared to be the policy of this state that its fish and wildlife resources, and particularly the fishing waters within the state, are to be protected and preserved from the actions of any state agency to the end that they be available for all time and without change in their natural existing state, except as may be necessary and appropriate after due consideration of all factors involved.
C.R.S. § 33-14.5-104 — CO Code / Title 33 / Article 14.5 / Section 33-14.5-104
33-14.5-104. Issuance of registration
Status: in_force

33-14.5-104. Issuance of registration. (1) (a) Upon the receipt of a sufficient application for registration of an off-highway vehicle, as required by section 33-14.5-102, the division shall assign a distinctive number to the vehicle and shall enter upon its records the registration of such off-highway vehicle under the distinctive number assigned to it pursuant to this section.

(b) A number assigned to an off-highway vehicle at the time of its original registration shall remain with the off-highway vehicle until such off-highway vehicle is destroyed, abandoned, or permanently removed from the state or until such registration number is changed or terminated by the division.

(2) The division shall, upon assignment of such number, issue and deliver to the owner a registration in such form as the division shall prescribe. In the event of the loss, mutilation, or destruction of any registration, the owner of the registered off-highway vehicle shall file a statement containing such facts as the division shall require for the issuance of a replacement registration, together with the fee specified in section 33-12-101.

(3) At the time of the original registration and at the time of each annual renewal thereof, the division shall issue to said registrant a validation decal indicating the distinctive number assigned to such vehicle, as provided in subsection (1) of this section, and the validity of the current registration and the expiration date thereof, which validation decal shall be affixed to the off-highway vehicle in such manner as the division may prescribe. Notwithstanding the fact that an off-highway vehicle has been assigned an identifying number, it shall not be considered as validly registered within the meaning of this article unless a validation decal and current registration have been issued.

(4) In the event that an off-highway vehicle sought to be registered or reregistered does not comply with the provisions respecting equipment established by the regulations of the division, the division may deny the issuance of a current registration.

(5) The registration number assigned to an off-highway vehicle shall be displayed on the vehicle at all times in such manner as the division may, by regulation, prescribe.

(6) Every person, while operating an off-highway vehicle in this state which is required to be registered under this article, shall have on his person or in the off-highway vehicle the registration therefor and shall, upon demand of any peace officer authorized to enforce this article, produce for inspection the registration for such off-highway vehicle.

(7) (a) Any person who violates subsection (5) of this section commits a civil infraction and, upon conviction, shall be punished by a fine of twenty-five dollars.

(b) Any person who violates subsection (6) of this section commits a civil infraction and, upon conviction, shall be punished by a fine of fifty dollars.
C.R.S. § 33-13-107 — CO Code / Title 33 / Article 13 / Section 33-13-107
33-13-107. Vessel liveries - repeal
Status: in_force

33-13-107. Vessel liveries - repeal. (1) The owner or operator of a vessel livery shall keep a record of the name and address of each person who hires any vessel that is designed or permitted to be operated as a vessel, the hull identification number of the vessel, and the departure date and time and the expected date and time of return of the vessel. Such records shall be preserved for at least thirty days after the vessel is to be returned and shall be subject to inspection by the division. Any person who violates this subsection (1) commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars.

(2) Neither the owner nor operator of a vessel livery nor such owner's or operator's agent or employee shall permit any vessel to depart from his or her premises unless such vessel is equipped and registered as required by this article 13 and rules promulgated pursuant to this article 13. Any person who violates this subsection (2) commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars.
C.R.S. § 33-6-109 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-109
33-6-109. Wildlife - illegal possession
Status: in_force

33-6-109. Wildlife - illegal possession. (1) It is unlawful for any person to hunt, take, or have in such person's possession any wildlife that is the property of this state as provided in section 33-1-101, except as permitted by articles 1 to 6 of this title or by rule or regulation of the commission.

(2) It is unlawful for any person to have in his possession in Colorado any wildlife, as defined by the state or country of origin, that was acquired, taken, or transported from such state or country in violation of the laws or regulations thereof.

(2.5) This section does not apply to the illegal possession of live native or nonnative fish or viable gametes (eggs or sperm) which is governed by section 33-6-114.5.

(3) A person who violates subsection (1) or (2) of this section is guilty of a misdemeanor and, depending upon the wildlife involved, shall be punished upon conviction by a fine or imprisonment, or both, and license suspension points or suspension or revocation of license privileges as follows:

(a) For each animal listed as endangered or threatened, a fine of not less than two thousand dollars and not more than one hundred thousand dollars, or by imprisonment for not more than one year in the county jail, or by both such fine and such imprisonment, and an assessment of twenty points. Upon conviction, the commission may suspend any or all license privileges of the person for a period of from one year to life.

(b) For each bald eagle, golden eagle, rocky mountain goat, desert bighorn sheep, American peregrine falcon, or rocky mountain bighorn sheep, a fine of not less than one thousand dollars and not more than one hundred thousand dollars, or by imprisonment for not more than one year in the county jail, or both such fine and such imprisonment, and an assessment of twenty points. Upon conviction, the commission may suspend any or all license privileges of the person for a period of one year to life. A person who possesses all or a part of a bald eagle or golden eagle shall not be in violation of this section if the possession is authorized by 50 CFR 22.

(c) For each elk, bear, moose, or mountain lion, a fine of one thousand dollars and an assessment of fifteen points.

(d) For each pronghorn, deer, or big game species as defined in the state or country of origin and not listed in paragraph (a), (b), or (c) of this subsection (3), a fine of seven hundred dollars and an assessment of fifteen points.

(e) For each violation of paragraph (c) or (d) of this subsection (3) where any combination of three or more animals are taken or possessed, a minimum fine per animal as set forth in such paragraphs, to a maximum of ten thousand dollars per animal, or imprisonment for not more than one year in the county jail, or by both such fine and such imprisonment. Upon conviction, the commission may suspend any or all license privileges of the person for a period of from one year to life.

(f) For each raptor not covered by paragraph (a) or (b) of this subsection (3) and for each wild turkey, a fine of two hundred dollars and an assessment of ten points.

(g) For all fish, mollusks, crustaceans, amphibians, or reptiles not covered by subsection (3)(a) of this section, a fine of thirty-five dollars and an assessment of five points for the first such animal and, for each additional such animal taken or possessed at the same time, an additional fine of thirty-five dollars per animal and an assessment of one point per animal.

(h) For any wildlife not covered by paragraphs (a) to (g) of this subsection (3), a fine of fifty dollars and an assessment of five points for the first such animal and, for each additional such animal taken or possessed at the same time, an additional fine of twenty-five dollars per animal and an additional assessment of five points per animal.

(3.4) (a) In addition to the criminal penalties listed in subsection (3) of this section, there may be assessed a further penalty in the following amount for each of the following big game animals illegally taken:

(I) For each bull elk with at least six points on one antler beam, ten thousand dollars;

(II) For each mule deer buck with an inside antler spread of at least twenty-two inches, ten thousand dollars;

(III) For each whitetail deer buck with an inside antler spread of at least eighteen inches, ten thousand dollars;

(IV) For each bull moose, ten thousand dollars;

(V) For each bighorn sheep with a horn length of at least one-half curl, twenty-five thousand dollars;

(VI) For each mountain goat, ten thousand dollars;

(VII) For each pronghorn antelope with a horn length of at least fourteen inches, four thousand dollars.

(b) (I) Notwithstanding the provisions of section 24-4.2-104 (1)(b)(II), C.R.S., no victims and witnesses assistance and law enforcement fund surcharge shall be levied against the additional amount of the penalty imposed under this subsection (3.4). The victims and witnesses assistance and law enforcement fund surcharge shall only be levied against the amount of the fine imposed under subsection (3) of this section.

