reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 46 - FENCE LAW (§§ 35-46-101 — 35-46-115) › Section 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.
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.
For disposition of estrays, see article 44 of this title.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 46 - FENCE LAW (§§ 35-46-101 — 35-46-115) › Section 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.
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.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 46 - FENCE LAW (§§ 35-46-101 — 35-46-115) › Section 35-46-106 - Care of stock taken into custody

It is the duty of any person who takes any animals into custody under the provisions of this article to feed and care for such animals in a reasonable, careful, and prudent manner and keep the same in as good order and condition as when so taken into custody by the said party, and he shall be liable for any damage occasioned by his failure to do so. For such feed and care such party shall be entitled to recover from the owner of such animals a reasonable compensation, to be recovered as provided for the recovery of damages sustained.
L. 17: p. 347, § 9. C.L. § 3161. CSA: C. 160, § 64. CRS 53: § 8-13-6. C.R.S. 1963: § 8-13-6.
For failure to provide an animal with proper food, drink, or protection from the weather, see § 18-9-202.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 46 - FENCE LAW (§§ 35-46-101 — 35-46-115) › Section 35-46-107 - Unlawful to break fence or open gate

It is unlawful for any person to willfully break down or cause to be broken down any fence or gate or to leave open any gate in such fence. This section shall not apply to the owner or occupant unless such owner or occupant causes such fence or gate to be broken down or left open with malicious intent.
L. 17: p. 348, § 10. C.L. § 3162. CSA: C. 160, § 65. CRS 53: § 8-13-7. C.R.S. 1963: § 8-13-7.
For criminal mischief, see § 18-4-501.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 46 - FENCE LAW (§§ 35-46-101 — 35-46-115) › Section 35-46-108 - Lien for trespass and care

Any party taking into custody animals under the provisions of this article shall have a lien upon such animals for the damages occasioned by the trespass of such animals and for a reasonable compensation for their feed and care while in the possession of the party, if damages are recovered.
L. 17: p. 348, § 11. C.L. § 3163. CSA: C. 160, § 66. CRS 53: § 8-13-8. C.R.S. 1963: § 8-13-8.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 46 - FENCE LAW (§§ 35-46-101 — 35-46-115) › Section 35-46-109 - Taking into custody or release unlawful - penalty

It is unlawful for any person to take into the person's custody any livestock without complying with the provisions of sections
35-46-102
to
35-46-105
unless such taking be done in good faith. It is unlawful for any person, forcibly or by trickery, fraud, or deceit, or without the knowledge and consent of the person having possession of any livestock taken under such provisions, to remove the same from the possession of such person. Any person violating the provisions of this section commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 645, eff. 3/1/2022.
L. 17: p. 348, § 12. C.L. § 3164. CSA: C. 160, § 67. L. 53: p. 592, § 9. CRS 53: § 8-13-9. L. 63: p. 322, § 6. C.R.S. 1963: § 8-13-9. L. 2021: Entire section amended, (SB 21-271), ch. 3283, p. 3283, § 645, effective 3/1/2022.
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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 46 - FENCE LAW (§§ 35-46-101 — 35-46-115) › Section 35-46-110 - Public highways - railways excluded

"Public highways", as used in this article, shall not be construed to include railways of any kind or railway rights-of-way of any kind.
L. 17: p. 349, § 15. C.L. § 3167. CSA: C. 160, § 70. CRS 53: § 8-13-11. C.R.S. 1963: § 8-13-11.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 46 - FENCE LAW (§§ 35-46-101 — 35-46-115) › Section 35-46-112 - Partition fences

Where the agriculture or grazing lands of two or more persons adjoin, whether or not such lands are farmed or grazed, it is the duty of the owner of each tract to build one-half of the line fence, such fence to be a lawful fence as described in section
35-46-101
. When the owner or tenant of any agricultural or grazing lands owns a previously erected lawful fence upon any line between such land and the agricultural or grazing lands of any other person, and such other person or anyone holding under such person, occupies the adjoining land, it is the duty of such owner to pay the person owning such fence one-half of its cash value.
L. 1885: p. 221, § 4. R.S. 08: § 2590. L. 17: p. 344, § 4. C.L. § 3156. CSA: C. 160, § 59. L. 53: p. 588, § 4. CRS 53: § 8-13-13. C.R.S. 1963: § 8-13-13.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 46 - FENCE LAW (§§ 35-46-101 — 35-46-115) › Section 35-46-113 - Cost and repair - how recovered

