reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 5 - SALE AND IMPROVEMENT OF STATE LANDS (§§ 36-5-101 — 36-5-112) › Section 36-5-105 - Amount of bid

No land shall be sold upon an application filed under this article unless the applicant shall bid therefor an amount at least equal to the appraised value thereof. Applicants and all other persons purchasing at said sale may bid therefor in any amount in excess of said appraised value.
L. 21: p. 661, § 5. C.L. § 1206. CSA: C. 134, § 105. CRS 53: § 112-5-5. C.R.S. 1963: § 112-5-5.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 5 - SALE AND IMPROVEMENT OF STATE LANDS (§§ 36-5-101 — 36-5-112) › Section 36-5-106 - Payments - interest - expense

Payment for the lands shall in all cases be made as provided for by law; but, if the person upon whose application said lands are offered for sale is the successful bidder, then, and not otherwise, the following terms for payment shall apply: The sum bid, or any part thereof, shall not be due until twenty years from the date of said sale, when it shall be paid in full. All or any portion of the sum bid may be payable at any semiannual period. All sums bid shall bear interest at six percent per annum until paid. The interest shall be due and payable annually. Payment of the first three payments of said interest shall be deferrable at the option of such purchasing applicant until the end of the third year. The state board of land commissioners has the power, but shall be under no obligation, to grant other extensions of time for the payment of interest, and all such overdue interest shall draw interest at six percent until paid. The expenses of such sale shall in all cases be paid by the applicant.
L. 21: p. 662, § 6. C.L. § 1207. CSA: C. 134, § 106. CRS 53: § 112-5-6. C.R.S. 1963: § 112-5-6.
For terms of payment on the sale of state lands, see § 36-5-112.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 5 - SALE AND IMPROVEMENT OF STATE LANDS (§§ 36-5-101 — 36-5-112) › Section 36-5-107 - Alienation of rights - restrictions

Until a patent for the land issues, the certificate of purchase issued at such sale and the interest acquired by any purchaser of the lands thereunder shall not be subject to transfer or alienation, lien, or mortgage, voluntary or involuntary, but the interest acquired shall descend to the heirs of the purchasers as in other cases. After the patent issues, the ownership and power of disposition of said lands shall be absolute. No patent shall issue prior to five years after the date of such sale, nor until said land is fully paid for.
L. 21: p. 662, § 7. C.L. § 1208. CSA: C. 134, § 107. CRS 53: § 112-5-7. C.R.S. 1963: § 112-5-7.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 5 - SALE AND IMPROVEMENT OF STATE LANDS (§§ 36-5-101 — 36-5-112) › Section 36-5-108 - Certificate of purchase - cancellation

The state board of land commissioners may cancel any certificate of purchase issued under this article because of a false or fraudulent application; a voluntary alienation, transfer, mortgage, or placing of a lien upon said land or the certificate of purchase; or for failure to settle upon or improve said land within a period of two years from the date of sale; or for failure to make payments of principal or interest as the same become due. Action shall be taken only after reasonable notice to the person named in said certificate, which action is subject to review by the district court of the county where such lands are situate, said proceeding for review to begin within sixty days from the date of the order of revocation.
L. 21: p. 663, § 8. C.L. § 1209. CSA: C. 134, § 108. CRS 53: § 112-5-8. C.R.S. 1963: § 112-5-8.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 5 - SALE AND IMPROVEMENT OF STATE LANDS (§§ 36-5-101 — 36-5-112) › Section 36-5-109 - Board to make available list of lands

The state board of land commissioners shall publish, subject to the approval and control of the executive director of the department of natural resources, a list of all lands in this state open to sale under this article, together with any available description matter or information regarding the same, and such information regarding the laws governing sales under this article as it and the executive director of the department of natural resources may deem advisable.
L. 21: p. 663, § 9. C.L. § 1210. CSA: C. 134, § 109. CRS 53: § 112-5-9. C.R.S. 1963: § 112-5-9. L. 64: p. 166, § 122.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 5 - SALE AND IMPROVEMENT OF STATE LANDS (§§ 36-5-101 — 36-5-112) › Section 36-5-110 - Provision for prior purchasers

