C.R.S. § 33-5-106 — CO Code / Title 33 / Article 5 / Section 33-5-106
33-5-106. Vested water rights
Status: in_force

33-5-106. Vested water rights. This article shall not operate or be so construed as to impair, diminish, or divest any existing or vested water rights acquired under the laws of this state or the United States, nor shall this article apply in emergency situations.
C.R.S. § 33-6-204 — CO Code / Title 33 / Article 6 / Part 2 / Section 33-6-204
33-6-204. General exemptions - conduct "authorized by law"
Status: in_force

33-6-204. General exemptions - conduct "authorized by law". (1) Section 33-6-203 shall not apply to:

(a) The taking of birds or of rodents, other than beaver or muskrat, as authorized by law; or

(b) The taking of fish or other nonmammalian aquatic wildlife by the division.

(2) Nothing in this part 2 shall be construed to prohibit the taking of wildlife with firearms, fishing equipment, archery equipment, or other implements in hand as authorized by law.
C.R.S. § 33-13-104 — CO Code / Title 33 / Article 13 / Section 33-13-104
33-13-104. Application for vessel number - repeal
Status: in_force

33-13-104. Application for vessel number - repeal. (1) The owner of each vessel requiring numbering by this state shall file an application for a number with the division or any representative approved by the division on forms approved and furnished by the division. The owner of the vessel must sign the application and pay an application fee as specified by the commission by rule; except that those vessels owned and operated by the state or any political subdivision of the state must be registered without payment of a registration fee. Upon receipt of the application in approved form, the division or its representative shall issue to the applicant a registration stating the number issued to the vessel. The number issued shall be painted on or attached to each side of the bow on the forward half of the vessel or, if there are no such sides, at a corresponding location on both sides of the foredeck of the vessel for which it is issued. The number issued must read from left to right in block characters of good proportion having a minimum of three inches in height, excluding border or trim, and of a color that contrasts with the color of the background, and must remain clearly visible and legible. Other numbers must not be carried on the bow of the vessel. Any person who fails to display a vessel number as required in this subsection (1) commits a civil infraction and, upon conviction, shall be punished by a fine of twenty-five dollars.

(2) The registration shall be of pocket size and shall be on board and available at all times for inspection whenever the vessel for which it is issued is in operation in this state. Any person who violates this subsection (2) commits a civil infraction and, upon conviction, shall be punished by a fine of fifty dollars. If a registration is lost or destroyed, the owner shall, within fifteen days, notify the division. The notification shall be in writing, shall describe the circumstances of the loss or destruction, and shall be accompanied by a fee for a replacement registration as required under section 33-12-101.

(3) When a numbered vessel is lost, destroyed, or abandoned, the registration issued for the vessel shall be surrendered to the division within fifteen days after any such event. When the owner of a numbered vessel changes his or her address from that shown on the registration, the owner shall notify the division within fifteen days of such change and, as a part of such notification, shall furnish the division with his or her new address. The commission may provide in its rules for the surrender of the registration bearing the former address and its replacement with a registration bearing the correct address or for the alteration of an outstanding registration to show the new address of the owner.

(4) All fees collected under this section shall be credited to the parks and outdoor recreation cash fund and shall be used for the administration of this article.
C.R.S. § 33-13-113 — CO Code / Title 33 / Article 13 / Section 33-13-113
33-13-113. Municipal corporations or organizations - powers
Status: in_force

33-13-113. Municipal corporations or organizations - powers. Nothing in this article shall be construed to prevent municipal corporations or quasi-municipal corporations, including, but not limited to, metropolitan recreation districts, from policing lakes or bodies of water located within all or part of the territorial boundaries of any such entities. Any person designated by such entities to engage in policing work upon said bodies of water may be commissioned by the division to enforce the provisions of this article as an authorized representative of the division. In addition, said entities shall also be empowered to charge and collect reasonable permit fees to defer the expense of such policing operations without the obligation of remitting such fees to the division, but such fees shall be in addition to those otherwise provided for in this article. Such entities are empowered to adopt and enforce reasonable rules and regulations governing the use of vessels on the bodies of water patrolled under their supervision if such rules and regulations do not conflict with the provisions of this article.
C.R.S. § 33-44-103 — CO Code / Title 33 / Article 44 / Section 33-44-103
33-44-103. Definitions
Status: in_force

33-44-103. Definitions. As used in this article 44, unless the context otherwise requires:

(1) "Base area lift" means any passenger tramway which skiers ordinarily use without first using some other passenger tramway.

(2) "Competitor" means a skier actually engaged in competition, a special event, or training or practicing for competition or a special event on any portion of the area made available by the ski area operator.

(3) "Conditions of ordinary visibility" means daylight and, where applicable, nighttime in nonprecipitating weather.

(3.1) "Extreme terrain" means any place within the ski area boundary that contains cliffs with a minimum twenty-foot rise over a fifteen-foot run, and slopes with a minimum fifty-degree average pitch over a one-hundred-foot run.

(3.3) "Freestyle terrain" includes, but is not limited to, terrain parks and terrain park features such as jumps, rails, fun boxes, and all other constructed and natural features, half-pipes, quarter-pipes, and freestyle-bump terrain.

(3.5) "Inherent dangers and risks of skiing" means those dangers or conditions that are part of the sport of skiing, including changing weather conditions; snow conditions as they exist or may change, such as ice, hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up snow, and machine-made snow; surface or subsurface conditions such as bare spots, forest growth, rocks, stumps, streambeds, cliffs, extreme terrain, and trees, or other natural objects, and collisions with such natural objects; impact with lift towers, signs, posts, fences or enclosures, hydrants, water pipes, or other man-made structures and their components; variations in steepness or terrain, whether natural or as a result of slope design, snowmaking or grooming operations, including but not limited to roads, freestyle terrain, jumps, and catwalks or other terrain modifications; collisions with other skiers; and the failure of skiers to ski within their own abilities. The term "inherent dangers and risks of skiing" does not include the negligence of a ski area operator as set forth in section 33-44-104 (2). Nothing in this section shall be construed to limit the liability of the ski area operator for injury caused by the use or operation of ski lifts.

(4) "Passenger" means any person who is lawfully using any passenger tramway.

(5) "Passenger tramway" means a device as defined in section 12-150-103 (5).

(6) "Ski area" means all ski slopes or trails and all other places within the ski area boundary, marked in accordance with section 33-44-107 (6), under the control of a ski area operator and administered as a single enterprise within this state.

(7) "Ski area operator" means an "area operator" as defined in section 12-150-103 (1) and any person, partnership, corporation, or other commercial entity having operational responsibility for any ski areas, including an agency of this state or a political subdivision thereof.

(8) "Skier" means any person using a ski area for the purpose of skiing, which includes, without limitation, sliding downhill or jumping on snow or ice on skis, a toboggan, a sled, a tube, a snowbike, a snowboard, or any other device; or for the purpose of using any of the facilities of the ski area, including but not limited to ski slopes and trails.

(9) "Ski slopes or trails" means all ski slopes or trails and adjoining skiable terrain, including all their edges and features, and those areas designated by the ski area operator to be used by skiers for any of the purposes enumerated in subsection (8) of this section. Such designation shall be set forth on trail maps, if provided, and designated by signs indicating to the skiing public the intent that such areas be used by skiers for the purpose of skiing. Nothing in this subsection (9) or in subsection (8) of this section, however, shall imply that ski slopes or trails may not be restricted for use by persons using skis only or for use by persons using any other device described in subsection (8) of this section.
C.R.S. § 33-33-111 — CO Code / Title 33 / Article 33 / Section 33-33-111
33-33-111. Periodic evaluation to be made by commission
Status: in_force

33-33-111. Periodic evaluation to be made by commission. The commission shall make an evaluation of each designated natural area every three years, or more often as it deems necessary, to determine whether it is being administered in accordance with the conditions and provisions of the articles of designation. If such conditions and provisions are not being met, the commission may remove the area from the system.
C.R.S. § 33-9-101 — CO Code / Title 33 / Article 9 / Part 1 / Section 33-9-101
33-9-101. Commission - creation - composition - terms - vacancies - removal - meetings - s
Status: repealed

33-9-101. Commission - creation - composition - terms - vacancies - removal - meetings - strategic plan - legislative declaration - public engagement - reports. (1) (a) Effective July 1, 2012, there is hereby created the parks and wildlife commission, also referred to in this article as the "commission".

(b) Repealed.

(2) The commission consists of thirteen members, as follows:

(a) Two members who are ex officio nonvoting members, as follows:

(I) The executive director; and

(II) The commissioner of the department of agriculture;

(b) Eleven voting members who are appointed, in accordance with subsection (3) of this section, by the governor with the consent of the senate.

(3) (a) The eleven voting members of the commission are as follows:

(I) Three members who are sports persons who can demonstrate a reasonable knowledge of wildlife issues and who have obtained a hunting or fishing license issued under this title 33 for at least each of the three years prior to their appointments. One of the members appointed pursuant to this subsection (3)(a)(I) must be an outfitter registered pursuant to article 145 of title 12.

(II) Three members who are actively involved in production agriculture as owners or lessees of the agricultural property and owners or partial owners of the commodities produced on the land and who can demonstrate a reasonable knowledge of wildlife issues;

(III) Three members who can demonstrate that they regularly engage in outdoor recreation and utilize parks resources. One member appointed under this subparagraph (III) shall represent a nonprofit organization that supports and promotes the conservation and enhancement of Colorado's wildlife and habitat; recognizes and promotes primarily nonconsumptive wildlife use; and has expertise in wildlife issues, wildlife habitat, or wildlife management; and

(IV) Two members appointed from the public at-large.

(b) (I) In appointing members to the commission under paragraph (a) of this subsection (3), the governor shall make appointments that ensure that a reasonable balance of the following areas of knowledge and experience, as they relate to parks and wildlife, are represented: Outdoor business, service as a current or former local elected official, youth outdoor education, wildlife biology or science, energy, conservation, beneficial uses of water, land conservation and conservation easements, and diversified trails interests and activities. In order to satisfy the requirements of this paragraph (b), the governor shall give preference to persons with experience or expertise in multiple areas of knowledge.

(II) Regardless of the particular interests or qualifications possessed by each member appointed to the commission pursuant to paragraph (a) of this subsection (3), each commissioner represents diverse parks, wildlife, and outdoor recreation throughout Colorado and is committed to the long-term financial stability and sustainability of the department.

(c) Of the voting members appointed to the commission, there shall not be a difference of more than one person between those members affiliated with any major political party.

(d) To the extent possible, voting members shall be appointed to the commission in a manner that ensures balanced geographical representation of diverse areas of the state. At least four voting members shall be appointed from west of the continental divide.

(e) (I) Terms of members serving pursuant to subsection (2)(b) of this section are for four years.

(II) No member serving pursuant to paragraph (b) of subsection (2) of this section is permitted to serve more than two consecutive terms.

(f) Repealed.

(g) [Editor's note: Subsection (3)(g) is effective January 1, 2025.] (I) Each year that a voting member of the commission serves on the commission, the voting member shall participate in at least two public meetings to directly engage people in the geographic area that the member represents; except that each of the members appointed to represent the public at large shall participate in at least one meeting per year west of the continental divide and at least one meeting per year east of the continental divide, unless the meeting is virtual.

(II) The director shall:

(A) For each commission member subject to the public meetings requirement set forth in subsection (3)(g)(I) of this section, track and report to the chair of the commission on the status of the member's public meetings at least once per year at a time determined by the chair; and

(B) Provide the data tracked under subsection (3)(g)(II)(A) of this section to the executive director for inclusion in the department's annual "SMART Act" presentation to the general assembly pursuant to section 2-7-203.

(III) The governor may determine that a voting member's failure to participate in public meetings pursuant to this subsection (3)(g) qualifies as cause for removal pursuant to subsection (5) of this section.

(4) The governor shall fill vacancies on the commission for any unexpired term, with the consent of the senate. The member appointed to fill a vacancy shall be from the same category described in paragraph (a) of subsection (3) of this section as the member vacating the position.

(5) The governor is permitted to remove members of the commission only for cause.

(6) Six voting commissioners constitute a quorum for purposes of conducting the business of the commission.

(7) For purposes of mailing and service, the commission's principal office is in the office of the executive director.

(8) [Editor's note: This version of subsection (8) is effective until January 1, 2025.] For each day actually engaged in the duties of the commission, the commission members are entitled to receive a per diem amount of fifty dollars, together with all actual and necessary travel expenses to be paid after the expenses are incurred. Mileage rates are as provided in section 24-9-104, C.R.S.

(8) [Editor's note: This version of subsection (8) is effective January 1, 2025.] For each day actually engaged in the duties of the commission, the commission members are entitled to receive a per diem amount of fifty dollars, together with all actual and necessary travel expenses to be paid after the expenses are incurred. Mileage rates are as provided in section 24-9-104. Voting commission members are entitled to be reimbursed for reasonable costs incurred in participating in public meetings pursuant to subsection (3)(g) of this section.

(9) The commission is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department and the executive director of the department.

(10) (a) (I) The initial meeting of the commission shall be convened by the executive director.

(II) At the first meeting, the commission shall:

(A) Elect a chair and vice-chair from the members serving pursuant to paragraph (b) of subsection (2) of this section, who shall serve in that capacity for a term of one year but who may be reelected for additional terms; and

(B) Designate two members to serve as representatives to the state board of the great outdoors Colorado trust fund established under article XXVII of the state constitution. One representative must be a commissioner with wildlife knowledge appointed pursuant to subparagraph (I) of paragraph (a) of subsection (3) of this section, and the other representative must be a commissioner with experience in outdoor recreation appointed pursuant to subparagraph (III) of paragraph (a) of subsection (3) of this section.

(b) The commission shall meet as often as necessary and may adopt policies and procedures necessary to carry out its duties. The commission shall conduct at least two meetings per calendar year at locations west of the continental divide.

(11) (a) In addition to discharging its regular duties and functions, the commission shall specifically discuss and formulate a five-year strategic plan to address ongoing or new issues resulting after, and identify increased efficiencies and cost savings that may be realized from, the 2011 merger of the former division of wildlife and the former division of parks and outdoor recreation into the division of parks and wildlife. The strategic plan must address how the merger has affected policies, objectives, strategies, and estimated annual fiscal costs and savings associated with the duties and programs of the division.

(b) The commission shall finalize the strategic plan required by this subsection (11) by December 31, 2013. In developing the strategic plan, the commission shall place special emphasis on obtaining meaningful statewide input.

(c) Repealed.

(12) (a) The general assembly hereby finds, determines, and declares that it is the policy of the state that:

(I) Colorado's wildlife, natural, scenic, and scientific resources must be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of the state and its visitors;

(II) Colorado's agriculture plays a vital role in providing the state's wildlife, natural, scenic, and scientific resources the habitat and conditions that allow these resources to thrive;

(III) A comprehensive program designed to offer the greatest possible variety of recreational opportunity to the people of the state and its visitors is provided;

(IV) There must be a continuous operation of planning, acquisition, development, and management of wildlife habitats, state parks, outdoor recreation lands, trails, waters, and facilities in a manner that recognizes the private property rights of individual property owners; and

(V) Both education and outreach activities must be used to promote natural resources stewardship.

(b) The general assembly further finds and declares that the mission of the commission and the division is to perpetuate the wildlife resources of the state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado's natural resources.
C.R.S. § 33-14-115 — CO Code / Title 33 / Article 14 / Section 33-14-115
33-14-115. Notice of accident
Status: in_force

33-14-115. Notice of accident. (1) The operator of a snowmobile involved in an accident resulting in property damage of fifteen hundred dollars or more or injuries resulting in hospitalization or death, or some person acting for the operator, or the owner of the snowmobile having knowledge of the accident shall immediately, by the quickest available means of communication, notify an officer of the Colorado state patrol, the sheriff's office of the county wherein the accident occurred, or the office of the police department of the municipality wherein the accident occurred.

(2) Any law enforcement agency receiving a report of accident under this section shall forward a copy thereof to the division which shall compile statistics annually based upon such reports.

(3) Within forty-eight hours after an accident involving a snowmobile, the accident shall be reported to the Denver office of the division. The report shall be made on forms furnished by the division and shall be made by the owner of the vehicle or someone acting for him.

(4) (a) Any person who violates subsection (1) of this section commits a petty offense and, upon conviction, shall be punished by a fine of seventy-five dollars.

(b) Any person who violates subsection (3) of this section commits a civil infraction.
C.R.S. § 33-6-112 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-112
33-6-112. Evidence of wildlife sex and species
Status: in_force

33-6-112. Evidence of wildlife sex and species. The commission may establish by rules or regulations requirements for preserving the evidence of sex or species or both sex and species of wildlife taken under the provisions of articles 1 to 6 of this title. It is unlawful for any person to possess any wildlife or considerable portion thereof in violation of such rules or regulations. For the purposes of this section, the evidence of species or sex may be one or more of the following: Head, antlers, horns, testes, scrotum, udder, spurred leg, wing, skin, or plumage in sufficient amount to allow the evidence of species or sex to be determined by ordinary inspection. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall, with respect to big game, be punished by a fine of one hundred dollars and an assessment of ten license suspension points or shall, with respect to all other wildlife, be punished by a fine of fifty dollars and an assessment of five license suspension points.
C.R.S. § 33-6-128 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-128
33-6-128. Damage or destruction of dens or nests - harassment of wildlife
Status: in_force

33-6-128. Damage or destruction of dens or nests - harassment of wildlife. (1) Unless permitted by the division, it is unlawful for any person to willfully damage or destroy any wildlife den or nest or their eggs or to harass any wildlife. Any person who violates this subsection (1) 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. For the purposes of this subsection (1), nothing shall prohibit the removal of wildlife dens or nests when necessary to prevent damage to property or livestock or while trapping.

(2) Unless otherwise allowed by commission rule or regulation, it is unlawful for any person to knowingly or negligently allow or direct a dog which the person owns or which is under the person's control to harass wildlife, whether or not the wildlife is actually injured by such dog. Any person who violates this subsection (2) commits a petty offense and, upon conviction thereof, shall be punished by a fine of two hundred dollars.

(3) A Colorado wildlife officer or other peace officer may capture or kill any dog he or she determines to be harassing wildlife. The provisions of this subsection (3) shall not apply to dogs that are under the direct personal control of a person.
C.R.S. § 33-1-118 — CO Code / Title 33 / Article 1 / Section 33-1-118
33-1-118. Assent to Dingell-Johnson act
Status: in_force

33-1-118. Assent to Dingell-Johnson act. The state of Colorado through the division assents to the provisions of the act of congress entitled "An Act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes.", approved August 9, 1950, and as amended. The division is authorized and directed to perform such acts as may be necessary to conduct and establish cooperative fish restoration and management projects as defined in and in compliance with such act of congress and the rules and regulations promulgated by the secretary of the interior thereunder. No moneys or funds accruing to the division as a result of compliance with such act shall be used for any purpose other than for such projects and the administration of such division.
C.R.S. § 33-12-108 — CO Code / Title 33 / Article 12 / Section 33-12-108
33-12-108. Keep Colorado wild pass - assess with vehicle registration - option to decline t
Status: in_force

33-12-108. Keep Colorado wild pass - assess with vehicle registration - option to decline to pay - rules - short title - legislative declaration - definitions. (1) Short title. The short title of this section is the "Keep Colorado Wild Pass Act".