(II) Notwithstanding the provisions of section 33-6-105, all moneys collected as additional penalties under this subsection (3.4) shall be transmitted to the state treasurer, who shall credit such moneys to the Colorado town, city, county, or city and county where the arrest for the offense was made or the citation for the offense was issued. Such additional penalties may be used to further law enforcement or wildlife related programs.

(4) It is unlawful for any person to have in his possession in Colorado any nonnative or exotic wildlife except in accordance with the rules and regulations of the commission. Any person who violates this subsection (4) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than two hundred fifty dollars nor more than one thousand dollars. In addition, such person shall be assessed ten suspension points per incident for possessing an animal on the prohibited species list and five suspension points per incident for possessing any other nonnative or exotic wildlife species.
C.R.S. § 33-3-104 — CO Code / Title 33 / Article 3 / Part 1 / Section 33-3-104
33-3-104. When state is liable - rules
Status: repealed

33-3-104. When state is liable - rules. (1) Subject to the limitations contained in sections 33-3-103 (1) and 33-3-103.5, and in part 2 of this article, the state shall be liable only for:

(a) Damages to livestock or personal property used in the production of raw agricultural products, which under this article shall be no more than five thousand dollars per head of livestock injured or killed, caused by big game; except that damages to livestock shall be limited to physical trauma resulting in injury or death;

(b) Damages to real or personal property, when such damages are caused by wildlife that is being moved or is otherwise under the direct control of division personnel at the time the damage occurs;

(c) Damage to real or personal property caused by the use of damage prevention materials if the use of such materials or equipment is under the control of any personnel who are under the direction of division personnel at the time damage occurs;

(d) Damages caused by those species of wildlife enumerated in section 33-1-102 (2) to orchards, nurseries, crops under cultivation, and harvested crops, damages to lawful fences as defined in section 35-46-101 (1), C.R.S., when such damages exceed ten percent of the value of the specific fence involved, and damages to livestock forage in excess of ten percent of historic use levels for privately owned and fenced ranch or farm units which are specifically limited to hay meadows, pasture meadows, artificially seeded rangelands, and grazing land which is deferred to seasonal uses. Damages to aftermath on alfalfa shall be paid to the full extent of such damages without regard to historic numbers of wildlife. Historic levels shall be designated by the claimant at the time of making a claim. Historic levels shall be expressed in average numbers of wildlife present on the property in question based on the twenty-year period ending January 1, 1973. If the division does not agree with the claimant on normal historic levels or any element of a damage settlement, the matter shall be submitted to arbitration within ten days of notice by either party. The arbitration panel shall consist of one arbitrator chosen by the landowner, one arbitrator chosen by the division, and one arbitrator chosen by the other two arbitrators. If the two arbitrators cannot agree within ten days on a third arbitrator, a request by either party shall be made to the district court for the judicial district of the county in which the damage is located for appointment of a third impartial arbitrator. The division and the landowner shall equally share the cost of the use of the third arbitrator. Historic levels or any element settled by arbitration may be included in an appeal to a court of competent jurisdiction, and the court shall not be bound by the finding of the arbitration panel.

(2) Repealed.

(3) The burden of proof shall be with the claimant for all claims for damages enumerated in paragraph (d) of subsection (1) of this section, pursuant to rules established by the commission pertaining to wildlife damage.

(4) If the commission has not promulgated rules relating to damage by wildlife, pursuant to sections 33-1-104 and 33-1-108, the division shall not refuse to pay a claim for wildlife damage.

(5) If for any reason a pertinent rule of the commission relating to wildlife damage is declared void or suspended, the provisions of subsection (4) of this section shall not be applicable.

(6) For the year 1979, any damage claims received by the division after June 21, 1979, shall not be denied until and unless considered under the rules promulgated by the commission relating to damage by wildlife. If such rules are not promulgated by January 1, 1980, the provisions of subsection (4) of this section shall apply.

(7) Repealed.

(8) All rules concerning damages by wildlife adopted or amended by the commission on or after July 1, 1979, are subject to section 24-4-103.

(9) Reimbursement for wildlife damages shall be reduced by the amount of claim awarded by an insurance company for the same damages.
C.R.S. § 33-11-111 — CO Code / Title 33 / Article 11 / Section 33-11-111
33-11-111. Cooperation with state agencies
Status: in_force

33-11-111. Cooperation with state agencies. The department of transportation, the state board of land commissioners, the urban drainage and flood control district, and other state agencies and political subdivisions having jurisdiction or control over or information concerning the use, abandonment, or disposition of highway or utility rights-of-way or other properties that may be suitable for the purpose of improving or expanding the state trails system shall cooperate with the division to assure, to the extent practicable, that any such properties that are suitable for trail purposes may be made available for such use.
C.R.S. § 33-4-107 — CO Code / Title 33 / Article 4 / Section 33-4-107
33-4-107. Permit to collect for scientific purposes
Status: repealed

33-4-107. Permit to collect for scientific purposes. (Repealed)
C.R.S. § 33-4-102.7 — CO Code / Title 33 / Article 4 / Section 33-4-102.7
33-4-102.7. Colorado wildlife habitat stamp - review committee - rules - study - repeal
Status: repealed

33-4-102.7. Colorado wildlife habitat stamp - review committee - rules - study - repeal. (1) The general assembly hereby finds, determines, and declares that:

(a) Protecting wildlife habitat and obtaining public access are important elements to preserving wildlife and wildlife-related recreational opportunities in Colorado;

(b) The general assembly specifically recognizes that hunting of big game species is an activity that hundreds of thousands of residents and visitors to Colorado enjoy, which contributes significantly to state and local economies; and

(c) Priorities for the expenditure of funds generated from the sale of habitat stamps shall include protecting big game winter range and migration corridors, acquiring public access to wildlife-related recreation, including fishing, hunting, and wildlife viewing, protecting habitat for species of concern, and preserving the diversity of wildlife enjoyed by Coloradans.

(1.5) A person eighteen years of age or older and under sixty-five years of age shall purchase a Colorado wildlife habitat stamp, or shall have purchased a lifetime Colorado wildlife habitat stamp, when applying for or purchasing a hunting or fishing license. No habitat stamp purchase is required prior to application for or purchase of such person's first two one-day hunting or fishing licenses, but a habitat stamp shall be purchased prior to applying for or purchasing a third one-day hunting or fishing license. No person is required to purchase more than one Colorado wildlife habitat stamp within a twelve-month period. Any person acquiring a license issued pursuant to section 33-4-104 and any person who is mobility-impaired, as defined by commission rules, is exempt from the requirement to purchase a Colorado wildlife habitat stamp.

(2) Such stamp, or an authorized facsimile of such stamp, shall be in the possession of the person while hunting or fishing.

(3) Fees for each stamp shall be as established in section 33-4-102 (1.4).

(4) (a) All moneys received pursuant to the issuance of the Colorado wildlife habitat stamp shall be used for the benefit of wildlife habitat or access to wildlife habitat, including costs associated with the operation and maintenance, such as weed control and fencing, of those lands purchased in fee simple by the division or those access easements acquired by the division under the Colorado wildlife habitat protection program. Revenues collected from the sale of the stamp are subject to annual appropriation. The Colorado wildlife habitat stamp review committee shall annually review proposed projects for expenditure of Colorado wildlife habitat stamp funds and make recommendations to the director and the commission. In consultation with the habitat stamp committee, the commission shall, in its discretion, ensure that, in the allocation of revenues under this section, sufficient priority is given to conserve and protect winter range and vital habitats, including migration corridors, for deer, elk, and other big game wildlife species; to improve public access for hunting, access for anglers to the waters of the state, and access for other wildlife-related recreation; to protect habitat for species of concern; and to preserve the diversity of wildlife enjoyed by Coloradans.

(b) Repealed.