Any person possessing the qualifications of an applicant as defined in section
36-5-101
, who on or before April 7, 1921, purchased any state lands and who has not completed payment for the same, may, if he elects, file a declaration of acceptance of the provisions of this article and proof of his qualifications and shall thereafter be considered and dealt with as an applicant under this article and shall be subject to all the limitations and receive the benefit provided for in this article.
L. 21: p. 663, § 10. C.L. § 1211. CSA: C. 134, § 110. CRS 53: § 112-5-10. C.R.S. 1963: § 112-5-10.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 5 - SALE AND IMPROVEMENT OF STATE LANDS (§§ 36-5-101 — 36-5-112) › Section 36-5-111 - Person not applicant may bid - when

Any person possessing the qualifications of an applicant, as defined in section
36-5-101
, may bid at the sale of any state lands held pursuant to any law governing the sale thereof. If at the time of the sale the applicant pays all the costs thereof and deposits with the state board of land commissioners the additional sum of fifty dollars and declares in writing that he is so qualified and intends to purchase the lands in accordance with the terms of this article, he shall, if he is a successful bidder at said sale, be granted thirty days within which to furnish proof of his qualifications to purchase. If he, within thirty days, furnishes the proof of his qualifications in accordance with the provisions of this article, he shall be deemed to have purchased the land upon an application under the provisions of this article and shall be subject to all the benefits and limitations of an applicant under this article, and a certificate of purchase shall then issue to him. In such case he may also purchase, upon an application under this article, lands additional to those purchased at such sale sufficient to make the total value of land purchased by him, in accordance with the provisions of this article, seven thousand five hundred dollars. If proof of said bidder's qualifications is furnished as provided in this section, said sum of fifty dollars shall be applied upon the purchase price of the lands. If proof of the bidder's qualifications is not furnished within thirty days, there shall be a resale of the lands upon the signed application, and said deposit of fifty dollars shall be paid by the state board of land commissioners to the person who was the next to the highest bidder at such sale.
L. 21: p. 664, § 11. C.L. § 1212. CSA: C. 134, § 111. CRS 53: § 112-5-11. C.R.S. 1963: § 112-5-11.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 5 - SALE AND IMPROVEMENT OF STATE LANDS (§§ 36-5-101 — 36-5-112) › Section 36-5-112 - Terms of sale

On all sales of state lands, the terms of payment shall be as follows: Not less than twenty-five percent of the purchase price shall be paid in cash at the time of the sale, and the balance shall be made payable upon an amortization plan based on interest at not less than four percent per annum and providing for the payment of semiannual installments sufficient in amount to extinguish such balance at the end of thirty-three years from date of sale; but, in cases where the total improvements on the land sold are in excess of forty percent of the total value of the land, the state board of land commissioners may, in its discretion, reduce the amount which shall be paid in cash at the time of the sale to ten percent of the purchase price. The purchaser shall have the privilege, on any installment date, of paying on his original obligation, in addition to the installment then due, the sum necessary to reduce the original obligation by one hundred dollars or any multiple thereof, but in such event, except when any such additional payment is sufficient to discharge the purchaser's entire debt, the balance remaining due from the purchaser shall remain amortized for the remainder of said thirty-three-year period on the same interest basis, with adjusted semiannual installments. Any certificates of purchase outstanding on lands sold on or before May 2, 1929, may, when the state board of land commissioners deems it advisable, and upon application of the holder thereof, be converted to certificates of purchase on the amortization plan. The board shall have the right to charge such fees under this article as it may deem reasonable.
L. 29: p. 520, § 1. CSA: C. 134, § 112. CRS 53: § 112-5-12. L. 55: p. 685, § 1. C.R.S. 1963: § 112-5-12.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › STATE LANDS (§§ 36-3-101 — 36-6-101) › Article 6 - [Repealed] (§ 36-6-101) › Section 36-6-101 - and 36-6-102 - [Repealed]

L. 96: Entire article repealed, p. 564, § 26, effective April 24.
This article was numbered as article 2 of chapter 112, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › FORESTRY (§§ 36-7-101 — 36-8-101) › Article 7 - FORESTRY (§§ 36-7-101 — 36-7-401) › Part 1 - STATE BOARD OF LAND COMMISSIONERS (§§ 36-7-101 — 36-7-107) › Section 36-7-101 - Tree defined

For the purposes of this article, the word "tree" means all vegetable growth of a woody texture of any size whatsoever. No lands contemplated in this law shall be leased for any purpose whatsoever that will destroy the tree growth.
L. 01: p. 188, § 9. R.S. 08: § 2634. C.L. § 1221. CSA: C. 134, § 121. CRS 53: § 112-7-6. C.R.S. 1963: § 112-7-6.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › FORESTRY (§§ 36-7-101 — 36-8-101) › Article 7 - FORESTRY (§§ 36-7-101 — 36-7-401) › Part 1 - STATE BOARD OF LAND COMMISSIONERS (§§ 36-7-101 — 36-7-107) › Section 36-7-102 - Trees not to be cut