(2) Legislative declaration. The general assembly:

(a) Finds and determines that:

(I) Colorado's great outdoors and wildlife are among the state's most treasured resources, enhancing Coloradans' quality of life, bringing prosperity to the state and its residents, and representing the fabric of the state;

(II) Rapid growth in demand for, and effects of, outdoor recreation is challenging the division's capacity to deliver on its mission to ensure that the benefits of Colorado's outdoors and wildlife are sustained for future generations, while recreationists have few opportunities to financially support wildlife conservation and the trails and other outdoor recreational infrastructure that are in high demand in Colorado;

(III) Despite growth in outdoor recreation, many Colorado families lack access to the experience, equipment, and resources necessary to visit our state parks and public lands, and new strategies are needed to reduce barriers for those families with limited resources to access the outdoors;

(IV) The division and the commission have identified goals and objectives to achieve their mission, including the following goals and objectives:

(A) Providing a simple and affordable state parks and public lands access pass to ensure that Colorado's outdoors are welcoming and accessible to all and that all users contribute to keeping Colorado wild;

(B) Ensuring sufficient staffing and resources to manage and protect Colorado's forty-two existing state parks;

(C) Supporting the thousands of search and rescue volunteers in Colorado that risk their lives responding to backcountry emergencies and developing educational programs and campaigns to promote backcountry safety;

(D) Protecting winter recreationists by supporting backcountry avalanche safety and awareness;

(E) Building and maintaining new state parks on a regular basis in partnership with local governments, conservationists, recreationists, and other land management agencies;

(F) Growing the division's capacity to address outdoor recreation beyond state parks, including on federal lands;

(G) Increasing state trails program funds for trail stewardship, new trails, and river recreation projects;

(H) Dedicating resources for the division's state wildlife action plan to conserve vulnerable species and habitats;

(I) Supporting the division's initiatives that are focused on equity, diversity, and inclusion in the outdoors; and

(J) Funding Colorado regional outdoor partnerships to support community-driven conservation and recreation planning and projects; and

(V) The goals and objectives identified in subsection (2)(a)(IV) of this section can only be accomplished through implementation of a fee structure that increases participation; provides consistent, reliable financial contributions; and is offered at a discounted price from the price of an existing annual state park pass; and

(b) Declares that:

(I) The pass fee is not intended as a registration fee or other charge with respect to the operation of any motor vehicle upon any public highway in the state;

(II) The collection of the pass fee with an annual motor vehicle registration is intended to create an administrative convenience; and

(III) An individual's choice not to pay the pass fee is not intended to affect the individual's ability to register the individual's motor vehicle.

(3) Definitions. As used in this section, unless the context otherwise requires:

(a) "Authorized agent" has the meaning set forth in section 42-1-102 (5).

(b) "Commercial vehicle" has the meaning set forth in section 42-1-102 (17.5).

(c) "Division of motor vehicles" means the division of motor vehicles in the department of revenue.

(d) "Keep Colorado wild pass" or "pass" means the keep Colorado wild pass created in subsection (4)(a) of this section.

(e) "Light-weight truck" means a truck with a declared empty vehicle weight of less than or equal to sixteen thousand pounds.

(f) "Motorcycle" has the meaning set forth in section 42-1-102 (55).

(g) "Motor vehicle" has the meaning set forth in section 42-1-102 (58).

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

(i) (I) "Pass fee" means the annual pass fee or fees that the commission, by rule, sets pursuant to subsection (5)(a)(I)(A) of this section.

(II) "Pass fee" includes the reduced pass fee or fees that the commission, by rule, sets pursuant to subsection (5)(a)(I)(B) of this section.

(j) "Recreational vehicle" has the same meaning as "noncommercial or recreational vehicle" as set forth in section 42-1-102 (61).

(k) "Registration" refers to the registration of a vehicle with the department of revenue, as required by section 42-3-103.

(l) "Truck" has the meaning set forth in section 42-1-102 (108).

(m) "Wildlife cash fund" means the wildlife cash fund created in section 33-1-112 (1)(a).

(4) (a) The division shall develop a keep Colorado wild pass as an annual state parks and public lands pass for a motor vehicle and that provides access to any Colorado state park or other participating public lands.

(b) Commencing no earlier than January 1, 2023, but no later than January 1, 2024, a keep Colorado wild pass fee shall be assessed at the time of registering a motor vehicle that:

(I) Is not a commercial vehicle; and

(II) Is a passenger motor vehicle, light-weight truck, motorcycle, or recreational vehicle.

(c) (I) A person registering a type of motor vehicle listed in subsection (4)(b)(II) of this section who has been assessed the pass fee may decline to purchase the pass and not pay the fee when making payment during the motor vehicle registration process. Nonpayment of the pass fee does not affect a person's ability to register the motor vehicle.

(II) If a person declines to pay the pass fee or otherwise fails to pay the pass fee, it shall be presumed that the person will decline to pay the pass fee in future years in which the person registers the motor vehicle, and the division, in collaboration with the division of motor vehicles in the department of revenue, shall develop an opt-in provision to be displayed on any subsequent notifications sent to the person regarding that motor vehicle.

(III) If a person declines to pay the pass fee or otherwise fails to pay the pass fee, the person may obtain a state parks pass from the division or, pursuant to section 33-12-104, from a pass and registration agent to enter a state park.

(d) (I) The pass fee shall be assessed when one of the motor vehicles listed in subsection (4)(b)(II) of this section is registered as required by article 3 of title 42. Each authorized agent shall remit to the department of revenue no less frequently than once a month all pass fees collected by the authorized agent. The executive director of the department of revenue shall transmit all pass fees remitted by authorized agents plus any pass fees collected directly by the department of revenue, minus the direct and indirect costs for the collection and transmission of the pass fee as incurred by the department of revenue and its authorized agents and as annually appropriated by the general assembly, to the state treasurer no less frequently than once a month, and the state treasurer shall credit the fees to the specified funds in accordance with subsection (4)(e) of this section.

(II) Any money that the department of revenue receives and transmits to the state treasurer pursuant to subsection (4)(d)(I) of this section and the state treasurer credits to the parks and outdoor recreation cash fund, the wildlife cash fund, or the backcountry search and rescue fund pursuant to subsections (4)(e)(I)(A), (4)(e)(II), and (4)(e)(I)(B) of this section:

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

(B) 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 parks and outdoor recreation cash fund, the wildlife cash fund, and the backcountry search and rescue fund administered by the division; and

(C) 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, or use.

(e) The state treasurer shall credit the pass fees that the executive director of the department of revenue transmits pursuant to subsection (4)(d) of this section in each state fiscal year as follows:

(I) The first thirty-six million dollars shall be allocated as follows:

(A) Thirty-two million five hundred thousand dollars to the parks and outdoor recreation cash fund for state parks maintenance in furtherance of the goals set forth in subsections (2)(a)(IV)(A) and (2)(a)(IV)(B) of this section;

(B) Two million five hundred thousand dollars to the backcountry search and rescue fund created in section 33-1-112.5 (1) in furtherance of the goal set forth in subsection (2)(a)(IV)(C) of this section; and

(C) One million dollars to the Colorado avalanche information center fund created in section 24-33-116 (2)(c) in furtherance of the goal set forth in subsection (2)(a)(IV)(D) of this section; and

(II) After making the allocations under subsection (4)(e)(I) of this section, the state treasurer shall credit one-half of any remaining money to the wildlife cash fund and one-half of any remaining money to the parks and outdoor recreation cash fund in furtherance of the goals set forth in subsections (2)(a)(IV)(E) to (2)(a)(IV)(J) of this section.

(f) On an annual basis after the first year in which the pass is offered, the commission shall determine and inform the state treasurer of an increased allocation of the money collected from the pass fee to be credited pursuant to subsection (4)(e) of this section to the following funds to reflect an adjustment based on a change to 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:

(I) The parks and outdoor recreation cash fund to which fees are credited pursuant to subsection (4)(e)(I)(A) of this section;

(II) The backcountry search and rescue fund to which fees are credited pursuant to subsection (4)(e)(I)(B) of this section; and

(III) The Colorado avalanche information center fund to which fees are credited pursuant to subsection (4)(e)(I)(C) of this section.

(5) (a) (I) The commission shall adopt rules regarding the pass, including rules:

(A) Setting the pass fee at an amount that is no more than one-half of the fee that the commission sets for an annual state parks pass for a motor vehicle pursuant to section 33-10-107 (1)(h);

(B) Establishing a reduced pass fee for income-eligible households in consultation with organizations that represent households and communities with limited resources and developing a process for demonstrating income eligibility to the division; and

(C) Establishing a process to allow a person who enters a state park or other participating public land by means other than by a motor vehicle to demonstrate that the person is a pass holder.

(II) The pass fee and reduced pass fee and instructions on how to apply for the reduced pass fee, established by rule pursuant to subsection (5)(a)(I) of this section, must be posted on the division's public website and on the division of motor vehicle's public website.

(b) The commission may also set by rule:

(I) A process for applying to the pass one or more discounts or fee waivers authorized in statute or by commission rule, including the passes authorized under sections 33-12-103 (1)(a) and 33-12-103.5 (2) and the free entry authorized under sections 33-12-103.5 (2.5), 33-12-103.7, and 33-12-106; and

(II) A separate fee that is not subject to the limitation set forth in subsection (5)(a)(I)(A) of this section for a pass that may be purchased from the division, and not through motor vehicle registration, including a separate pass fee for:

(A) Nonresidents;

(B) Residents who decline to purchase the pass pursuant to subsection (4)(c) of this section; and

(C) Residents who do not possess a type of motor vehicle listed in subsection (4)(b)(II) of this section.

(6) In collaboration with the department of revenue, the division shall develop language to notify a person about the pass and the pass fee, including explicit language regarding a person's ability to decline to pay the pass fee and the fact that nonpayment of the pass fee will not affect the person's ability to register a motor vehicle. The notification language developed must be conspicuously placed:

(a) On notifications regarding registration of a motor vehicle of a type listed in subsection (4)(b) of this section;

(b) On the division's public website; and

(c) On the division of motor vehicle's public website.

(7) In collaboration with the department of revenue, county clerks, and other stakeholders and beginning at least six months before implementing the pass, the division shall conduct a public outreach campaign to educate the public about:

(a) The availability of the pass through the motor vehicle registration process; and

(b) The access to state parks and other public lands that the pass will provide to pass holders.
C.R.S. § 33-2-105.8 — CO Code / Title 33 / Article 2 / Section 33-2-105.8
33-2-105.8. Reintroduction of gray wolves on designated lands west of the continental divide
Status: in_force

33-2-105.8. Reintroduction of gray wolves on designated lands west of the continental divide - public input in commission development of restoration plan - compensation to owners of livestock - definitions. (1) The voters of Colorado find and declare that:

(a) Historically, wolves were an essential part of the wild habitat of Colorado but were exterminated and have been functionally extinct for seventy-five years in the state;

(b) The gray wolf is listed as an endangered species on the commission's list of endangered or threatened species;

(c) Once restored to Colorado, gray wolves will help restore a critical balance in nature; and

(d) Restoration of the gray wolf to the state must be designed to resolve conflicts with persons engaged in ranching and farming in this state.

(2) Notwithstanding any provision of state law to the contrary, including section 33-2-105.5 (2), and in order to restore gray wolves to the state, the commission shall:

(a) Develop a plan to restore and manage gray wolves in Colorado, using the best scientific data available;

(b) Hold statewide hearings to acquire information to be considered in developing such plan, including scientific, economic, and social considerations pertaining to such restoration;

(c) Periodically obtain public input to update such plan;

(d) Take the steps necessary to begin reintroductions of gray wolves by December 31, 2023, only on designated lands; and

(e) Oversee gray wolf restoration and management, including the distribution of state funds that are made available to:

(I) Assist owners of livestock in preventing and resolving conflicts between gray wolves and livestock; and

(II) Pay fair compensation to owners of livestock for any losses of livestock caused by gray wolves, as verified pursuant to the claim procedures authorized by sections 33-3-107 to 33-3-110.

(3) (a) The commission's plan must comply with section 33-2-105.7 (2), (3), and (4) and must include:

(I) The selection of donor populations of gray wolves;

(II) The places, manner, and scheduling of reintroductions of gray wolves by the division, with such reintroductions being restricted to designated lands;

(III) Details for the restoration and management of gray wolves, including actions necessary or beneficial for establishing and maintaining a self-sustaining population, as authorized by section 33-2-104; and

(IV) Methodologies for determining when the gray wolf population is sustaining itself successfully and when to remove the gray wolf from the list of endangered or threatened species, as provided for in section 33-2-105 (2).

(b) The commission shall not impose any land, water, or resource use restrictions on private landowners in furtherance of the plan.

(4) In furtherance of this section and the expressed intent of voters, the general assembly:

(a) Shall make such appropriations as are necessary to fund the programs authorized and obligations imposed by this section, including fair compensation for livestock losses that are authorized by this section; and

(b) May adopt such other legislation as will facilitate the implementation of the restoration of gray wolves to Colorado.

(4.5) (a) For purposes of implementing and administering this section, the general assembly shall appropriate money to the division or otherwise authorize the division to expend money from one or more of the following funds:

(I) The general fund;

(II) The species conservation trust fund created in section 24-33-111 (2)(a);

(III) The Colorado nongame conservation and wildlife restoration cash fund created in section 33-1-125; or

(IV) The wildlife cash fund created in section 33-1-112 (1); except that any money within the wildlife cash fund that is generated from the sale of hunting and fishing licenses or from associated federal grants is not available for appropriation under this section.

(b) The lack of an appropriation from the general fund shall not halt reintroduction of gray wolves as required under subsection (2)(d) of this section.

(c) The division may solicit, accept, and expend any grants, gifts, sponsorships, contributions, donations, and bequests, including federal funds, for the purpose of implementing and administering this section.

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

(a) "Designated lands" means those lands west of the continental divide in Colorado that the commission determines are consistent with its plan to restore and manage gray wolves.

(b) "Gray wolf" means nongame wildlife of the species canis lupus.

(c) "Livestock" means cattle, horses, mules, burros, sheep, lambs, swine, llama, alpaca, and goats.

(d) "Restore" or "restoration" means any reintroduction, as provided for in section 33-2-105.7 (1)(a), as well as post-release management of the gray wolf in a manner that fosters the species' capacity to sustain itself successfully.
C.R.S. § 33-44-109 — CO Code / Title 33 / Article 44 / Section 33-44-109
33-44-109. Duties of skiers - penalties
Status: in_force

33-44-109. Duties of skiers - penalties. (1) Each skier solely has the responsibility for knowing the range of his own ability to negotiate any ski slope or trail and to ski within the limits of such ability. Each skier expressly accepts and assumes the risk of and all legal responsibility for any injury to person or property resulting from any of the inherent dangers and risks of skiing; except that a skier is not precluded under this article from suing another skier for any injury to person or property resulting from such other skier's acts or omissions. Notwithstanding any provision of law or statute to the contrary, the risk of a skier/skier collision is neither an inherent risk nor a risk assumed by a skier in an action by one skier against another.

(2) Each skier has the duty to maintain control of his speed and course at all times when skiing and to maintain a proper lookout so as to be able to avoid other skiers and objects. However, the primary duty shall be on the person skiing downhill to avoid collision with any person or objects below him.

(3) No skier shall ski on a ski slope or trail that has been posted as "Closed" pursuant to section 33-44-107 (2)(e) and (4).

(4) Each skier shall stay clear of snow-grooming equipment, all vehicles, lift towers, signs, and any other equipment on the ski slopes and trails.

(5) Each skier has the duty to heed all posted information and other warnings and to refrain from acting in a manner which may cause or contribute to the injury of the skier or others. Each skier shall be presumed to have seen and understood all information posted in accordance with this article near base area lifts, on the passenger tramways, and on such ski slopes or trails as he is skiing. Under conditions of decreased visibility, the duty is on the skier to locate and ascertain the meaning of all signs posted in accordance with sections 33-44-106 and 33-44-107.

(6) Each ski or snowboard used by a skier while skiing shall be equipped with a strap or other device capable of stopping the ski or snowboard should the ski or snowboard become unattached from the skier. This requirement shall not apply to cross country skis.

(7) No skier shall cross the uphill track of a J-bar, T-bar, platter pull, or rope tow except at locations designated by the operator; nor shall a skier place any object in such an uphill track.

(8) Before beginning to ski from a stationary position or before entering a ski slope or trail from the side, the skier shall have the duty of avoiding moving skiers already on the ski slope or trail.

(9) No person shall move uphill on any passenger tramway or use any ski slope or trail while such person's ability to do so is impaired by the consumption of alcohol or by the use of any controlled substance, as defined in section 18-18-102 (5), C.R.S., or other drug or while such person is under the influence of alcohol or any controlled substance, as defined in section 18-18-102 (5), C.R.S., or other drug.

(10) No skier involved in a collision with another skier or person in which an injury results shall leave the vicinity of the collision before giving his or her name and current address to an employee of the ski area operator or a member of the ski patrol, except for the purpose of securing aid for a person injured in the collision; in which event the person so leaving the scene of the collision shall give his or her name and current address as required by this subsection (10) after securing such aid.

(11) No person shall knowingly enter upon public or private lands from an adjoining ski area when such land has been closed by its owner and so posted by the owner or by the ski area operator pursuant to section 33-44-107 (6).

(12) (a) Any person who violates subsection (3), (9), or (11) of this section commits a civil infraction and shall be punished by a fine of not more than one thousand dollars.

