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 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 2 - BRAND INSPECTION (§§ 35-43-201 — 35-43-213) › Section 35-43-203 - Requirements for slaughterer business

(1)
Every person carrying on the trade or business of a slaughterer of livestock in this state:
(a)
Shall maintain an established place of business;
(b)
Shall not slaughter livestock on the open range;
(c)
Shall require from all sellers of livestock a bill of sale that gives a complete description of each animal so sold and purchased including marks, brands, age, weight, name of person from whom it was purchased or otherwise acquired, date, and place of purchase or acquisition;
(d)
Shall keep a true record of all livestock purchased or slaughtered, and of any carcass or part of a carcass purchased, in one or more special books kept for such purposes. Such records shall include a complete description of each such animal or carcass, including the approximate age and weight, breed and color, fire brands, earmarks, and any other identifying characteristics and the date of purchase and from whom such animal, carcass, or part of carcass was purchased.
(e)
Shall keep the hide and horns of each animal slaughtered for inspection for a period of thirty days after it is slaughtered except when written permission for sale or destruction of the same is given by a regular or special brand inspector prior to expiration of said period. A certified copy of the bill of sale shall accompany the hide when it is offered for sale.
(f)
Shall require any person from whom he or she purchases the carcass or any part thereof, not inspected by a state brand inspector immediately prior to slaughter, to exhibit the hide as provided in section
35-43-207
;
(g)
Shall not receive any carcass or part of a carcass for storage unless each hide has been inspected and all meat stamped, if required, by the brand commissioner. This paragraph (g) shall not apply to any person who slaughters livestock that are officially inspected by the state brand inspector immediately prior to slaughter.
(h)
Shall not mix any cattle that are uninspected for brands by an authorized Colorado brand inspector with any livestock that have been inspected by a Colorado brand inspector just prior to slaughter.
L. 2009: Entire part added with relocations, (SB 09-151), ch. 89, p. 343, §2, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 2 - BRAND INSPECTION (§§ 35-43-201 — 35-43-213) › Section 35-43-204 - Investigations

The board may investigate possible violations of this part 2 on the basis of a complaint or when the board has other reasonable grounds to believe that any person has violated any such provision.
L. 2009: Entire part added with relocations, (SB 09-151), ch. 89, p. 344, §2, effective July 1.
This section is similar to former § 12-11-101(4) as it existed prior to 2009.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 2 - BRAND INSPECTION (§§ 35-43-201 — 35-43-213) › Section 35-43-205 - Exemption - limitation

Every person carrying on the trade or business of a slaughterer of livestock in this state who is exempt from section
35-43-203(1)(g)
shall not slaughter any livestock purchased in Colorado that have not been inspected for brands by an authorized Colorado brand inspector immediately prior to slaughter.
L. 2009: Entire part added with relocations, (SB 09-151), ch. 89, p. 344, §2, effective July 1.
This section is similar to former § 12-11-101(5) as it existed prior to 2009.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 2 - BRAND INSPECTION (§§ 35-43-201 — 35-43-213) › Section 35-43-206 - Records - hides - open to public view

The record provided for in section
35-43-203(1)(d)
and also the hide shall be open to the inspection of all persons for a period of thirty days, and it is unlawful for any slaughterer to refuse to permit such inspection or examination.
L. 2009: Entire part added with relocations, (SB 09-151), ch. 89, p. 344, §2, effective July 1.
This section is similar to former § 12-11-103 as it existed prior to 2009.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 2 - BRAND INSPECTION (§§ 35-43-201 — 35-43-213) › Section 35-43-207 - Sales by persons other than slaughterers - requirements

It is unlawful for any person to sell or offer for sale or to possess, except as specifically provided in this article or in article
33
of this title, a carcass of livestock or any portion of such carcass without first exhibiting the hide intact and exposing the brand upon the hide, if any, to the purchaser. It is the duty of any such person selling or offering for sale any such carcass of livestock to preserve the hide of the same for a period of thirty days, unless the hide from such a carcass of livestock has been previously inspected and released by a duly authorized Colorado brand inspector, and to exhibit the same for inspection upon demand of any person.
L. 2009: Entire part added with relocations, (SB 09-151), ch. 89, p. 344, §2, effective July 1.
This section is similar to former § 12-11-104 as it existed prior to 2009.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 2 - BRAND INSPECTION (§§ 35-43-201 — 35-43-213) › Section 35-43-208 - Person killing for own use