Partition fences between agricultural and grazing land shall be erected and also kept in repair at the joint cost of the owners of the respective adjoining tracts, except as otherwise agreed by such owners. If after thirty days written notice, served personally or by registered mail by either the owner or tenant of one tract upon the owner or tenant of the other tract, such other owner neglects or refuses to erect or repair one-half of the partition fence, the person giving notice may proceed to erect or repair the entire partition fence and collect by a civil action at law one-half the entire cost thereof from the other owner. Any judgment obtained against the owner of any land for the value of his share of any such partition fence or the repair thereof shall be a lien upon such owner's land to which such fence is appurtenant, and a special execution may issue and be levied upon the land to which such fence is appurtenant as in the manner now prescribed for the levying of an execution under the foreclosure of a mortgage upon real property. Such land may be sold under sheriff's sale for the purpose of satisfying such special execution in the same manner as is now provided for the foreclosure of mortgages on real property.
L. 1885: p. 221, § 5. R.S. 08: § 2591. L. 17: p. 344, § 5. C.L. § 3157. CSA: C. 160, § 60. L. 53: p. 589, § 5. CRS 53: § 8-13-14. C.R.S. 1963: § 8-13-14.
For foreclosure of mortgages on real property, see articles 37 to 41 of title 38 and C.R.C.P. 120.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 46 - FENCE LAW (§§ 35-46-101 — 35-46-115) › Section 35-46-114 - Fence may be removed - when

When any person unwittingly, or by mistake, erects a fence upon the land of another and when, by a line legally determined, that fact is ascertained, such person may enter upon such premises and remove such fence at any time within one year after giving or receiving notice that the line has been run; but when the fence to be removed forms any part of a fence enclosing a field of the other party, having a crop thereon, such first person shall not remove such fence until such crop can, with reasonable diligence, be gathered and secured.
L. 1885: p. 222, § 7. R.S. 08: § 2593. C.L. § 3169. CSA: C. 160, § 73. CRS 53: § 8-13-15. C.R.S. 1963: § 8-13-15.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 46 - FENCE LAW (§§ 35-46-101 — 35-46-115) › Section 35-46-115 - [Repealed]

L. 71: p. 170, § 1. C.R.S. 1963: § 8-13-16. L. 77: Entire section repealed, p. 293, § 13, effective May 26.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 47 - LIVESTOCK - RUNNING AT LARGE (§§ 35-47-101 — 35-47-103) › Section 35-47-101 - Horses and mules running at large

It is unlawful for any owner, or the agent, lessee, bailee, or employee of such owner of any horses or mules, to knowingly permit any of said animals to run at large, within a distance of ten miles from any city having one hundred thousand or more population; within a distance of five miles of any city having between five thousand and thirty thousand population; within a distance of one mile of all other cities or towns; and within a distance of one mile from the business area of any unincorporated town or village; but nothing in this article shall prevent anyone from driving any of said animals to market or from pasture to pasture or prevent the use of horses or mules for riding, driving, or drawing animal-propelled vehicles or machinery. This article shall not affect any common used solely for grazing purposes which has been established by land grant and ratified by treaty.
L. 57: p. 142, § 1. CRS 53: § 8-19-1. C.R.S. 1963: § 8-18-1.
Cross references:
For penalty for grazing on roads and in municipalities, see §
35-46-105
; for powers of municipalities to restrain and impound estrays, see §
31-15-401(1)(m)
.
For penalty for grazing on roads and in municipalities, see § 35-46-105; for powers of municipalities to restrain and impound estrays, see § 31-15-401(1)(m).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 47 - LIVESTOCK - RUNNING AT LARGE (§§ 35-47-101 — 35-47-103) › Section 35-47-102 - Duty of custodian - fees - recovery