(b) Any person who violates subsection (10) of this section commits a petty offense.
C.R.S. § 33-3-102 — CO Code / Title 33 / Article 3 / Part 1 / Section 33-3-102
33-3-102. State's liability for damage
Status: in_force

33-3-102. State's liability for damage. The state of Colorado is liable for certain damages caused by wildlife, but only to the extent provided in this article.
C.R.S. § 33-1-116 — CO Code / Title 33 / Article 1 / Section 33-1-116
33-1-116. Powers of director of United States fish and wildlife service
Status: in_force

33-1-116. Powers of director of United States fish and wildlife service. The director of the United States fish and wildlife service and his duly authorized agents have the right within this state to conduct fish hatching and fish culture activities and all other operations connected therewith that the said director may consider necessary and proper. Nothing in sections 33-1-116 to 33-1-119 shall be construed as permitting or granting to the said director or his duly authorized agents any jurisdiction over or the right to interfere with the activities or facilities of the division, nor shall anything in said sections be construed as contravening any of the laws of this state relating to public health, pollution, or water rights.
C.R.S. § 33-3-201 — CO Code / Title 33 / Article 3 / Part 2 / Section 33-3-201
33-3-201. Scope of part - definitions
Status: in_force

33-3-201. Scope of part - definitions. (1) This part 2 shall govern claims for damage arising from the foraging of wild ruminants on privately owned or leased private land and for which damage the state is liable under section 33-3-104 (1)(d). Except where inconsistent with a specific provision of this part 2, the provisions of part 1 of this article shall also apply to such claims.

(2) For purposes of this part 2, "wild ruminants" includes elk and other ruminants within the definition of big game as set forth in section 33-1-102 (2).
C.R.S. § 33-12.5-103 — CO Code / Title 33 / Article 12.5 / Section 33-12.5-103
33-12.5-103. Powers of the commission
Status: in_force

33-12.5-103. Powers of the commission. (1) The commission has the authority, consistent with section 33-12.5-102, to regulate the manner, type, time, location, and amount of recreational and commercial use on that portion of the Arkansas river that runs from the confluence of the Lake Fork and the East Fork of the Arkansas river to the Pueblo reservoir.

(2) Subject to section 33-12.5-102, the commission also has the authority to enter into agreements with municipalities, water conservancy districts, and private individuals to effect reservoir operation in order to provide water flows beneficial to recreation and consistent with section 33-12.5-104.

(3) The commission shall, to the maximum extent possible but consistent with section 33-12.5-102, keep the regulation of the recreational uses of the Arkansas river to a minimum.
C.R.S. § 33-3-107 — CO Code / Title 33 / Article 3 / Part 1 / Section 33-3-107
33-3-107. Claims procedure
Status: in_force

33-3-107. Claims procedure. (1) When any person has sustained damages to property caused by any wildlife, he shall notify the division of such damages within ten days after the discovery thereof. In the case of recurring damage, the division shall be notified within ten days after the discovery of each new or different occurrence of damage.

(2) Proof of loss forms shall be filed within ninety days after the last notice of loss is submitted to the division under subsection (1) of this section. The division, within thirty days after the filing of such proof of loss forms, shall make an investigation of the alleged loss, and, where possible, shall attempt to reach an agreement with the claimant upon an amount of settlement. The commission may review settlement agreements between the division and the claimant and may disapprove any settlement which it finds to be unreasonable; but said review is not required in every case and the commission may determine that it will review only certain categories of settlements or that it will not review any settlements. The commission shall review all claims which the division recommends for denial and all claims upon which the division and claimant are unable to reach a settlement; except that a claimant whose claim is within the monetary jurisdictional limitations of the small claims division of county court may waive such review by the commission and commence an action which shall entitle such claimant to a trial de novo in the small claims division of the county court of the county in which the damage or any portion thereof is alleged to have occurred. Such waiver shall be in writing and shall be mailed to the commission within ten days after such claimant receives notification from the division of the denial of his claim, or within ten days after the claimant receives from the division an offer of settlement unacceptable to such claimant. The division may be represented by a full-time employee in small claims court.

(2.5) For payment to a claimant, the controller shall draw a warrant upon a voucher approved by the division and the state treasurer shall pay the amount of settlement out of the wildlife cash fund.

(3) The division shall furnish forms to be used for the notice and proof of loss required under this section.
C.R.S. § 33-4-104.5 — CO Code / Title 33 / Article 4 / Section 33-4-104.5
33-4-104.5. Free licenses issued - first responders with a permanent occupational disability
Status: in_force

33-4-104.5. Free licenses issued - first responders with a permanent occupational disability - definition. (1) Any resident of the state who is a first responder with a permanent occupational disability may obtain from the division, free of charge, a lifetime resident combination small game hunting and fishing license.

(2) For purposes of this section, "first responder with a permanent occupational disability" means an individual who is a resident, as defined in section 33-1-102 (38), and:

(a) Is a retired member of the fire and police pension association, as defined in section 31-31-102 (6), who has established to the division that he or she has been found to have, as the result of an injury received while performing official duties or an occupational disease arising out of and in the course of performing official duties, a permanent occupational disability, as defined in section 31-31-801 (3.2), by the fire and police pension association; or

(b) Served as a peace officer, as defined in section 16-2.5-101, or as a firefighter, as defined in section 29-5-203 (10), and has established to the division that he or she has, as the result of an injury received while performing official duties or an occupational disease arising out of and in the course of performing official duties, a permanent occupational disability as defined in section 31-31-801 (3.2).
C.R.S. § 33-12.5-102 — CO Code / Title 33 / Article 12.5 / Section 33-12.5-102
33-12.5-102. Legislative declaration
Status: in_force

33-12.5-102. Legislative declaration. The general assembly recognizes that the Arkansas river is a major recreation attraction and a vital resource for residents and nonresidents alike and hereby declares that it is the policy of this state to safeguard the recreational quality of the Arkansas river and the adjacent lands by granting the commission the authority to regulate recreational use on the Arkansas river. It is not the intent of the general assembly to in any way interfere with private landowner rights along the river or with the determination, administration, or change of water rights in the drainage of the Arkansas river and its tributaries and the legal utilization thereof.
C.R.S. § 33-9-109 — CO Code / Title 33 / Article 9 / Part 1 / Section 33-9-109
33-9-109. Funds - appropriations to former divisions in 2011 general appropriations act
Status: repealed

33-9-109. Funds - appropriations to former divisions in 2011 general appropriations act. (1) Nothing in this article alters or affects funds previously administered by the former wildlife commission or the former board of parks and outdoor recreation; except that the parks and wildlife commission shall administer such funds.

(2) The commission shall adopt policies, procedures, or accounting methods to ensure transparency and prevent the unauthorized commingling or impermissible use of moneys in distinct funds, to ensure that moneys are expended consistent with the purposes for which they are received, collected, or appropriated, and to ensure that appropriate records are maintained for audit purposes.

(3) (a) The commission shall segregate all moneys received pursuant to section 3 (1)(b)(II) of article XXVII of the state constitution from all other moneys and shall spend these moneys solely for development and improvement of new and existing state parks, recreation areas, and recreational trails.

(b) The commission shall segregate all moneys received pursuant to section 5 (1)(a)(I) of article XXVII of the state constitution and spend these moneys solely for investments in the wildlife resources of Colorado, including the protection and restoration of crucial wildlife habitats, appropriate programs for maintaining Colorado's diverse wildlife heritage, wildlife watching, and educational programs about wildlife and wildlife environment, consistent with the purposes set forth under section 1 (1)(a) of article XXVII.

(c) The commission shall segregate all moneys received pursuant to section 5 (1)(a)(II) of article XXVII of the state constitution and spend these moneys solely for investments in the outdoor recreation resources of Colorado, including the state parks system, trails, public information and environmental education resources, and water for recreational facilities, consistent with the purposes set forth under section 1 (1)(a) of article XXVII.

(4) Repealed.
C.R.S. § 33-1-124 — CO Code / Title 33 / Article 1 / Section 33-1-124
33-1-124. Revenue bonds - authority - issuance - requirements - covenants
Status: in_force

33-1-124. Revenue bonds - authority - issuance - requirements - covenants. (1) (a) The commission may, by resolution that meets the requirements of subsection (2) of this section, authorize and issue revenue bonds in an amount not to exceed ten million dollars in the aggregate for expenses of the division. Such bonds may be issued only after approval by both houses of the general assembly acting either by bill or joint resolution and after approval by the governor in accordance with section 39 of article V of the state constitution. Such bonds shall be payable only from moneys allocated to the division for expenses of the division pursuant to section 33-1-112.

(b) All bonds issued by the commission shall provide that:

(I) No holder of any such bond may compel the state or any subdivision thereof to exercise its appropriation or taxing power; and

(II) The bond does not constitute a debt of the state and is payable only from the net revenues allocated to the division for expenses as designated in such bond.

(2) (a) Any resolution authorizing the issuance of bonds under the terms of this section shall state:

(I) The date of issuance of the bonds;

(II) A maturity date or dates during a period not to exceed thirty years from the date of issuance of the bonds;

(III) The interest rate or rates on, and the denomination or denominations of, the bonds; and

(IV) The medium of payment of the bonds and the place where the bonds will be paid.

(b) Any resolution authorizing the issuance of bonds under the terms of this section may:

(I) State that the bonds are to be issued in one or more series;

(II) State a rank or priority of the bonds; and

(III) Provide for redemption of the bonds prior to maturity, with or without premium.

(3) Any bonds issued pursuant to the terms of this section may be sold at public or private sale. If bonds are to be sold at a public sale, the commission shall advertise the sale in such manner as the commission deems appropriate. All bonds issued pursuant to the terms of this section shall be sold at a price not less than the par value thereof, together with all accrued interest to the date of delivery.

(4) Notwithstanding any provisions of law to the contrary, all bonds issued pursuant to this section are negotiable.

(5) (a) A resolution pertaining to issuance of bonds under this section may contain covenants as to:

(I) The purpose to which the proceeds of sale of the bonds may be applied and to the use and disposition thereof;

(II) Such matters as are customary in the issuance of revenue bonds including, without limitation, the issuance and lien position of other or additional bonds; and

(III) Books of account and the inspection and audit thereof.

(b) Any resolution made pursuant to the terms of this section shall be deemed a contract with the holders of the bonds, and the duties of the commission under such resolution shall be enforceable by any appropriate action in a court of competent jurisdiction.

(6) Bonds issued under this section and bearing the signatures of the commission in office on the date of the signing shall be deemed valid and binding obligations regardless of whether, prior to delivery and payment, any or all of the persons whose signatures appear thereon have ceased to be members of the commission.

(7) (a) Except as otherwise provided in the resolution authorizing the bonds, all bonds of the same issue under this section shall have a prior and paramount lien on the net revenues pledged therefor. The commission may provide for preferential security for any bonds, both principal and interest, to be issued under this section to the extent deemed feasible and desirable by such commission over any bonds that may be issued thereafter.

(b) Bonds of the same issue or series issued under this section shall be equally and ratably secured, without priority by reason of number, date, sale, execution, or delivery, by a lien on the net revenue pledged in accordance with the terms of the resolution authorizing the bonds.
C.R.S. § 33-6-115 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-115
33-6-115. Theft of wildlife - tampering with trap
Status: in_force

33-6-115. Theft of wildlife - tampering with trap. (1) It is unlawful for any person to take from another person, without his permission, any wildlife lawfully acquired and possessed by him. Any person who violates this subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars and an assessment of twenty license suspension points. Any person having wildlife taken from him unlawfully as prohibited in this subsection (1) shall be entitled to compensation as ordered by the court.

(2) It is unlawful for any person to interfere with, disturb, remove, or otherwise tamper with any trap, snare, or other device that has been legally set. Any person who violates this subsection (2) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of ten license suspension points.
C.R.S. § 33-60-108 — CO Code / Title 33 / Article 60 / Section 33-60-108
33-60-108. Bonds
Status: in_force

33-60-108. Bonds. (1) The trust fund board may, from time to time, issue bonds to finance any expenditure to address urgent and permanent land acquisition priorities, including the acquisition of perpetual conservation easements, that may be made from the trust fund. The bonds shall be issued pursuant to a resolution of the trust fund board and shall be payable solely out of all or any portion of the moneys deposited or to be deposited into the trust fund as specified by the trust fund board.

(2) As provided in the resolution of the trust fund board under which the bonds are authorized to be issued or as provided in a trust indenture between the trust fund board and any commercial bank or trust company having trust powers, the bonds may:

(a) Be executed and delivered by the trust fund board at such times as may be provided in the resolution or indenture;

(b) Be in such form and denominations and include such terms and maturities as may be provided in the resolution or indenture;

(c) Be subject to optional or mandatory redemption prior to maturity with or without a premium;

(d) Be in fully registered form or bearer form registrable as to principal or interest or both or be in the form of coupon bonds that have attached interest coupons bearing a manual or facsimile signature of an officer of the trust fund board;

(e) Bear such conversion privileges as may be provided in the resolution or indenture;

(f) Be payable in such installments and at such times not exceeding twenty years from the date thereof;

(g) Be payable at such place or places whether within or without the state;

(h) Bear interest at such rate or rates per annum, which may be fixed or vary according to index, procedure, or formula, or as determined by the trust fund board or its agents, without regard to any interest rate limitation appearing in any other law of the state;

(i) Be subject to purchase at the option of the holder or the trust fund board and evidenced in such manner;

(j) Be executed by the officers of the trust fund board, including the use of one or more facsimile signatures so long as at least one manual signature appears on the bonds, which signatures may be either of an officer of the trust fund board or of an agent authenticating the same; and

(k) Contain such other provisions not inconsistent with this article.

(3) The bonds may be sold at public or private sale at such price, in such manner, and at such times as determined by the trust fund board, and the trust fund board may pay all fees, expenses, and commissions that it deems necessary or advantageous in connection with the sale of the bonds. The power to fix the date of sale of the bonds, to receive bids or proposals, to award and sell bonds, to fix interest rates, and to take all other action necessary to sell and deliver the bonds may be delegated to an officer or agent of the trust fund board. Any outstanding bonds may be refunded by the trust fund board pursuant to article 56 of title 11, C.R.S. All bonds and any interest coupons applicable thereto are declared to be negotiable instruments. The trust fund board may apply any or all of the provisions of articles 55 and 57 of title 11, C.R.S., in connection with the issuance of the bonds.

(4) The resolution or trust indenture authorizing the issuance of the bonds may pledge all or any portion of the moneys deposited or to be deposited into the trust fund, may contain such provisions for protecting and enforcing the rights and remedies of holders of any of the bonds as the trust fund board deems appropriate, may set forth the rights and remedies of the holders of any of the bonds, and may contain provisions that the trust fund board deems appropriate for the security of the holders of the bonds, including, but not limited to, provisions for letters of credit, insurance, standby credit agreements, or other forms of credit ensuring timely payment of the bonds, including the redemption price or the purchase price.

(5) Any pledge of moneys, revenues, or property for the payment of the bonds made by the trust fund board or by any other person shall be valid and binding from the time the pledge is made. The pledge shall be valid and binding as of the time it is made and the moneys, revenues, or property so pledged shall immediately be subject to the lien of the pledge without any physical delivery, filing, or further act. The lien of the pledge and the obligations of the trust fund board and any other person to perform the contractual provisions made in the instrument authorizing the issuance of the bonds shall be valid and binding against all persons having claims of any kind in tort, contract, or otherwise against the trust fund board and any other person, irrespective of whether such claiming party has notice of such lien and irrespective of whether such instrument is recorded or filed, and shall, except as otherwise provided in the instrument authorizing the issuance of the bonds or making the pledge, have priority over any and all obligations and liabilities of the trust fund board. The creation, perfection, enforcement, and priority of the pledge of money, revenues, or property for the payment of the bonds shall be governed by this article and the instrument authorizing the issuance of the bonds.

(6) None of the directors or employees of the trust fund board or any person executing the bonds shall be liable personally on the bonds or subject to any personal liability or accountability by reason of the issuance thereof.

(7) The trust fund board may purchase its bonds out of any available funds and may hold, pledge, cancel, or resell the bonds subject to and in accordance with agreements with the holders thereof.
C.R.S. § 33-32-105.5 — CO Code / Title 33 / Article 32 / Section 33-32-105.5
33-32-105.5. Minimum qualifications of guides, trip leaders, and guide instructors
Status: in_force

33-32-105.5. Minimum qualifications of guides, trip leaders, and guide instructors. (1) Individuals providing the services of guides, trip leaders, or guide instructors shall have the following minimum qualifications and such additional qualifications as the commission may establish by rule:

(a) Guides shall be eighteen years of age or older, possess a valid standard first-aid card, be trained in cardiopulmonary resuscitation, and have fifty hours of training on the river as a guide from a qualified guide instructor.

(b) Trip leaders shall be eighteen years of age or older, possess a valid standard first-aid card, be trained in cardiopulmonary resuscitation, and have logged at least five hundred river miles, of which at least two hundred fifty river miles shall have been logged while acting as a qualified guide and no more than two hundred fifty river miles shall have been logged while acting as a guide on nonregulated trips. Miles from nonregulated trips shall be documented and signed by the trip leader under penalty of perjury, and the licensee shall retain the documents during the term of the trip leader's employment.

(c) Guide instructors shall be eighteen years of age or older, possess a valid standard first-aid card, be trained in cardiopulmonary resuscitation, and have logged at least fifteen hundred river miles, of which at least seven hundred fifty river miles shall have been logged while acting as a qualified guide.

(2) (Deleted by amendment, L. 2010, (HB 10-1221), ch. 353, p. 1642, § 7, effective August 11, 2010.)
C.R.S. § 33-5-102 — CO Code / Title 33 / Article 5 / Section 33-5-102
33-5-102. Projects affecting streams - submission of plans
Status: in_force

33-5-102. Projects affecting streams - submission of plans. No agency of the state, referred to in this article as an "applicant", shall obstruct, damage, diminish, destroy, change, modify, or vary the natural existing shape and form of any stream or its banks or tributaries by any type of construction without first notifying the commission of such planned construction. Such notice shall be on forms furnished by the commission and shall be submitted not less than ninety days prior to the date of the commencement of planned construction. The notice shall include detailed plans and specifications of so much of the project as may or will affect, as set forth in this section, any stream.
C.R.S. § 33-1-101 — CO Code / Title 33 / Article 1 / Section 33-1-101
33-1-101. Legislative declaration
Status: in_force

33-1-101. Legislative declaration. (1) It is the policy of the state of Colorado that the wildlife and their environment are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and its visitors. It is further declared to be the policy of this state that there shall be provided a comprehensive program designed to offer the greatest possible variety of wildlife-related recreational opportunity to the people of this state and its visitors and that, to carry out such program and policy, there shall be a continuous operation of planning, acquisition, and development of wildlife habitats and facilities for wildlife-related opportunities.

(2) All wildlife within this state not lawfully acquired and held by private ownership is declared to be the property of this state. Right, title, interest, acquisition, transfer, sale, importation, exportation, release, donation, or possession of wildlife is permitted only as provided in articles 1 to 6 of this title or in any rule of the parks and wildlife commission.

(3) In order to foster the welfare of the inhabitants of the state of Colorado, it is further declared to be the policy of this state to protect and encourage full development of absolute and conditional water rights created under state law and to develop and maximize the beneficial use of the waters to which Colorado and its citizens are entitled under interstate compacts.