Unless the hide has been previously inspected and released by a duly authorized Colorado brand inspector, it is unlawful for any person to possess or to kill livestock to obtain any part of the animal for his or her own use without preserving the hide of such animal intact with a complete unskinned tail attached thereto for a period of not less than thirty days, during which period the hide shall be presented upon the demand of any person.
L. 2009: Entire part added with relocations, (SB 09-151), ch. 89, p. 344, §2, effective July 1.
This section is similar to former § 12-11-105 as it existed prior to 2009.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 2 - BRAND INSPECTION (§§ 35-43-201 — 35-43-213) › Section 35-43-209 - When hides admitted as evidence

If a hide is subsequently produced by or on behalf of a person who has butchered any livestock alleged to have been stolen and is claimed to be the hide of the animal killed, the hide shall be exhibited as soon as possible for inspection to the sheriff of the county in which the animal was butchered. No such hide shall be admitted in evidence nor shall evidence to identify such hide with the animal alleged to be stolen be received until the prosecution is given such reasonable opportunity as may be fixed by court to examine the hide and compare it with the meat.
L. 2009: Entire part added with relocations, (SB 09-151), ch. 89, p. 345, §2, effective July 1.
This section is similar to former § 12-11-108 as it existed prior to 2009.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 2 - BRAND INSPECTION (§§ 35-43-201 — 35-43-213) › Section 35-43-210 - Inspection of hide

The sheriff or deputy sheriff of any county in this state and any regular or special brand inspector appointed by the board are hereby authorized and empowered to require any person who kills for his or her own use and consumption any livestock to produce for inspection the hide of any such livestock that has been killed within thirty days unless the livestock has been inspected and tagged prior to such demand for inspection. In the absence of the owner or proper corporate officer, the person in charge of the premises where the meat then is shall produce the hide for inspection upon demand.
L. 2009: Entire part added with relocations, (SB 09-151), ch. 89, p. 345, §2, effective July 1.
This section is similar to former § 12-11-106 as it existed prior to 2009.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 2 - BRAND INSPECTION (§§ 35-43-201 — 35-43-213) › Section 35-43-211 - Grounds for search warrant

If a person who, within thirty days, has killed any livestock or, in that person's absence, the person in charge of the premises where the livestock was killed fails or refuses to produce the hide of the livestock, any sheriff, deputy, or regular brand inspector may seize and take possession of the meat of such livestock and hold the meat until the hide is produced and, before or after the seizure of the meat, may seek a search warrant for the theft of livestock and the meat thereof as the property of an unknown owner. The failure to produce such hide upon demand shall be sufficient grounds upon which to base the affidavit for the search warrant, and the procedure on complaint for a search warrant shall be as provided in part 3 of article
3
of title
16
, C.R.S.
L. 2009: Entire part added with relocations, (SB 09-151), ch. 89, p. 345, §2, effective July 1.
This section is similar to former § 12-11-107 as it existed prior to 2009.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 2 - BRAND INSPECTION (§§ 35-43-201 — 35-43-213) › Section 35-43-212 - Violations - penalties

(1)
Except as otherwise provided in this part 2, any person violating this part 2 commits a petty offense and shall be punished as provided in section
18-1.3-503
.
(2)
Except as otherwise provided in this part 2, any person that violates this part 2 within three years after a previous violation of this part 2 by that same person commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
(3)
A person who unlawfully butchers an animal belonging to another person commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
Amended by 2021 Ch. 462, § 642, eff. 3/1/2022.
L. 2009: Entire part added with relocations, (SB 09 -151), ch. 345, p. 345, § 2, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 3282, p. 3282, § 642, effective 3/1/2022.
(1) This section is similar to former § 12-11-109 as it existed prior to 2009.
(2) 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 43 - BRANDING AND HERDING (§§ 35-43-101 — 35-43-213) › Part 2 - BRAND INSPECTION (§§ 35-43-201 — 35-43-213) › Section 35-43-213 - Brand inspection - certificate - evidence