(c) Real property interest acquisitions made by the commission pursuant to this section shall emphasize the acquisition of easements and ensure that all other avenues are pursued prior to fee simple acquisition. Conservation easements, as described in section 38-30.5-104 (2), C.R.S., and fee simple title purchases are allowed. All fee simple title purchases made with revenues collected pursuant to this section, not including purchases of water for maintenance or enhancement of aquatic habitats, such as minimum storage pools or direct flow rights purchased specifically to protect habitat, shall be primarily for the purpose of providing access to the public for wildlife-related recreation, and shall be made available to the public for hunting or fishing, subject to commission rules. The commission shall not use the power of eminent domain to obtain fee simple title or a conservation easement on real property. The commission shall comply with a seller's agreement or sections 33-1-105 and 33-1-105.5 prior to purchasing real property.

(d) No third-party conservation easement shall be obtained using proceeds from the sale of habitat stamps unless the requesting organization contributes at least fifteen percent of the purchase price of the easement or fifteen percent of the purchase price is secured using other sources of nondivision funding; however, if, in the commission's discretion, sufficient hunting or fishing access is provided, the fifteen percent contribution requirement may be waived.

(5) The Colorado wildlife habitat stamp committee is hereby created. The committee shall be composed of four sports persons; two representatives of national or regionally recognized conservation organizations whose missions are focused on nongame wildlife and whose membership is composed primarily of nongame wildlife users; two landowners actively engaged in agriculture; one citizen at large; and two division of parks and wildlife representatives as ex officio members, at least one of whom shall be a wildlife biologist. The sports persons shall be representative of the four quadrants of the state. Members shall be appointed by the governor and confirmed by the senate. Staggered appointments shall be made so that not more than two members' terms expire in any one year, and thereafter appointments shall be for terms of four years each. Members shall be limited to two consecutive four-year terms.

(6) Repealed.

(7) The commission may adopt rules concerning the Colorado wildlife habitat stamp.

(8) (a) This section is repealed, effective July 1, 2027.

(b) Prior to such repeal, the committee created in this section shall be reviewed as provided for in section 2-3-1203, C.R.S.

(9) Repealed.
C.R.S. § 33-60-101 — CO Code / Title 33 / Article 60 / Section 33-60-101
33-60-101. Legislative declaration
Status: in_force

33-60-101. Legislative declaration. (1) The general assembly hereby declares that the policies and procedures contained in this article are enacted to facilitate the orderly implementation of article XXVII of the state constitution, adopted at the 1992 general election. The general assembly further declares that the payment of debt service on all obligations due from the fourth quarter of fiscal year 1992-93 through the fourth quarter of fiscal year 1997-98 which are set forth in section 3 (1)(c) of article XXVII of the state constitution are intended to be paid in full from net lottery proceeds. Accordingly, the general assembly finds that legislation which sets forth an orderly method for ensuring that such payments are made in a timely manner is necessary and that the orderly implementation of article XXVII of the state constitution promotes the health, safety, security, and general welfare of the people of the state of Colorado.

(2) The general assembly further declares that the powers granted to the trust fund board to issue bonds and to pledge any moneys deposited or to be deposited into the trust fund for the payment of such bonds are in furtherance of and are consistent with the powers granted to the board created by article XXVII of the Colorado constitution.
C.R.S. § 33-6-209 — CO Code / Title 33 / Article 6 / Part 2 / Section 33-6-209
33-6-209. Poisons - labeling - definitions
Status: in_force

33-6-209. Poisons - labeling - definitions. (1) Neither the department of public health and environment or any other state or local agency shall impose or continue in effect a labeling requirement for poisons that differs from the requirements imposed by the United States environmental protection agency or by the "Pesticide Act", article 9 of title 35, C.R.S.

(2) For purposes of this section, "poison" means any substance or mixture of substances intended for destroying wildlife, which substance or mixture of substances is registered or required to be registered by the United States environmental protection agency or by the "Pesticide Act", article 9 of title 35, C.R.S.
C.R.S. § 33-1-126 — CO Code / Title 33 / Article 1 / Section 33-1-126
33-1-126. Prohibiting certain animals in a traveling animal act - short title - definition
Status: in_force

33-1-126. Prohibiting certain animals in a traveling animal act - short title - definitions. (1) The short title of this section is the "Traveling Animal Protection Act".

(2) As used in this section, unless the context otherwise requires:

(a) "Cause a performance" means to allow for the participation of an animal in a performance, to be responsible for a performance, to financially benefit as an owner or operator from a performance, to financially benefit as a person who owns or controls a property used for a performance, or to use any means of communication for the purpose of promoting a performance on behalf of the owner or operator of a performance or the venue for a performance.

(b) "Environmental education program" means an animal exhibition that:

(I) Is designed by a professional to impart knowledge or information for educational or conservation purposes about one or more animals' natural behavior, habitat, life cycle, or similar pedagogical information;

(II) Is conducted by an individual qualified to impart such information; and

(III) Does not include any performance of behavior by an animal that does not naturally occur for that animal in the wild state, except for industry-standard husbandry practices for veterinary purposes.

(c) "Performance" means any animal act, circus, ride, carnival, parade, race, performance, or similar undertaking in which animals are:

(I) Required to perform tricks, give rides, or participate as accompaniments for the entertainment, amusement, or benefit of an audience; or

(II) Used primarily for photographic purposes.

(d) "Rodeo" means a competition involving livestock, as defined in section 35-80-102 (9); alternative livestock, as defined in section 35-41.5-102 (1); or both.

(e) "Traveling animal act" means any performance of an animal where the animal is transported to, from, or between locations for the purpose of the performance.

(3) Except as provided in subsection (4) of this section, a person shall not cause a performance of the following animals, including hybrids of the following animals, whether wild-borne or captive-bred, in a traveling animal act:

(a) Cetartiodactyla other than bison, cattle, deer, elk, goats, reindeer, swine, and sheep;

(b) Felidae other than domestic cats;

(c) Wild canidae other than domestic dogs;

(d) Marsupialia;

(e) Nonhuman primates;

(f) Perissodactyla other than horses, donkeys, and mules;

(g) Pinnipedia;

(h) Proboscidea;

(i) Ratites;

(j) Spheniscidae; and

(k) Ursidae.

(4) This section does not prohibit the use of an animal specified in subsection (3) of this section:

(a) In an exhibition at a:

(I) Wildlife sanctuary; or

(II) Nonmobile, permanent institution, facility, zoo, or aquarium accredited by the Association of Zoos and Aquariums or the Global Federation of Animal Sanctuaries, or any successor organizations;

(b) If the animal is livestock, as defined in section 35-80-102 (9), or alternative livestock, as defined in section 35-41.5-102 (1);

(c) As part of an environmental education program if:

(I) The animal is not used more than six months in a calendar year; and

(II) The animal is not kept in a vehicle for more than twelve hours per day, when the vehicle is used to transport or house the animal while traveling to, from, or between locations for performance purposes;

(d) By a university, college, laboratory, or other research facility properly licensed or registered under the federal "Animal Welfare Act of 1970", 7 U.S.C. sec. 2131 et seq., as amended, for the purpose of conducting research;

(e) For the sole purpose of a film, as defined in section 24-48.5-114 (1), or a television production, if the use in the film or television production does not involve a live animal exhibition or performance conducted before an audience or interaction with an audience, the public, clients, or customers; or

(f) At a rodeo or county fair.

(5) A person who violates this section is guilty of an unclassified misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than two hundred fifty dollars and not more than one thousand dollars per violation.