(3.5) (a) The general assembly hereby finds, determines, and declares that it supports the recommendation of the Lower Arkansas river commission in its plan dated March 25, 1993, to protect and enhance fish and wildlife resources at the Great Plains Reservoirs, and further finds that a joint funding effort, which includes funds appropriated from the wildlife cash fund created in section 33-1-112 to carry out such recommendation, would further the public interest by establishing recreational opportunities in southeastern Colorado.

(b) The general assembly further declares that the joint funding effort described in paragraph (a) of this subsection (3.5) shall not be solely a division responsibility and that the appropriation from the wildlife cash fund shall be used to maximize matching funds from other sources to ensure full implementation of the recommendation.

(4) The state shall utilize hunting, trapping, and fishing as the primary methods of effecting necessary wildlife harvests.

(5) The general assembly declares that it is the policy of the state to prosecute persons who violate multiple provisions of this title 33 for each violation that contains unique elements.
C.R.S. § 33-3-103.5 — CO Code / Title 33 / Article 3 / Part 1 / Section 33-3-103.5
33-3-103.5. Game damage prevention materials - definitions
Status: in_force

33-3-103.5. Game damage prevention materials - definitions. (1) This section shall be applicable in determining the liability of the state under paragraph (e) of subsection (3) of this section and section 33-3-103 (1)(d) and (1)(e).

(2) (a) (I) Every landowner shall be eligible to receive sufficient and appropriate temporary game damage prevention materials pursuant to this section.

(II) Permanent game damage prevention materials shall be available only to a landowner who does not unreasonably restrict hunting of species likely to cause damage on land under the landowner's control or restrict the hunting of species likely to cause damage on any other lands by restricting access across lands under the landowner's control, and:

(A) Who charges not more than five hundred dollars per person, per season, for big game hunting access on or across the landowner's property; or

(B) Who charges a fee in excess of five hundred dollars per person, per season, for big game hunting access on or across the landowner's property, if the landowner has requested and been denied game damage prevention materials from the habitat partnership program created in section 33-1-110 (8) and the division determines that excessive game damage is occurring, and may continue to occur in the future.

(III) The division shall not deny a landowner game damage claims or game damage prevention materials on the grounds that the landowner received a voucher pursuant to the wildlife conservation landowner hunting preference program for wildlife habitat improvement under section 33-4-103.

(IV) As used in this section:

(A) "Temporary game damage prevention materials" means materials of an adequate substance that are utilized to protect private property for a period of time agreed upon by the landowner and the division. Such materials may include, but are not limited to, transferable panels or pyrotechnics.

(B) "Permanent game damage prevention materials" means materials of an adequate substance that are erected in such a way to protect private property for the expected normal life of the materials. The normal life of the materials shall be as specified in a written agreement between the landowner and the division.

(b) The division has the responsibility to supply useable, sufficient, and appropriate game damage prevention materials to a requesting landowner, and the landowner shall keep such materials in good repair throughout their normal life, if such materials have not been destroyed or damaged by wildlife.

(3) (a) The division shall respond to a landowner making an inquiry related to game damage within two business days after receiving the inquiry.

(b) (I) Within five business days after receiving a request for game damage prevention materials, the division shall consult with the landowner to discuss the sufficient and appropriate materials to prevent or mitigate the game damage. Temporary game damage prevention materials shall be delivered to the landowner within fifteen business days after the consultation, unless otherwise agreed to by the division and the landowner.

(II) For a landowner eligible to receive permanent game damage prevention materials pursuant to subparagraph (II) of paragraph (a) of subsection (2) of this section, such materials shall be provided within forty-five days after the date that the landowner makes the initial request for the materials.

(c) The division shall deliver game damage prevention materials to the specific site as directed by the landowner, if such delivery may be made by truck.

(d) When agreed upon by the landowner, the division may construct permanent stackyards or orchard fencing in those areas of high wildlife damage potential within the limitations of appropriation by the general assembly for that purpose.

(e) (I) If the division does not provide game damage prevention materials within the amount of time established by paragraph (b) of this subsection (3), the division shall have the sole responsibility to supply and erect the damage prevention materials, and the state shall be liable for game damages incurred on and after the date by which the division should have provided the game damage prevention materials.

(II) When erecting game damage prevention materials pursuant to subparagraph (I) of this paragraph (e), the division may use division employees, individuals under contract to the division, or voluntary workers. If the division uses voluntary workers to assist in erecting game damage prevention materials, the division shall keep in force workers' compensation insurance as necessary to protect the landowner from liability resulting from injuries or death of said voluntary workers while engaged in the erection of such game damage prevention materials. If the division uses contract workers to assist in erecting game damage prevention materials as provided in this section, the division shall require the contractor to provide evidence of workers' compensation insurance as necessary to protect the landowner from liability resulting from injuries or death of said contract workers while engaged in the erection of such game damage prevention materials.

(4) If the game damage prevention materials that the division provides to a landowner fail to prevent game damage due to insufficiency or inappropriateness of such materials, or if the division's insufficient or inappropriate erection of such materials fail to prevent game damage, the state shall be liable for damages caused by such materials or erection.
C.R.S. § 33-10-109 — CO Code / Title 33 / Article 10 / Section 33-10-109
33-10-109. Powers and duties of director
Status: repealed

33-10-109. Powers and duties of director. (1) It is the duty of the director to:

(a) Appoint such personnel, subject to the provisions of section 13 of article XII of the state constitution, as are necessary for the efficient operation of the division, including such personnel designated as parks and recreation officers. An employee of the division may be certified as a parks and recreation officer by the issuance of a parks and recreation officer law enforcement card. The commission card, signed by the director, shall evidence that such parks and recreation officer has satisfied the certification requirements established by the division, including basic certification from the peace officers standards and training board. Certified parks and recreation officers shall have the power to enforce the provisions of articles 10 to 15 and 32 of this title relating to parks and outdoor recreation areas and shall cooperate with the division of parks and wildlife in the enforcement of laws, rules, and regulations.

(b) Exercise general supervisory control over all activities, functions, and employees of the division;

(c) Repealed.

(d) Prepare such reports as the executive director requires the commission or director to submit;

(e) Authorize, with approval of the commission, such studies as are necessary to collect, classify, and disseminate statistics, data, and other information which, in the director's discretion, tend to accomplish the objectives of articles 10 to 15 and 32 of this title, consistent with the state policy as set forth in section 33-10-101;

(f) Appoint special parks and recreation officers who have the power to enforce articles 10 to 15 and 32 of this title and rules of the commission. Special parks and recreation officers' commissions shall not be issued until the applicant has submitted an application to the division setting forth his or her qualifications. The director may revoke such appointments at any time.

(g) (I) Obtain from powersports vehicle manufacturers the engine rotations per minute needed to conduct the SAE J1287, as defined in section 25-12-102, and to make the information available to law enforcement agencies in Colorado;

(II) Provide, at the director's discretion, training programs to local law enforcement agencies concerning the enforcement of section 25-12-110 (1) and (2); and

(III) Cooperate with federal agencies, Colorado agencies, and political subdivisions of Colorado to enforce section 25-12-110 (1) and (2).

(IV) (Deleted by amendment, L.2024.)
C.R.S. § 33-15-103 — CO Code / Title 33 / Article 15 / Section 33-15-103
33-15-103. Disposition of fines - notice of court decisions
Status: in_force

33-15-103. Disposition of fines - notice of court decisions. (1) Except as provided in section 33-10.5-105 (2)(b) and (3)(c), all money collected for fines under this article 15 and articles 10 to 13 and 32 of this title 33, either by payment of a penalty assessment or assessed by a court upon conviction, shall be transmitted to the state treasurer, who shall credit the money as follows:

(a) If a division of parks and wildlife officer makes the arrest or issues the citation underlying the fine, the state treasurer shall credit all of the money to the parks and outdoor recreation cash fund; or

(b) If a peace officer other than a division of parks and wildlife officer makes the arrest or issues the citation underlying the fine, the state treasurer shall credit one-half of the money to the parks and outdoor recreation cash 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 the fund administered by the state agency, as designated by the state agency.

(2) The provisions of the "Colorado Crime Victim Compensation Act", article 4.1 of title 24, C.R.S., shall not apply to articles 10 to 15 or 32 of this title, and the costs imposed by said act shall not be levied on criminal actions for violations of articles 10 to 15 or 32 of this title.

(3) It is the duty of every clerk of a court before whom prosecutions and appeals of violators of articles 10 to 15 and 32 of this title are heard, within twenty days after any such trial, appeal, or dismissal thereof, to notify the division in writing of the result thereof and the amount of fine collected, if any, and the disposition of such fine.

(4) No fine, penalty, or judgment assessed or rendered under the provisions of articles 10 to 15 or 32 of this title shall be suspended, reduced, or remitted otherwise than as expressly provided by law.
C.R.S. § 33-6-103 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-103
33-6-103. Prosecution of offenses
Status: in_force

33-6-103. Prosecution of offenses. If the possession, use, importation, exportation, transportation, storage, sale, or offering or exposing for sale of wildlife is prohibited or restricted by articles 1 to 6 of this title or by rule or regulation of the commission, the prohibition or restriction, where not otherwise specifically provided, shall extend to and include every part of such wildlife, and a violation as to each animal or part thereof shall be a separate offense. Two or more offenses may be charged in the same complaint, information, or indictment, and proof as to part of an animal shall be sufficient to sustain a charge as to the whole of it. Violations as to any number of animals of the same kind may be charged in the same count and punished as a separate offense as to each animal.
C.R.S. § 33-60-107 — CO Code / Title 33 / Article 60 / Section 33-60-107
33-60-107. State board of the great outdoors Colorado trust fund
Status: in_force

33-60-107. State board of the great outdoors Colorado trust fund. (1) Public members of the state board of the great outdoors Colorado trust fund shall be appointed by the governor. Such appointments shall be subject to the consent of the senate.

(2) Members of the state board of the great outdoors Colorado trust fund shall be subject to removal pursuant to section 6 of article IV of the Colorado constitution.

(3) In addition to its other powers under article XXVII of the Colorado constitution and this article, the trust fund board shall have the power to issue bonds to finance any expenditure to address urgent and permanent land acquisition priorities, including the acquisition of perpetual conservation easements, that may be made from the trust fund and may pledge all or any portion of the moneys deposited or to be deposited into the trust fund for the payment of the bonds. The owners or holders of the bonds may not look to any other revenues of the state other than the trust fund for the payment of the bonds. The bonds shall be issued on the terms and subject to the conditions set forth in section 33-60-108. Notwithstanding any other provision of this article, the bonds may only be issued if the registered electors of the state approve the ballot question submitted at the November 2001 statewide election pursuant to section 33-60-114. The amount of any debt incurred and the repayment costs for any bonds issued by the board shall not exceed the maximum amounts of debt and repayment costs approved by the voters in such election.
C.R.S. § 33-11-104 — CO Code / Title 33 / Article 11 / Section 33-11-104
33-11-104. Acquisition
Status: in_force

33-11-104. Acquisition. (1) In order to provide recreational trails in a statewide system of positive recreational value, the division may acquire reasonable trail rights-of-way or easements. In selecting the rights-of-way, full consideration shall be given to minimizing the adverse effects upon the adjacent landowner or user and his operation. Development and management of each segment of the trails system shall be designed to harmonize with and complement any established multiple-use plans for that specific area in order to insure continued maximum benefits from the land. Acquisition shall be, whenever possible, through donations, purchased with donated funds, or through easements and exchanges. When such methods fail, the division may authorize expenditure of state appropriations for acquisition in fee. Agreements for less than fee shall be for terms of not less than twenty-five years whenever possible.

(2) The division may abandon all or any portion of a trail or easement acquired for trail purposes which is no longer necessary for such purposes, or it may transfer any trail or easement acquired for trail purposes to a local government having jurisdiction over the area in which the trail or easement is located if such local government agrees to maintain and operate the trail.

(3) The division shall notify the owner of land through which any trail or easement acquired for trail purposes passes prior to entering into an operating agreement for that trail with any local government, and it shall secure the consent of the landowner prior to the transfer of any trail or easement acquired for trail purposes to a local government.

(4) Nothing in this article shall permit the acquisition of recreational trails by proceedings in eminent domain by any state agency or any unit of local government or any agency thereof; except that, when a recreational trail is included within a highway right-of-way, the department of transportation may acquire such contiguous land as a part of the right-of-way as is necessary to permit the uninterrupted continuation of the recreational trail.

(5) Nothing in this section modifies, impairs, or supersedes the authority of the commission or the ability of the division to acquire any interest in water or water rights pursuant to section 33-10-107 (1)(a).

(6) Trails acquired pursuant to this article shall not be used for purposes of annexation or access to private lands. Access to private property may be allowed upon consent of the landowner. Nothing in this subsection (6) shall preclude the annexation of private lands with the consent of the landowner.
C.R.S. § 33-11-109 — CO Code / Title 33 / Article 11 / Section 33-11-109
33-11-109. Trail categories - rules
Status: in_force

33-11-109. Trail categories - rules. (1) Any of the following categories of trails may be established:

(a) Cross-state trails which connect scenic, historical, geological, or other significant features which are characteristic of the state;

(b) Water-oriented trails which provide a designated path to or along lakes, streams, or reservoirs in which water and other water-oriented recreational opportunities are the primary points of interest;

(c) Scenic-access trails which give access to quality recreation, scenic, historic, or cultural areas of statewide or nationwide significance;

(d) Urban trails which provide opportunities within an urban setting for walking, bicycling, horseback riding, or other compatible activities. Where appropriate, urban trails shall connect parks, scenic areas, historical points, and neighboring communities.

(e) Historical trails which identify and interpret routes which were significant in the historical settlement and development of the state.

(2) The planning and designation of trails for the state trails system shall take into account and give due regard to the interests of federal agencies, state agencies, individuals, and interested recreation organizations. The categories set forth in subsection (1) of this section need not be used to label specific trails, but the division shall assure that full consideration is given to including trails from all categories within the system.

(3) The commission, through the division, is authorized to conduct studies, and to promulgate such rules as may be necessary for establishing and managing the Colorado greenway trails system. The commission shall consult and cooperate with the Colorado water conservation board, transportation commission, Colorado water resources and power development authority, and all other appropriate units of state government and political subdivisions of the state, including any county, city, city and county, and water conservation and conservancy district; any other public and private persons; and any appropriate federal agencies to establish a Colorado greenway trails system that minimizes adverse impacts on activities, natural features, and sensitive habitats adjacent to trails.
C.R.S. § 33-9-107 — CO Code / Title 33 / Article 9 / Part 1 / Section 33-9-107
33-9-107. Reaffirmation of assent to federal Pittman-Robertson and Dingell-Johnson acts
Status: in_force

33-9-107. Reaffirmation of assent to federal Pittman-Robertson and Dingell-Johnson acts. Nothing in this article alters or affects the state's assent to the federal acts described in sections 33-1-117 and 33-1-118, which assent prohibits diversion of license fees paid by hunters and sport fishermen to purposes other than administration of the fish and wildlife agency.
C.R.S. § 33-13-102 — CO Code / Title 33 / Article 13 / Section 33-13-102
33-13-102. Definitions
Status: in_force

33-13-102. Definitions. As used in this article 13, unless the context otherwise requires:

(1) "Motorboat" means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion including "personal watercraft" as defined in subsection (3.3) of this section.

(2) "Operate" means to navigate or otherwise use a vessel.

(3) "Owner" means a person who claims lawful possession of a vessel by virtue of legal title or an equitable interest which entitles him to such possession.

(3.3) "Personal watercraft" means a motorboat that uses an inboard motor powering a water jet pump as its primary source of motive power and is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel. "Personal watercraft" includes a motorboat known as a "specialty prop-craft", which is similar in appearance to a personal watercraft but powered by an outboard or motor driven propeller.

(3.7) "Sailboard" means a sail propelled vessel with no freeboard and equipped with a swivel mounted mast, not secured to a hull by guys or stays.

(4) "Sailboat" means any vessel propelled by the effect of wind on a sail, including sailboards. For the purposes of this article, any vessel propelled by both sail and machinery of any sort shall be deemed a motorboat, when being so propelled.

(5) (a) "Vessel" means every description of watercraft used or capable of being used as a means of transportation of persons and property on the water, including all types of stand-up paddleboards.

(b) "Vessel" does not include:

(I) Any single-chambered, air-inflated devices that are not stand-up paddleboards; or

(II) Seaplanes.

(5.5) "Vessel staging area" means any parking lot, boat ramp, or other location that any vessel is transported to or from by a motor vehicle and where such vessel is placed into operation on or in the water. "Vessel staging area" does not include any location to which a vessel is transported primarily for the purpose of service, maintenance, repair, or sale.

(6) "Whitewater" means natural running water with intermittent rapids.
C.R.S. § 33-1-125 — CO Code / Title 33 / Article 1 / Section 33-1-125
33-1-125. Colorado nongame conservation and wildlife restoration cash fund - creation - di
Status: repealed

33-1-125. Colorado nongame conservation and wildlife restoration cash fund - creation - disbursement of money - wildlife rehabilitation grant program - authority and board created - process - report - definitions. (1) (a) There is hereby created in the state treasury the Colorado nongame conservation and wildlife restoration cash fund, referred to in this section as the "fund". The fund consists of voluntary contributions made through part 7 of article 22 of title 39, less any appropriation to the department of revenue pursuant to section 39-22-703; any money credited pursuant to section 33-6-105 (1); and all interest derived from the deposit and investment of money in the fund and credited to the fund by the state treasurer. All unexpended and unencumbered money remaining in the fund at the end of any fiscal year must remain in the fund and must not revert back to the general fund or any other fund or be used for any purpose other than the purposes set forth in this section. The division shall expend money from the fund as specified in, and for the implementation of, this section.

(b) The moneys in the fund must be apportioned and used as follows:

(I) For up to the first two hundred fifty thousand dollars credited to the fund in any fiscal year:

(A) Ninety percent of the moneys credited to the fund in any fiscal year shall be used by the division in preserving, protecting, perpetuating, and enhancing nongame and endangered wildlife in the state, including the division's administrative expenses in connection therewith, and for the division's costs in providing staff support to the board created in subsection (3) of this section; and

(B) Ten percent of the moneys credited to the fund in any fiscal year shall be used for grants to wildlife rehabilitators in accordance with subsection (4) of this section.

(II) For any moneys over the initial two hundred fifty thousand dollars credited to the fund in any fiscal year:

(A) Seventy-five percent of those additional moneys shall be used by the division in preserving, protecting, perpetuating, and enhancing nongame and endangered wildlife in the state, including the division's administrative expenses in connection therewith, and for the division's costs in providing staff support to the board created in subsection (3) of this section; and

(B) Twenty-five percent of those additional moneys shall be used for grants to wildlife rehabilitators in accordance with subsection (4) of this section.