(1)
Any livestock purchased for slaughter in Colorado from any source shall be inspected for brands and other identifying marks and a certificate issued by a brand inspector at the point of origin. Until the time of such inspection and certification, the person purchasing livestock shall hold the uninspected livestock separately and shall be responsible for the value of the livestock and the brand inspection fee until inspected and a certificate issued by a Colorado brand inspector.
(2)
The only evidence of inspection at point of origin acceptable under this section shall be either the brand certificate issued and signed by the brand inspector who made the inspection or a current account of sale, showing the brands or other identifying characteristics carried by the livestock and issued by a custom meat processor licensed by the department or a packing plant licensed by the United States department of agriculture. Livestock purchased by private contract in states where brand inspection is not maintained shall be accompanied by a bill of sale showing brands and other identifying characteristics signed by the seller or the seller's agent and witnessed by the buyer or the buyer's agent.
(3)
Cattle fed by packers, either in their individual feed lots or in commercial feed lots, are subject to this article.
L. 2009: Entire part added with relocations, (SB 09-151), ch. 89, p. 346, §2, effective July 1.
This section is similar to former § 12-11-111 as it existed prior to 2009.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 44 - ESTRAYS (§§ 35-44-101 — 35-44-114) › Section 35-44-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Estray" means any bovine animal, horse, mule, ass, or alternative livestock as defined in section
35-41.5-102(1)
found running at large upon public or private lands in the state of Colorado whose owner is either known or unknown in the section where found or which is outside the limits of its usual range or pasture. It is unlawful for any person, corporation, or company, or any of its employees or agents, to take into its custody any such estray and retain possession of the same, except as provided in this article.
L. 03: p. 215, § 1. R.S. 08: § 6426. C.L. § 3230. CSA: C. 160, § 147. CRS 53: § 8-4-1. C.R.S. 1963: § 8-4-1. L. 69: p. 123, § 1. L. 94: (1) amended, p. 1710, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 44 - ESTRAYS (§§ 35-44-101 — 35-44-114) › Section 35-44-102 - Taking up estrays - notice

No person shall take into his custody an estray animal unless the same is found trespassing upon lands owned, leased, or otherwise controlled by him. The state board of stock inspection commissioners or an authorized brand inspector representing said board has authority to move such estray animal to a safe and practical place within the immediate vicinity to be held during the legal advertising period. When any person takes into his custody an estray, within five days thereafter he shall make out a written description of such animal, setting forth all marks or brands appearing upon such animal and other marks of identity, such as color, age, size, sex, and possible owner, and forward the same by mail to the state board of stock inspection commissioners in Denver or notify the nearest authorized brand inspector. Any person having knowledge of any estray animal upon the public range may notify the state board of stock inspection commissioners, or any authorized brand inspector of said board, giving a description of said estray, and upon instructions from the board of stock inspection commissioners, or from an authorized inspector of the board, said estray shall be held by such person to be turned over to a duly authorized inspector of said board for disposition as the board may direct according to law.
L. 03: p. 215, § 2. R.S. 08: § 6427. C.L. § 3231. CSA: C. 160, § 148. CRS 53: § 8-4-2. C.R.S. 1963: § 8-4-2. L. 69: p. 123, § 2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 44 - ESTRAYS (§§ 35-44-101 — 35-44-114) › Section 35-44-103 - When estray returned to owner

Upon receiving notice that any person has taken into his custody any estray animal, it is the duty of the state board of stock inspection commissioners to make or cause to be made an examination of the state brand records, and if from this record the name of the owner or probable owner can be determined, it shall forthwith notify him of the taking into custody of such estray. Upon the owner proving to the satisfaction of the state board of stock inspection commissioners that the estray animal is rightfully his, the state board shall issue to him an order to receive the same upon payment of any reasonable charges which may have been incurred in the care of said animal.
L. 03: p. 216, § 3. R.S. 08: § 6428. C.L. § 3232. CSA: C. 160, § 149. CRS 53: § 8-4-3. C.R.S. 1963: § 8-4-3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 44 - ESTRAYS (§§ 35-44-101 — 35-44-114) › Section 35-44-104 - Owner not found - advertisement

If the brand commissioner appointed by the state board of stock inspection commissioners is unable to determine from the brand records and description who is the owner or probable owner of any reported estrays, he shall cause notice showing a facsimile of the brand and other identifying characteristics carried by the estray to be posted in the offices of all county clerk and recorders, and licensed livestock markets and in other conspicuous places in the area where said estray was found. Said livestock notice shall state when and where the estray animal was taken into custody. In addition the brand commissioner shall cause a notice giving a general description of the estray to be placed in a local newspaper within the county where the estray is held, and said notice shall be carried in one regular issue only. Both notices shall state that unless the animal is claimed by the legal owner within ten days after the publication or posting of the notice, whichever is later, then the same shall be sold by the state board of stock inspection commissioners for the benefit of the owner when found.
L. 03: p. 216, § 4. R.S. 08: § 6429. L. 17: p. 222, § 1. C.L. § 3233. CSA: C. 160, § 150. L. 53: p. 579, § 1. CRS 53: § 8-4-4. L. 63: p. 185, § 2. C.R.S. 1963: § 8-4-4.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 44 - ESTRAYS (§§ 35-44-101 — 35-44-114) › Section 35-44-105 - Sale of estrays