(6) This section does not prohibit working dog trials, livestock or horse shows, or any other exhibition involving livestock.
C.R.S. § 33-61-101 — CO Code / Title 33 / Article 61 / Section 33-61-101
33-61-101. Legislative declaration
Status: in_force

33-61-101. Legislative declaration. (1) The general assembly finds that:

(a) Colorado is among the top states where oil and gas production occurs, and the state acknowledges the meaningful economic and job-creation role that the industry historically and currently has, as well as the numerous efforts taken by the industry to decrease the industry's environmental impacts and increase sustainability measures;

(b) Scientific and government agency studies, including the national climate assessment, confirm that oil and gas operations contribute to climate change and the loss of wildlife, ecosystems, and biodiversity;

(c) The state permits and regulates the development and production of oil and gas, and oil and gas development occurs in the majority of counties in the state; in regulating oil and gas development, the state incurs many direct and indirect costs associated with the long-lasting impacts caused by oil and gas operations;

(d) Scientific and government studies confirm that healthy grasslands, forests, shrublands, riparian ecosystems, and aquatic ecosystems, among others, provide critical ecosystem services to humans and wildlife species. Climate change is negatively affecting the ability of these lands and waters to provide ecosystem services. However, studies show that conservation and restoration can strengthen ecosystem resilience against these threats.

(e) The protection and restoration of more connected and resilient land is one of the most cost-effective strategies for mitigating climate change and protecting wildlife and biodiversity in the face of a changing climate;

(f) The oil and gas industry is the third largest source of greenhouse gas emissions in the state;

(g) As documented in numerous scientific studies, including the national climate assessment, emissions of greenhouse gases lead to changes in climatic patterns and increase the variability and severity of weather events. Changes in climate in turn have harmful impacts on native wildlife, habitats, and ecosystems in Colorado.

(h) The Colorado state wildlife action plan, division-led research, and other supporting literature identify numerous examples of the ways in which species are impacted by climate change. These examples include increasing temperatures and changes in precipitation and runoff, proliferation of invasive species, habitat and ecosystem degradation, more extreme heat, wildfire, drought, and storms, among many others.

(i) Additionally, the state wildlife action plan includes a vulnerability assessment of various Colorado habitat types, noting vulnerabilities to the impacts of climate change and habitat loss;

(j) The climate change assessment included in the state wildlife action plan, as well as numerous other studies, documents that a habitat's adaptive capacity to climate change can be affected by management actions;

(k) As documented in numerous studies, oil and gas production can impact wildlife and ecosystems through habitat loss and fragmentation and changes in wildlife behavior, including avoidance of large amounts of acreage around oil and gas operations due to the increased route density and vehicular traffic, human activity, and noise associated with oil and gas operations;

(l) Global and regional energy prices increase the development pressures of oil and gas within the state, generally leading to more oil and gas development when oil and gas prices are high and, in turn, greater compounding impacts from both the disturbance and destruction of habitat and increased greenhouse gas emissions correlated to higher oil and gas prices;

(m) The energy and carbon management commission's rules are intended to minimize adverse impacts to wildlife resources and ensure proper reclamation of wildlife habitats. The rules include compensatory mitigation requirements intended to mitigate oil and gas development's direct and indirect adverse impacts on wildlife and habitats. Siting of new or modified oil and gas development plan locations within a high-priority habitat requires automatic consultation with the division, the energy and carbon management commission working with applicants to avoid adverse impacts, and, if impacts cannot be avoided, imposing additional best management practices or conditions on an operator's permit to minimize impacts. Where residual adverse impacts to wildlife remain after avoidance and minimization efforts, offset measures are implemented, such as compensatory mitigation fees.

(n) Despite these compensatory mitigation requirements, oil and gas operations and emissions associated with the operations have had and can continue to have adverse climate-related and other impacts on wildlife resources in the state, and additional efforts are necessary to mitigate those impacts;

(o) The adverse impacts of oil and gas operations on wildlife challenge the division's capacity to fulfill its mission pursuant to section 33-1-101 to ensure that the state's wildlife and its habitats are protected, preserved, enhanced, and managed for future generations;

(p) It is necessary to invest in durable protections for the state's remaining high-value natural areas and wildlife to partially mitigate for lands lost to oil and gas operations and other adverse impacts of oil and gas operations on wildlife and habitats; and

(q) Investment in the following remediation services would partially mitigate the impacts of oil and gas operations:

(I) Creating new state parks and new state wildlife areas, with a primary focus on benefits to wildlife and native biodiversity;

(II) Slowing biodiversity loss and improving ecosystem resilience;

(III) Improving wildlife connectivity and migration corridors;

(IV) Acquiring and leasing lands and waters for the protection of wildlife and habitats;

(V) Restoring lands, including through improvements in grassland, forest, watershed, shrubland, riparian, and aquatic ecosystem health;

(VI) Native species conservation, rehabilitation, and reintroduction, except for the reintroduction of grizzly bears and gray wolves that negatively impact livestock;

(VII) Continued research and monitoring of threats to Colorado wildlife and ecosystems, including from climate change and oil and gas operations; and

(VIII) The provision of grants, awards, easements, or other agreements solely to assist in implementing the remediation services described in this subsection (1)(q).

(2) The general assembly further finds and declares that:

(a) To mitigate some of the adverse impacts of oil and gas operations on wildlife and habitats, it is necessary, appropriate, equitable, and in the best interest of all Coloradans to impose fees on oil and gas produced in the state;

(b) Addressing the adverse impacts of oil and gas operations on the environment requires the implementation of actions, including investment in land, wildlife, and habitat conservation and restoration to partially mitigate the impacts of oil and gas operations on habitats, wildlife, and loss of biodiversity;

(c) The fees imposed by the division pursuant to this article 61 are for the primary purpose of allowing the division to defray the costs of providing the remediation services specified in this article 61, and the fees contribute to the implementation of actions required for the funding and supervision of broad investment in land, wildlife, and habitat conservation and restoration;

(d) The fees imposed by the division are collected at rates reasonably calculated based on the impacts caused by producers and the cost of partially remediating those impacts;

(e) By providing remediation services as authorized by this section, the division provides a valuable benefit to producers by partially remediating the impacts caused by oil and gas development;

(f) Consistent with the determination of the Colorado supreme court in Colorado Union of Taxpayers Foundation v. City of Aspen, 2018 CO 36, that a charge is not a tax if the primary purpose of the charge is not to raise revenue for general governmental purposes but is instead to defray some of the costs of providing a service or regulating an activity under a comprehensive regulatory scheme, the charges imposed by the division as authorized by this article 61 are fees, not taxes, because the fees are collected from producers for the primary purpose of defraying some of the costs of mitigating the adverse impacts caused by producers in an amount reasonably related to the impacts caused by oil and gas operations and the amount expended to mitigate those impacts;

(g) Pursuant to section 33-9-105, the division constitutes an enterprise for purposes of section 20 of article X of the state constitution, and, as an enterprise that has existed since 2011, section 24-77-108 does not apply; and

(h) So long as the division qualifies as an enterprise for purposes of section 20 of article X of the state constitution, the revenue from the fees collected by the enterprise is not state fiscal year spending, as defined in section 24-77-102 (17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does not count against either the state fiscal year spending limit imposed by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b)(I)(G).
C.R.S. § 33-3-108 — CO Code / Title 33 / Article 3 / Part 1 / Section 33-3-108
33-3-108. Review by the commission
Status: in_force

33-3-108. Review by the commission. If the commission reviews a claim pursuant to the provisions of section 33-3-107, the commission may either confirm a decision of the division denying a claim or may extend to the claimant an offer of settlement. If the claimant disagrees with the commission's determination or refuses to accept the commission's offer of settlement, the claimant may file an action for damages in the district or county court of the judicial district or county in which the damage or any portion thereof is alleged to have occurred. Such action shall be filed within sixty days after the claimant receives notice of denial by the commission, which notice shall set forth the reasons for denial, or within sixty days after the claimant receives an offer of settlement from the commission. If the action is not filed within said sixty-day period, such action shall be forever barred.
C.R.S. § 33-15-109 — CO Code / Title 33 / Article 15 / Section 33-15-109
33-15-109. Damage to state property
Status: in_force

33-15-109. Damage to state property. It is unlawful for any person to damage, alter, or destroy any real or personal property or property under the control of the division. Any person who violates this section commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. In addition, the court may require the defendant to reimburse the division for damages.
C.R.S. § 33-14-111 — CO Code / Title 33 / Article 14 / Section 33-14-111
33-14-111. Snowmobile operation on right-of-way of streets, roads, or highways
Status: in_force

33-14-111. Snowmobile operation on right-of-way of streets, roads, or highways. (1) Except as provided in section 33-14-110 (2), no snowmobile shall be operated on the right-of-way of any interstate highway or freeway.

