reglab/housing_qa huggingface dataset:
CO Code § 35-45-101 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 45 - Public Domain Range|§ 35-45-101. Determination of Grazing Rights

 To prevent dissension and breach of the peace, the question as to the kind of livestock, whether cattle or sheep, that shall have the preferred or better right to graze upon any particular portion of the public domain within this state shall be determined according to the use made thereof during the last grazing season, whether such use was as cattle or sheep range and whether the same was used as a spring, summer, fall, winter, or other kind of range; but a single instance of grazing or herding certain kind of livestock on any such range over the protest of others in prior use and occupancy thereof, who graze a different kind of livestock, will not confer a better right.   History. Source: L. 29: P. 443, § 1. CSA: C. 160, § 160. CRS 53: § 8-8-1 . C.R.S. 1963: § 8-8-1 .    ANNOTATION   Law reviews. For article, “The Public Domain in Colorado”, see 13 Rocky Mt. L. Rev. 296 (1941).   This article does not violate constitution of United States or any act of congress; nor does it violate any prohibition of the Colorado constitution. Allen v. Bailey, 91 Colo. 260 , 14 P.2d 1087 (1932); Jouflos v. Pitchford, 91 Colo. 284 , 14 P.2d 1097 (1932); Wyman v. Bell, 96 Colo. 223 , 41 P.2d 242 (1935).   Object and purpose. All that was purposed by this article was to provide for judicial determination of what particular portions of government lands should be grazed by herds and what by flocks. Blanc v. People ex rel. Wilcoxson, 94 Colo. 10 , 28 P.2d 801 (1933).   Inevitable effect of article is to enhance equality of enjoyment of citizens in the fruitful public domain. Allen v. Bailey, 91 Colo. 260 , 14 P.2d 1087 (1932).   What may be public domain is not to be determined pursuant to any provision of this article. Blanc v. People ex rel. Wilcoxson, 94 Colo. 10 , 28 P.2d 801 (1933).   States may prescribe reasonable regulations applicable to public lands. The United States is vested with the power to control and make all needful rules and regulations with respect to the public domain, and, while such power cannot be restricted by state legislation, states may prescribe reasonable police regulations applicable to public land areas insofar as such regulations do not conflict with congressional enactment. Allen v. Bailey, 91 Colo. 260 , 14 P.2d 1087 (1932).
CO Code § 35-45-102 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 45 - Public Domain Range|§ 35-45-102. Mixed Range Apportioned

 Any range being used as a mixed cattle and sheep range may be apportioned and divided between the different classes of livestock, that is cattle or sheep, grazed thereon by the district court having jurisdiction whenever a controversy or dispute arises upon complaint of any interested party using said range. Upon final hearing, any such range shall be apportioned according to the requirements of the different kinds of livestock grazed or herded thereon and the nature of the different parts of the range to be apportioned and in accordance with the equities and rights of the owners of the different kinds of livestock using such range as a class, regard being paid to the extent of the user theretofore made by each class of livestock growers.   History. Source: L. 29: P. 444, § 2. CSA: C. 160, § 161. CRS 53: § 8-8-2 . C.R.S. 1963: § 8-8-2 .    ANNOTATION   Section does not intend to perpetuate mixed ranges. Barrow v. Wilcoxson, 91 Colo. 278 , 14 P.2d 1095 (1932).   The classification between cattle and sheep is not arbitrary or unreasonable; the article is uniform in its operation upon all members of the class to which it is made applicable, and so the owners of such stock are not denied the equal protection of the laws. Consumers' League v. Colo. & S. Ry., 53 Colo. 54 , 125 P. 577 (1912); Allen v. Bailey, 91 Colo. 260 , 14 P.2d 1087 (1932).   Priority of use and occupation will be considered. In determining proportionate rights to pasture sheep and cattle on the public domain under this law, priority of use and occupation will be considered when the equities are otherwise equal. Barrow v. Wilcoxson, 91 Colo. 278 , 14 P.2d 1095 (1932).
CO Code § 35-45-104 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 45 - Public Domain Range|§ 35-45-104. Contents and Posting of Notice - Violations - Penalties