If said estray animal is not claimed within ten days after the posting of estray notice, it shall be sold by the state board of stock inspection commissioners, through an authorized brand inspector of the board, in such manner as the board may direct. It is the duty of the brand inspector making such sale to give a bill of sale to the purchaser from the state board of stock inspection commissioners, signed by himself as inspector for the board, which bill of sale shall be legal evidence of the ownership of said animal by the purchaser thereof and shall be a legal and valid title to said animal.
L. 03: p. 217, § 5. R.S. 08: § 6430. C.L. § 3234. CSA: C. 160, § 151. CRS 53: § 8-4-5. L. 63: p. 185, § 2. C.R.S. 1963: § 8-4-5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 44 - ESTRAYS (§§ 35-44-101 — 35-44-114) › Section 35-44-106 - Proceeds of sale - rules

The brand inspector making the sale of such estray shall return the proceeds of such sale to the state board of stock inspection commissioners, who shall pay the expenses incurred in taking into custody, holding, advertising, and selling such animal, and place the balance in the estray fund of said board, making a record of the same, showing the marks and brands and other means of identification of said animal, and giving the amount realized from the sale of same, which record shall be open to the inspection of the public. Should the owner of any estray that has been sold be found within three years after the sale of such animal, the net amount received from the sale of said estray, less a sum determined by the board by rule, for each estray, to be retained by the board, shall be paid to said owner upon the owner proving ownership to the satisfaction of the board.
L. 03: p. 217, § 6. R.S. 08: § 6431. C.L. § 3235. CSA: C. 160, § 152. CRS 53: § 8-4-6. C.R.S. 1963: § 8-4-6. L. 79: Entire section amended, p. 1333, § 2, effective May 18. L. 2004: Entire section amended, p. 649, § 9, effective July 1.
For the estray fund, see § 35-41-102.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 44 - ESTRAYS (§§ 35-44-101 — 35-44-114) › Section 35-44-107 - Custody of estray - claimant

When any person takes into his custody any estray animal and sends a description of the same to the state board of stock inspection commissioners, said person shall be entitled to hold same lawfully until relieved of its custody by the state board of stock inspection commissioners. Should a claimant for said animal apply to the person who has custody of the estray for possession of the same, the said person shall at once notify the state board of stock inspection commissioners in writing of such application, and should the said board be satisfied that said applicant is the rightful owner, it shall forthwith issue an order authorizing said person in custody to deliver the estray to the owner, who may be required to pay any reasonable charges made by said person in custody. In case of a controversy as to what constitutes a reasonable charge, the state board of stock inspection commissioners shall fix the amount. The time of service for which said person may claim remuneration commences upon the date of notification made by the said person to the state board of stock inspection commissioners.
L. 03: p. 218, § 7. R.S. 08: § 6432. C.L. § 3236. CSA: C. 160, § 153. CRS 53: § 8-4-7. C.R.S. 1963: § 8-4-7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 44 - ESTRAYS (§§ 35-44-101 — 35-44-114) › Section 35-44-108 - Who may take up estrays

It is unlawful for a person other than an authorized inspector of the state board of stock inspection commissioners to take into custody or retain possession of an estray, except as provided in section
35-44-107
. A person who takes into custody and retains possession of an estray without notifying the state board of stock inspection commissioners within the time as provided in this article 44 is guilty of a class 2 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501.
Amended by 2023 Ch. 298,§ 65, eff. 10/1/2023.
L. 03: P. 218, § 8.R.S. 08:§ 6433.C.L.§ 3237.CSA:C. 160, § 154.CRS 53:§ 8-4-8.C.R.S. 1963:§ 8-4-8.L. 91:Entire section amended, p. 409, § 20, effective June 6.L. 2002:Entire section amended, p. 1550, § 323, effective October 1.L. 2023:Entire section amended,(HB 23-1293), ch. 298, p. 1797, § 65, effective October 1.
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 44 - ESTRAYS (§§ 35-44-101 — 35-44-114) › Section 35-44-109 - Official state livestock paper

It is the duty of the state board of stock inspection commissioners to designate a livestock newspaper, of general circulation among the cattle and horse owners of the state, as the official state livestock paper, wherein all estray notices and advertisements of estrays may be legally made. In case of a change being made in the selection of such paper, the paper then publishing these notices shall publish a notice of said change for at least thirty days.
L. 03: p. 218, § 9. R.S. 08: § 6434. C.L. § 3238. CSA: C. 160, § 155. CRS 53: § 8-4-9. C.R.S. 1963: § 8-4-9.
For additional provisions concerning the state livestock paper, see §§ 35-43-113 and 35-50-109.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 44 - ESTRAYS (§§ 35-44-101 — 35-44-114) › Section 35-44-110 - Application as to municipalities