(2) (a) A snowmobile may be operated on the right-of-way of other roads, streets, and highways as far as practicable from the roadway thereof.

(b) When operating on the right-of-way of a road, street, or highway as authorized by this section during hours of darkness, a snowmobile shall be operated only in conformity with the flow of traffic on the nearest lane of the adjacent roadway.

(3) Any person who violates this section commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars.
C.R.S. § 33-4-105.5 — CO Code / Title 33 / Article 4 / Section 33-4-105.5
33-4-105.5. Landowner preference for hunting license
Status: repealed

33-4-105.5. Landowner preference for hunting license. (Repealed)
C.R.S. § 33-2-105.9 — CO Code / Title 33 / Article 2 / Section 33-2-105.9
33-2-105.9. Reintroduction of the North American wolverine - requirements - compensation to
Status: in_force

33-2-105.9. Reintroduction of the North American wolverine - requirements - compensation to owners of livestock - reports - rules - definitions - legislative declaration. (1) As used in this section, unless the context otherwise requires:

(a) "Federal act" means the federal "Endangered Species Act of 1973", 16 U.S.C. sec. 1531 et seq., as amended.

(b) "Livestock" has the meaning set forth in section 33-2-105.8 (5).

(c) "North American wolverine" means the species Gulo gulo luscus.

(2) Subject to the requirements of this section, the general assembly authorizes the division to reintroduce the North American wolverine in the state.

(3) As long as the North American wolverine remains on the list of threatened or endangered species pursuant to the federal act, the division shall not reintroduce the North American wolverine in the state until the effective date of a final rule designating the North American wolverine in Colorado as a nonessential experimental population pursuant to 16 U.S.C. sec. 1539 (j), as published in the federal register by the United States fish and wildlife service.

(4) In conducting the reintroduction of the North American wolverine in the state, the division shall:

(a) Comply with:

(I) The final rule described in subsection (3) of this section;

(II) The approach described in a North American wolverine restoration plan developed by the division; and

(III) All applicable federal laws, including, if applicable, the federal "National Environmental Policy Act of 1969", 42 U.S.C. sec. 4321 et seq., as amended; and

(b) Work cooperatively with federal land management agencies that have jurisdiction over federal public lands where North American wolverines may be released in Colorado.

(5) The division shall develop a North American wolverine restoration plan pursuant to subsection (4)(a)(II) of this section, and before the division reintroduces the North American wolverine in the state, the commission shall adopt rules providing for payment of fair compensation to owners of livestock for losses of livestock caused by the North American wolverine pursuant to the claim procedures described in sections 33-3-107 to 33-3-110.

(6) (a) Before the reintroduction of the North American wolverine in the state occurs, the department shall:

(I) Prepare a report in accordance with section 33-2-105.7 (2) and deliver the report in accordance with section 33-2-105.7 (3); and

(II) Develop a communications plan that outlines the division's planned communications for proposed releases of the North American wolverine. The communications plan must include a description of how the division will communicate with stakeholders and boards of county commissioners in general locations of proposed releases of the North American wolverine.

(b) The department shall prepare a report in accordance with section 33-2-105.7 (4) for each of the five years after the reintroduction of the North American wolverine occurs. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the department shall deliver the report in accordance with section 33-2-105.7 (3).

(7) The division may compensate owners of livestock pursuant to subsection (5) of this section from the wildlife cash fund created in section 33-1-112 (1); except that the division shall not use money within the wildlife cash fund that is generated from the sale of hunting and fishing licenses or from associated federal grants to implement this subsection (7).

(8) The general assembly deems the recommended expenditure described in this subsection (8) to be in the interest of the people of the state. Pursuant to section 24-33-111 (3), the executive director is authorized to obligate and expend seven hundred fifty thousand dollars from the species conservation trust fund created in section 24-33-111 (2)(a) for the purposes of implementing and administering this section, except as set forth in subsection (7) of this section. The money described in this subsection (8) is available in state fiscal year 2024-25 and remains available for the authorized purposes until the money is fully expended.
C.R.S. § 33-3-204 — CO Code / Title 33 / Article 3 / Part 2 / Section 33-3-204
33-3-204. Waiver of arbitration - action for damages
Status: in_force

33-3-204. Waiver of arbitration - action for damages. If a claimant waives the right to arbitration pursuant to the provisions of section 33-3-203, the commission shall review the claim as provided in section 33-3-107. Such claimant may commence an action for damages and, in connection therewith, shall be entitled to a trial de novo in any court of the county in which the damage or any portion thereof is alleged to have occurred. The division may be represented by a full-time employee in small claims court. Such action shall be filed within sixty days after the claimant receives notice of denial by the commission, which notice shall set forth the reasons for denial, or within sixty days after the claimant receives an offer of settlement from the commission. If the action is not filed within said sixty-day period, such action shall be forever barred.
C.R.S. § 33-11-112 — CO Code / Title 33 / Article 11 / Section 33-11-112
33-11-112. Trails enforcement
Status: in_force

33-11-112. Trails enforcement. It is unlawful for any person, except a parks and recreation officer or other peace officer, to operate a motorized vehicle on a signed and designated nonmotorized trail. Any person who violates this section commits a petty offense and, upon conviction, shall be punished by a fine of one hundred fifty dollars.
C.R.S. § 33-32-105 — CO Code / Title 33 / Article 32 / Section 33-32-105
33-32-105. Minimum qualifications and conditions for a river outfitter's license
Status: in_force

33-32-105. Minimum qualifications and conditions for a river outfitter's license. (1) A river outfitter's license may be granted to any river outfitter, either within or without this state, meeting the following minimum qualifications and conditions:

(a) The river outfitter, if a corporation, shall be incorporated pursuant to the laws of this state or duly qualified to do business in this state.

(b) The river outfitter shall submit to the commission evidence of liability insurance in the minimum amount of three hundred thousand dollars' combined single limit for property damage and bodily injury.

(c) The river outfitter shall meet the safety standards for river-running established by the commission by regulation.
C.R.S. § 33-12-106 — CO Code / Title 33 / Article 12 / Section 33-12-106
33-12-106. Park entrance privileges - identified veterans - wounded warriors - backcountry
Status: repealed

33-12-106. Park entrance privileges - identified veterans - wounded warriors - backcountry search and rescue organizations conducting training activities - legislative declaration - rules. (1) (a) Any resident who displays on the resident's vehicle a Colorado disabled veteran's license plate pursuant to section 42-3-304 (3)(a) or a purple heart special license plate pursuant to section 42-3-213 (2) must be allowed free entrance to any state park or recreation area, not to include campgrounds, on any day of the year such park or area is open. For the purpose of this section, display of such license plates entitles the disabled veteran or purple heart recipient and passengers in such disabled veteran's or purple heart recipient's vehicle to enter such park or recreation area free of charge.

(b) Any resident who presents the documents necessary to satisfy the requirements of section 42-3-304 (3)(a) at a regional office or the central office of the division, or at such other locations as may be determined by the division, may obtain a transferable annual parks pass free of charge from the division.