(2) There is hereby created the Colorado nongame conservation and wildlife restoration cash fund authority, referred to in this section as the "authority". The authority is not an agency of state government and is not subject to administrative direction by any state agency except as provided in this section.

(3) (a) (I) The powers of the authority are vested in a board of directors, referred to in this section as the "board". The board consists of the following seven members, each of whom is appointed by the director pursuant to an application process:

(A) Two representatives from private-sector Colorado wildlife rehabilitation organizations;

(B) One representative of the Colorado federation of animal welfare agencies or its successor organization;

(C) One employee of the division;

(D) One wildlife biologist employed by a state institution of higher education or by a nonstate entity;

(E) One member of a recognized wildlife conservation organization with local and national affiliates whose mission focuses on conservation and restoration of natural ecosystems and on habitat protection for biodiversity, and whose membership enjoys significantly nonconsumptive uses of wildlife; and

(F) One member of the general public with an interest in nonconsumptive uses of wildlife or wildlife rehabilitation.

(II) The director shall establish a process through which applications for appointments to the board are developed, received, and evaluated.

(b) (I) Appointments to the board are for three-year terms. Each member serves at the pleasure of the director and continues in office until the member's successor is appointed and qualified. The director shall make the initial appointments to the board no later than September 1, 2017.

(II) Repealed.

(c) On the expiration of the term of a member of the board, the director shall either reappoint that member or appoint that member's successor for a term of three years; except that, in the case of a vacancy, the director's appointee serves for the remainder of the unexpired term. A person shall not serve more than six years on the board.

(d) Members of the board serve without compensation for any service provided to the authority. Members do not receive any reimbursement from the board for any expenses incurred fulfilling their responsibilities pursuant to this section.

(e) (I) Except as provided in subsection (3)(e)(II) of this section, the authority, created pursuant to subsection (2) of this section, shall not be funded by or through any state agency.

(II) The division shall provide staff support to the board for the purposes of implementing this section.

(III) The board shall develop, adopt, and implement guidelines and practices for its own operation and for receiving and evaluating applications for grant moneys from the fund in accordance with subsection (4) of this section, including practices to detect and avoid board member conflicts of interest; the timing of the application submissions and grant disbursement, which timing must take into account the unique seasonal demands presented by wildlife rehabilitation efforts; and criteria to score or otherwise assess grant applications. Nothing in this section authorizes the board to promulgate rules to implement this section.

(4) (a) (I) The division shall expend moneys from the fund, pursuant to recommendations made by the board, for the purpose of making grants to wildlife rehabilitators in order to facilitate wildlife rehabilitation in Colorado.

(II) As used in this section:

(A) "Wildlife rehabilitation" means the process of providing aid to injured, orphaned, displaced, or distressed wildlife animals in such a way that they may survive when released to their native habitats. The term includes activities such as providing direct medical and other care to wildlife, arranging suitable release sites, anticipating and helping to prevent problems with wildlife, operational or capital expenses, and humanely resolving human-wildlife conflicts.

(B) "Wildlife rehabilitator" means a person licensed as a wildlife rehabilitator by the division.

(b) Nothing in this section requires a wildlife rehabilitator to provide matching funds or to be a registered nonprofit organization pursuant to section 501 (c)(3) of the internal revenue code as a condition to applying for or receiving grant moneys.

(c) Grants are awarded from the fund in accordance with a grant approval process developed by the board. A member of the board shall not vote on any grant application in which the member is interested.

(d) Grants awarded from the fund must be in amounts from one thousand dollars to thirty thousand dollars; except that, for any fiscal year in which an amount less than five thousand dollars is transferred to the fund for the purposes of the grant program pursuant to subsection (1)(b)(II)(B) of this section, the board shall endeavor to award grants in amounts that maximize wildlife rehabilitation efforts to the greatest extent possible.

(e) Grant moneys awarded under this subsection (4) may be used by wildlife rehabilitators for the rehabilitation of both game and nongame wildlife species; except that grant moneys shall not be used to rehabilitate exotic wildlife.

(f) Wildlife rehabilitators must execute a contract with the division in order to receive any grant moneys awarded. Such contracts must require, at a minimum, that rehabilitation projects funded in whole or in part through grant moneys will be performed or managed by the grantee.

(g) Grantees shall submit annual reports, in accordance with a schedule developed by the board, to the division describing how grant moneys they received have been expended. The division shall make the grant recipients and amounts and the annual reports available on its official website.

(5) The board is subject to the "Colorado Open Records Act", part 2 of article 72 of title 24, and to the open meetings provisions of the "Colorado Sunshine Act of 1972" contained in part 4 of article 6 of title 24. For purposes of the "Colorado Open Records Act", part 2 of article 72 of title 24, the records of the board and the authority are public records.
C.R.S. § 33-13-113.5 — CO Code / Title 33 / Article 13 / Section 33-13-113.5
33-13-113.5. Report required - when
Status: in_force

33-13-113.5. Report required - when. The division shall report immediately to the president of the senate and the speaker of the house of representatives if funds received from the federal government for recreational boating safety under the state boating safety programs, 46 U.S.C. sec. 13101 et seq., as amended, or any successor program, cease or are expected to cease for any reason.
C.R.S. § 33-11-105 — CO Code / Title 33 / Article 11 / Section 33-11-105
33-11-105. Recreational trails committee
Status: repealed

33-11-105. Recreational trails committee. (1) (a) There is created the Colorado recreational trails committee, which is advisory and consists of members who are appointed as follows:

(I) The commission shall appoint:

(A) One member from each congressional district in the state; and

(B) Two members from the state at large.

(II) The state board of the great outdoors Colorado trust fund shall appoint one member from the board.

(b) The terms of the members appointed by the commission are four years. A member shall not serve more than two consecutive terms. The committee shall include in its membership representation of the broad spectrum of trail users. Vacancies on the committee shall be filled for the unexpired term by the appropriate appointing authority set forth in this subsection (1).

(2) The committee shall meet not less than four times annually to advise the division on all matters directly or indirectly pertaining to trails and their use, extent, and location and the objectives and purposes of this article.

(3) Repealed.
C.R.S. § 33-2-105.6 — CO Code / Title 33 / Article 2 / Section 33-2-105.6
33-2-105.6. Reintroduction of the bonytail fish and the black-footed ferret - repeal
Status: repealed

33-2-105.6. Reintroduction of the bonytail fish and the black-footed ferret - repeal. (Repealed)
C.R.S. § 33-14-109 — CO Code / Title 33 / Article 14 / Section 33-14-109
33-14-109. Restrictions on young operators
Status: in_force

33-14-109. Restrictions on young operators. (1) No person under the age of ten years may operate a snowmobile, except upon lands owned or leased by his parent or guardian, unless he is accompanied by or under the immediate supervision of a person sixteen years of age or over or by a person over fourteen years of age who holds a snowmobile safety certificate issued by the division for the successful completion of a snowmobile safety education and training course conducted by the division.

(2) Except when accompanied or supervised in the manner provided in subsection (1) of this section, no person ten years of age or over who has not reached his sixteenth birthday shall operate a snowmobile in this state, except upon lands of his parent or guardian, unless he has received a snowmobile safety certificate for the successful completion of a snowmobile safety education and training course conducted by the division.

(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. § 33-4-111 — CO Code / Title 33 / Article 4 / Section 33-4-111
33-4-111. Taxidermists must have license
Status: repealed

33-4-111. Taxidermists must have license. (Repealed)
C.R.S. § 33-10-105 — CO Code / Title 33 / Article 10 / Section 33-10-105
33-10-105. Board regions
Status: repealed

33-10-105. Board regions. (Repealed)
C.R.S. § 33-11-108 — CO Code / Title 33 / Article 11 / Section 33-11-108
33-11-108. State trails system
Status: in_force

33-11-108. State trails system. (1) The commission shall designate a state trails system. The trails comprising such system shall meet criteria established by the commission and shall be consistent with the objectives of this article.

(2) The commission shall establish a procedure whereby federal, state, and local governments and nongovernmental organizations may propose trails for inclusion within the system.

(3) In consultation with appropriate federal, state, and local governments and nongovernmental organizations, the commission shall establish a procedure for review and public hearings upon proposals for the inclusion of trails in the system.

(4) The commission may participate in the planning, establishment, development, and long-term operation and maintenance of segments of national scenic trails which might be authorized by the congress of the United States.

(5) The establishment of trails to or along lakes, streams, or reservoirs shall not constitute any determination relative to the suitability of the river segment for designation as a wild, scenic, or recreational river under the federal "Wild and Scenic Rivers Act".
C.R.S. § 33-6-125 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-125
33-6-125. Possession of a loaded firearm in a motor vehicle
Status: in_force

33-6-125. Possession of a loaded firearm in a motor vehicle. It is unlawful for any person, except a person authorized by law or by the division, to possess or have under the person's control any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of the firearm is unloaded. Any person in possession or in control of a rifle or shotgun in a motor vehicle shall allow any peace officer who is empowered and acting under the authority granted in section 33-6-101 to enforce articles 1 to 6 of this title 33 to inspect the chamber of any rifle or shotgun in the motor vehicle. For the purposes of this section, a "muzzle-loader" shall be considered unloaded if it is not primed, and "primed" means having a percussion cap on the nipple or flint in the striker and powder in the flash pan. 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 fifteen license suspension points.
C.R.S. § 33-3-105 — CO Code / Title 33 / Article 3 / Part 1 / Section 33-3-105
33-3-105. Wildlife migration areas - division to keep records
Status: in_force

33-3-105. Wildlife migration areas - division to keep records. It is the duty of the division to maintain records of areas used by wildlife for migration purposes, and the division shall furnish information concerning wildlife migration areas to persons requesting such information.
C.R.S. § 33-6-104 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-104
33-6-104. Imposition of penalty - procedures
Status: in_force

33-6-104. Imposition of penalty - procedures. (1) A person is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars, a surcharge as described in section 24-33.5-415.6, and an assessment of five license suspension points for a violation of any of the following for which there is not an associated statutory penalty listed:

(a) A provision of articles 1 to 6 of this title 33; or

(b) A rule of the commission promulgated pursuant to one or more of the articles specified in subsection (1)(a) of this section.

(2) (a) (I) At the time that a person is charged with violating any misdemeanor or civil infraction provision of articles 1 to 6 of this title 33 or a rule of the commission, the officer shall issue a summons and complaint to the alleged offender or, in the case of a violation for which a fine of a fixed amount is prescribed, may give the alleged offender an opportunity to voluntarily pay the fine and surcharge in the form of a penalty assessment.

(II) An officer shall not issue a penalty assessment for violations for which minimum and maximum fines have been established. The penalty assessment notice given to the alleged offender must:

(A) Contain the information required for a summons and complaint;

(B) Be in the form of a summons and complaint; and

(C) Specify in dollars the amount of the penalty to be assessed for the alleged offense and the amount of the surcharges to be collected pursuant to sections 24-4.2-104 (1) and 24-33.5-415.6.

(b) If the alleged offender accepts the penalty assessment notice and pays the fine and the surcharges entered on the fine to the division within twenty days of issuance of the notice, the alleged offender's acceptance and payment constitutes an acknowledgment of guilt of the violation set forth in the penalty assessment notice.

(c) (I) An officer may take any person who accepts a penalty assessment notice but who does not furnish satisfactory evidence of identity or who the officer has reasonable and probable grounds to believe will disregard a written promise to pay the specified fine and surcharges to the nearest known post office facility to require that the person remit the amount of the specified fine and surcharges to the division immediately by mail in United States currency or other legal tender or by money order or by personal check.

(II) Refusal or inability to remit the specified fine and surcharges by mail when required constitutes a refusal to accept a penalty assessment notice. The officer shall advise the person arrested of the license suspension points to be assessed in accordance with section 33-6-106.

(III) Checks tendered by the violator to and accepted by the division and for which payment is received by the division are deemed sufficient receipt. If the fine and surcharges are not paid, then the officer who issued the penalty assessment notice shall docket the summons and complaint with a court of competent jurisdiction for appearance by the person to answer the charges contained in the summons and complaint at the time and place specified in the summons and complaint.

(3) (a) Service of a copy of a summons and complaint or penalty assessment notice issued pursuant to subsection (2) of this section must be provided at least ten days before the date set for a hearing on the matter by:

(I) Providing personal service of the copy directly to the alleged offender;

(II) Leaving the copy at the alleged offender's last-known place of residence with an individual who is eighteen years of age or older and who resides at the residence; or

(III) Mailing the copy to the alleged offender's last-known place of residence by certified mail, return receipt requested. Service by certified mail is complete upon return of the receipt signed by the alleged offender.

(b) An individual who provides personal service pursuant to subsection (3)(a)(I) of this section must be a disinterested party who is eighteen years of age or older.
C.R.S. § 33-12.5-105 — CO Code / Title 33 / Article 12.5 / Section 33-12.5-105
33-12.5-105. Repeal of article
Status: repealed

33-12.5-105. Repeal of article. (Repealed)
C.R.S. § 33-14-105 — CO Code / Title 33 / Article 14 / Section 33-14-105
33-14-105. Transfer or other termination of ownership - rules
Status: in_force

33-14-105. Transfer or other termination of ownership - rules. (1) When the use of a snowmobile for which a registration has already been issued is permanently discontinued, the old registration shall be properly signed and returned to the division within fifteen days after discontinuance.

(2) (a) If there is a change of ownership of a snowmobile for which a registration has been issued, the new owner shall apply for a new registration from a dealer employed as a licensing agent or from the division. The application must set forth the original number issued and must be accompanied by the old registration properly signed by the previous owner and by the required fee for registration in the amount specified by the commission by rule.

(b) In the event that such snowmobile was purchased through a bona fide dealer, said application must be accompanied by a dealer's form, as prescribed by the division, numbered, completed, and signed by the dealer or his agent and by the new owner.

(3) It is the duty of every owner of a snowmobile registered pursuant to the provisions of this article to notify the division, in writing, of the destruction, theft, or permanent removal of such snowmobile from the state within fifteen days thereafter, and, in the event of destruction or theft, he shall surrender the registration with such notice.
C.R.S. § 33-13-108.2 — CO Code / Title 33 / Article 13 / Section 33-13-108.2
33-13-108.2. Operating a vessel while the privilege to operate is suspended
Status: in_force

33-13-108.2. Operating a vessel while the privilege to operate is suspended. (1) Any person who operates a vessel in this state at a time when a court-ordered suspension of the operator's vessel operating privilege is in effect for a conviction of an alcohol- or drug-related operating offense pursuant to section 33-13-108.1 (1) commits a class 2 misdemeanor. However, in a case where the defendant is convicted and it is established that it was necessary to operate the vessel in violation of this subsection (1) because of an emergency, the mandatory jail sentence shall not apply, and, for a conviction, the court may impose a sentence of imprisonment in the county jail for a period of not more than one year and, in the discretion of the court, a fine of not more than one thousand dollars, and, for a subsequent conviction, the court may impose a sentence of imprisonment in the county jail for a period of not more than two years and, in the discretion of the court, a fine of not more than three thousand dollars.

(2) In any trial in which a person is charged with a violation of subsection (1) of this section, a duly authenticated copy of the record of former convictions and judgments of any court of record against the party indicted or informed against for an alcohol- or drug-related vessel operating offense pursuant to section 33-13-108.1 shall be prima facie evidence of the convictions and judgments and may be used in evidence against the party. Identification photographs and fingerprints that are part of the record of such former convictions and judgments and the party's incarceration after sentencing for any of such former convictions and judgments shall be prima facie evidence of the identity of the party and may be used in evidence against the party.

(3) Upon a subsequent conviction under subsection (1) of this section within five years after the first conviction, in addition to the penalty prescribed in said subsection (1), the court shall order the defendant to not operate a vessel in this state for a period of two years after the subsequent conviction.

(4) Upon conviction of or a plea of no contest to a violation of this section, the court shall forward a certified copy of the conviction or plea to the division.
C.R.S. § 33-6-116 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-116
33-6-116. Hunting, trapping, or fishing on private property - posting public lands
Status: in_force

33-6-116. Hunting, trapping, or fishing on private property - posting public lands. (1) It is unlawful for any person to enter upon privately owned land or lands under the control of the state board of land commissioners to hunt or take any wildlife by hunting, trapping, or fishing without first obtaining permission from the owner or person in possession of such land.

(2) It is unlawful for any person to post, sign, or indicate that any public lands within this state, not held under an exclusive control lease, are privately owned lands.

(3) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of twenty license suspension points.
C.R.S. § 33-44-104 — CO Code / Title 33 / Article 44 / Section 33-44-104
33-44-104. Negligence - civil actions
Status: in_force

33-44-104. Negligence - civil actions. (1) A violation of any requirement of this article shall, to the extent such violation causes injury to any person or damage to property, constitute negligence on the part of the person violating such requirement.

(2) A violation by a ski area operator of any requirement of this article 44 or any rule promulgated by the passenger tramway safety board pursuant to section 12-150-105 (1)(a) shall, to the extent such violation causes injury to any person or damage to property, constitute negligence on the part of such operator.

(3) All rules adopted or amended by the passenger tramway safety board are subject to sections 24-4-103 (8)(c) and (8)(d) and 24-34-104 (6)(b), C.R.S.
C.R.S. § 33-10-102 — CO Code / Title 33 / Article 10 / Section 33-10-102
33-10-102. Definitions
Status: repealed

33-10-102. Definitions. As used in articles 10 to 15 of this title 33, unless the context otherwise requires:

(1) Repealed.

(2) "Camping" means the erecting of a tent or shelter of natural or manmade material, the placing of a sleeping bag or other bedding material on the ground, the parking of a motor vehicle, motor home, or traveler, or the mooring of a vessel for the apparent purpose of overnight occupancy.

(3) to (6) Repealed.

(7) "Fishing" shall have the same meaning as that specified in section 33-1-102.

(8) "Hours", unless otherwise stated, means the hours of the day or night when recreational activities shall take place on land and water under the control of the division.

(9) Repealed.

(10) "Littering" means the indiscriminate depositing of trash, garbage, or other waste on public or private lands or waters of this state.

(11) and (12) Repealed.

(13) "Outdoor recreation" means any activity conducted in an outdoor environment by persons, such as hiking, camping, boating, fishing, hunting, and the like.

(14) "Outdoor recreation resources" means the land and water areas which provide or may in the future provide opportunities for outdoor recreation.

(15) "Parks and recreation officer" or "special parks and recreation officer" means a person who is appointed by the director and authorized to enforce the park laws and the rules of the commission and who shall cooperate with the division in the enforcement of the wildlife laws and rules.