Nothing in this article shall be construed to repeal any of the laws now in effect in regard to the impounding of estray animals by municipalities.
L. 03: p. 219, § 10. R.S. 08: § 6435. C.L. § 3239. CSA: C. 160, § 156. CRS 53: § 8-4-10. C.R.S. 1963: § 8-4-10.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 44 - ESTRAYS (§§ 35-44-101 — 35-44-114) › Section 35-44-111 - Concealing estray - penalty

Any person who conceals any estray found or taken into his or her custody, or effaces or changes any mark or brand thereon, or carries the same beyond the limits of the county where found, or knowingly permits the same to be done, or neglects to notify or give information of estrays to the state board of stock inspection commissioners is guilty of a class 6 felony and, upon conviction thereof, shall be punished as provided in section
18-1.3-401
, C.R.S.
G.L. § 2567. G.S. § 1306. R.S. 08: § 6444. C.L. § 3241. CSA: C. 160, § 158. CRS 53: § 8-4-11. L. 63: p. 322, § 5. C.R.S. 1963: § 8-4-11. L. 67: p. 574, § 2. L. 91: Entire section amended, p. 409, § 21, effective June 6. L. 2002: Entire section amended, p. 1550, § 324, effective October 1.
(1) For provisions relative to effacing brands, see § 35-43-116. (2) For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 44 - ESTRAYS (§§ 35-44-101 — 35-44-114) › Section 35-44-112 - Abandoned livestock

(1)
The state board of stock inspection commissioners shall have the charge and control of all livestock abandoned or neglected by the owners thereof, and any officer or agent of the state board of stock inspection commissioners may take charge of any such stock or animals found abandoned or neglected.
(2)
The state board of stock inspection commissioners, upon taking charge of any such stock or animals, shall forthwith give notice to the owners thereof, if known, and shall care and provide for such stock or animals for a period of ten days from and after the mailing or giving of such notice to the owners of said animals or until the owners take charge of the same within said ten days. The expense of such care and provision shall be a lien upon such stock or animals and shall be paid by the owners to the said state board of stock inspection commissioners before the owners shall be entitled to the possession of the animals.
(3)
Upon the owner's failure to pay said expense charges, said stock or animals or such a number thereof as may be necessary shall be sold to the best advantage by the state board of stock inspection commissioners in its discretion at public or private sale, and the proceeds of such sale shall be paid to the owners, after all expenses incurred for the care and provision of said animals and all costs of said sale are deducted. The purchaser at such sale shall be entitled to a bill of sale from the state board of stock inspection commissioners, by virtue of which the purchaser shall acquire a good and valid title; but no sale shall be made previous to the expiration of ten days from and after the date of said notice to the owners.
L. 13: p. 594, § 1. C.L. § 3222. CSA: C. 160, § 139. CRS 53: § 8-4-12. C.R.S. 1963: § 8-4-12. L. 69: p. 124, § 3.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 44 - ESTRAYS (§§ 35-44-101 — 35-44-114) › Section 35-44-113 - Publication of notice - sale - rules

If the owners of any animals or livestock found abandoned or neglected, as provided for in section
35-44-112
, are unknown to the state board of stock inspection commissioners, its officers, or agents, the notice required by section
35-44-112
shall be given by publishing the same as provided for in the case of animals or livestock taken up as estrays. If the owner is not found in ten days after the date of the first publication of the notice, the animals or livestock may be sold. The proceeds, after deducting all expenses of such care, provision, and sale, less a sum determined by the board by rule, for each animal sold, to be retained by the board, shall be credited to the estray fund of the board, subject to the provisions of the law controlling the distribution of the fund. The amount determined by the board retained for each animal sold shall be credited to the brand inspection fund, subject to the provisions of the law controlling the distribution of the brand inspection fund.
L. 13: p. 595, § 2. C.L. § 3223. CSA: C. 160, § 140. CRS 53: § 8-4-13. C.R.S. 1963: § 8-4-13. L. 69: p. 124, § 4. L. 79: Entire section amended, p. 1333, § 3, effective May 18. L. 2004: Entire section amended, p. 649, § 10, effective July 1.
For the brand inspection fund, see § 35-41-102.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 44 - ESTRAYS (§§ 35-44-101 — 35-44-114) › Section 35-44-114 - Disputed ownership - animal deemed not alternative livestock

In any instance where the board determines that an animal is not an alternative livestock, any dispute as to ownership shall be decided by the parks and wildlife commission created in section
33-9-101
, C.R.S.
L. 94: Entire section added, p. 1710, § 9, effective July 1. L. 2012: Entire section amended, (HB 12-1317), ch. 248, p. 1238, § 101, effective June 4.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 45 - PUBLIC DOMAIN RANGE (§§ 35-45-101 — 35-45-110) › Section 35-45-101 - Determination of grazing rights