No trees needed to conserve the snows, ice, or water of any irrigation district shall be cut from any part of the public domain, except as provided in this article.
L. 01: p. 185, § 1. R.S. 08: § 2626. C.L. § 1213. CSA: C. 134, § 115. CRS 53: § 112-7-1. C.R.S. 1963: § 112-7-1.
For irrigation district laws, see articles 41 to 50 of title 37.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › FORESTRY (§§ 36-7-101 — 36-8-101) › Article 7 - FORESTRY (§§ 36-7-101 — 36-7-401) › Part 1 - STATE BOARD OF LAND COMMISSIONERS (§§ 36-7-101 — 36-7-107) › Section 36-7-103 - Disposition of timber on state lands

(1)
The state board of land commissioners, referred to in this article as the "board", is authorized to sell and otherwise dispose of timber on state lands; to secure the maximum possible amount therefrom, based upon cruised and appraised quantities thereon, location, accessibility, and market conditions; to issue permits of authority for timber cuttings; and to require cash deposits in advance to apply on such timber-cutting permits. In cases in which the appraised value of timber involved in any proposed sale exceeds five thousand dollars, competitive bids shall be received by the board, after call for such bids has been advertised over a thirty-day period in three issues of a newspaper of general circulation in each county in which the timber is located.
(2)
The board, when contracting with the Colorado state forest service, shall direct the service to use the appropriate methods necessary to ensure proper management of state trust lands whenever the board contracts for the disposition from state lands of timber that:
(a)
Has been infested with bark beetles; or
(b)
Is harvested from a forest whose health is otherwise in decline or from which the board anticipates declining revenues due to forest health factors.
L. 37: p. 572, § 1. CSA: C. 134, § 119(1). CRS 53: §112-7-2. C.R.S. 1963: § 112-7-2. L. 65: p. 922, § 3. L. 86: Entire section amended, p. 1078, §1, effective March 26. L. 2011: Entire section amended, (SB 11 -267), ch. 302, p. 1454, §3, effective June 8.
In 2011, this section was amended by the "Forest Health Act of 2011". For the short title and the legislative declaration, see section 1 of chapter 302, Session Laws of Colorado 2011.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › FORESTRY (§§ 36-7-101 — 36-8-101) › Article 7 - FORESTRY (§§ 36-7-101 — 36-7-401) › Part 1 - STATE BOARD OF LAND COMMISSIONERS (§§ 36-7-101 — 36-7-107) › Section 36-7-104 - Rules regulating sale

The board shall issue rules regulating the following: The sale of timber; timber protection of the young growth and the remaining stand in accordance with approved forestry practice; the filing of applications by purchasers; the issuing of permits of authority for cuttings; the cruising and appraisement of timber quantities to be sold; and the expenses to be paid by the timber purchaser.
L. 37: p. 573, § 2. CSA: C. 134, § 119(2). CRS 53: §112-7-3. C.R.S. 1963: § 112-7-3.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › FORESTRY (§§ 36-7-101 — 36-8-101) › Article 7 - FORESTRY (§§ 36-7-101 — 36-7-401) › Part 1 - STATE BOARD OF LAND COMMISSIONERS (§§ 36-7-101 — 36-7-107) › Section 36-7-105 - Protection from fire

The board shall endeavor by every means at its disposal to protect the state's timber lands from fire menace and destructive timber fires. It shall cooperate with the United States forest service and otherwise for such protection when timber fires occur and hire all necessary help, laborers, or firefighters for the extinguishing of such fires. It shall construct within the state forest lands and on its exterior boundary lines locked fire booths containing necessary apparatus for fighting fires and post in conspicuous places within the area and outside on the exterior boundary lines of the state's forest lands, fire warnings and supply all modern fire fighting appliances and equipment necessarily required in approved forestry protection practice.
L. 37: p. 573, § 3. CSA: C. 134, § 119(3). CRS 53: §112-7-4. C.R.S. 1963: § 112-7-4.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › FORESTRY (§§ 36-7-101 — 36-8-101) › Article 7 - FORESTRY (§§ 36-7-101 — 36-7-401) › Part 1 - STATE BOARD OF LAND COMMISSIONERS (§§ 36-7-101 — 36-7-107) › Section 36-7-106 - Bond of person cutting trees