Where said animals are in violation of section
35-47-101
, it is the duty of every sheriff or other peace officer of the county, on complaint of any person, to take custody of such animals and place them on feed and water. He may appoint a custodian for such purpose and pay such custodian a fee of four dollars per day to be assessed as costs; and the owner or agent may give the sheriff or other officer a redelivery bond in sufficient sum for repossession of his stock, pending a court action. In cases where the owner or agent is known and has been convicted in court, the sheriff or other officer may dispose of such animals or sufficient numbers of them to pay for the fine and reasonable costs of feeding and other expenses in connection therewith, after giving ten days notice by posting three notices in public and conspicuous places. In cases where the owner of such animals is unknown, the animals shall be taken up and disposed of by the state board of stock inspection commissioners, or one of its duly authorized representatives, the same as other estrays as provided for by law.
L. 57: p. 142, § 2. CRS 53: § 8-19-2. C.R.S. 1963: § 8-18-2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 47 - LIVESTOCK - RUNNING AT LARGE (§§ 35-47-101 — 35-47-103) › Section 35-47-103 - Penalty

Any person who knowingly permits any of said animals to run at large commits a civil infraction.
Amended by 2021 Ch. 462, § 646, eff. 3/1/2022.
L. 57: p. 143, § 3. CRS 53: § 8-19-3. C.R.S. 1963: § 8-18-3. L. 2021: Entire section amended, (SB 21-271), ch. 3283, p. 3283, § 646, effective 3/1/2022.
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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 48 - BULLS, RAMS, AND BOARS (§§ 35-48-101 — 35-48-104) › Section 35-48-101 - Lien one year

The keepers of bulls, rams, and boars, in this state, have liens upon the get of such animals for the space of one year from the birth of same, for payment of service of such bull, ram, or boar.
L. 1879: p. 190, § 1. G.S. § 3193. R.S. 08: § 6445. C.L. § 3269. CSA: C. 160, § 199. CRS 53: § 8-9-8. C.R.S. 1963: § 8-9-8.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 48 - BULLS, RAMS, AND BOARS (§§ 35-48-101 — 35-48-104) › Section 35-48-102 - Bona fide purchasers protected

Section 35-48-101 shall not apply to a bona fide purchaser without notice of the lien.
L. 1879: p. 190, § 2. G.S. § 3194. R.S. 08: § 6446. C.L. § 3270. CSA: C. 160, § 200. CRS 53: § 8-9-9. C.R.S. 1963: § 8-9-9.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 48 - BULLS, RAMS, AND BOARS (§§ 35-48-101 — 35-48-104) › Section 35-48-103 - Inferior bulls or rams

(1)
It is unlawful for any person, firm, or corporation to permit any inferior bull over the age of one year or any inferior ram over the age of two months to run at large in this state. Any bull shall be considered an inferior bull that is not registered or eligible for registration as a purebred animal.
(2)
Any person permitting cows of which he is the owner or agent of the owner to run at large upon the public ranges of this state shall furnish during breeding season at least one registered purebred bull of one of the recognized beef breeds, not less than eighteen months of age, for every twenty-five head of cows or fraction thereof over ten head so permitted to run at large in this state. No owner or agent of the owner shall permit any jersey, holstein, guernsey, ayrshire, or other bull not registered or eligible for registration as one of the recognized beef breeds to run at large in this state under any pretense whatever, and should any such bull break through any enclosure surrounded by a lawful fence, the owner of such animal shall be liable for all damages occasioned by such trespass.
(3)
Any person violating any of the provisions of this section commits a civil infraction.
Amended by 2021 Ch. 462, § 647, eff. 3/1/2022.
L. 21: p. 756, § 1. C.L. § 3258. L. 31: p. 760, § 1. CSA: C. 160, § 188. CRS 53: § 8-9-10. C.R.S. 1963, § 8-9-10. L. 67: p. 314, § 1. L. 2021: (3) amended, (SB 21-271), ch. 3283, p. 3283, § 647, effective 3/1/2022.
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.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 48 - BULLS, RAMS, AND BOARS (§§ 35-48-101 — 35-48-104) › Section 35-48-104 - Castration of inferior animals

It is lawful for any stock grower to castrate or cause to be castrated any inferior animal found running at large; but, if any person castrates any animal belonging to another, without permission, and on proper evidence before any competent court it is proved to the satisfaction of said court that such animal was not within the prohibition of section
35-48-103
, said person so castrating such animal shall be liable for damages in three times the value of the animal so castrated and costs of suit.
L. 1872: p. 180, § 5. L. 1874: p. 250, § 1. G.L. § 2568. L. 1883: p. 279, § 1. G.S. § 1307. L. 1899: p. 250, § 1. R.S. 08: § 6436. C.L. § 3240. CSA: C. 160, § 157. CRS 53: § 8-9-11. C.R.S. 1963: § 8-9-11.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 49 - LIVESTOCK WATER TANKS (§§ 35-49-101 — 35-49-116) › Section 35-49-101 - Short title

