2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › ADMINISTRATION (§§ 24-1-101 — 24-19.9-103) › Article 1 - ADMINISTRATIVE ORGANIZATION ACT OF 1968 (§§ 24-1-101 — 24-1-138) › Section 24-1-124 - Department of natural resources - creation - divisions

(1)
There is hereby created a department of natural resources, the head of which shall be the executive director of the department of natural resources, who shall be the commissioner of mines. The executive director shall be appointed by the governor pursuant to law.
(2)
The office of the executive director, created in article
33
of this title 24, is a
type 2
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions under the department of natural resources.
(2.1)
The department of natural resources includes, as a part of the office of the executive director:
(a)
The office of commissioner of mines, created in section 1 of article XVI of the state constitution. The office of commissioner of mines is a
type 2
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions under the department of natural resources.
(b)
Repealed.
(c)
The Colorado avalanche information center, created pursuant to section
24-33-116
. The Colorado avalanche information center is a
type 2
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions under the department of natural resources.
(3)
The department of natural resources consists of the following divisions:
(a)
The division of water resources, the head of which is the state engineer, as described in subsection (4) of this section;
(b)
The Colorado water conservation board and the office of director thereof, created in article
60
of title
37
. The Colorado water conservation board and the office of the director are
type 1
entities, as defined in section
24-1-105
, and exercise their powers and perform their duties and functions under the department of natural resources as a division thereof.
(c)
(Deleted by amendment, L. 2000, p. 556, § 3, effective July 1, 2000.)
(d)
The state board of land commissioners, created in section 9 of article IX of the state constitution. The state board of land commissioners 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 of natural resources as a division thereof, subject to the state constitution.
(e)
The division of reclamation, mining, and safety, created in section
34-20-103
, the head of which is the director of the division of reclamation, mining, and safety, under the supervision of the executive director of the department of natural resources. The division and director are
type 2
entities, as defined in section
24-1-105
, and exercise their powers and perform their duties and functions as prescribed by law under the department of natural resources and the executive director thereof. The division of reclamation, mining, and safety includes the following:
(I)
The coal mine board of examiners, created in article
22
of title
34
. The coal mine board of examiners is a
type 2
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions under the department of natural resources as a section of the division of reclamation, mining, and safety.
(II)
The mined land reclamation board and the office of mined land reclamation, created in article
32
of title
34
. The mined land reclamation board 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 of natural resources and is allocated to the division of reclamation, mining, and safety. The office of mined land reclamation is a
type 2
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of reclamation, mining, and safety as a section thereof.
(III)
The office of active and inactive mines, created in article
21
of title
34
. The office of active and inactive mines is a
type 2
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions as prescribed by law under the department of natural resources and is allocated to the division of reclamation, mining, and safety as a section thereof.
(IV)
(Deleted by amendment, L. 2005, p. 1462, § 1, effective July 1, 2005.)
(V)
Repealed.
(f)
The energy and carbon management commission created in section
34-60-104.3 (1)
and the office of the director of the commission, created in article
60
of title
34
. The commission and the office of the director are
type 1
entities, as defined in section
24-1-105
, and exercise their powers and perform their duties and functions under the department of natural resources as a division of the department.
(g)
Repealed.
(h)
(I) and (II)
(Deleted by amendment, L. 2011, (SB 11-208), ch. 1382, p. 1382, § 3, effective July 1, 2011.)
(III)
Repealed.
(i)
(Deleted by amendment, L. 2011, (SB 11-208), ch. 1382, p. 1382, § 3, effective July 1, 2011.)
(j)
The division of forestry, created in section
24-33-201 (1)
, the head of which is the state forester, appointed pursuant to section
23-31-207
. The division of forestry and the state forester are
type 2
entities, as defined in section
24-1-105
, and exercise their powers and perform their duties and functions as prescribed by law under the department of natural resources and the executive director thereof.
(k)
(I)
(A)
The parks and wildlife commission, created in article
9
of title
33
. The powers, duties, and functions of the parks and wildlife commission include the powers, duties, and functions of the wildlife commission and the board of parks and outdoor recreation. The parks and wildlife commission is a
type 1
entity, as defined in section
24-1-105
.
(B)
The parks and wildlife commission includes, as an advisory council, the Colorado natural areas council created in article
33
of title
33
.
(II)
(A)
The division of parks and wildlife, the head of which is the director of the division of parks and wildlife, created in section
33-9-104
. The division of parks and wildlife and the office of the director of the division of parks and wildlife are
type 1
entities, as defined in section
24-1-105
.
(B)
The division of parks and wildlife includes the fish health board created in article
5.5
of title
33
. The fish health board is a
type 2
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions as specified by law under the department of natural resources and the executive director of the department of natural resources.