The state board of land commissioners shall require of all persons cutting trees upon state lands a bond in a sufficient amount, with good and approved security, for the carrying out in good faith of the provisions of part 2 of this article.
L. 01: p. 188, § 8. R.S. 08: § 2633. C.L. § 1220. CSA: C. 134, § 120. CRS 53: § 112-7-5. C.R.S. 1963: § 112-7-5.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › FORESTRY (§§ 36-7-101 — 36-8-101) › Article 7 - FORESTRY (§§ 36-7-101 — 36-7-401) › Part 1 - STATE BOARD OF LAND COMMISSIONERS (§§ 36-7-101 — 36-7-107) › Section 36-7-107 - District attorneys to prosecute

The district attorneys of the various judicial districts of the state are directed to prosecute in the name of the state all cases arising under this article.
L. 01: p. 190, § 17. R.S. 08: § 2642. C.L. § 1229. CSA: C. 134, § 129. CRS 53: § 112-7-8. C.R.S. 1963: § 112-7-8.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › FORESTRY (§§ 36-7-101 — 36-8-101) › Article 7 - FORESTRY (§§ 36-7-101 — 36-7-401) › Part 2 - COLORADO STATE FOREST (§§ 36-7-201 — 36-7-202) › Section 36-7-201 - Colorado state forest created - penalty

(1)
There is hereby created the Colorado state forest, to consist of a consolidated area of forest lands to be selected by the state board of land commissioners, through exchange with the United States government.
(2)
The state board of land commissioners shall be authorized to exchange school, university, penitentiary, internal improvement, agricultural college, or any other state lands, either within or without the United States national forest, for other lands of at least equal area and appraised value, for the purpose of this section.
(3)
The state forest lands, when so selected, from time to time, by formal resolution of the board, shall be set aside and sale of any parcel or part thereof prohibited. The withdrawal from sale of such lands shall be so designated upon the records and plat books of the board in accordance with this section.
(4)
The board is authorized with the administration of the state forest lands; the leasing of the same for grazing, agricultural, mineral, and all other purposes to secure the maximum rental and revenue therefrom; to provide for and extend the practice of intensive forestry for its preservation; to sell, cut, and remove timber therefrom in accordance with good forestry practice; and to provide for protection against fire hazard.
(5)
The board shall prescribe and issue rules and regulations for the administration and leasing of such lands and for the preservation, conservation, cutting, and sale of timber thereon; and for the improvement of such lands, the building of trails, roads, and otherwise, and for the expense thereof.
(6)
The general assembly shall, from time to time, provide for the necessary expense of the administration and improvement of the state forest lands, by an appropriation for the operation of the board.
(7)
Any person or corporation who shall trespass, commit depredations, or by negligence be responsible for any fires, or who shall cut or remove any timber from the state forest lands without authority so to do from the board, commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, §670, eff. 3/1/2022.
L. 31: pp. 350, 351, §§ 1-7. CSA: C. 134, § 131. CRS 53: § 112-7-10. C.R.S. 1963: § 112-7-10. L. 2021: (7) amended, (SB 21-271), ch. 3289, p. 3289, § 670, 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 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › FORESTRY (§§ 36-7-101 — 36-8-101) › Article 7 - FORESTRY (§§ 36-7-101 — 36-7-401) › Part 2 - COLORADO STATE FOREST (§§ 36-7-201 — 36-7-202) › Section 36-7-202 - Board to designate state forests

The board is authorized to designate as state forests units of land suitable in character and size for such purposes and to administer such state forests for the sustained yield of forest and range products therefrom. All moneys collected or acquired by the board from fees derived from the lease or rental of surface rights for grazing, commercial, or recreational purposes of state school trust lands located in state forests shall be paid over to the state treasurer to be deposited and transferred as follows: Seventy-five percent to the public school income fund of the state and twenty-five percent to the county public school fund of the county in which the land from which the moneys were derived is located.
L. 37: p. 937, § 6. CSA: C. 134, § 131(6). L. 41: p. 598, § 1. CRS 53: § 112-7-16. C.R.S. 1963: §112-7-11. L. 79: Entire section amended, p. 1348, § 1, effective May 25.
For the public school income fund, as credited to the state public school fund, see §22-54-114 ; for the public school fund, see §§ 3 and 5 of art. IX, Colo. Const., and article 41 of title 22 ; for the county public school fund, see §22-54-113 .
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › FORESTRY (§§ 36-7-101 — 36-8-101) › Article 7 - FORESTRY (§§ 36-7-101 — 36-7-401) › Part 3 - [Repealed] (§ 36-7-301) › Section 36-7-301 - to 36-7-304 - [Repealed]