To prevent dissension and breach of the peace, the question as to the kind of livestock, whether cattle or sheep, that shall have the preferred or better right to graze upon any particular portion of the public domain within this state shall be determined according to the use made thereof during the last grazing season, whether such use was as cattle or sheep range and whether the same was used as a spring, summer, fall, winter, or other kind of range; but a single instance of grazing or herding certain kind of livestock on any such range over the protest of others in prior use and occupancy thereof, who graze a different kind of livestock, will not confer a better right.
L. 29: p. 443, § 1. CSA: C. 160, § 160. CRS 53: § 8-8-1. C.R.S. 1963: § 8-8-1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 45 - PUBLIC DOMAIN RANGE (§§ 35-45-101 — 35-45-110) › Section 35-45-102 - Mixed range apportioned

Any range being used as a mixed cattle and sheep range may be apportioned and divided between the different classes of livestock, that is cattle or sheep, grazed thereon by the district court having jurisdiction whenever a controversy or dispute arises upon complaint of any interested party using said range. Upon final hearing, any such range shall be apportioned according to the requirements of the different kinds of livestock grazed or herded thereon and the nature of the different parts of the range to be apportioned and in accordance with the equities and rights of the owners of the different kinds of livestock using such range as a class, regard being paid to the extent of the user theretofore made by each class of livestock growers.
L. 29: p. 444, § 2. CSA: C. 160, § 161. CRS 53: § 8-8-2. C.R.S. 1963: § 8-8-2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 45 - PUBLIC DOMAIN RANGE (§§ 35-45-101 — 35-45-110) › Section 35-45-104 - Contents and posting of notice - violations - penalties

Whenever any such portion of such public domain is decreed as a sheep or cattle range or it is decreed that the same is entitled to be used by sheep or cattle owners, as the case may be, the court shall enter an order directing the clerk of the court to give notice of the establishment of such range, which notice shall describe the area or boundaries of the range involved, pursuant to the terms of the decree, and state in substance the findings of the court. Three copies of said notice shall be posted at conspicuous places upon said range by the sheriff of the county in which said range is situated and return made to the clerk of said court, and thereafter it is unlawful for any person, whether acting in the person's own behalf or as the agent, servant, or employee of another, to graze or herd stock not entitled to be herded or grazed thereon. Each such person violating this article 45 commits a petty offense. Each day that any such person violates this article 45 constitutes a separate offense.
Amended by 2021 Ch. 462, § 643, eff. 3/1/2022.
L. 29: p. 446, § 4. CSA: C. 160, § 163. CRS 53: § 8-8-4. C.R.S. 1963: § 8-8-4. L. 2021: Entire section amended, (SB 21-271), ch. 3282, p. 3282, § 643, 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 45 - PUBLIC DOMAIN RANGE (§§ 35-45-101 — 35-45-110) › Section 35-45-105 - Reapportionment of range

(1)
If any given area has been adjudged to be subject to use either as a cattle or sheep range, any person in interest may thereafter institute a supplemental proceeding in the same court which rendered the original decree, by filing a supplemental petition setting forth that such person has acquired livestock formerly grazed upon such range or ranch property adjacent to said range from an owner who formerly grazed or herded stock thereon. By reason of the change in ownership of such property the livestock theretofore grazed on said range, or part thereof, will no longer be herded or grazed thereon, and said petition may further show that said range can be apportioned and the original decree can be modified so as to permit the herding or grazing of different kinds of livestock upon a portion of said range without injury to or material interference with the rights and business of a majority of the persons then using said range and grazing the kind of livestock for which said range was originally allotted.
(2)
All persons using said range shall be made parties to the proceeding, and if upon the final hearing it appears that said range can be further apportioned or that livestock of a different kind can be grazed or herded on a portion of said range theretofore used by a different kind of livestock without injury to the business of a majority of the persons running livestock under the original decree, then such change may be permitted by supplemental decree; but sufficient range shall be left subject to the terms of the original decree to meet the actual requirements of all persons still running livestock of the kind given the preferred or better right under the original decree. Notice of the provisions of said supplemental decree shall be given as in case of an original decree, and thereafter any person using the portion of range described in said supplemental decree in accordance therewith shall not be subject to fine or imprisonment for violation of any of the terms of this article.
L. 29: p. 447, § 5. CSA: C. 160, § 164. CRS 53: § 8-8-5. C.R.S. 1963: § 8-8-5.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 45 - PUBLIC DOMAIN RANGE (§§ 35-45-101 — 35-45-110) › Section 35-45-106 - Overstocking range