(16) "Pass" or "registration" means a document issued by the division authorizing the use of land and water under the control of the division or the use of vessels or snowmobiles within this state. The term "pass" shall include a permit or card, and the term "registration" shall include decals issued by the division.

(17) "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. A parks and recreation officer has the powers of a peace officer as set forth in sections 16-2.5-101 and 16-2.5-117, C.R.S., and has the authority to enforce the laws of the state of Colorado while in the performance of his duties.

(18) "Permit" means a document issued pursuant to commission rule and includes such documents as campground permits, electrical hookup permits, group picnic area permits, and other permits as authorized by the commission.

(19) "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.

(20) "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.

(21) "Resident" means any person who has been domiciled in this state for six consecutive months or more immediately preceding the date of application for or purchase of any registration or aspen leaf passport under articles 10 to 15 of this title or the rules of the commission, who resides in this state with the genuine intent of making this state his or her place of permanent abode, and who, when absent, intends to return to this state. 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 domiciled in Colorado at the time he or she entered military service is presumed to retain his or her status as a domiciliary of Colorado throughout his stay in the service, regardless of where he or she may be assigned to duty or for how long. For the purposes of this subsection (21), the following are deemed residents of this state:

(a) 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 spouses and dependent children;

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

(c) Students who are enrolled in and have been attending any school, college, or university in this state for at least six months immediately prior to the date of application for any registration. Students who are temporarily absent from this state while still enrolled at any such school, college, or university shall be deemed residents for the purposes of this subsection (21).

(22) "Sell" includes offering or possessing for sale, bartering, exchanging, or trading.

(23) "State park" means a relatively spacious fee title area having outstanding scenic and natural qualities and often containing significant archaeological, ecological, geological, and other scientific values so as to make imperative the preservation of the area by the division for the enjoyment, education, and inspiration of residents and visitors.

(24) "State recreation area" means a relatively spacious and scenically attractive land and water area under the control of the division offering a broad range of outdoor recreational opportunities. A relatively spacious water body with limited land area under the control of the division may be classified as a state recreation area if it offers a full range of water-based recreational activities such as boating, water skiing, hunting, trapping, fishing, and swimming and has sufficient adjacent land acreage for the associated camping and picnicking. A relatively spacious land area without a significant water body may be classified as a state recreation area if it offers a full range of land-based recreational activities such as camping, picnicking, bicycling, hiking, horseback riding, environmental education, target shooting, hunting, trapping, and motorized recreation.

(25) "Transfer" means to pass, deliver, convey, or hand over from one person to another.

(26) "Trapping" shall have the same meaning as that specified in section 33-1-102.

(27) (a) "Vessel" means every description of watercraft used or capable of being used as a means of transportation of persons and property on the water, including all types of stand-up paddleboards.

(b) "Vessel" does not include:

(I) Any single-chambered, air-inflated devices that are not stand-up paddleboards; or

(II) Seaplanes.

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

(29) "Wildlife" shall have the same meaning as that specified in section 33-1-102.
C.R.S. § 33-9-112 — CO Code / Title 33 / Article 9 / Part 1 / Section 33-9-112
33-9-112. Peace officer hiring - required use of waiver - definitions
Status: in_force

33-9-112. Peace officer hiring - required use of waiver - definitions. (1) The division shall require each candidate that it interviews for a peace officer position who has been employed by another law enforcement agency or governmental agency to execute a written waiver that explicitly authorizes each law enforcement agency or governmental agency that has employed the candidate to disclose the applicant's files, including internal affairs files, to the division and releases the division and each law enforcement agency or governmental agency that employed the candidate from any liability related to the use and disclosure of the files. A law enforcement agency or governmental agency may disclose the applicant's files by either providing copies or allowing the division to review the files at the law enforcement agency's office or governmental agency's office. A candidate who refuses to execute the waiver shall not be considered for employment by the division. The division shall, at least twenty-one days prior to making the hiring decision, submit the waiver to each law enforcement agency or governmental agency that has employed the candidate. A state or local law enforcement agency or governmental agency that receives such a waiver shall provide the disclosure to the division not more than twenty-one days after such receipt.

(2) A state or local law enforcement agency is not required to provide the disclosures described in subsection (1) of this section if the agency is prohibited from providing the disclosure pursuant to a binding nondisclosure agreement to which the agency is a party, which agreement was executed before June 10, 2016.

(3) A state or local law enforcement agency or governmental agency is not liable for complying with the provisions of this section or participating in an official oral interview with an investigator regarding the candidate.

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

(a) "Files" means all performance reviews, any other files related to job performance, administrative files, grievances, previous personnel applications, personnel-related claims, disciplinary actions, and all complaints, early warnings, and commendations, but does not include nonperformance or conduct-related data, including medical files, schedules, pay and benefit information, or similar administrative data or information.

(b) "State or local law enforcement agency" means:

(I) The Colorado state patrol created pursuant to section 24-33.5-201, C.R.S.;

(II) The Colorado bureau of investigation created pursuant to section 24-33.5-401, C.R.S.;

(III) A county sheriff's office;

(IV) A municipal police department;

(V) The division of parks and wildlife within the department of natural resources created pursuant to section 24-1-124, C.R.S.; or

(VI) A town marshal's office.
C.R.S. § 33-1-112.5 — CO Code / Title 33 / Article 1 / Section 33-1-112.5
33-1-112.5. Backcountry search and rescue fund
Status: repealed

33-1-112.5. Backcountry search and rescue fund. (1) (a) There is created in the state treasury a backcountry search and rescue fund, referred to in this section as the "fund". The fund consists of money credited to the fund pursuant to this section and section 33-12-108 (4)(e)(I)(B), and any other money that the general assembly may appropriate or transfer to the fund.

(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(c) Money in the fund is continuously appropriated to the department for use by the division as follows:

(I) The division may use money credited to the fund pursuant to subsection (9) of this section and section 33-12-108 (4)(e)(I)(B), and any other money that the general assembly may appropriate or transfer to the fund to:

(A) Support the goals stated in section 33-12-108 (2)(a)(IV)(C);

(B) Support the needs of backcountry search and rescue activities in accordance with the recommendations of the study completed pursuant to section 33-10-116; and

(C) Cover response costs, equipment, and other related expenses for backcountry search and rescue activities.

(II) The division may use money credited to the fund pursuant to subsection (2) of this section to assist any agency or political subdivision of the state of Colorado for costs incurred in backcountry search and rescue activities involving persons holding hunting or fishing licenses; vessel, snowmobile, or off-highway vehicle registrations; or a Colorado outdoor recreation backcountry search and rescue card pursuant to subsection (3) of this section. Reimbursable costs are limited to actual operational expenses. Reimbursable costs do not include salaries paid to persons permanently employed by the agency or political subdivision.

(d) The division may use a portion of the money in the fund for the direct and indirect costs of administering this section.

(2) (a) (I) Until the commission establishes a new amount in rules promulgated pursuant to subsection (2)(a)(II) of this section, a surcharge of twenty-five cents shall be assessed on each license listed in section 33-4-102 (1) and (1.4) that is sold by the division or one of its license agents pursuant to section 33-4-101. Receipts and interest from the surcharge shall be deposited in the backcountry search and rescue fund created in subsection (1) of this section.

(II) On or after January 1, 2023, the commission shall promulgate rules establishing the amount of the surcharge that shall be assessed on each license listed in section 33-4-102 (1) and (1.4) that is sold by the division or one of its license agents pursuant to section 33-4-101. Receipts and interest from the surcharge shall be deposited in the backcountry search and rescue fund created in subsection (1) of this section.

(b) (I) Until the commission establishes a new amount in rules promulgated pursuant to subsection (2)(b)(II) of this section, a surcharge of twenty-five cents is assessed on each vessel, each snowmobile registration, each out-of-state snowmobile permit, each off-highway vehicle registration, and each off-highway use permit that is sold by the division or one of its agents pursuant to section 33-13-103, 33-14-102, 33-14-121, 33-14.5-102, or 33-14.5-112. Receipts and interest from the surcharge are deposited in the backcountry search and rescue fund created in subsection (1) of this section.

(II) On or after January 1, 2023, the commission shall promulgate rules establishing the amount of the surcharge that is assessed on each vessel, each snowmobile registration, each out-of-state snowmobile permit, each off-highway vehicle registration, and each off-highway use permit that is sold by the division or one of its agents pursuant to section 33-13-103, 33-14-102, 33-14-121, 33-14.5-102, or 33-14.5-112. Receipts and interest from the surcharge are deposited in the backcountry search and rescue fund created in subsection (1) of this section.

(c) (I) The general assembly hereby creates the Colorado outdoor recreation backcountry search and rescue card program. The division shall make a Colorado outdoor recreation backcountry search and rescue card available to the public in accordance with this subsection (2)(c) to backpackers, hikers, mountain and trail bikers, cross country skiers, and other persons who use the Colorado backcountry for recreation. The division shall establish procedures for the licensing of vendors who sell the outdoor recreation backcountry search and rescue card, the printing of such cards, and the distribution of such cards to vendors for sale to the public.

(II) (A) Until the commission establishes a new amount in rules promulgated pursuant to subsection (2)(c)(II)(B) of this section, the Colorado outdoor recreation backcountry search and rescue card costs three dollars and is valid for one year from the date of purchase. The division shall charge vendors two dollars for each Colorado outdoor recreation backcountry search and rescue card, which shall be transmitted to the state treasurer, who shall credit the amount to the backcountry search and rescue fund created in subsection (1) of this section. The remaining one dollar shall be retained by the vendor as the vendor's fee.

(B) On or after January 1, 2023, the commission shall promulgate rules establishing the price and vendor fee for the Colorado outdoor recreation backcountry search and rescue card. Money from the sale of the cards shall be transmitted to the state treasurer, who shall credit the amount to the backcountry search and rescue fund created in subsection (1) of this section.

(III) The division may issue a multi-year Colorado outdoor recreation backcountry search and rescue card that is valid for a period not to exceed five years. The multi-year card may be offered at a reduced rate to vendors with a reduced vendor fee to reflect administrative cost savings and other considerations.

(IV) The general assembly finds and declares that the Colorado outdoor recreation backcountry search and rescue card program is a new program. Prior to January 1, 2023, the department of local affairs is authorized to contract, pursuant to section 24-50-504 (2)(b), with a person, corporation, or entity for any elements of the administration of the program created by this subsection (2)(c). On and after January 1, 2023, the division assumes the rights, responsibilities, and obligations of the department of local affairs under any contract entered into pursuant to this subsection (2)(c)(IV) and is authorized to contract, pursuant to section 24-50-504 (2)(b), with a person, corporation, or entity for any elements of the administration of the program created by this subsection (2)(c).

(3) All agencies and political subdivisions of the state have the right to make a request for reimbursement from the backcountry search and rescue fund for costs incurred in the performance of backcountry search and rescue activities involving those persons specified in subsection (1)(c)(II) of this section. Such requests shall be submitted to the division for immediate consideration. Any reimbursement requests which have been certified by the sheriff of the county in which the backcountry search and rescue activity occurred shall be eligible for payment by the division. The division shall establish the procedure through which requests must be submitted and for payment of such requests.

(4) The wildlife cash fund established in section 33-1-112 and the parks and outdoor recreation cash fund established in section 33-10-111 shall not be used for reimbursement of costs as provided in subsection (1)(c)(II) of this section.

(5) Repealed.

(6) At the close of any fiscal year, money remaining in the backcountry search and rescue fund that was credited to the fund pursuant to subsection (2) of this section, after all approved requests for reimbursement and administrative costs have been paid, shall be used first to pay for unreimbursed backcountry search and rescue incidents and then shall be divided among counties that have applied to the division for year-end grants from the backcountry search and rescue fund. The division shall establish operating procedures for applying for year-end grants in accordance with this subsection (6).

(7) and (8) (Deleted by amendment, L. 2001, p. 599, § 1, effective July 1, 2001.)

(9) Repealed.

(10) (a) On and after January 1, 2023, the division shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations previously vested under this section in the department of local affairs.

(b) Effective January 1, 2023, all positions of employment and appropriations for personal services in the department of local affairs related to performing the powers, duties, and functions transferred to the division pursuant to this subsection (10) and determined by the division to be necessary to carry out the purposes of this section are transferred to the division and are employment positions therein. All such employees are employees of the division and retain all rights under the state personnel system and to retirement benefits pursuant to the laws of this state, and their services are deemed continuous.

(c) All rules and policies of the department of local affairs adopted pursuant to this section and in effect as of January 1, 2023, continue to be effective and shall be enforced by the division until superseded, revised, amended, repealed, or nullified pursuant to law. The division shall adopt any rules or policies necessary for the administration of this section and as otherwise authorized by law. Before initiating its first rule-making or adopting initial policies pursuant to this subsection (10)(c), the division shall consult with the county sheriffs and the Colorado search and rescue association for input on changes that are necessary to administer this section.

(d) Any requests for reimbursement submitted to the department of local affairs prior to January 1, 2023, pursuant to subsection (3) of this section that have not been processed or paid on January 1, 2023, are transferred to the division for immediate consideration and payment pursuant to rules adopted by the department of local affairs, until such rules are superseded, revised, repealed, or amended by the division.

(e) Any suit, action, or other proceeding, judicial or administrative, related to the administration of this section and lawfully commenced, or which could have been commenced, by or against the department of local affairs, or any officer thereof in such officer's official capacity or in relation to the discharge of the official's duties under this section, is abated by reason of the transfer of duties and functions to the division pursuant to this subsection (10).
C.R.S. § 33-4-116 — CO Code / Title 33 / Article 4 / Section 33-4-116
33-4-116. Big game hunting licenses - auction or raffle - use of proceeds - rules
Status: in_force

33-4-116. Big game hunting licenses - auction or raffle - use of proceeds - rules. (1) (a) The division is authorized to issue up to two either-sex rocky mountain bighorn sheep licenses, two either-sex rocky mountain goat licenses, two either-sex shiras moose licenses, four either-sex mule or white-tailed deer licenses, four either-sex rocky mountain elk licenses, and four either-sex pronghorn licenses each year through a competitive auction or raffle.

(b) A nonprofit organization directly involved in the conservation of wildlife in Colorado or the division may be authorized by the commission to conduct the license auction or raffle. All such auctions and raffles shall be conducted pursuant to Colorado law.

(2) (a) Except as specified in this subsection (2), all proceeds from the auction or raffle of rocky mountain bighorn sheep, rocky mountain goat, and shiras moose licenses shall be used by the division for the benefit of rocky mountain bighorn or desert sheep, rocky mountain goats, and shiras moose in Colorado, and all proceeds from the auction or raffle of mule and white-tailed deer, rocky mountain elk, and pronghorn licenses shall be used by the division for the benefit of mule and white-tailed deer, rocky mountain elk, and pronghorn in Colorado.

(b) If an auction or raffle is conducted by a nonprofit organization, the organization may retain up to twenty-five percent of the proceeds of the auction or raffle to cover auction or raffle costs and to fund projects of its own choosing that benefit wildlife in Colorado.

(c) The proceeds from the auctions and raffles shall be in addition to any moneys otherwise provided for the management of rocky mountain bighorn or desert sheep, rocky mountain goats, shiras moose, mule and white-tailed deer, rocky mountain elk, and pronghorn.

(3) The commission may promulgate rules pertaining to auction and raffle licenses, the conduct of the auctions and raffles, record-keeping requirements, the expenditure of proceeds, including requiring consultation by the division with advisory committees comprised of representatives of the participating nonprofit organizations prior to the expenditure of any proceeds, and any other rules necessary to implement the auction and raffle program.
C.R.S. § 33-6-122 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-122
33-6-122. Hunting in a careless manner - definition
Status: in_force

33-6-122. Hunting in a careless manner - definition. (1) (a) It is unlawful for any person to hunt or take wildlife in a careless manner or to discharge a firearm or release an arrow in a careless manner that endangers human life or property.

(b) For the purposes of this section, "careless" means failing to exercise the degree of reasonable care that would be exercised by a person of ordinary prudence under all the existing circumstances.

(2) (a) Except as provided in subsection (2)(b) of this section, a person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the county jail for up to one year, or by both such fine and imprisonment, and an assessment of twenty license suspension points.

(b) A person who violates this section is subject to a fine of five hundred dollars and an assessment of fifteen license suspension points if at the time of the violation the person:

(I) Was hunting under a valid big game license;

(II) Killed a big game animal that is not covered by the license; and

(III) (A) Immediately field dressed the animal; and

(B) Reported the killing of the animal to the division.
C.R.S. § 33-5.5-102 — CO Code / Title 33 / Article 5.5 / Section 33-5.5-102
33-5.5-102. Duties of the fish health board
Status: in_force

33-5.5-102. Duties of the fish health board. (1) The fish health board shall review or initiate and consider, prior to presentation to the commission for adoption, every rule which is to regulate or control, or otherwise relates to, fish health, the spread of aquatic disease within private aquaculture facilities or cultured aquatic stock, or the importation into the state or the distribution of any exotic aquatic species.

(2) After considering any proposed rule, the fish health board shall vote to approve or disapprove the rule.

(3) The proposed rules approved by the fish health board shall be sent to the commission with the recommendation to adopt. The commission shall, through its normal regulatory review procedure, timely review the rule and act either to adopt or to decline to adopt the rule. In the event the commission declines to adopt the rule, it shall convey its decision to the board, along with an explanation of the reason for its decision.

(4) The proposed rules disapproved by the fish health board shall not be forwarded to the commission unless the director determines that a situation or condition exists which threatens to have a serious impact on existing aquatic populations and that the proposed regulation should be considered by the commission in spite of the recommendation of the fish health board. The director shall then forward the rule to the commission along with a recommendation of disapproval from the fish health board.

(5) Nothing in this section shall be construed to diminish or supersede the authority of the division or the commission to regulate or manage wild populations of aquatic organisms in the waters of the state or in facilities controlled or managed by the division or by the United States fish and wildlife service.

(6) The fish health board shall review any orders for the destruction of aquatic organisms or quarantines of aquaculture facilities which last beyond thirty days, and all such orders shall be conditioned upon the board's approval; except that destruction orders may be approved by the director of the division upon a determination that a situation exists which threatens imminent danger to existing aquatic populations or to human health and safety, and that no more reasonable means exist to control the condition.

(7) Destruction of aquatic organisms or quarantines shall be done in accordance with applicable regulations of the division.

(8) The board shall periodically review division rules relating to destruction or quarantine of aquaculture stock or facilities and recommend appropriate changes to the commission.
C.R.S. § 33-33-108 — CO Code / Title 33 / Article 33 / Section 33-33-108
33-33-108. Designation of a natural area
Status: in_force

33-33-108. Designation of a natural area. (1) A natural area that has been found by the commission, pursuant to its criteria, to be desirable for inclusion within the system and which inclusion has been approved by the owner of the land, becomes a designated natural area when articles of designation have been filed with the commission by the owner of the land or by a governmental agency having ownership or control of the land and such articles have been accepted by the commission with the advice and recommendation of the council.