(1) This part 3 was added in 2005 and was not amended prior to its repeal in 2007. For the text of this part 3 prior to 2007, consult the 2006 Colorado Revised Statutes.
(2) Section 36-7-303 provided for the repeal of this part 3 upon notification from the governor that the governor had delivered management recommendations to the national forest service. The management recommendations were delivered on November 13, 2006. (See L. 2005, p. 1489, § 2.)
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › FORESTRY (§§ 36-7-101 — 36-8-101) › Article 7 - FORESTRY (§§ 36-7-101 — 36-7-401) › Part 4 - [Repealed] (§ 36-7-401) › Section 36-7-401 - to 36-7-406 - [Repealed]

(1) This part 4 was added in 2013.
(2) Section 36-7-406 provided for the repeal of this part 4, effective December 31, 2017. (See L. 2017, p. 97.)
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › FORESTRY (§§ 36-7-101 — 36-8-101) › Article 8 - [Repealed] (§ 36-8-101) › Section 36-8-101 - to 36-8-110 - [Repealed]

L. 95: Entire article repealed, p. 200, § 18, effective April 13.
This article was numbered as article 8 of chapter 112, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › PUBLIC LANDS AND RIVERS (§§ 36-1-100.3 — 36-10-101) › NATURAL AREAS (§ 36-10-101) › Article 10 - [Repealed] (§ 36-10-101) › Section 36-10-101 - to 36-10-113 - [Repealed]

L. 88: Entire article repealed, p. 1180, § 4, effective March 23.
This article was added in 1977.
For current provisions concerning Colorado natural areas, see article 33 of title 33.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-101 - Short title

This article shall be known and may be cited as the "Weather Modification Act of 1972".
L. 72: R&RE, p. 632, § 1. C.R.S. 1963: § 151-1-1.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-102 - Legislative declaration

The general assembly declares that the state of Colorado recognizes that economic benefits can be derived for the people of the state from weather modification. Operations, research, experimentation, and development in the field of weather modification shall therefore be encouraged. In order to minimize possible adverse effects, weather modification activities shall be carried on with proper safeguards, and accurate information concerning such activities shall be made available for purposes of regulation. While recognizing the value of research and development of weather modification techniques by governmental agencies, the general assembly finds and declares that the actual practice of weather modification, whether at public or private expense, is properly a commercial activity which the law should encourage to be carried out, whenever practicable, by private enterprise.
L. 72: R&RE, p. 632, § 1. C.R.S. 1963: § 151-1-2.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-103 - Declaration of rights

The general assembly declares that the state of Colorado claims the right to all moisture suspended in the atmosphere which falls or is artificially induced to fall within its borders. Said moisture is declared to be the property of the people of this state, dedicated to their use pursuant to sections 5 and 6 of article XVI of the Colorado constitution and as otherwise provided by law. It is further declared that the state of Colorado also claims the prior right to increase or permit the increase of precipitation by artificial means for use in Colorado. The state of Colorado also claims the right to modify weather as it affects the people of the state of Colorado and to permit such modification by activity within Colorado.
L. 72: R&RE, p. 632, § 1. C.R.S. 1963: § 151-1-3.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-105 - Administration

(1)
The executive director of the department of natural resources is hereby charged with the administration of this article.
(2)
The director shall issue all permits provided for in this article. The director is hereby empowered to issue rules and regulations the director finds necessary to facilitate the implementation of this article, and the director is authorized to execute and administer all other provisions of this article pursuant to the powers and limitations contained in this article.
L. 72: R&RE, p. 634, § 1. C.R.S. 1963: § 151-1-5. L. 96: (2) amended, p. 966, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-106 - [Repealed]

L. 72: R&RE, p. 634, § 1. C.R.S. 1963: § 151-1-6. L. 86: (4) added, p. 425, § 61, effective March 26. L. 87: (2)(a) amended, p. 975, § 96, effective March 13. L. 92: Entire section repealed, p. 956, § 9, effective March 19.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-107 - Duties of the director - rules