(4)
The division of water resources includes the following:
(a)
The office of the state engineer, created in article
80
of title
37
. The office of the state engineer 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 of natural resources and is allocated to the division of water resources as a section thereof.
(b)
The division engineers, created in part 2 of article
92
of title
37
. The division engineers are
type 1
entities, as defined in section
24-1-105
, and exercise their powers and perform their duties and functions under the department of natural resources and are allocated to the division of water resources as a section thereof.
(c)
The ground water commission, created in article
90
of title
37
. The ground water 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 of natural resources and is allocated to the division of water resources as a section thereof.
(d)
The state board of examiners of water well construction and pump installation contractors, created in article
91
of title
37
. The state board of examiners of water well construction and pump installation contractors 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 of natural resources and is allocated to the division of water resources as a section thereof.
(e)
Repealed.
(5)
Repealed.
Amended by 2023 Ch. 235,§ 22, eff. 7/1/2023.
Amended by 2022 Ch. 469, § 155, eff. 8/10/2022.
Amended by 2013 Ch. 316, § 48, eff. 8/7/2013.
Amended by 2013 Ch. 1, § 5, eff. 1/31/2013.
L. 68: p. 88, § 24. L. 69: pp. 867, 1223, §§ 2, 19. C.R.S. 1963: § 3-28-24. L. 72: pp. 321, 493, §§ 2, 3, 12. L. 74: (3)(f)(IV) repealed, p. 195, § 1, effective July 1. L. 77: (2.1) and (5) added, (3)(e)(I) and (3)(e)(III) amended, pp. 281, 1130, 1629, §§ 31, 32, 1, 2, effective July 1. L. 81: (3)(e)(III) amended, p. 1665, § 17, effective June 30. L. 83: (2.1) amended, p. 1307, § 2, effective May 10. L. 84: (3)(i) and (3)(f) amended, pp. 923, 934, §§ 13, 2, effective January 1. L. 87: (4)(d) amended, p. 1581, § 34, effective July 10. L. 88: (3)(i) amended and (5) repealed, p. 1179, § 3, effective March 23; (3)(e)(II) amended, p. 1180, § 4, effective May 3; (3)(e)(I) and (3)(e)(III) amended, p. 1435, § 14, effective June 11; (2.1)(a) amended, p. 1215, §7, effective July 1. L. 91: (4)(e) repealed, p. 884, § 4, effective June 5; (3)(h) amended, p. 200, § 7, effective June 7. L. 92: (2.1), (3)(e), and (3)(g) amended, p. 1917, § 2, effective July 1. L. 94: (3)(h)(III) added, p. 1710, § 7, effective July 1. L. 99: (3)(h)(III) amended, p. 533, § 3, effective May 3; (3)(h)(I) amended, p. 607, § 2, effective 1/1/2000. L. 2000: (3)(c) amended and (3)(j) added, p. 556, § 3, effective July 1. L. 2003: (2.1)(b) RC&RE and (3)(e)(V) repealed, p. 1961, §§ 2, 4, effective May 22. L. 2005: (3)(e)(IV) and (3)(g) amended, p. 1462, § 1, effective July 1. L. 2006: (3)(e) amended, p. 212, § 1, effective August 7. L. 2007: (3)(j) amended, p. 549, § 4, effective August 3. L. 2010: (3)(j) amended, (HB 10 -1223), ch. 41, p. 164, § 2, effective August 11. L. 2011: IP(3), (3)(h)(I), (3)(h)(II), and (3)(i) amended and (3)(k) added, (SB 11 -208), ch. 293, p. 1382, § 3, effective July 1. L. 2012: (3)(g) amended, (HB 12-1355), ch. 247, p. 1196, § 3, effective June 4; (3)(k)(I) amended, (HB 12-1317), ch. 248, p. 1203, § 6, effective June 4. L. 2013: (2.1)(c) added, (HB 13-1057), ch. 1, p. 2, § 5, effective January 31; (2.1)(b) repealed, (HB 13-1300), ch. 316, p. 1681, § 48, effective August 7.
(1) Subsection (3)(h)(III)(B) provided for the repeal of subsection (3)(h)(III), effective July 1, 2009. (See L. 1999, p. 533.)
(2) Subsection (3)(g)(II) provided for the repeal of subsection (3)(g), effective January 31, 2013, if the revisor of statutes received notification described in §
23-41-209(2)
. The revisor of statutes received said notification on January 25, 2013. (See L. 2012, p. 1196.)
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in the 2011 act amending the introductory portion to subsection (3) and subsections (3)(h)(I), (3)(h)(II), and (3)(i) and adding subsection (3)(k), see section 1 of chapter 293, Session Laws of Colorado 2011.