 [ ] Whenever any such portion of such public domain is decreed as a sheep or cattle range or it is decreed that the same is entitled to be used by sheep or cattle owners, as the case may be, the court shall enter an order directing the clerk of the court to give notice of the establishment of such range, which notice shall describe the area or boundaries of the range involved, pursuant to the terms of the decree, and state in substance the findings of the court. Three copies of said notice shall be posted at conspicuous places upon said range by the sheriff of the county in which said range is situated and return made to the clerk of said court, and thereafter it is unlawful for any person, whether acting in his own behalf or as the agent, servant, or employee of another, to graze or herd stock not entitled to be herded or grazed thereon. Each such person violating this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. Each day that any such person violates this article constitutes a separate offense.  Editor's note: This version of this section is effective until March 1, 2022.  History. Source: L. 29: P. 446, § 4. CSA: C. 160, § 163. CRS 53: § 8-8-4 . C.R.S. 1963: § 8-8-4 . L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3282, § 643, effective March 1, 2022.    Editor's note:   Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.   ANNOTATION   One may not be held guilty of contempt for grazing sheep on public land set aside for cattle by court decree where such lands were regularly entered for “stock-raising purposes” by the respondent pursuant to United States laws and regulations subsequent to the entry of the decree. Blanc v. People ex rel. Wilcoxson, 94 Colo. 10 , 28 P.2d 801 (1933).
CO Code § 35-45-104 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 45 - Public Domain Range|§ 35-45-104. Contents and Posting of Notice - Violations - Penalties

 [ ] Whenever any such portion of such public domain is decreed as a sheep or cattle range or it is decreed that the same is entitled to be used by sheep or cattle owners, as the case may be, the court shall enter an order directing the clerk of the court to give notice of the establishment of such range, which notice shall describe the area or boundaries of the range involved, pursuant to the terms of the decree, and state in substance the findings of the court. Three copies of said notice shall be posted at conspicuous places upon said range by the sheriff of the county in which said range is situated and return made to the clerk of said court, and thereafter it is unlawful for any person, whether acting in the person's own behalf or as the agent, servant, or employee of another, to graze or herd stock not entitled to be herded or grazed thereon. Each such person violating this article 45 commits a petty offense. Each day that any such person violates this article 45 constitutes a separate offense.  Editor's note: This version of this section is effective March 1, 2022.  History. Source: L. 29: P. 446, § 4. CSA: C. 160, § 163. CRS 53: § 8-8-4 . C.R.S. 1963: § 8-8-4 . L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3282, § 643, effective March 1, 2022.
CO Code § 35-45-105 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 45 - Public Domain Range|§ 35-45-105. Reapportionment of Range

  If any given area has been adjudged to be subject to use either as a cattle or sheep range, any person in interest may thereafter institute a supplemental proceeding in the same court which rendered the original decree, by filing a supplemental petition setting forth that such person has acquired livestock formerly grazed upon such range or ranch property adjacent to said range from an owner who formerly grazed or herded stock thereon. By reason of the change in ownership of such property the livestock theretofore grazed on said range, or part thereof, will no longer be herded or grazed thereon, and said petition may further show that said range can be apportioned and the original decree can be modified so as to permit the herding or grazing of different kinds of livestock upon a portion of said range without injury to or material interference with the rights and business of a majority of the persons then using said range and grazing the kind of livestock for which said range was originally allotted.    All persons using said range shall be made parties to the proceeding, and if upon the final hearing it appears that said range can be further apportioned or that livestock of a different kind can be grazed or herded on a portion of said range theretofore used by a different kind of livestock without injury to the business of a majority of the persons running livestock under the original decree, then such change may be permitted by supplemental decree; but sufficient range shall be left subject to the terms of the original decree to meet the actual requirements of all persons still running livestock of the kind given the preferred or better right under the original decree. Notice of the provisions of said supplemental decree shall be given as in case of an original decree, and thereafter any person using the portion of range described in said supplemental decree in accordance therewith shall not be subject to fine or imprisonment for violation of any of the terms of this article.     History. Source: L. 29: P. 447, § 5. CSA: C. 160, § 164. CRS 53: § 8-8-5 . C.R.S. 1963: § 8-8-5 .
CO Code § 35-45-106 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 45 - Public Domain Range|§ 35-45-106. Overstocking Range