(1)
The director shall promulgate rules, in accordance with article
4
of title
24
, C.R.S., necessary to effectuate the purposes of this article.
(2) and (3)
Repealed.
L. 72: R&RE, p. 635, § 1. C.R.S. 1963: § 151-1-7. L. 73: p. 1535, § 2. L. 92: (1) and (2)(a) amended, p. 957, § 10, effective March 19; (2)(b) amended, p. 1912, § 2, effective July 1. L. 96: (2) repealed, p. 967, § 3, effective July 1. L. 2011: (1) amended and (3) added, (SB 11-090), ch. 301, p. 1449, §4, effective June 8.
Subsection (3)(b) provided for the repeal of subsection (3), effective January 1, 2013. (See L. 2011, p. 1449.)
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-109 - Permit required - exemptions

(1)
No person may engage in activities for weather modification and control without a weather modification permit issued by the director; nor may any person engage in any activities in violation of any term or condition of the permit.
(2)
The director, to the extent he considers exemptions practical, may provide by regulation for exempting the following activities from the fee requirements of this article:
(a)
Research, development, and experiments conducted by state and federal agencies, state institutions of higher education, and bona fide nonprofit research organizations;
(b)
Laboratory research and experiments; and
(c)
Activities of an emergency nature for protection against fire, frost, hail, sleet, smog, fog, or drought.
L. 72: R&RE, p. 637, § 1. C.R.S. 1963: § 151-1-9. L. 96: (1) amended, p. 968, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-110 - [Repealed]

L. 72: R&RE, p. 637, § 1. C.R.S. 1963: § 151-1-10. L. 96: Entire section repealed, p. 968, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-111 - [Repealed]

L. 72: R&RE, p. 638, § 1. C.R.S. 1963: § 151-1-11. L. 96: Entire section repealed, p. 968, § 7, effective July 1.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-113 - Permit fee

(1)
The fee for each permit or the renewal thereof under section
36-20-114
shall be at least one hundred dollars. If the operation is a commercial project, the director shall set a fee that is sufficient to pay the direct costs of review of the permit application, public hearings regarding the application, and monitoring of permit operations under this article. Said fees are intended to provide at least a portion of the moneys necessary to administer this article. Said fees shall be deposited into the Colorado water conservation board construction fund created in section
37-60-121
, C.R.S. Said fees are hereby continuously appropriated to the department of natural resources, for allocation to the Colorado water conservation board for purposes established by this section.
(2)
(Deleted by amendment, L. 2006, p. 957, § 16, effective July 1, 2006.)
L. 72: R&RE, p. 639, § 1. C.R.S. 1963: § 151-1-13. L. 96: Entire section amended, p. 970, § 9, effective July 1. L. 98: Entire section amended, p. 1342, § 68, effective June 1. L. 2006: Entire section amended, p. 957, § 16, effective July 1. L. 2007: (1) amended, p. 1518, § 21, effective May 31.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-114 - Limits of permit

(1)
Except for ground-based winter cloud seeding, a separate permit is required annually for each operation. If an operation is to be conducted under contract, a permit is required for each separate contract. Subject to the provisions of subsection (2) of this section, a permit may be granted for more than one year's duration. A permit for ground-based winter cloud seeding shall be issued for a period of five years. If a permit for a ground-based winter cloud seeding operation is renewed, the second permit shall have a duration of five years and any third or subsequent permit shall have a duration of ten years.
(2)
The director may conditionally approve a project other than ground-based winter cloud seeding for a continuous time period in excess of one year's duration. Permits for such operations must be renewed annually. In approving the renewal of a permit for a continuous program, the director may waive the procedures for initial issuance of a permit in section
36-20-112
and, upon review and approval of the project's operational record, the director may issue a renewed permit for the operation to continue. In such instances, the fees imposed pursuant to section
36-20-113
may be prorated and paid on an annual basis.
(3)
A project permit may be granted by the director without prior publication of notice by the operator in cases of fire, frost, hail, sleet, smog, fog, drought, or other emergency. In such cases, publication of notice shall be performed as soon as possible and shall not be subject to the time limits specified in this article or in article
4
of title
24
, C.R.S.
L. 72: R&RE, p. 639, § 1. C.R.S. 1963: § 151-1-14. L. 92: (2) amended, p. 957, § 12, effective March 19; entire section amended, p. 1914, § 5, effective July 1. L. 96: Entire section amended, p. 970, § 10, effective July 1.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-115 - Modification of permit