(c) Any resident who presents the documents necessary to satisfy the requirements of section 42-3-213 (2) at a regional office or the central office of the division, or at such other locations as may be determined by the division, may obtain a transferable annual parks pass free of charge from the division.

(2) Repealed.

(2.3) The commission may promulgate rules to allow free entrance to any state park or recreation area, not to include campgrounds, yurts, or other amenities and services offered, for veterans on one day each year. The commission may determine by rule which day veterans are allowed free entrance to state parks and recreation areas.

(2.4) (a) The commission shall promulgate a rule to allow veterans, including active duty personnel, free entrance to any state park or recreation area, not to include campgrounds, yurts, or other amenities and services, for the month of August each year. The commission may promulgate a rule setting evidence standards to show a person is a veteran and issue a sticker or other device that identifies a person as a veteran for future entrance. The commission may also charge a fee for issuing the sticker or other device that identifies a person as a veteran, but the fee must be based on the direct and indirect cost of issuing the sticker or other device.

(b) The general assembly shall annually appropriate moneys to the division to implement this subsection (2.4). If the general assembly does not make the appropriation, the commission need not offer free entrance to veterans to state parks or recreational areas until the money is appropriated.

(2.7) (a) (I) The general assembly hereby finds, determines, and declares that:

(A) Service members returning from post-September 11, 2001, overseas contingency operations who have been injured during combat face a challenging period of rehabilitation upon their return to the United States;

(B) Many of these service members are so severely injured that they require medical assistance for many years, or even the rest of their lives, as they reenter mainstream life;

(C) Although the scope of care provided by the United States armed services wounded warrior programs varies with each service member, based on the needs of the individual, these service members may be assigned, upon return to Colorado, to a medical treatment facility such as Evans army hospital at Fort Carson, Colorado;

(D) Wounded warrior programs are direct efforts by the United States armed services to care for service members during their long transition from combat-related injury to civilian life and to provide assistance to those service members in recovery, rehabilitation, and reintegration that is worthy of their service and sacrifice; and

(E) For those wounded warriors who suffer injuries so severe that they will require intense, ongoing care or assistance for many years or the rest of their lives, a significant part of the healing process is enabling and encouraging these service members to experience some of the outdoor recreational activities they enjoyed prior to their service-related injuries.

(II) The general assembly therefore recognizes the need to provide opportunities for Colorado's severely injured "wounded warriors" to enjoy the natural resources of the state as part of their rehabilitative care. Furthermore, offering free entrance to state parks and recreation areas to such recovering service members is a small, but recognizable, acknowledgment of their selfless service and sacrifice.

(b) The commission may promulgate rules to allow free entrance to any state park or recreation area, not to include campgrounds, yurts, or other amenities or services offered, for participants in the United States armed services wounded warrior programs who are residents of, or stationed in, Colorado. Any such rules must also allow for free admission of persons accompanying the wounded warrior program participant in the same vehicle.

(c) As used in this subsection (2.7), "United States armed services wounded warrior programs" means:

(I) The Army wounded warrior (AW2) program;

(II) The Air Force wounded warrior (AFW2) program;

(III) The Navy safe harbor program;

(IV) The Coast Guard wounded warrior regiment; and

(V) Any successor program administered by a branch of the United States armed services to provide individualized support for service members who have been severely injured in overseas contingency operations undertaken since September 11, 2001.

(3) Pursuant to section 33-10-115, a public or nonprofit backcountry search and rescue organization shall be allowed free entrance to any state park or recreation area on any day of the year such park or area is open, subject to availability.
C.R.S. § 33-15-107 — CO Code / Title 33 / Article 15 / Section 33-15-107
33-15-107. Camping
Status: in_force

33-15-107. Camping. (1) It is unlawful for any person to camp on land or water located in a state park or state recreation area unless the area is so designated and posted pursuant to rule of the commission. Any person who violates this subsection (1) commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars.

(2) A person who occupies an area designated for camping without having obtained a valid permit for the campsite commits a civil infraction and, upon conviction, shall be punished by a fine equal to five times the cost of a permit for the campsite.
C.R.S. § 33-15-114 — CO Code / Title 33 / Article 15 / Section 33-15-114
33-15-114. Commercial use of state property
Status: in_force

33-15-114. Commercial use of state property. It is unlawful to operate any commercial business or to solicit business on any property owned or managed by the division without first obtaining written permission from the division or the commission pursuant to this title 33 or any applicable rules promulgated by the commission. Any person who violates this section commits a class 2 misdemeanor.
C.R.S. § 33-13-103 — CO Code / Title 33 / Article 13 / Section 33-13-103
33-13-103. Numbering of vessels required - rules - repeal
Status: in_force

33-13-103. Numbering of vessels required - rules - repeal. (1) It is unlawful for any person to operate or use a vessel on the waters of this state or to possess a vessel at a vessel staging area unless the vessel has been numbered and the division has issued a certificate of the number, referred to in this article 13 as a "registration", to the vessel. The operator of the vessel shall produce the registration for inspection upon demand of any officer authorized to enforce articles 10 to 15 and 32 of this title 33. The following are exempt from the requirements of this subsection (1) and from the vessel registration fee as specified by the commission by rule:

(a) Any vessel which is neither a motorboat nor a sailboat as defined in section 33-13-102; except that canoes, kayaks, and nonmotorized rafts exempted by this paragraph (a) shall be marked as required by subsection (5) of this section;

(b) Vessels holding a valid marine document issued by the United States;

(c) Vessels which are numbered in accordance with applicable federal law or in accordance with a federally approved numbering system of another state when the registration is valid and the identifying number set forth in the registration is displayed on each side of the bow of such vessel, which vessel is not used within this state during a period of not more than sixty consecutive days;

(d) A vessel from a country other than the United States temporarily using the waters of this state;

(e) A vessel belonging to a class of vessels which has been exempted after the division has found that the numbering of vessels of such class will not materially aid their identification, and, if an agency of the federal government has a numbering system applicable to the class of vessels to which the vessel in question belongs, after the division has further found that the vessel would also be exempt from numbering if it were subject to federal law;

(f) Any vessel defined as a sailboard in section 33-13-102 (3.7) shall be marked as required by subsection (5) of this section.

(2) Every registration issued pursuant to this article shall continue in full force and effect for a period ending December 31 of the year of issuance of the registration unless sooner terminated or discontinued in accordance with the provisions of this article. A registration may be renewed by the owner in the same manner as that provided for obtaining the initial registration. The same number shall be reissued if the application for renewal is received by the division within thirty days before the date of expiration.

(3) The commission shall prescribe by rule a system of numbering that complies with the federal system for numbering vessels.

(4) Any person who violates subsection (1) of this section commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars.

(5) It is unlawful for any person to operate or use a canoe, kayak, sailboard, or nonmotorized raft that is not required to be registered under subsection (1) of this section on the waters of this state unless it has been marked with the owner's name and current address in a legible, clearly visible, and durable fashion. Any person who violates this subsection (5) commits a civil infraction and, upon conviction thereof, shall be punished by a fine of fifteen dollars.
C.R.S. § 33-14.5-111 — CO Code / Title 33 / Article 14.5 / Section 33-14.5-111
33-14.5-111. Enforcement - federal, state, and local cooperation
Status: in_force

33-14.5-111. Enforcement - federal, state, and local cooperation. (1) Every parks and recreation officer, every peace officer of this state and its political subdivisions, and every person commissioned by the division has the authority to enforce the provisions of this article.