(2) Articles of designation filed with the commission under subsection (1) of this section shall:

(a) Constitute a management agreement for the designated natural area;

(b) Contain a purpose clause defining the attributes which are the basis for the area's designation;

(c) Define the respective rights and duties of the owner and the commission;

(d) Contain provisions relating to management, development, use, public access, sale, or transfer of the area;

(e) Provide procedures to be applied in case of any violation of such articles;

(f) Contain such other provisions as may be necessary or advisable to carry out the purposes of this article, which shall include the recognition of reversionary rights if less than fee simple title has been acquired; and

(g) Contain the legal description of the designated property.

(3) The commission may, with the approval or upon the request of the owner of an interest therein and with the approval of the council, amend the articles of a designated natural area.

(4) A notice of the designation shall be certified by the commission to the county clerk and recorder in the county or counties in which the designated natural area is located for filing in the same manner as any document affecting real property.
C.R.S. § 33-44-113 — CO Code / Title 33 / Article 44 / Section 33-44-113
33-44-113. Limitation of liability
Status: in_force

33-44-113. Limitation of liability. The total amount of damages which may be recovered from a ski area operator by a skier who uses a ski area for the purpose of skiing or for the purpose of sliding downhill on snow or ice on skis, a toboggan, a sled, a tube, a skibob, a snowboard, or any other device and who is injured, excluding those associated with an injury occurring to a passenger while riding on a passenger tramway, shall not exceed one million dollars, present value, including any derivative claim by any other claimant, which shall not exceed two hundred fifty thousand dollars, present value, and including any claim attributable to noneconomic loss or injury, as defined in section 13-21-102.5 (2), C.R.S., whether past damages, future damages, or a combination of both, which shall not exceed two hundred fifty thousand dollars. If, upon good cause shown, the court determines that the present value of the amount of lost past earnings and the present value of lost future earnings, or the present value of past medical and other health-care costs and the present value of the amount of future medical and other health-care costs, or both, when added to the present value of other past damages and the present value of other future damages, would exceed such limitation and that the application of such limitation would be unfair, the court may award damages in excess of the limitation equal to the present value of additional future damages, but only for the loss of such excess future earnings, or such excess future medical and other health-care costs, or both. For purposes of this section, "present value" has the same meaning as that set forth in section 13-64-202 (7), C.R.S., and "past damages" has the same meaning as that set forth in section 13-64-202 (6), C.R.S. The existence of the limitations and exceptions thereto provided in this section shall not be disclosed to a jury.
C.R.S. § 33-6-114 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-114
33-6-114. Transportation, importation, exportation, and release of wildlife
Status: in_force

33-6-114. Transportation, importation, exportation, and release of wildlife. (1) It is unlawful for any person to transport or to export any wildlife or portion thereof within or from this state except in accordance with the rules or regulations of the commission.

(2) It is unlawful for any person to import any live wildlife into this state unless an importation license is obtained prior to importation, a current and valid health certificate accompanies each shipment, and such importation is in accordance with the rules and regulations of the commission.

(3) It is unlawful for any person to release, or knowingly allow the escape of, any live native or nonnative or exotic wildlife in Colorado except in accordance with the rules and regulations of the commission.

(3.5) This section does not apply to the transportation, importation, exportation, and release of live native or nonnative fish or viable gametes (eggs and sperm) which are governed by section 33-6-114.5.

(4) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars for violations involving native wildlife and by a fine of not less than two hundred fifty dollars nor more than one thousand dollars for violations involving nonnative or exotic wildlife. In addition, for violations involving either native wildlife or nonnative or exotic wildlife, five license suspension points per incident may be assessed by the division against an individual's license privileges.

(5) This section shall not apply to aquatic nuisance species, which shall be governed by article 10.5 of this title.
C.R.S. § 33-41-101 — CO Code / Title 33 / Article 41 / Section 33-41-101
33-41-101. Legislative declaration
Status: in_force

33-41-101. Legislative declaration. The purpose of this article is to encourage owners of land to make land and water areas available for recreational purposes by limiting their liability toward persons entering thereon for such purposes.
C.R.S. § 33-9-202 — CO Code / Title 33 / Article 9 / Part 2 / Section 33-9-202
33-9-202. Definitions
Status: in_force

33-9-202. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Applicant" means a governmental entity, a nonprofit organization, a for-profit organization, or a federally recognized tribe that is located in the state.

(2) "Colorado outdoors" means Colorado's open spaces, state parks, public lands, and other outdoor recreation areas.

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

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

(5) "Division" means the division of parks and wildlife, created in section 33-9-104.

(6) "Eligible youth" means a person who resides in Colorado and who is eligible for admission to public school in the state or who is no longer eligible for admission to public school in the state but is not yet twenty-six years old, and includes the person's family.

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

(8) "Low income" means median household income that is less than or equal to two hundred percent of the federal poverty line.

(9) "Outdoor equity board" or "board" means the outdoor equity board created in section 33-9-203.

(10) "Outdoor equity fund" or "fund" means the outdoor equity fund created in section 33-9-206.

(11) "Outdoor equity grant program" or "grant program" means the outdoor equity grant program created in section 33-9-205.
C.R.S. § 33-15-108 — CO Code / Title 33 / Article 15 / Section 33-15-108
33-15-108. Littering
Status: in_force

33-15-108. Littering. (1) It is unlawful for any person to litter any land or water under the control of the division. Except as otherwise provided in subsection (2) of this section, any person who violates this section commits a petty offense.

(2) Any person who throws, drops, or otherwise expels a lighted cigarette, cigar, match, or other burning material from a motor vehicle upon land under the control of the division commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
C.R.S. § 33-1-120 — CO Code / Title 33 / Article 1 / Section 33-1-120
33-1-120. Limitation on division and commission authority
Status: in_force

33-1-120. 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) The provisions of subsection (1) of this section shall not be construed to prevent the commission or the division from entering into common agreements with a federal agency pertaining to the stocking of fish or management of other wildlife on federally owned lands.

(3) The programs of the commission and division, including the listing of threatened and endangered species, shall not be utilized by the commission or division to supersede, abrogate, or impair any water right. For the purposes of this subsection (3), "impair" means requiring water users to forego water to which they are entitled under a water right.
C.R.S. § 33-3-203 — CO Code / Title 33 / Article 3 / Part 2 / Section 33-3-203
33-3-203. Claims procedure
Status: in_force

33-3-203. Claims procedure. (1) When any person has sustained damage to livestock forage caused by wild ruminants, such person shall notify the division of such damages within ten days after the discovery thereof. In the case of recurring damage, the division shall be notified within ten days after the discovery of each new or different occurrence of damage.

(2) (a) Proof of loss forms shall be filed within ninety days after the last notice of loss is submitted to the division under subsection (1) of this section. The division, within thirty days after the filing of such proof of loss forms, shall make an investigation of the alleged loss, and, where possible, shall attempt to reach an agreement with the claimant upon an amount of settlement. All such agreements shall be completed and the settlement amount paid in full within sixty days after terms and conditions have been agreed upon; otherwise, at the claimant's option, the matter shall proceed to arbitration or to court as provided in this article.

(b) (I) 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 unless the claimant waives arbitration. 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.

(II) In any case which goes to arbitration, all arbitrators chosen shall reside within fifty miles of the subject property. The arbitration proceeding shall be conducted pursuant to part 2 of article 22 of title 13, C.R.S. The decision of the arbitration panel shall be binding and shall be subject to judicial review only for statutory compliance with the provisions of this article and the said act. The claimant or the division may seek such review by filing an action for same in the county or district court in the county or judicial district where the subject damage is alleged to have occurred within thirty days after receipt of the arbitration panel's decision.

(c) Any waiver of arbitration shall be in writing and shall be mailed to the division within ten days after the claimant receives notification from the division of the denial of the claim, or within ten days after the claimant receives from the division an offer of settlement unacceptable to such claimant.

(d) In adjudication of any claim, should the court find that the claimant has made or the division has contested the claim without a substantial legal or factual basis, the court shall award the other party reasonable attorney fees, not to exceed the actual amount incurred, upon the submission of satisfactory proof thereof.

(3) For payment to a claimant, the controller shall draw a warrant upon a voucher approved by the division and the state treasurer shall pay the amount of settlement out of the wildlife cash fund.

(4) The division shall furnish forms to be used for the notice and proof of loss required under this section.
C.R.S. § 33-44-108 — CO Code / Title 33 / Article 44 / Section 33-44-108
33-44-108. Ski area operators - additional duties
Status: in_force

33-44-108. Ski area operators - additional duties. (1) Any motorized snow-grooming vehicle shall be equipped with a light visible at any time the vehicle is moving on or in the vicinity of a ski slope or trail.

(2) Whenever maintenance equipment is being employed to maintain or groom any ski slope or trail while such ski slope or trail is open to the public, the ski area operator shall place or cause to be placed a conspicuous notice to that effect at or near the top of that ski slope or trail. This requirement shall not apply to maintenance equipment transiting to or from a grooming project.

(3) All snowmobiles operated on the ski slopes or trails of a ski area shall be equipped with at least the following: One lighted headlamp, one lighted red tail lamp, a brake system maintained in operable condition, and a fluorescent flag at least forty square inches mounted at least six feet above the bottom of the tracks.

(4) The ski area operator shall have no duty arising out of its status as a ski area operator to any skier skiing beyond the area boundaries marked as required by section 33-44-107 (6).

(5) The ski area operator, upon finding a person skiing in a careless and reckless manner, may revoke that person's skiing privileges. This subsection (5) shall not be construed to create an affirmative duty on the part of the ski area operator to protect skiers from their own or from another skier's carelessness or recklessness.
C.R.S. § 33-12-105 — CO Code / Title 33 / Article 12 / Section 33-12-105
33-12-105. Licensing violations
Status: in_force

33-12-105. Licensing violations. (1) Except as otherwise provided in section 33-12-104 or by a commission rule regarding the manner by which a pass may be transferred, it is unlawful for any person to transfer, sell, or assign any pass or registration issued under articles 10 to 15 of this title 33 to another person. Any person who violates this subsection (1) commits a civil infraction and, upon conviction, shall be punished by a fine of two hundred dollars.

(2) Any person who makes any false statement or gives any false information in connection with purchasing or selling a pass or registration or who makes any alteration of a pass or registration commits a civil infraction and, upon conviction, shall be punished by a fine of two hundred dollars, and any such statement, information, or alteration shall render such pass or registration void.

(3) Any person who fails to obtain or make readily available for inspection by a parks and recreation officer or other peace officer an appropriate and valid pass commits a civil infraction and, upon conviction, shall be punished by a fine of twenty-five dollars.
C.R.S. § 33-11-106 — CO Code / Title 33 / Article 11 / Section 33-11-106
33-11-106. Responsibilities of committee
Status: repealed

33-11-106. Responsibilities of committee. (1) The committee, with the approval of the commission, shall coordinate trail development among local governments and shall assist local governments in the formation of their trail plans and advise the commission quarterly of its findings. In carrying out this responsibility, the committee shall review records of easements and other interests in land which are available and may be adapted for recreational trail usage, including public lands, utility easements, floodplains, railroad and other rights-of-way, geological hazard areas, gifts of land or interests therein, and steep slope areas. The committee shall advise the commission in the development of uniform standards for trail construction that may be adopted by the commission for statewide use and that shall be made available to participating local governments. The committee shall offer plans and methods for funding a trails system through user fees or other financing methods.

(2) Repealed.
C.R.S. § 33-32-106 — CO Code / Title 33 / Article 32 / Section 33-32-106
33-32-106. Equipment required - employees required to meet minimum qualifications
Status: in_force

33-32-106. Equipment required - employees required to meet minimum qualifications. (1) All licensed river outfitters shall provide the river-outfitting equipment required by rules promulgated by the commission, and said equipment shall be in a serviceable condition for its operation as required by the rules promulgated by the commission.

(2) All river outfitters who employ or contract with guides, trip leaders, or guide instructors shall employ or contract only with such individuals who meet the qualifications provided in section 33-32-105.5 (1) and provided by those rules promulgated by the commission.
C.R.S. § 33-14-101 — CO Code / Title 33 / Article 14 / Section 33-14-101
33-14-101. Definitions
Status: in_force

33-14-101. Definitions. As used in this article, unless the context otherwise requires:

(1) "Administrative costs" includes, but is not limited to, printing, postage, mailing, and personnel related to registration processing.

(2) "Dealer" means a person engaged in the business of selling snowmobiles at wholesale or retail in this state.

(3) "Direct services" includes, but is not limited to, the activities and expenses associated with law enforcement, safety certification, capital equipment, rescue and first aid equipment, snowmobile facilities, and division and contract services related to clearing parking lots and providing trail maintenance.

(4) "Manufacturer" means a person engaged in the business of manufacturing snowmobiles in this state.

(5) "Operate" means to ride in or on and control the operation of a snowmobile.

(6) "Operator" means every person who operates or is in actual physical control of a snowmobile.

(7) "Owner" means a person, other than a lienholder, having title to a snowmobile and entitled to the use or possession thereof.

(8) "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.

(8.5) "Possession" means physical custody of a snowmobile by any owner of a snowmobile or by any owner of a motor vehicle or trailer on or in which a snowmobile is placed for the purpose of transport.

(9) "Renter" means a person primarily engaged in the business of renting snowmobiles.

(10) "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel.

(11) "Snowmobile" means a self-propelled vehicle primarily designed or altered for travel on snow or ice when supported in part by skis, belts, or cleats. "Snowmobile" does not include machinery used strictly for the grooming of snowmobile trails or ski slopes.

(11.5) "Staging area" means any parking lot, trailhead, or other location to or from which any snowmobile is transported by truck, trailer, or other motor vehicle where it is placed into operation or removed from operation. "Staging area" does not include any location to which a snowmobile is transported primarily for the purpose of service, maintenance, repair, storage, or sale.

(12) "Street", "road", "freeway", or "highway" means the entire right-of-way between boundary lines of any of such public ways when any part thereof is open to the use of the public as a matter of right for the purpose of motor vehicle travel.
C.R.S. § 33-1-115 — CO Code / Title 33 / Article 1 / Section 33-1-115
33-1-115. Migratory birds - possession of raptors - reciprocal agreements
Status: repealed

33-1-115. Migratory birds - possession of raptors - reciprocal agreements. (1) The open season for all migratory game birds in the state of Colorado shall be the same as that fixed, or as may be fixed, under the administrative provisions of the federal "Migratory Bird Treaty Act", 16 U.S.C. sec. 703 to 711, as amended. Any change made by the United States department of the interior, fish and wildlife service, or any new ruling made by the secretary of the interior under said act which is applicable to the state of Colorado shall be in effect in the state of Colorado and shall be enforced by the division. The term "migratory birds" includes birds defined as such under the administrative provisions of said "Migratory Bird Treaty Act" and regulations adopted pursuant to the provisions of said act.

(2) (a) The commission shall issue licenses in accordance with its regulations to permit the possession of raptors for falconry and captive breeding purposes and to encourage individual efforts to propagate the species. The commission shall actively pursue the establishment of reciprocal agreements with other states and Canada as a signatory to the "Migratory Bird Treaty Act", which agreements shall allow for the taking, use, and transportation of raptors from each respective area by qualified and licensed applicants.

(b) Applicants from other states or Canadian provinces or territories which are signatories to the "Migratory Bird Treaty Act" and have reciprocal raptor agreements with Colorado may obtain nonthreatened raptors in reasonable numbers commensurate with raptor populations within this state. The commission may issue nonresident take licenses to such applicants, and the fees for such licenses shall be equivalent to the fees for comparable licenses in the states, provinces, or territories with which Colorado holds such agreements.

(c) It is the intent of the general assembly for the commission to make the rules of this state conform to or be more stringent than the provisions of the "Migratory Bird Treaty Act", as amended, and the "Endangered Species Act of 1973", as amended. These rules may include, but not be limited to, captive breeding and the use of domestic captive bred raptors and the purchase, sale, transportation, importation, exportation, or exchange of raptors with persons having like licenses.

(3) Repealed.
C.R.S. § 33-6-131 — CO Code / Title 33 / Article 6 / Part 1 / Section 33-6-131
33-6-131. Knowingly luring bears
Status: in_force

33-6-131. Knowingly luring bears. (1) Unless otherwise permitted by commission rule, it is unlawful for any person to place food or edible waste in the open with the intent of luring a wild bear to such food or edible waste.

(2) (a) This section shall not apply to acts related to agriculture, as defined in section 35-1-102 (1), C.R.S.

(b) For the purposes of this section, "food or edible waste" shall not include live animals or food that is grown in the open prior to such food being harvested.

(3) Any person who violates this section shall be given a warning. Upon a second or subsequent violation of this section, the person is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed:

(a) Two hundred dollars for a first offense;

(b) One thousand dollars for a second offense; or

(c) Two thousand dollars for a third or subsequent offense.
C.R.S. § 33-4-108 — CO Code / Title 33 / Article 4 / Section 33-4-108
33-4-108. Certificate of lawful possession
Status: repealed

33-4-108. Certificate of lawful possession. (Repealed)
C.R.S. § 33-12-107 — CO Code / Title 33 / Article 12 / Section 33-12-107
33-12-107. Agreements with special districts to collect special district tolls for access r
Status: repealed

33-12-107. Agreements with special districts to collect special district tolls for access road maintenance furnished by special districts. (Repealed)
C.R.S. § 33-9-203 — CO Code / Title 33 / Article 9 / Part 2 / Section 33-9-203
33-9-203. Outdoor equity board - creation - terms - per diem and expense reimbursement
Status: in_force

33-9-203. Outdoor equity board - creation - terms - per diem and expense reimbursement. (1) There is hereby created the outdoor equity board in the division of parks and wildlife. The board is responsible for the governance of the outdoor equity grant program.

(2) The board consists of the following nine voting members as follows:

(a) One member personally impacted by and with experience in racial justice issues;

(b) One member personally impacted by and with experience in environmental justice issues;

(c) One member with experience working on conservation issues;

(d) One member with experience in providing outdoor education programs;

(e) One member personally impacted by and with experience in disability-accessible outdoor programming;

(f) One member personally impacted by and with experience in equity for individuals who are lesbian, gay, bisexual, transgender, or queer or questioning; and

(g) Three youth members from communities eligible to be served by the grant program at the time of their appointment.

(3) The board consists of the following three nonvoting members as follows:

(a) The director of the Colorado outdoor recreation industry office, created in section 24-48.5-129, or their appointee;

(b) The director of the division of parks and wildlife, or their appointee; and

(c) The executive director of the great outdoors Colorado program, or their appointee.