(1)
The director may revise the terms and conditions of a permit if:
(a)
The operator is first given notice and a reasonable opportunity for a hearing on the need for a revision; and
(b)
It appears to the director that a revision is necessary to protect the health or property of any person or to protect the environment.
(2)
If it appears to the director that an emergency situation exists or is impending which could endanger life, property, or the environment, the director may, without prior notice or a hearing, immediately modify the conditions of a permit or order temporary suspension of the permit on the director's own order. The issuance of such order shall include notice of a hearing to be held within ten days thereafter on the question of permanently modifying the conditions or continuing the suspension of the permit. Failure to comply with an order temporarily suspending an operation or modifying the conditions of a permit shall be grounds for immediate revocation of the permit.
(3)
It shall be the responsibility of the operator conducting any operation to notify the director of any emergency which can reasonably be foreseen or of any existing emergency situations in subsection (2) of this section which might in any way be caused or affected by the weather modification operation. Failure by the operator to so notify the director of any such existing emergency, or any impending emergency which should have been foreseen, may be grounds, at the discretion of the director, for revocation of the permit for operation.
L. 72: R&RE, p. 640, § 1. C.R.S. 1963: § 151-1-15. L. 96: (1)(a), (2), and (3) amended, p. 971, § 11, effective July 1.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-116 - Scope of activity

Once a permit is issued, the operator shall confine his or her activities within the limits of time and area specified in the permit, except to the extent that the limits are modified by the director. The operator shall also comply with any terms and conditions of the permit as originally issued or as subsequently modified by the director.
L. 72: R&RE, p. 640, § 1. C.R.S. 1963: § 151-1-16. L. 96: Entire section amended, p. 971, § 12, effective July 1.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-117 - Reports of operator

(1)
The director may promulgate rules requiring any operator who has been issued a weather modification permit to file certain reports regarding operations conducted under the permit.
(2)
(Deleted by amendment, L. 96, p. 971, § 13, effective July 1, 1996.)
(3)
All reports filed under the provisions of this section are declared to be public records subject to the provisions and limitations of part 2 of article
72
of title
24
, C.R.S.
L. 72: R&RE, p. 640, § 1. C.R.S. 1963: § 151-1-17. L. 73: p. 1536, § 3. L. 92: (2) amended, p. 958, § 13, effective March 19; entire section amended, p. 1915, § 6, effective July 1. L. 96: Entire section amended, p. 971, § 13, effective July 1.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-118 - [Repealed]

Repealed by 2018 Ch. 166,§3, eff. 8/8/2018.
L. 72: R&RE, p. 641, § 1. C.R.S. 1963: § 151-1-18. L. 2018: Entire section repealed, (HB 18-1147), ch. 166, p. 1140, § 3, effective August 8.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-119 - Suspension - revocation - refusal to renew

(1)
The director may suspend or revoke a permit if it appears that the operator no longer has the qualifications necessary for the issuance of an original permit or has violated any provision of this article.
(2)
The director may refuse to issue another permit to any applicant who has failed to comply with any provision of this article.
L. 72: R&RE, p. 641, § 1. C.R.S. 1963: § 151-1-19. L. 96: Entire section amended, p. 972, § 14, effective July 1.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-120 - [Repealed]

L. 72: R&RE, p. 641, § 1. C.R.S. 1963: § 151-1-20. L. 96: Entire section repealed, p. 972, § 15, effective July 1.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-121 - Hearing required

(1)
Except as provided in section
36-20-115
, the director may not suspend or revoke a permit without first giving the operator notice and a reasonable opportunity to be heard with respect to the grounds for the director's proposed action.
(2)
Said hearing shall be conducted by an administrative law judge.
L. 72: R&RE, p. 641, § 1. C.R.S. 1963: § 151-1-21. L. 87: (2) amended, p. 976, § 98, effective March 13. L. 96: (1) amended, p. 973, § 16, effective July 1. L. 2001: (2) amended, p. 1277, § 45, effective June 5.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-122 - Governmental immunity

The state and its agencies, counties, and municipalities, all other public entities (as defined in section
24-10-103(5)
, C.R.S.) within the state, and the officers and employees thereof are immune from liability resulting from any weather modification operations approved or conducted by them under the provisions and limitations of this article. Nothing in this section shall be construed as providing any broader waiver of immunity than is provided by article
10
of title
24
, C.R.S.
L. 72: R&RE, p. 641, § 1. C.R.S. 1963: § 151-1-22. L. 77: Entire section R&RE, p. 1630, § 1, effective May 20.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-123 - Legal recourse - liability - damages