(2) The division is authorized to enter into cooperative agreements with federal land management agencies for the purpose of regulating off-highway vehicle use on federal lands.
C.R.S. § 33-1-121 — CO Code / Title 33 / Article 1 / Section 33-1-121
33-1-121. Captive wildlife and alternative livestock board - created - duties - repeal
Status: repealed

33-1-121. Captive wildlife and alternative livestock board - created - duties - repeal. (Repealed)
C.R.S. § 33-1-122 — CO Code / Title 33 / Article 1 / Section 33-1-122
33-1-122. Wildlife legislative interim committee
Status: repealed

33-1-122. Wildlife legislative interim committee. (Repealed)
C.R.S. § 33-44-102 — CO Code / Title 33 / Article 44 / Section 33-44-102
33-44-102. Legislative declaration
Status: in_force

33-44-102. Legislative declaration. The general assembly hereby finds and declares that it is in the interest of the state of Colorado to establish reasonable safety standards for the operation of ski areas and for the skiers using them. Realizing the dangers that inhere in the sport of skiing, regardless of any and all reasonable safety measures that can be employed, the purpose of this article 44 is to supplement the passenger tramway safety provisions of article 150 of title 12; to further define the legal responsibilities of ski area operators and their agents and employees; to define the responsibilities of skiers using such ski areas; and to define the rights and liabilities existing between the skier and the ski area operator and between skiers.
C.R.S. § 33-10.5-104.5 — CO Code / Title 33 / Article 10.5 / Section 33-10.5-104.5
33-10.5-104.5. Aquatic nuisance species stamp - creation - short title - rules
Status: in_force

33-10.5-104.5. Aquatic nuisance species stamp - creation - short title - rules. (1) The short title of this section is the "Mussel-free Colorado Act".

(2) (a) For any motorboat or sailboat registered in Colorado pursuant to section 33-13-103 for the year 2019 and thereafter, a person shall purchase a separate aquatic nuisance species stamp from the division at a cost of twenty-five dollars to operate or use the motorboat or sailboat on the waters of this state or to possess the motorboat or sailboat at a vessel staging area.

(b) On and after January 1, 2019, for any motorboat or sailboat exempted from registration in Colorado pursuant to section 33-13-103 (1)(b) to (1)(d), a person shall purchase an aquatic nuisance species stamp from the division at a cost of fifty dollars to operate or use the motorboat or sailboat on the waters of this state or to possess the motorboat or sailboat at a vessel staging area; except that a person exempted from registration in Colorado under section 33-13-103 (1)(b), but who is a Colorado resident, need only pay twenty-five dollars for an aquatic nuisance species stamp pursuant to subsection (2)(a) of this section.

(c) A person who pays for an aquatic nuisance species stamp for a motorboat or sailboat shall, when operating the motorboat or sailboat, retain the stamp receipt on his or her person or on the motorboat or sailboat.

(3) The parks and wildlife commission may, by rule adopted after August 8, 2018, adjust the amount of the aquatic nuisance species stamp described in subsection (2) of this section by an amount up to the total amount reflected by the changes made in the United States bureau of labor statistics consumer price index for the Denver-Aurora-Lakewood consolidated metropolitan statistical area for all urban consumers and all goods, or its successor index.

(4) The division shall transmit the stamp fees collected pursuant to this section to the state treasurer, who shall credit them to the division of parks and wildlife aquatic nuisance species fund created in section 33-10.5-108.
C.R.S. § 33-5-103 — CO Code / Title 33 / Article 5 / Section 33-5-103
33-5-103. Examination of plans
Status: in_force

33-5-103. Examination of plans. The commission shall promptly examine and investigate all plans submitted to it pursuant to the provisions of section 33-5-102. If the commission determines that the plans and specifications are technically inadequate to accomplish the purposes set forth in section 33-5-101, it shall notify the applicant and may render aid in preparing adequate plans and specifications.
C.R.S. § 33-10-115 — CO Code / Title 33 / Article 10 / Section 33-10-115
33-10-115. Use of parks and recreational areas by nonprofit backcountry search and rescue o
Status: in_force

33-10-115. Use of parks and recreational areas by nonprofit backcountry search and rescue organizations - definitions - rules. (1) This section shall be known and may be cited as the "Colorado Backcountry Search and Rescue State Parks Usage Act".

(2) As used in this section:

(a) "Backcountry search and rescue activities" means official drills, exercises, live incidents, or other such activities that provide instruction to backcountry search and rescue personnel, and that are conducted at any time of the day, including, without limitation, overnight or over several days and nights.

(b) "Park, recreation area, or facility" means:

(I) A state park;

(II) A state recreation area; or

(III) A state-owned facility that is open to the public and related to or adjoining a state park or a state recreation area.

(c) "Public or nonprofit backcountry search and rescue organization" means a not-for-profit entity that performs backcountry search and rescue, disaster relief, or national defense missions in Colorado. The term includes, without limitation, the Colorado civil air patrol, governmental search and rescue organizations, and the Colorado search and rescue association.

(3) A public or nonprofit backcountry search and rescue organization shall be exempt from all park fees when the organization is using a park, recreation area, or facility to conduct backcountry search and rescue activities.

(4) The commission may promulgate rules as are reasonably necessary to implement this section.
C.R.S. § 33-2-102 — CO Code / Title 33 / Article 2 / Section 33-2-102
33-2-102. Legislative declaration
Status: in_force

33-2-102. Legislative declaration. (1) The general assembly finds and declares that:

(a) It is the policy of this state to manage all nongame wildlife, recognizing the private property rights of individual property owners, for human enjoyment and welfare, for scientific purposes, and to ensure their perpetuation as members of ecosystems;

(b) Species or subspecies of wildlife indigenous to this state that may be found to be endangered or threatened within the state should be accorded protection in order to maintain and enhance their numbers to the extent possible;

(c) This state should assist in the protection of species or subspecies of wildlife that are deemed to be endangered or threatened elsewhere; and

(d) The general assembly should make adequate funding available to the division annually by appropriations from the general fund.

(2) The general assembly also finds and declares that:

(a) Rare plants and invertebrates are necessary elements of healthy and resilient ecosystems;

(b) It is the policy of this state to:

(I) Protect and enhance biodiversity and resilient ecosystems in the face of population growth, development, and climate change;

(II) Protect and conserve rare plants and invertebrates as members of ecosystems;

(III) Support the wildlife that depends on rare plants and invertebrates; and

(IV) Prevent the decline of rare plants and invertebrates before their continued existence in the state is imperilled;

(c) The division should study and determine the conservation needs of rare plants and invertebrates found in this state and implement voluntary programs to protect these species.
C.R.S. § 33-6-203 — CO Code / Title 33 / Article 6 / Part 2 / Section 33-6-203
33-6-203. General prohibition - penalties
Status: in_force

33-6-203. General prohibition - penalties. (1) Except as otherwise provided in this part 2, it is unlawful to take wildlife with any leghold trap, any instant kill body-gripping design trap, or by poison or snare in the state of Colorado. Penalties shall be as provided in section 33-6-109 unless a different penalty is specifically provided in this part 2.

(2) Except as otherwise provided in this part 2, any person who attempts to take wildlife using any leghold trap, instant kill body-gripping design trap, poison, or snare commits a petty offense and, upon conviction thereof, shall be punished by a fine of forty dollars and is assessed four license suspension points.

(3) An owner or lessee of private property or an employee of such owner or lessee, as such terms are defined and used in sections 33-6-207 and 33-6-208, who takes wildlife using any leghold trap, instant kill body-gripping design trap, poison, or snare on such private property under circumstances that give rise to the exemption set forth in section 33-6-207 (1) but without complying with the notice and certification requirements of section 33-6-208 (1)(c) commits a petty offense and, upon conviction thereof, shall be punished by a fine of twenty-five dollars; except that, upon conviction of a second or subsequent offense, the fine shall be fifty dollars.