(4) (a) The director shall appoint the voting members of the board in consultation with the executive director.

(b) The director shall accept nominations for board members through an open and public process established by the division that engages nonprofit and public organizations that have a focus on racial equity, environmental justice, conservation and stewardship, youth activity and engagement, education, disability advocacy and accessibility, advocacy and accessibility for individuals who are lesbian, gay, bisexual, transgender, or queer or questioning, advocacy for Native American or indigenous people, and other relevant areas of focus, and that:

(I) Work to ensure that youth and their families have access, representation, meaningful participation, and quality experiences in the outdoors;

(II) Promote culturally responsive programs, policies, protocols, and staffing in the outdoors; and

(III) Raise awareness of and seek to address the root causes of the environmental disparities facing underserved communities.

(5) To the extent possible, the director shall attempt to appoint voting members of the board:

(a) Who have experience providing educational experiences to underserved youth; and

(b) Who reflect the diversity of the state with regard to race, ethnicity, gender, immigration status, income, wealth, ability, and geography.

(6) The director shall make initial appointments to the board by October 15, 2021.

(7) (a) Except as provided in subsections (7)(b) and (7)(c) of this section, the term of office of the members of the board appointed by the director is four years.

(b) In order to ensure staggered terms of office, the initial term of office of the members of the board is:

(I) Two years for the members appointed pursuant to subsections (2)(a), (2)(b), and (2)(c) of this section; and

(II) Four years for the members appointed pursuant to subsections (2)(d), (2)(e), and (2)(f) of this section.

(c) The term of office for two of the youth members of the board is two years and the term of office for one of the youth members of the board is one year, as established by the director.

(d) Board members may serve no more than two terms.

(e) A member who is appointed to fill a vacancy shall serve the remainder of the unexpired term of the member whose vacancy is being filled; the remainder counts as one term for that appointee.

(8) (a) Voting members of the board receive a per diem of two hundred dollars for attendance at regularly scheduled meetings of the board during the 2021-22 state fiscal year, and two hundred dollars as annually adjusted for inflation based on the percentage change in 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, during the 2022-23 state fiscal year and each state fiscal year thereafter. Voting members of the board are also reimbursed for actual and necessary expenses incurred while performing official duties, together with mileage at the rate at which members of the general assembly are reimbursed pursuant to section 2-2-317.

(b) Nonvoting members may not receive per diem, but may be reimbursed for actual and necessary expenses incurred while performing official duties, together with mileage at the rate at which members of the general assembly are reimbursed pursuant to section 2-2-317.
C.R.S. § 33-41-103 — CO Code / Title 33 / Article 41 / Section 33-41-103
33-41-103. Limitation on landowner's liability
Status: repealed

33-41-103. Limitation on landowner's liability. (1) Subject to the provision of section 33-41-105, an owner of land who either directly or indirectly invites or permits, without charge, any person to use such property for recreational purposes does not thereby:

(a) Extend any assurance that the premises are safe for any purpose;

(b) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed;

(c) Assume responsibility or incur liability for any injury to person or property or for the death of any person caused by an act or omission of such person.

(2) (a) To the extent liability is found, notwithstanding subsection (1) of this section, the total amount of damages that may be recovered from a private landowner who leases land or a portion thereof to a public entity for recreational purposes or who grants an easement or other rights to use land or a portion thereof to a public entity for recreational purposes for injuries resulting from the use of the land by invited guests for recreational purposes shall be:

(I) For any injury to one person in any single occurrence, the amount specified in section 24-10-114 (1)(a)(I), C.R.S.;

(II) For an injury to two or more persons in any single occurrence, the amount specified in section 24-10-114 (1)(a)(II), C.R.S.

(b) The limitations in this subsection (2) shall apply only when access to the property is limited, to the extent practicable, to invited guests, when the person injured is an invited guest of the public entity, when such use of the land by the injured person is for recreational purposes, and only during the term of such lease, easement, or other grant.

(c) Nothing in this subsection (2) shall limit, enlarge, or otherwise affect the liability of a public entity.

(d) In order to ensure the independence of public entities in the management of their recreational programs and to protect private landowners of land used for public recreational purposes from liability therefor, except as otherwise agreed by the public entity and a private landowner, a private landowner shall not be liable for a public entity's management of the land or portion thereof which is used for recreational purposes.

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

(I) "Invited guests" means all persons or guests of persons present on the land for recreational purposes, at the invitation or consent of the public entity, and with or without permit or license to enter the land, and all persons present on the land at the invitation or consent of the public entity or the landowner for business or other purposes relating to or arising from the use of the land for recreational purposes if the public entity receives all of the revenues, if any, which are collected for entry onto the land. "Invited guests" does not include any such persons or guests of any person present on the land for recreational purposes at the invitation or consent of the public entity or the landowner if the landowner retains all or a portion of the revenue collected for entry onto the land or if the landowner shares the revenue collected for entry onto the land with the public entity. For the purposes of this subparagraph (I), "revenue collected for entry" does not include lease payments, lease-purchase payments, or rental payments.

(II) "Land" means real property, or a body of water and the real property appurtenant thereto, or real property that was subject to mining operations under state or federal law and that has been abandoned or left in an inadequate reclamation status prior to August 3, 1977, for coal mining operations, or July 1, 1976, for hard rock mining operations, which is leased to a public entity or for which an easement or other right is granted to a public entity for recreational purposes or for which the landowner has acquiesced to public use of existing trails that have historically been used by the public for recreational purposes. "Land", as used in this subsection (2), does not include real property, buildings, or portions thereof which are not the subject of a lease, easement, or other right of use granted to a public entity; except that land on which a landowner has acquiesced to public use of existing trails that have historically been used by the public for recreational purposes need not be subject to a lease, easement, or other right of use granted to a public entity. Nothing in this subparagraph (II) shall be construed to create a prescriptive easement on lands on which a landowner has acquiesced to public use of existing trails that have historically been used by the public for recreational purposes. The incidental use of such private property for recreational purposes shall not establish or presume facts to support land use classification or zoning.

(II.5) "Lease" or "leased" includes a lease-purchase agreement containing an option to purchase the property. Any lease in which a private landowner leases land or a portion thereof to a public entity for recreational purposes shall contain a disclosure advising the private landowner of the right to bargain for indemnification from liability for injury resulting from use of the land by invited guests for recreational purposes.

(II.7) "Management" means the entire range of activities, whether undertaken or not by the public entity, associated with controlling, directing, allowing, and administering the use, operation, protection, development, repair, and maintenance of private land for public recreational purposes.

(III) Repealed.

(f) Nothing in this subsection (2) shall limit the protections provided, as applicable, to a landowner under section 13-21-115, C.R.S.
C.R.S. § 33-15-101 — CO Code / Title 33 / Article 15 / Section 33-15-101
33-15-101. Powers of officers
Status: in_force

33-15-101. Powers of officers. (1) Every peace officer, as defined in section 33-10-102 (17), has the authority to enforce this article and shall assist parks and recreation officers in the enforcement of articles 10 to 15 and 32 of this title and the rules of the commission adopted pursuant thereto. Each such officer has the full power and authority to arrest any person who such officer has probable cause to believe is guilty of a violation of articles 10 to 15 or 32 of this title or any rule adopted pursuant thereto, and, in accordance with the constitutions and laws of the United States and the state of Colorado, to open, enter, and search all places of concealment including motor vehicles and vessels and all other places as provided by law where such officer has probable cause to believe evidence relating to a violation of this title is to be found and to seize the same.

(2) When the public health, safety, welfare, or necessity requires, any officer having the power to enforce the provisions of articles 10 to 15 and 32 of this title 33 shall have the authority to make use of any motor vehicle or other means of transportation, whether privately or publicly owned, to aid such officer in the performance of such officer's duties. In such a case, payment of reasonable compensation shall be made for the use of such motor vehicle or other means of transportation. Any person who refuses to comply with the provisions of this subsection (2) commits a civil infraction and, upon conviction thereof, shall be punished by a fine of fifty dollars.
C.R.S. § 33-44-114 — CO Code / Title 33 / Article 44 / Section 33-44-114
33-44-114. Inconsistent law or statute
Status: in_force

33-44-114. Inconsistent law or statute. Insofar as any provision of law or statute is inconsistent with the provisions of this article, this article controls.
C.R.S. § 33-3-106 — CO Code / Title 33 / Article 3 / Part 1 / Section 33-3-106
33-3-106. Excessive damage to property - permit to take wildlife - when - harassment by do
Status: in_force

33-3-106. Excessive damage to property - permit to take wildlife - when - harassment by dogs. (1) (a) Where wildlife is causing excessive damage to property, as determined by the division after consultation with the property owner, the division is authorized to issue a permit to the property owner, the property owner's designee, or to such other person selected by the division to kill a specified number of the species of wildlife causing such excessive damage. Upon request by the property owner, whenever the wildlife causing the excessive damage exceeds the wildlife objective set by the division for that species for that geographical area for the current year, the division is encouraged to issue a permit under this section. Any determination by the division that the damage being caused is not excessive may, upon application by the property owner, be reviewed by the commission.

(b) No permit to take wildlife pursuant to this subsection (1) shall be issued or used in violation of any local restriction on firearm use.

(2) Any wildlife killed, as permitted under subsection (1) of this section, shall remain the property of the state and shall be field dressed promptly, and such killing shall be reported to the division within forty-eight hours; except that the killing of a bear or mountain lion shall be reported within five days.

(3) Nothing in this section shall make it unlawful to trap, kill, or otherwise dispose of bears, mountain lions, or dogs without a permit in situations when it is necessary to prevent them from inflicting death, damage, or injury to livestock, real property, a motor vehicle, or human life and additionally, in the case of dogs, when it is necessary to prevent them from inflicting death or injury to big game and to small game, birds, and mammals. Any wildlife killed as permitted under this subsection (3) shall remain the property of the state, and such killing shall be reported to the division within five days. The division may bring a civil action against the owner of any dog inflicting death or injury to any big game and to small game, birds, and mammals for the value of each game animal injured or killed. The minimum value of each animal shall be as set forth in section 33-6-110.

(4) (Deleted by amendment, L. 2003, p. 1939, § 2, effective May 22, 2003.)
C.R.S. § 33-13-112 — CO Code / Title 33 / Article 13 / Section 33-13-112
33-13-112. Enforcement - applicability
Status: in_force

33-13-112. Enforcement - applicability. (1) Every parks and recreation officer and other peace officer of this state has the authority to enforce the provisions of this article and, in the exercise thereof, has the authority to stop and board any vessel; except that the officer shall have reasonable suspicion prior to boarding any vessel.

(2) The provisions of this article and the rules and regulations promulgated pursuant thereto shall apply to all waters of this state; except that such provisions shall not apply to standing bodies of water on private property which are used for private, noncommercial purposes.
C.R.S. § 33-10.5-104 — CO Code / Title 33 / Article 10.5 / Section 33-10.5-104
33-10.5-104. Inspection of conveyances - impoundment and quarantine - reimbursement - rules
Status: in_force

33-10.5-104. Inspection of conveyances - impoundment and quarantine - reimbursement - rules. (1) (a) Every qualified peace officer is authorized to enforce this article; except that such officer shall have a reasonable belief that a conveyance may contain an aquatic nuisance species before the officer orders the conveyance decontaminated or impounded and quarantined.

(b) Every qualified peace officer is authorized to stop and inspect for the presence of aquatic nuisance species a conveyance:

(I) (A) Prior to a vessel being launched onto waters of the state;

(B) Prior to departing from the waters of the state or a vessel staging area;

(C) That is visibly transporting any aquatic plant material; and

(D) Upon a reasonable belief that an aquatic nuisance species may be present; or

(II) That has encountered an aquatic nuisance species check station.

(2) Except as provided in subsection (4) of this section, a qualified peace officer may impound and quarantine a conveyance if:

(a) The qualified peace officer finds or reasonably believes that an aquatic nuisance species may be present after conducting an inspection authorized by this article;

(b) The person transporting the conveyance refuses to submit to an inspection authorized by this article for the presence of an aquatic nuisance species; or

(c) The person transporting the conveyance refuses to comply with an order authorized by this article to decontaminate the conveyance.

(3) The impoundment and quarantine of a conveyance may continue for the reasonable period necessary to inspect and decontaminate the conveyance and ensure that the aquatic nuisance species has been completely removed from the conveyance and is no longer living.

(4) Notwithstanding any provision to the contrary, no motor vehicle that is drawing a conveyance shall be impounded or quarantined pursuant to this article; however, the conveyance being drawn is still subject to impoundment and quarantine under this section.

(5) An authorized agent shall have the authority to stop, detain, and inspect a conveyance for the presence of an aquatic nuisance species; however, unless the authorized agent is a qualified peace officer, the authorized agent has no authority to impound and quarantine or order a conveyance decontaminated.

(6) (a) When a conveyance that has been impounded and quarantined pursuant to this section is decontaminated, the division may charge the owner of the conveyance the cost incurred by the division or its contractor in storing and decontaminating the conveyance.

(b) The charge imposed pursuant to subsection (6)(a) of this section shall be transmitted to the state treasurer, who shall credit the amounts to the division of parks and wildlife aquatic nuisance species fund, created in section 33-10.5-108.
C.R.S. § 33-10-116 — CO Code / Title 33 / Article 10 / Section 33-10-116
33-10-116. Backcountry search and rescue - study - training and physical and psychological
Status: in_force

33-10-116. Backcountry search and rescue - study - training and physical and psychological support pilot program. (1) (a) The division shall conduct a study and develop recommendations on how to address the challenges associated with backcountry search and rescue in the state. At a minimum, the study must address:

(I) How to improve and develop a sustainable structure for coordination among the state of Colorado, county sheriffs and local law enforcement agencies, public or nonprofit organizations that provide backcountry search and rescue services, and federal agencies;

(II) The availability and adequacy of workers' compensation or other benefits for individuals who are injured in the course of providing backcountry search and rescue services, including as volunteers;

(III) The availability and adequacy of retirement benefits for individuals who provide backcountry search and rescue services, including as volunteers;

(IV) Compensation and reimbursement of expenses for volunteers who provide backcountry search and rescue services;

(V) The availability of necessary equipment and the need for funding to obtain, maintain, and replace equipment and operate backcountry search and rescue teams;

(VI) The physical and psychological impacts of providing backcountry search and rescue and the availability and adequacy of physical and psychological support and resources for individuals who provide backcountry search and rescue services, including as volunteers;

(VII) Issues related to governmental immunity for volunteers who provide backcountry search and rescue services;

(VIII) Training needs for volunteers involved in backcountry search and rescue; and

(IX) The need for public outdoor safety education.

(b) In conducting the study required by this subsection (1), the division shall consult with affected stakeholders, including county sheriffs, public and nonprofit backcountry search and rescue organizations, the department of public safety, the department of local affairs, the Colorado avalanche information center, local governments, and other entities affected by or involved with backcountry search and rescue.

(c) The department shall report on the division's findings as part of the department's "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203 in January 2022 to the rural affairs and agriculture committee of the house of representatives and the agriculture and natural resources committee of the senate, or their successor committees.

(2) The division shall conduct outreach and training across the state on physical and psychological stress injuries and impacts faced by backcountry search and rescue volunteers. The outreach and training may include working with a qualified consultant to assess the physical and psychological needs of volunteers and provide training on recognizing and addressing those needs, developing a grant program for local government agencies or backcountry search and rescue organizations to provide physical and psychological support and training to volunteers, or developing other outreach, training, and services for backcountry search and rescue volunteers across the state.
C.R.S. § 33-3-103 — CO Code / Title 33 / Article 3 / Part 1 / Section 33-3-103
33-3-103. No liability for damage - when
Status: in_force

33-3-103. No liability for damage - when. (1) The state shall not be liable for:

(a) Damage to livestock caused by coyotes, bobcats, or dogs. It is the intent of the general assembly that the division shall use whatever proper means are available to effectively minimize depredation to livestock by coyotes and bobcats.

(b) Damage to motor vehicles caused by wildlife;

(c) Injury to or the death of any person caused by wildlife;

(d) Damages, if the division has furnished to the claimant sufficient and appropriate damage prevention materials and the claimant has refused to accept or use such materials exclusively for game damage prevention, and if the provisions of section 33-3-103.5 have been complied with by the division and the claimant;

(e) Damages, if the claimant has willfully failed to maintain damage prevention materials throughout the normal life of such materials, and such materials have not been damaged or destroyed by wildlife;

(f) Damages caused by wildlife if the claimant has unreasonably restricted hunting on land under his control or has unreasonably restricted passage to other land by restricting access across land under his control. In determining whether or not there has been an unreasonable restriction on hunting or availability of access by the claimant, the division shall consider only whether or not such restriction has significantly and adversely reduced a necessary harvest of wildlife.

(g) Damages caused by wildlife, if claimant charges a fee in excess of five hundred dollars per person, per season, for the purpose of big game hunting access on or across claimant's property.

(2) (Deleted by amendment, L. 2009, (SB 09-024), ch. 323, p. 1723, § 1, effective June 1, 2009.)
C.R.S. § 33-15-113 — CO Code / Title 33 / Article 15 / Section 33-15-113
33-15-113. Unattended vehicles without valid pass
Status: in_force

33-15-113. Unattended vehicles without valid pass. (1) If an unattended vehicle is parked within an area where a valid parks pass is required and does not display a valid parks pass, a peace officer may place upon the vehicle a notice of summons and complaint pursuant to section 33-15-102 (2). Such notice shall contain the license plate number and state of registration of the vehicle but does not need to contain the identification of the alleged offender.

(2) The notice of summons and complaint shall direct the owner or operator of the vehicle to remit a penalty assessment pursuant to section 33-15-102 to the division within ten days after the issuance of such notice unless the person wishes to appear before a court of competent jurisdiction. If the penalty assessment is not paid within ten days after issuance, the peace officer shall mail a notice to the registered owner of the vehicle, setting forth the offense and the time and place where such offense occurred and directing the payment of the penalty assessment within twenty days after the issuance of the notice unless the person wishes to appear before a court of competent jurisdiction. If the penalty assessment is not paid within twenty days after the date of mailing of the second notice, the peace officer who issued the original penalty assessment notice shall file a complaint with a court of competent jurisdiction and issue and serve upon the registered owner of the vehicle a summons to appear in court at a time and place specified in the summons and to show cause why a penalty should not be imposed pursuant to section 33-15-110.

(3) Payment of a penalty assessment pursuant to subsection (2) of this section to the division shall be deemed to be received on the date it is postmarked.

(4) The registered owner of a motor vehicle is liable for payment of a penalty assessment regardless of whether the owner knew or should have known that the vehicle would be or was parked or left unattended in a manner that violated section 33-15-110.