(1)
It is declared the policy of this state to preserve the grasses and vegetation on the public domain and protect the wild game of this state in their natural ranges, and especially on the winter ranges, and to prevent erosion of the soil and thereby conserve the waters and water supply originating on the public domain ranges of this state, and to prevent the indiscriminate and unregulated overstocking of such ranges which tends to deplete and destroy such vegetation, increase erosion, and diminish the water supply of the streams and springs of the state of Colorado. After May 19, 1929, when any range is adjudged or decreed to be either a cattle or sheep range under the provisions of this article, any person using such range and any person having the right to use water from any stream or source of supply fed from the watersheds in any such range may apply to the court in a supplemental proceeding to establish that any such range is then overstocked or that said range is about to be overstocked with the kind of livestock which may lawfully be herded or grazed thereon and that the vegetation is being permanently destroyed or is about to be permanently destroyed and the water supply upon which any person is dependent is about to be diminished or impaired.
(2)
All persons using said range shall be made parties defendant and the court shall proceed to hear testimony and fully investigate the conditions and determine the number of livestock that may be ranged thereon during the seasons when said range is customarily used for grazing purposes, and if it is fully and satisfactorily established by competent evidence that said range is then overstocked or is about to be overstocked, the court may determine the number of livestock that said range or portion of said range is capable of supporting for a period not exceeding two years, enjoining all persons from willfully or intentionally grazing or herding any greater number upon said range. As between the users of any such range adjudged to be an overstocked range, those who have made prior continuous use of said range in accordance with the customary use thereof and those who have privately owned lands accessible to said range upon which their said livestock can be fed or grazed when not on the public range shall have the preferred right up to the allotted number fixed by decree of court, and any decree entered under the provisions of this section shall so provide.
L. 29: p. 448, § 6. CSA: C. 160, § 165. CRS 53: § 8-8-6. C.R.S. 1963: § 8-8-6.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 45 - PUBLIC DOMAIN RANGE (§§ 35-45-101 — 35-45-110) › Section 35-45-107 - How article construed

Nothing in sections
35-45-101
to
35-45-106
shall be construed to prohibit free transit over the public domain as provided by the acts of congress or to confer upon any individual as such an exclusive right to the use or occupancy of any part of the public domain.
L. 29: p. 449, § 7. CSA: C. 160, § 166. CRS 53: § 8-8-7. C.R.S. 1963: § 8-8-7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 45 - PUBLIC DOMAIN RANGE (§§ 35-45-101 — 35-45-110) › Section 35-45-108 - Distribution of receipts

(1)
All moneys received by the state treasurer as the state's share of the amounts collected by the federal government under the provisions of sections 3 and 15 of the "Taylor Grazing Act", and any act amendatory thereof, and under the provisions of Public Law 136, 82nd congress, approved August 31, 1951, shall be credited to a clearing account.
(2)
Moneys received under the provisions of section 3 of the "Taylor Grazing Act" which are derived from each grazing district in the state shall be paid over to the counties in which such grazing districts are located, in the proportion that the acreage of each county lying within a particular grazing district bears to the total acreage of such grazing district, as such acreages are certified by the federal agency administering such provisions.
(3)
Moneys received under the provisions of section 15 of the "Taylor Grazing Act" and under the provisions of Public Law 136, 82nd congress, shall be paid over to the several counties of the state from which such moneys were derived, as certified in reports furnished by the federal agency administering said provisions.
(4)
All such payments shall be calculated by the state treasurer and shall be made to the respective county treasurers during the month of September of each year.
L. 35: p. 460, § 1. CSA: C. 160, § 166(1). L. 37: p. 615, § 1. L. 45: p. 601, § 1. CRS 53: § 8-8-8. C.R.S. 1963: § 8-8-8. L. 73: p. 1141, § 1.
For creation of grazing districts and other provisions of the "Taylor Grazing Act", see 43 U.S.C. §315 et seq.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 45 - PUBLIC DOMAIN RANGE (§§ 35-45-101 — 35-45-110) › Section 35-45-109 - Range improvement fund - board of district advisers