(4) Any person convicted of violating subsection (1) or (2) of this section shall be subject to twice the applicable penalty if the offense occurred pursuant to an unlawful entry onto the privately owned or leased property of another.
C.R.S. § 33-14.5-103 — CO Code / Title 33 / Article 14.5 / Section 33-14.5-103
33-14.5-103. Proof of ownership for registration purposes
Status: in_force

33-14.5-103. Proof of ownership for registration purposes. (1) The division shall require proof of ownership for an off-highway vehicle prior to the initial registration required under this article, but the division shall not issue a certificate of title for the vehicle.

(2) The division shall keep a record of the manufacturer's numbers of all off-highway vehicles registered pursuant to this article and shall provide the department of revenue with a copy of said record monthly. The department of revenue shall maintain a computerized list of such record in order to aid in the recovery of stolen off-highway vehicles.
C.R.S. § 33-61-103 — CO Code / Title 33 / Article 61 / Section 33-61-103
33-61-103. Fee for oil and gas production - remediation of harm to wildlife and land - cash
Status: in_force

33-61-103. Fee for oil and gas production - remediation of harm to wildlife and land - cash fund. (1) (a) In furtherance of its business purpose pursuant to section 33-9-105, the division shall impose a production fee for wildlife and land remediation to be paid quarterly by every producer that applies to all oil and gas produced by the producer in the state on and after July 1, 2025.

(b) (I) No later than one week after October 1, 2025, and no later than one week after the first day of each calendar quarter thereafter, the commission shall calculate, including performing any necessary measurement unit conversions to calculate, the average oil spot price and the average gas spot price for the previous calendar quarter and publish the average oil spot price and the average gas spot price on the commission's website. The commission shall routinely provide written guidance to the division on factors relevant to the production fee amounts, including guidance on the current condition of the oil and gas market and the market's sensitivity to higher or lower production fee amounts. In preparing the written guidance, the commission shall:

(A) Take into consideration emergencies, national security needs, extreme market disruptions, and extreme new regulatory burdens on producers; and

(B) Not act in an arbitrary and capricious manner.

(II) No later than one month after the commission publishes the average oil spot price and the average gas spot price for the previous calendar quarter on the commission's website pursuant to subsection (1)(b)(I) of this section, the division shall set the production fee amounts applicable to the previous calendar quarter, notify the executive director of the production fee amounts set, and publish the production fee amounts on the division's website. Prior to adopting the production fee amounts, the division shall consult with the commission on the appropriate production fee amounts for the previous quarter and take into account the maximum amounts described in section 33-61-102 (12) and other relevant factors.

(III) On or before the last day of the second month following the previous calendar quarter, every producer shall file a return and pay the production fee for wildlife and land remediation for the previous calendar quarter in accordance with section 33-61-106.

(c) (I) The executive director shall collect, administer, and enforce the production fee for wildlife and land remediation on behalf of the division in accordance with this article 61 and article 21 of title 39.

(II) For the purpose of minimizing compliance costs for producers and administrative costs for the state, when the executive director collects the production fee for wildlife and land remediation, the executive director shall also collect the production fee for clean transit in the same manner.

(d) The executive director shall transmit any fees collected pursuant to subsection (1)(c) of this section to the state treasurer, who shall credit the fees, minus the costs to the department of revenue for administering the fees pursuant to section 33-61-104, which costs shall be credited to the oil and gas production fees collection fund created in section 33-61-104 (1), to the fund.

(e) Any money that the department of revenue collects and transmits to the state treasurer pursuant to this article 61:

(I) Is collected for the division, which is an enterprise pursuant to section 33-9-105;

(II) Is custodial money intended for the division and held temporarily by the department of revenue and the state treasurer solely for the purpose of crediting the money to the fund; and

(III) Based on the division's status as an enterprise, is not subject to section 20 of article X of the state constitution at any time during its collection, transmission, and use.

(2) No later than March 1, 2030, and every fifth March 1 thereafter, the division shall complete an analysis of the production fee amounts, the amount of revenue generated by the fees, and the use of the fee revenue in order to ensure that the division is continuing to impose production fee amounts that are reasonably calculated to not exceed the overall costs of providing the remediation services described in subsection (3) of this section. The division shall post the analysis on the division's website.

(3) (a) The climate resilient wildlife and land cash fund is created in the state treasury. The fund consists of production fees for wildlife and land remediation credited to the fund pursuant to subsection (1)(c) of this section, any other money that the general assembly may appropriate or transfer to the fund, and any federal money or gifts, grants, or donations received. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Money in the fund is continuously appropriated to the division for the purposes specified in subsection (3)(b) of this section.

(b) The division shall only expend money in the fund for the following remediation services to partially mitigate the impacts of oil and gas operations:

(I) Creating new state parks and new state wildlife areas, with a primary focus on benefits to wildlife and native biodiversity;

(II) Slowing biodiversity loss and improving ecosystem resilience;

(III) Improving wildlife connectivity and migration corridors;

(IV) Acquiring and leasing lands and waters for the protection of wildlife and habitats;

(V) Restoring lands, including through improvements in grassland, forest, watershed, shrubland, riparian, and aquatic ecosystem health;

(VI) Native species conservation, rehabilitation, and reintroduction, except for the reintroduction of grizzly bears and gray wolves that negatively impact livestock;

(VII) Continued research and monitoring of threats to Colorado wildlife and ecosystems, including from climate change and oil and gas operations;

(VIII) The provision of grants, awards, easements, or other agreements solely to assist in implementing the remediation services described in this subsection (3); and

(IX) The division's direct and indirect costs, as well as the direct and indirect costs of the recipients of grants, awards, easements, or other agreements described in subsection (3)(b)(VIII) of this section, in implementing the remediation services described in this subsection (3).
C.R.S. § 33-33-105 — CO Code / Title 33 / Article 33 / Section 33-33-105
33-33-105. Powers and duties of the commission - rules
Status: in_force

33-33-105. Powers and duties of the commission - rules. (1) The commission, through the division and with the advice of the council, shall administer the program in accordance with this article and has the following additional powers and duties:

(a) To establish and continue an inventory and a registry;

(b) To establish criteria by which inventoried natural areas can be evaluated and selected for the registry and for designation as natural areas; except that no area shall be included in the registry without permission of the owner of the land;

(c) To promulgate rules for the registry and designation of natural areas and for the development of plans for the management and use of designated natural areas;

(d) To seek and approve, upon recommendation by the council, the designation of natural areas under the provisions of section 33-33-108 and, when necessary, to acquire by gift, devise, or grant the fee or other interest in real property or accept, under section 33-33-108, the designation of real property for inclusion in the system; except that the commission does not have the power of eminent domain for such purposes;

(e) To encourage and oversee scientific research and educational use of the designated natural areas; to conduct or encourage conduction of interpretive programs; and to establish and disseminate information and recommendations pertaining to the system and other natural areas;

(f) To administer and enforce this article and rules adopted pursuant thereto, including the provisions of the articles of a designated natural area; except that the commission has no regulatory jurisdiction under this article over lands or interests therein which are not part of the system;

(g) To cooperate and contract with any federal, state, or local governmental agency, educational institution, private organization, or individual for the purpose of carrying out the provisions of this article;

(h) To publish and submit to the governor every three years, or more often as it deems necessary, a report on the status and condition of each designated natural area and each natural area in the registry;

(i) To accept and disburse moneys and grants made available to the commission under any federal law for the purposes of this article; and

(j) To notify, ninety days prior to the final designation action, the board of county commissioners in the county in which any designation is being considered. At the request of the board of county commissioners, the commission shall hold a public hearing in said county for the purpose of evaluating any local concerns regarding the proposed designation.

(2) It is not a permitted function of the commission under this article to make or pursue direct or indirect objection or opposition before any governing body to any application for development of private lands.