  It is declared the policy of this state to preserve the grasses and vegetation on the public domain and protect the wild game of this state in their natural ranges, and especially on the winter ranges, and to prevent erosion of the soil and thereby conserve the waters and water supply originating on the public domain ranges of this state, and to prevent the indiscriminate and unregulated overstocking of such ranges which tends to deplete and destroy such vegetation, increase erosion, and diminish the water supply of the streams and springs of the state of Colorado. After May 19, 1929, when any range is adjudged or decreed to be either a cattle or sheep range under the provisions of this article, any person using such range and any person having the right to use water from any stream or source of supply fed from the watersheds in any such range may apply to the court in a supplemental proceeding to establish that any such range is then overstocked or that said range is about to be overstocked with the kind of livestock which may lawfully be herded or grazed thereon and that the vegetation is being permanently destroyed or is about to be permanently destroyed and the water supply upon which any person is dependent is about to be diminished or impaired.    All persons using said range shall be made parties defendant and the court shall proceed to hear testimony and fully investigate the conditions and determine the number of livestock that may be ranged thereon during the seasons when said range is customarily used for grazing purposes, and if it is fully and satisfactorily established by competent evidence that said range is then overstocked or is about to be overstocked, the court may determine the number of livestock that said range or portion of said range is capable of supporting for a period not exceeding two years, enjoining all persons from willfully or intentionally grazing or herding any greater number upon said range. As between the users of any such range adjudged to be an overstocked range, those who have made prior continuous use of said range in accordance with the customary use thereof and those who have privately owned lands accessible to said range upon which their said livestock can be fed or grazed when not on the public range shall have the preferred right up to the allotted number fixed by decree of court, and any decree entered under the provisions of this section shall so provide.     History. Source: L. 29: P. 448, § 6. CSA: C. 160, § 165. CRS 53: § 8-8-6 . C.R.S. 1963: § 8-8-6 .    ANNOTATION   Applied in Jouflos v. Pitchford, 91 Colo. 284 , 14 P.2d 1097 (1932).
CO Code § 35-45-107 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 45 - Public Domain Range|§ 35-45-107. How Article Construed

 Nothing in sections 35-45-101 to 35-45-106 shall be construed to prohibit free transit over the public domain as provided by the acts of congress or to confer upon any individual as such an exclusive right to the use or occupancy of any part of the public domain.   History. Source: L. 29: P. 449, § 7. CSA: C. 160, § 166. CRS 53: § 8-8-7 . C.R.S. 1963: § 8-8-7 .    ANNOTATION   Occasional grazing during drive does not violate injunction from grazing. Where the owner of sheep is enjoined from grazing them on designated cattle range, he may rightfully drive them across the latter to reach land held by him under lease if he does so in good faith; occasional grazing while the sheep are being driven or during temporary stops for needed rest will not constitute a violation of the injunction. Wyman v. Bell, 96 Colo. 223 , 41 P.2d 242 (1935).
CO Code § 35-45-108 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 45 - Public Domain Range|§ 35-45-108. Distribution of Receipts

  All moneys received by the state treasurer as the state's share of the amounts collected by the federal government under the provisions of sections 3 and 15 of the “Taylor Grazing Act”, and any act amendatory thereof, and under the provisions of Public Law 136, 82nd congress, approved August 31, 1951, shall be credited to a clearing account.    Moneys received under the provisions of section 3 of the “Taylor Grazing Act” which are derived from each grazing district in the state shall be paid over to the counties in which such grazing districts are located, in the proportion that the acreage of each county lying within a particular grazing district bears to the total acreage of such grazing district, as such acreages are certified by the federal agency administering such provisions.    Moneys received under the provisions of section 15 of the “Taylor Grazing Act” and under the provisions of Public Law 136, 82nd congress, shall be paid over to the several counties of the state from which such moneys were derived, as certified in reports furnished by the federal agency administering said provisions.    All such payments shall be calculated by the state treasurer and shall be made to the respective county treasurers during the month of September of each year.     History. Source: L. 35: P. 460, § 1. CSA: C. 160, § 166(1). L. 37: P. 615, § 1. L. 45: P. 601, § 1. CRS 53: § 8-8-8 . C.R.S. 1963: § 8-8-8 . L. 73: P. 1141, § 1.    Cross references:   For creation of grazing districts and other provisions of the “Taylor Grazing Act”, see 43 U.S.C. § 315 et seq.
CO Code § 35-45-109 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 45 - Public Domain Range|§ 35-45-109. Range Improvement Fund - Board of District Advisers