(1)
The mere dissemination of materials and substances into the atmosphere pursuant to an authorized project shall not give rise to the contention or concept that such use of the atmosphere constitutes trespass or involves an actionable or enjoinable public or private nuisance.
(2)
(a)
Failure to obtain a permit before conducting an operation, or any actions which knowingly constitute a violation of the conditions of a permit, shall constitute negligence per se.
(b)
The director may order any person who is found to be conducting a weather modification operation without a permit to cease and desist from said operation. Any person who fails to obey said order commits a class 6 felony and shall be punished as provided in section
18-1.3-401
, C.R.S.
L. 72: R&RE, p. 641, § 1. C.R.S. 1963: § 151-1-23. L. 79: (2)(b) amended, p. 1349, § 1, effective July 1. L. 89: (2)(b) amended, p. 849, § 131, effective July 1. L. 96: (2) amended, p. 973, § 17, effective July 1. L. 2002: (2)(b) amended, p. 1552, § 331, effective October 1.
For the legislative declaration contained in the 2002 act amending subsection (2)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-124 - Permit as defense in actions

The fact that a person was issued a permit under this article, or that the person has complied with the requirements established by the director pursuant to this article, is not admissible as a defense in actions for damages or injunctive relief brought against the person.
L. 72: R&RE, p. 642, § 1. C.R.S. 1963: § 151-1-24. L. 96: Entire section amended, p. 973, § 18, effective July 1.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-125 - Judicial review

Judicial review of any action of the director may be had in accordance with the provisions of section
24-4-106
, C.R.S.
L. 72: R&RE, p. 642, § 1. C.R.S. 1963: § 151-1-25. L. 2001: Entire section amended, p. 1277, § 46, effective June 5.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-126 - Penalties

(1)
(a)
Any person responsible for conducting a weather modification operation without first having procured the required permit and any person who contracts with or pays another person known to be without a permit to conduct a weather modification operation commits a class 6 felony and shall be punished as provided in section
18-1.3-401
, C.R.S.
(b)
Any person operating an aircraft conducting a weather modification operation, which operation has not received the required permit, shall have this violation reported to the United States department of transportation, federal aviation administration, by the director.
(2)
Any person who makes a false statement in the application for a permit, who fails to file any report as required by this article 20, or who violates any other provisions of this article 20, except as otherwise provided in section
36-20-123
and subsection (1) of this section, commits a class 2 misdemeanor. Each such violation shall be a separate offense.
Amended by 2021 Ch. 462, §671, eff. 3/1/2022.
L. 72: R&RE, p. 642, § 1. C.R.S. 1963: § 151-1-26. L. 79: Entire section amended, p. 1349, § 2, effective July 1. L. 89: (1)(a) amended, p. 850, § 132, effective July 1. L. 96: (1)(a) and (2) amended, p. 973, § 19, effective July 1. L. 2002: (1)(a) amended, p. 1552, § 332, effective October 1. L. 2021: (2) amended, (SB 21-271), ch. 3289, p. 3289, § 671, 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).
For the legislative declaration contained in the 2002 act amending subsection (1)(a), see section 1 chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 36 - NATURAL RESOURCES - GENERAL (§§ 36-1-100.3 — 36-20-127) › WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Article 20 - WEATHER MODIFICATION (§§ 36-20-101 — 36-20-127) › Section 36-20-127 - Repeal of article

This article 20 is repealed, effective September 1, 2033. Before its repeal, this article 20 is scheduled for review in accordance with section
24-34-104
.
Amended by 2018 Ch. 166,§ 2, eff. 8/8/2018.
L. 91: Entire section added, p. 690, § 70, effective April 20. L. 94: Entire section amended, p. 1457, § 10, effective May 25. L. 96: Entire section amended, p. 974, § 20, effective July 1. L. 2011: Entire section amended, (SB 11-090), ch. 301, p. 1449, §3, effective June 8. L. 2018: Entire section amended, (HB 18-1147), ch. 166, p. 1139, § 2, effective August 8.
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › CONSERVANCY LAW OF COLORADO - FLOOD CONTROL (§§ 37-1-101 — 37-8-101) › Article 1 - CONSERVANCY LAW - FLOOD CONTROL (§§ 37-1-101 — 37-1-109) › Section 37-1-101 - Short title

Articles
1
to
8
of this title shall be known and may be cited as the "Conservancy Law of Colorado".
L. 22: p. 11, § 1. C.L. § 9515. CSA: C. 138, § 126. CRS 53: § 30-1-1. C.R.S. 1963: § 29-1-1.