This article shall be known and may be cited as the "Livestock Water Tank Act of Colorado".
L. 41: p. 525, § 1. CSA: C. 160, § 226. CRS 53: § 8-17-1. C.R.S. 1963: § 8-17-1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 49 - LIVESTOCK WATER TANKS (§§ 35-49-101 — 35-49-116) › Section 35-49-102 - Legislative declaration

It is the policy of the state of Colorado to encourage and improve range conditions for livestock within its borders through the construction of watering tanks, to provide a system of priorities of right of use thereof, and to protect adjudicated water rights and the public interest by providing an official record and reasonable public supervision of such watering tanks.
L. 41: p. 525, § 2. CSA: C. 160, § 227. CRS 53: § 8-17-2. C.R.S. 1963: § 8-17-2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 49 - LIVESTOCK WATER TANKS (§§ 35-49-101 — 35-49-116) › Section 35-49-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Livestock water tanks" includes all reservoirs created by dams constructed after April 17, 1941, on watercourses, the channels of which are normally dry as determined by the state engineer, having a capacity not exceeding ten acre feet and a vertical height not exceeding fifteen feet from the bottom of the channel to the bottom of the spillway to be used for stock watering purposes.
L. 41: p. 525, § 4. CSA: C. 160, § 229. CRS 53: § 8-17-4. C.R.S. 1963: § 8-17-4.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 49 - LIVESTOCK WATER TANKS (§§ 35-49-101 — 35-49-116) › Section 35-49-104 - Statutes inapplicable

The provisions of sections
37-87-101
to
37-87-108
and
37-87-114
to
37-87-115
, C.R.S., shall not apply to livestock water tanks of the character defined in section
35-49-103
.
L. 41: p. 525, § 3. CSA: C. 160, § 228. CRS 53: § 8-17-3. C.R.S. 1963: § 8-17-3. L. 86: Entire section amended, p. 1092, § 3, effective May 16.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 49 - LIVESTOCK WATER TANKS (§§ 35-49-101 — 35-49-116) › Section 35-49-105 - Not used for irrigation

No livestock water tanks constructed under the provisions of this article shall be used for irrigation purposes, and nothing contained in this article shall be construed as conferring upon the owner of any such livestock water tank a priority of use superior to any vested water right or to an adjudicated appropriation of water pursuant to state laws. Unless built upon an intermittent or perennial main stream, dams creating such livestock water tanks shall be deemed to have a rebuttable presumption that there is no injury to adjudicated water rights when built pursuant to the specifications set forth in section
35-49-103
. If used solely for watering of livestock in areas known to be deficient in windmill water, having a pumping capacity of less than five gallons per minute, dams of greater capacity than those designated in section
35-49-103
may be constructed on any ephemeral stream, but in such event, the state engineer may require the construction of drainage facilities to reduce the water impounded in the reservoir to the capacity prescribed in section
35-49-103
, within a thirty-six hour period.
L. 41: p. 525, § 5. CSA: C. 160, § 230. CRS 53: § 8-17-5. C.R.S. 1963: § 8-17-5. L. 67: p. 180, § 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 49 - LIVESTOCK WATER TANKS (§§ 35-49-101 — 35-49-116) › Section 35-49-106 - Plans submitted to state engineer

Anyone proposing to construct a dam for the creation of a livestock water tank, as described in section
35-49-103
, shall submit to the state engineer for approval an application on a form provided by the state engineer showing the general location of such proposed dam with reference to section, township, and range, location and dimensions of spillway, and the number, location, and size of dams already constructed within the watersheds of the dry channel on which such dam is proposed to be built. Nothing contained in this section shall be construed to specify plans and specifications of such technical detail or nature as to require preparation by an engineer or construction of such stock water tanks under the supervision of an engineer; it being the intent and purpose of the provisions of this section that the state engineer shall be apprised by the completed application of pertinent information sufficient to enable the state engineer to ascertain the general location of the water tank, its operation in relation to tanks already constructed, its relative priority rights, its effect on existing appropriations of water, its capacity, its dam dimensions, the necessary and reasonable factors of safety, and its compliance with the provisions of this article.
L. 41: p. 526, § 6. CSA: C. 160, § 231. CRS 53: § 8-17-6. C.R.S. 1963: § 8-17-6. L. 92: Entire section amended, p. 2304, § 1, effective June 3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 49 - LIVESTOCK WATER TANKS (§§ 35-49-101 — 35-49-116) › Section 35-49-107 - Construction requirements