(1)
All moneys paid to the counties shall be deposited with the county treasurer in a special fund to be known as the range improvement fund of district no. __. The county treasurer of any county in which a district is located shall be the ex officio district treasurer and custodian of moneys received and shall be liable upon his official bond for all moneys deposited in said range improvement fund. The county treasurer, as ex officio district treasurer, shall pay out such money in said range improvement fund upon the warrant of the chairman or vice-chairman of the district grazing advisory board or a board of district advisers established pursuant to subsection (2) of this section and after consultation with the district manager of the grazing district in which county the moneys were deposited. Said district grazing advisory boards are established pursuant to Public Law 94-579(
43 U.S.C. sec. 1753
) or its successor, as may be established by the secretary of the interior pursuant to the "Federal Advisory Committee Act", Public Law 92-463(86 Stat. 770; Title 5, App.).
(2)
(a)
In the event that the grazing advisory boards cease to exist, the commissioner of agriculture shall establish and maintain a board of district advisers for each grazing district upon the petition of a simple majority of the livestock lessees and permittees within the jurisdiction of the district. The function of the board of district advisers shall be to determine the use of the range improvement fund in accordance with section
35-45-110
.
(b)
The number of advisers on each board and the number of years an adviser may serve shall be determined by the commissioner. Each board shall consist of livestock representatives who shall be lessees or permittees in the district under the board's jurisdiction and shall be chosen by the lessees and permittees in the district through an election prescribed by the commissioner. Each board of district advisers shall meet at least once annually.
L. 35: p. 460, § 2. CSA: C. 160, § 166(2). L. 37: p. 616, § 2. L. 45: p. 602, § 2. CRS 53: § 8-8-9. C.R.S. 1963: 8-8-9. L. 77: Entire section R&RE, p. 1613, § 1, effective July 1. L. 86: Entire section R&RE, p. 1076, § 1, effective March 20.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › LIVESTOCK (§§ 35-41-100.3 — 35-57.9-104) › Article 45 - PUBLIC DOMAIN RANGE (§§ 35-45-101 — 35-45-110) › Section 35-45-110 - Purposes of fund

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

As used in this article, unless the context otherwise requires:
(1)
"Lawful fence" is a well-constructed three barbed wire fence with substantial posts set at a distance of approximately twenty feet apart, and sufficient to turn ordinary horses and cattle, with all gates equally as good as the fence, or any other fence of like efficiency. Railroad right-of-way fences constructed in compliance with the statute in force on the date of construction and maintained in good condition shall be considered legal fences.
(2)
"Livestock" includes horses, cattle, mules, asses, goats, sheep, swine, buffalo, and cattalo, but does not include "alternative livestock" as defined in section
35-41.5-102(1)
.
G.L. § 1202. L. 1879: p. 68, § 1. G.S. § 1461. L. 1885: p. 220, § 1. L. 1889: p. 164, § 1. R.S. 08: § 2587. L. 17: p. 342, § 1. C.L. § 3153. CSA: C. 160, § 56. L. 53: pp. 587, 592, §§ 1, 10. CRS 53: §§ 8-13-1, 8-13-10. C.R.S. 1963: §§ 8-13-1, 8-13-10. L. 94: (2) amended, p. 1710, § 10, effective July 1.
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 35-46-102 - Owner may recover for trespass

(1)
Any person maintaining in good repair a lawful fence, as described in section
35-46-101
, may recover damages for trespass and injury to grass, garden or vegetable products, or other crops of such person from the owner of any livestock which break through such fence. No person shall recover damages for such a trespass or injury unless at the time thereof such grass, garden or vegetable products, or crops were protected by such a lawful fence. Even though such land, grass, garden or vegetable products, or other crops were not at such time protected on all sides by a lawful fence, if it is proved by clear and convincing evidence that livestock have broken through a lawful fence on one side of such land to reach such land, grass, products, or crops, recovery and the remedies under this section may be had the same as if such land, grass, products, or crops had been at such time protected on all sides by a lawful fence.
(2)
Whenever any person stocks land, not enclosed by a lawful fence, on which such person has a lawful right to pasture or forage livestock, with a greater number of livestock than such land can properly support or water and any of such livestock pasture, forage, or water on the lands of another person, in order to obtain the proper amount of pasture, forage, or water or whenever any person stocks with livestock land on which such person has no lawful right to pasture or forage livestock and such livestock pasture, forage, or water on such land or on other land on which such person has no right to pasture or forage livestock, he shall be deemed a trespasser and shall be liable in damages and subject to injunction.
(3)
All damages sustained on account of the foregoing trespasses may be recovered, together with costs of court and arbitration, and the livestock so trespassing may be taken up by the person damaged and held as security for the payment of such damages and costs. A court of competent jurisdiction in any proper case may issue an injunction to prevent further trespasses. In any action for trespass where the injury complained of has been aggravated and attended by a willful or reckless disregard of the injured person's rights, the board of arbitration, court, or jury may in addition to awarding actual damages include reasonable exemplary damages. Recovery may be had under this section either in a court of law or by arbitration as provided in section
35-46-103
.
L. 1885: p. 221, § 3. R.S. 08: § 2589. L. 17: p. 343, § 3. C.L. § 3155. CSA: C. 160, § 58. L. 53: p. 587, § 3. CRS 53: § 8-13-2. C.R.S. 1963: § 8-13-2.