  All moneys paid to the counties shall be deposited with the county treasurer in a special fund to be known as the range improvement fund of district no. __. The county treasurer of any county in which a district is located shall be the ex officio district treasurer and custodian of moneys received and shall be liable upon his official bond for all moneys deposited in said range improvement fund. The county treasurer, as ex officio district treasurer, shall pay out such money in said range improvement fund upon the warrant of the chairman or vice-chairman of the district grazing advisory board or a board of district advisers established pursuant to subsection (2) of this section and after consultation with the district manager of the grazing district in which county the moneys were deposited. Said district grazing advisory boards are established pursuant to Public Law 94-579 (43 U.S.C. 1753) or its successor, as may be established by the secretary of the interior pursuant to the “Federal Advisory Committee Act”, Public Law 92-463 (86 Stat. 770; Title 5, App.).      In the event that the grazing advisory boards cease to exist, the commissioner of agriculture shall establish and maintain a board of district advisers for each grazing district upon the petition of a simple majority of the livestock lessees and permittees within the jurisdiction of the district. The function of the board of district advisers shall be to determine the use of the range improvement fund in accordance with section 35-45-110.    The number of advisers on each board and the number of years an adviser may serve shall be determined by the commissioner. Each board shall consist of livestock representatives who shall be lessees or permittees in the district under the board's jurisdiction and shall be chosen by the lessees and permittees in the district through an election prescribed by the commissioner. Each board of district advisers shall meet at least once annually.         History. Source: L. 35: P. 460, § 2. CSA: C. 160, § 166(2). L. 37: P. 616, § 2. L. 45: P. 602, § 2. CRS 53: § 8-8-9 . C.R.S. 1963: 8-8-9 . L. 77: Entire section R&RE, p. 1613, § 1, effective July 1. L. 86: Entire section R&RE, p. 1076, § 1, effective March 20.
CO Code § 35-45-110 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 45 - Public Domain Range|§ 35-45-110. Purposes of Fund

 The money deposited in the range improvement fund of any county shall be expended within such county for such purposes as may be directed by the board of district advisers of such grazing district or by the board of county commissioners in counties where there is no grazing district, including range improvements and maintenance, predatory animal control, rodent control, poisonous or noxious weed extermination, the purchase or rental of land and water rights, or for the purpose of the general welfare of livestock grazing within the district, or for any similar purpose.   History. Source: L. 37: P. 617, § 3. CSA: C. 160, § 166(3). L. 45: P. 602, § 3. CRS 53: § 8-8-10 . C.R.S. 1963: § 8-8-10 .
CO Code § 35-46-101 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 46 - Fence Law|§ 35-46-101. Definitions