(1)
The state engineer shall examine each application submitted and, if the state engineer approves the same, shall return one copy of each such application with the approval of the state engineer thereon to the person submitting the same and file the other copy at the office of the state engineer. If the state engineer disapproves such application, or any part thereof, the same shall be returned to the applicant for correction and revision. In cases where the state engineer deems it necessary, before approval thereof, the state engineer may inspect the proposed water tank site and make such independent investigation as necessary. Whether the state engineer approves such application, or disapproves it and returns the same for correction and revision, the state engineer shall act within fifteen days after the application is submitted. Until the approval by the state engineer of an application has been obtained, the construction of such dam is prohibited.
(2)
The provisions of this section and section
35-49-112
specifying approval by the state engineer and providing a fee therefor shall not apply to dams having a vertical height not exceeding five feet from the bottom of the channel to the bottom of the spillway and which impound not more than two acre feet of water.
(3)
Anyone proposing to construct a dam for the creation of a livestock water tank, as described in section
35-49-103
, shall comply with section
35-49-106
. Every owner of a proposed reservoir for stock watering purposes who desires to obtain a priority number for such structure shall comply fully with all pertinent provisions of this article.
L. 41: p. 526, § 7. CSA: C. 160, § 232. CRS 53: § 8-17-7. C.R.S. 1963: § 8-17-7. L. 92: Entire section amended, p. 2305, § 2, effective June 3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 49 - LIVESTOCK WATER TANKS (§§ 35-49-101 — 35-49-116) › Section 35-49-108 - State engineer to inspect dam

When such a dam is completed the state engineer shall be notified of such completion and, thereafter, may inspect said stock water tank. If the state engineer finds that the construction fails to conform with the application approved by the state engineer, it then becomes the duty of the owner of such dam to make such change and corrections therein as the state engineer has determined to be necessary to correct such failure, and when the same have been made, the state engineer shall provide in writing approval of such structure. Approval shall be granted by the state engineer upon reasonable compliance with the approved application and standard specifications. A livestock water tank shall not be disapproved because of failure to observe technical engineering details in construction.
L. 41: p. 527, § 8. CSA: C. 160, § 233. CRS 53: § 8-17-8. C.R.S. 1963: § 8-17-8. L. 92: Entire section amended, p. 2305, § 3, effective June 3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 49 - LIVESTOCK WATER TANKS (§§ 35-49-101 — 35-49-116) › Section 35-49-109 - Priority determined - how

The state engineer's certificate of approval of a livestock water tank on each normally dry stream and its tributaries shall be chronologically numbered in the order of approval and in concert with any erosion control dams approved pursuant to section
37-87-122
, C.R.S. Priority of right as between such tanks located on or within the watershed of each such dry stream shall be determined by such numbers seriatim, number one being first in such right.
L. 41: p. 527, § 9. CSA: C. 160, § 234. CRS 53: § 8-17-9. C.R.S. 1963: § 8-17-9. L. 92: Entire section amended, p. 2306, § 4, effective June 3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 49 - LIVESTOCK WATER TANKS (§§ 35-49-101 — 35-49-116) › Section 35-49-110 - Standard plans - publication

The state engineer shall prepare and keep in file at the office of the state engineer standard plans, drawings, and specifications for livestock water tanks, which shall be subject to revision by the state engineer and shall in general be used as a guide by persons proposing to construct such tanks. Publication of these plans shall be subject to the approval and control of the executive director of the department of natural resources.
L. 41: p. 528, § 10. CSA: C. 160, § 235. CRS 53: § 8-17-10. C.R.S. 1963: § 8-17-10. L. 64: p. 127, § 34. L. 92: Entire section amended, p. 2306, § 5, effective June 3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 49 - LIVESTOCK WATER TANKS (§§ 35-49-101 — 35-49-116) › Section 35-49-111 - When conduits not required

Where, in the judgment of the state engineer, tanks upon any stream and its tributaries do not require conduits for purposes of safety or the protection of prior livestock water tank rights, it is lawful for the state engineer to approve an application not calling for conduits. Nothing in this section shall abrogate the right of any owner of a vested water right or appropriation of water to require such conduits in any case where necessary to protect such senior right.
L. 41: p. 528, § 11. CSA: C. 160, § 236. CRS 53: § 8-17-11. C.R.S. 1963: § 8-17-11. L. 92: Entire section amended, p. 2306, § 6, effective June 3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 49 - LIVESTOCK WATER TANKS (§§ 35-49-101 — 35-49-116) › Section 35-49-112 - Fees deposited in general fund

Each application for a livestock water tank submitted to the state engineer under the provisions of this article shall be accompanied by a fee of fifteen dollars. This fee shall be deposited by the state engineer with the state treasurer who shall credit all such fees to the general fund of the state.
L. 41: p. 528, § 12. CSA: C. 160, § 237. L. 51: p. 789, § 1. CRS 53: § 8-17-12. L. 61: p. 185, § 1. C.R.S. 1963: § 8-17-12. L. 90: Entire section amended, p. 1616, § 1, effective July 1. L. 92: Entire section amended, p. 2306, § 7, effective June 3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 49 - LIVESTOCK WATER TANKS (§§ 35-49-101 — 35-49-116) › Section 35-49-113 - [Repealed]

L. 41: p. 528, § 13. CSA: C. 160, § 238. CRS 53: § 8-17-13. C.R.S. 1963: § 8-17-13. L. 92: Entire section repealed, p. 2306, § 8, effective June 3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 49 - LIVESTOCK WATER TANKS (§§ 35-49-101 — 35-49-116) › Section 35-49-114 - [Repealed]

L. 41: p. 529, § 14. CSA: C. 160, § 239. CRS 53: § 8-17-14. C.R.S. 1963: § 8-17-14. L. 92: Entire section repealed, p. 2307, § 9, effective June 3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 49 - LIVESTOCK WATER TANKS (§§ 35-49-101 — 35-49-116) › Section 35-49-115 - Penalty

The owner of any dam or reservoir failing to comply with the provisions of this article shall be subject to a penalty of not more than twenty-five dollars nor less than five dollars, to be recovered and disposed of as are fines for violations of section
37-87-114
, C.R.S.
L. 41: p. 529, § 15. CSA: C. 160, § 240. CRS 53: § 8-17-15. C.R.S. 1963: § 8-17-15.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 49 - LIVESTOCK WATER TANKS (§§ 35-49-101 — 35-49-116) › Section 35-49-116 - Appropriation - transfer of funds

The general assembly shall annually appropriate from the general fund moneys for the administration of this article.
L. 61: p. 185, § 2. CRS 53: § 8-17-16. C.R.S. 1963: § 8-17-16.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50 - LIVESTOCK HEALTH ACT (§§ 35-50-101 — 35-50-122) › Section 35-50-101 - Short title

This article shall be known and may be cited as the "Livestock Health Act".
L. 2005: Entire article R&RE, p. 447, § 1, effective December 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50 - LIVESTOCK HEALTH ACT (§§ 35-50-101 — 35-50-122) › Section 35-50-102 - Legislative declaration