 As used in this article, unless the context otherwise requires:    “Lawful fence” is a well-constructed three barbed wire fence with substantial posts set at a distance of approximately twenty feet apart, and sufficient to turn ordinary horses and cattle, with all gates equally as good as the fence, or any other fence of like efficiency. Railroad right-of-way fences constructed in compliance with the statute in force on the date of construction and maintained in good condition shall be considered legal fences.    “Livestock” includes horses, cattle, mules, asses, goats, sheep, swine, buffalo, and cattalo, but does not include “alternative livestock” as defined in section 35-41.5-102 (1).     History. Source: G.L. § 1202. L. 1879: P. 68, § 1. G.S. § 1461. L. 1885: P. 220, § 1. L. 1889: P. 164, § 1. R.S. 08: § 2587. L. 17: P. 342, § 1. C.L. § 3153. CSA: C. 160, § 56. L. 53: Pp. 587, 592, §§ 1, 10. CRS 53: §§ 8-13-1 , 0 . C.R.S. 1963: §§ 8-13-1, 8-13-10 . L. 94: (2) amended, p. 1710, § 10, effective July 1.    ANNOTATION   Law reviews. For article, “One Year Review of Torts”, see 38 Dicta 93 (1961).   This section prescribes character of fence which must be maintained to enable a party to recover damages from the owner of animals breaking through it. Fugate v. Smith, 4 Colo. App. 201, 35 P. 283 (1894).
CO Code § 35-46-103 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 46 - Fence Law|§ 35-46-103. Board of Arbitration

 When any person is trespassed upon or damaged by any livestock or takes into his custody any livestock under section 35-46-102 , the claim for damages occasioned by said livestock may be arbitrated by a board of three arbitrators, at the option of the party aggrieved selecting one, the owner of the livestock selecting a second, and the two thus chosen selecting a third. Said arbitrators so chosen shall meet and act as a board of arbitration within five days after a written application is made therefor by either party and written notice given to the other party. It is the duty of the person so taking into custody such livestock to notify in writing within five days after the taking into custody thereof the owner or person in charge of such livestock. If the owner or person in charge of such livestock is not known to the person taking the livestock into custody or cannot be found after diligent search and inquiry, then the person so taking custody of such livestock shall publish within one week a notice containing a full description of such livestock, including all marks and brands as nearly as can be ascertained, in a paper published nearest the place where the alleged damage occurred. In the event the owner of such livestock cannot be found within ten days after the date of the publication of such notice, the livestock shall be an estray and the state board of stock inspection commissioners shall be entitled to said livestock subject to the lien for damage sustained and cost and care and feeding of the same by the person taking such livestock into custody. Such person shall deliver the same to the owner thereof whenever such owner furnishes the person so damaged by such livestock a bond in double the amount of the damage claimed, executed by two responsible persons, said bond to be satisfactory to such damaged party or approved by a county judge or district judge of such county, conditioned upon the payment to the person taking custody of such livestock all damages and costs, if any such damages or costs are awarded.   History. Source: L. 17: P. 345, § 6. C.L. § 3158. CSA: C. 160, § 61. L. 53: P. 589, § 6. CRS 53: § 8-13-3 . C.R.S. 1963: § 8-13-3 . L. 64: P. 205, § 6.    Cross references:   For disposition of estrays, see article 44 of this title.   ANNOTATION   Applied in Thompson v. Davis, 117 Colo. 82 , 184 P.2d 133 (1947).
CO Code § 35-46-104 (2021)
2021 Colorado Code|Title 35 - Agriculture|Article 46 - Fence Law|§ 35-46-104. Finding of Board - Enforcement

 The finding of said board of arbitration, when reduced to writing and signed by a majority of the members thereof, constitutes an obligation on the part of the person against whom the finding is made to pay to the aggrieved party the sum set forth in the finding of said board of arbitration. In the event the person against whom the finding of such board of arbitration is made fails, neglects, or refuses to pay to the aggrieved party the sum set forth in the finding of said board of arbitration, within thirty days from the date of the written findings of such board, then the finding of said board of arbitration may be filed in any court of record within the jurisdiction where the damage was sustained. The finding of such board so filed shall be deemed for the purposes of sections 35-46-101 to 35-46-110 a judgment of said court and execution may issue thereon as by law provided in judgments of said court. The costs agreed upon to be incurred in said arbitration shall follow the findings as in suits at court. If the owner of any livestock makes a tender in money of all damages to the person claiming damages, the person claiming damages shall pay all costs and expenses thereafter accruing unless he is awarded a larger amount than was tendered by the owner of such livestock.   History. Source: L. 17: P. 346, § 7. C.L. § 3159. CSA: C. 160, § 62. L. 53: P. 590, § 7. CRS 53: § 8-13-4 . C.R.S. 1963: § 8-13-4 . L. 64: P. 205, § 7.