The general assembly finds and declares that the diagnosis, control, and eradication of livestock diseases are matters of statewide concern. Livestock disease control is essential to the livestock industry and the health of the economy of the state of Colorado. The provisions of this article are enacted to protect the public health, safety, and welfare.
L. 2005: Entire article R&RE, p. 447, § 1, effective December 1.
This section is similar to former § 35-50-135 as it existed prior to 2005, and the former § 35-50-102 was relocated to §
35-50-112
.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50 - LIVESTOCK HEALTH ACT (§§ 35-50-101 — 35-50-122) › Section 35-50-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Accredited veterinarian" means a veterinarian approved by the United States department of agriculture in accordance with
9 CFR 161
, as may be amended from time to time.
(2)
"Commission" means the state agricultural commission.
(3)
"Commissioner" means the commissioner of agriculture.
(4)
"Department" means the department of agriculture.
(5)
"Hold" means a temporary order issued by the state veterinarian when an infectious or contagious disease is suspected in livestock to isolate any specific livestock, premises, county, district, or section of the state; restrict the movement of livestock; and specify sanitary measures, pending completion of testing.
(6)
"Infectious or contagious disease" means a reportable or emerging disease of livestock that poses a significant risk to the livestock industry of the state resulting from infectious agents, such as viruses, rickettsia, bacteria, fungi, protozoa, internal or external parasites, or prions, or any reportable or emerging communicable disease that is capable of being transmitted from one animal to another animal or to a human, whether communicated directly or indirectly through an intermediate plant or livestock host, a vector, or the environment.
(7)
"Livestock" means cattle, sheep, goats, bison, swine, mules, poultry, horses, alternative livestock as defined in section
35-41.5-102 (1)
, and all other domesticated animals raised or kept for profit.
(8)
"New or emerging disease" means an emerging livestock disease defined as a newly identified pathogen or strain of pathogen, a known pathogen in a new location, or a new presentation of a known pathogen.
(9)
"Owner" means the person or entity owning the livestock or property and the owner's officers, members, employees, agents, attorneys, and representatives.
(10)
"Quarantine" means an order issued by the commissioner when testing has confirmed the presence of an infectious or contagious disease in livestock, which order isolates specific livestock, premises, counties, districts, or sections of the state; restricts the movement of livestock; and specifies sanitary measures.
(11)
"Reportable disease" means an infectious or contagious disease specified by rule as reportable to the state veterinarian.
(12)
"State veterinarian" means the state veterinarian of the Colorado department of agriculture or his or her authorized representative.
(13)
"Test" or "testing" means or applies to the diagnostic test or any other method approved by the state veterinarian for detecting infectious or contagious diseases in livestock.
L. 2005: Entire article R&RE, p. 447, § 1, effective December 1.
This section is similar to former § 35-50-136 as it existed prior to 2005.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50 - LIVESTOCK HEALTH ACT (§§ 35-50-101 — 35-50-122) › Section 35-50-104 - State veterinarian and authorized representatives

(1)
Subject to section 13 of article XII of the state constitution, the commissioner is authorized to employ a licensed doctor of veterinary medicine as state veterinarian, who will be an authorized representative of the department.
(2)
The commissioner may employ, as assistants and authorized representatives, accredited veterinarians who are licensed to practice in Colorado as may be necessary to assist the state veterinarian in carrying out the duties and functions set forth in this article.
(3)
The commissioner may commission graduate veterinarians located in various portions of the state, to be known as commissioned state veterinarians. Such commissioned state veterinarians may be called upon by the state veterinarian to perform such special duties in all hazards arising from any livestock emergencies as may be assigned to them, and they shall report to the state veterinarian. Commissioned state veterinarians shall perform only such special duties as may be assigned to them. Such commissioned state veterinarians shall hold their commissions at the pleasure of the commissioner and may be removed at any time.
(4)
The commissioner may appoint or employ competent persons to perform duties as assigned by the state veterinarian for disease control or livestock emergencies.
(5)
The department shall administer an infectious or contagious disease surveillance, control, and eradication program and shall supervise or be responsible for the supervision of all personnel engaged in any county or area infectious or contagious disease control program. The service of personnel commissioned or appointed pursuant to subsections (3) and (4) of this section shall be paid for by the livestock owner unless specifically provided for by local, state, or federal funding.
(6)
All persons utilized by the commissioner, the department, and the state veterinarian pursuant to this section, whether employed or volunteer, shall be deemed employees of the department for purposes of article
10
of title
24
, C.R.S.
L. 2005: Entire article R&RE, p. 448, § 1, effective December 1.
This section is similar to former §§ 35-50-101, 35-50-117 , and 35-50-150, as they existed prior to 2005.
For the division of animal industry in the department of agriculture, see article 1 of this title and § 24-1-123.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50 - LIVESTOCK HEALTH ACT (§§ 35-50-101 — 35-50-122) › Section 35-50-106 - Veterinary vaccine and service fund - expenditures - rules

(1)
The commissioner may promulgate such rules as are necessary to establish a fund into which the proceeds from the sale of supplies and services shall be deposited. The proceeds from this fund are specifically and continuously appropriated for personnel necessary to carry out the provisions of this article, the purchase of supplies and such other laboratory expenses, and incidental expenses, including travel directly incidental to the infectious or contagious disease control and eradication program, as may be determined by the commissioner.
(2)
The moneys in the veterinary vaccine and service fund shall not be transferred or revert to the general fund or to any other fund.
L. 2005: Entire article R&RE, p. 451, § 1, effective December 1. L. 2009: Entire section amended, (SB 09-154), ch. 330, p. 1756, §1, effective August 5.
This section is similar to former § 35-50-146 as it existed prior to 2005, and the former § 35-50-106 was relocated to §
35-53-132
.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50 - LIVESTOCK HEALTH ACT (§§ 35-50-101 — 35-50-122) › Section 35-50-107 - Disease detection and prevention

Whenever the commissioner reasonably suspects that livestock are in or from an area of concentration or point of distribution where there is a potential for the spread of disease or that the livestock may have been exposed to or are suffering from an infectious or contagious disease, the commissioner may, as a sanitary measure, conduct surveillance or otherwise inspect the suspected livestock.
Amended by 2023 Ch. 222,§ 1, eff. 5/18/2023.
L. 2005: Entire article R&RE, p. 451, § 1, effective December 1.
The former § 35-50-107 was relocated to §
35-53-133
in 2005.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50 - LIVESTOCK HEALTH ACT (§§ 35-50-101 — 35-50-122) › Section 35-50-108 - Mandatory reporting

(1)
Any person who knows or has reason to believe that any livestock that belongs to or is in the possession of such person, or any livestock upon such person's premises, has a reportable disease shall immediately report such disease to the state veterinarian.
(2)
Whenever any veterinarian licensed in this state suspects a reportable disease in livestock of the state, such veterinarian shall immediately report such findings to the state veterinarian.
(3)
Every licensed, accredited veterinarian making tests upon livestock for tuberculosis in this state, immediately after the tests are concluded, shall report the result of the tests of all such livestock tested to the state veterinarian.
(4)
Diagnostic laboratories located within the state shall report all positive results of testing for reportable diseases.
(5)
Every veterinarian licensed in this state shall report all positive results of any testing for reportable diseases.
(6)
Any veterinarian who or diagnostic laboratory that reports, in good faith and in the normal course of business, disease test results pursuant to this section shall be immune from liability in any civil or criminal action brought against such veterinarian or diagnostic laboratory for reporting.
L. 2005: Entire article R&RE, p. 451, § 1, effective December 1.
This section is similar to former § 35-50-125 as it existed prior to 2005.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50 - LIVESTOCK HEALTH ACT (§§ 35-50-101 — 35-50-122) › Section 35-50-109.5 - Investigations - access - administrative subpoena

(1)
The commissioner may investigate as necessary to ensure compliance with this article 50.
(2)
(a)
At any reasonable time during regular business hours, upon consent or upon obtaining an administrative search warrant, the commissioner shall have access to all buildings, yards, pens, pastures, and other areas in which any animals are kept, handled, or transported for the purpose of carrying out this article 50 or any rule promulgated pursuant to this article 50.
(b)
(I)
The commissioner is authorized to:
(A)
Administer oaths and take statements;
(B)
Issue administrative subpoenas requiring the attendance of witnesses and the production of all books, memoranda, papers, and other documents, articles, or instruments; and
(C)
Compel the disclosure by witnesses of all facts known to them that are relevant to the matters under investigation.
(II)
Upon the failure or refusal of any witness to obey any subpoena, the commissioner may petition the district court to compel, and, upon a proper showing, the court may enter an order compelling, the witness to appear and testify or to produce documentary evidence. Failure to obey such an order of the court is punishable as a contempt of court.
(3)
Complaints of record made to the commissioner and the results of the commissioner's investigations may, in the discretion of the commissioner, be closed to public inspection during the investigatory period, except as provided by court order.
Added by 2023 Ch. 222,§ 3, eff. 5/18/2023.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 50 - LIVESTOCK HEALTH ACT (§§ 35-50-101 — 35-50-122) › Section 35-50-110 - State livestock disease diagnostic laboratories

The animal health laboratory in the department and the Colorado state university veterinary diagnostic laboratories, collectively known as the state livestock disease diagnostic laboratories, shall function to provide disease testing to support the department's livestock disease programs. The laboratories shall be scaled to provide testing of such volume as to meet the potential disease control, protection, and surveillance needs of the livestock industry of the state.
Amended by 2023 Ch. 222,§ 4, eff. 5/18/2023.
L. 2005: Entire article R&RE, p. 454, § 1, effective December 1.
This section is similar to §
35-50-119
, as it existed prior to 2005, and the former § 35-50-110 was relocated to §
35-50-111
and §
35-50-119
.