Wildlife - General Provisions

C.R.S. tit. 33, art. 1

in effect

C.R.S. § 33-1-101 Legislative declaration

33-1-101. Legislative declaration. (1) It is the policy of the state of Colorado that the wildlife and their environment are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and its visitors. It is further declared to be the policy of this state that there shall be provided a comprehensive program designed to offer the greatest possible variety of wildlife-related recreational opportunity to the people of this state and its visitors and that, to carry out such program and policy, there shall be a continuous operation of planning, acquisition, and development of wildlife habitats and facilities for wildlife-related opportunities. (2) All wildlife within this state not lawfully acquired and held by private ownership is declared to be the property of this state. Right, title, interest, acquisition, transfer, sale, importation, exportation, release, donation, or possession of wildlife is permitted only as provided in articles 1 to 6 of this title or in any rule of the parks and wildlife commission. (3) In order to foster the welfare of the inhabitants of the state of Colorado, it is further declared to be the policy of this state to protect and encourage full development of absolute and conditional water rights created under state law and to develop and maximize the beneficial use of the waters to which Colorado and its citizens are entitled under interstate compacts. (3.5) (a) The general assembly hereby finds, determines, and declares that it supports the recommendation of the Lower Arkansas river commission in its plan dated March 25, 1993, to protect and enhance fish and wildlife resources at the Great Plains Reservoirs, and further finds that a joint funding effort, which includes funds appropriated from the wildlife cash fund created in section 33-1-112 to carry out such recommendation, would further the public interest by establishing recreational opportunities in southeastern Colorado. (b) The general assembly further declares that the joint funding effort described in paragraph (a) of this subsection (3.5) shall not be solely a division responsibility and that the appropriation from the wildlife cash fund shall be used to maximize matching funds from other sources to ensure full implementation of the recommendation. (4) The state shall utilize hunting, trapping, and fishing as the primary methods of effecting necessary wildlife harvests. (5) The general assembly declares that it is the policy of the state to prosecute persons who violate multiple provisions of this title 33 for each violation that contains unique elements.

C.R.S. § 33-1-102 Definitions - rules

33-1-102. Definitions - rules. As used in this title 33, unless the context otherwise requires: (1) "Antler point" means a projection of an antler that is at least one inch long and longer than the width of the base of such projection. (1.3) "Backcountry search and rescue" means the utilization, training, and support of responders, with their specialized equipment, coordinated by a sheriff to provide the services described in this subsection (1.3) during emergencies or disasters in forests, deserts, mountains, canyons, caves, waters, parks, plains, and, at times, in more populated areas. Responders include members of volunteer teams that work alongside fire, law enforcement, emergency medical personnel, the Colorado National Guard, and other government employees in disasters or emergencies. "Backcountry search and rescue" is a subset of search and rescue as defined in section 24-33.5-703 (8) and includes: (a) Locating lost or injured individuals in remote areas; (b) Accessing individuals who are injured, stuck, stranded, or entrapped; (c) Recovering the bodies of deceased individuals at the direction of a coroner; (d) Assessing and mitigating hazardous terrain or conditions; (e) Providing emergency on-scene medical and psychological care; (f) Evacuating or transporting injured, stuck, stranded, or entrapped individuals to a roadway or air ambulance; (g) Providing public outdoor safety education; (h) Providing for the physical and psychological well-being of first responders involved in backcountry search and rescue; (i) Training individuals and teams to provide backcountry search and rescue services; and (j) Other related services performed at the will of a sheriff. (1.5) "Bag limit" means the maximum amount, expressed in numbers, of wildlife that may be lawfully taken, caught, killed, or possessed by a person during one day or other specified period of time. (2) "Big game" means elk, white-tailed deer, mule deer, moose, rocky mountain bighorn sheep, desert bighorn sheep, rocky mountain goat, pronghorn antelope, black bear, mountain lion, and all species of large mammals that may be introduced or transplanted into this state for hunting or are classified as big game by the commission. (2.5) Repealed. (3) "Carcass" means the dead body of any wildlife or a portion thereof. (4) "Carcass tag" or "tag" means that portion of the license or separate identification which is required by statute or by rule or regulation of the commission to be attached to a wildlife carcass as evidence of lawful possession. (4.3) "Colorado wildlife officer" means an employee of the division of parks and wildlife, or any other person who is commissioned by the director to enforce the wildlife statutes and rules of the commission and all laws of the state of Colorado, who is recognized as a peace officer in section 16-2.5-116, C.R.S. (4.5) "Commercial wildlife park" means a privately owned wildlife park, containing lawfully acquired captive wildlife, on which wildlife are exhibited for educational, commercial, or promotional purposes. (5) "Commission" or "parks and wildlife commission" means the parks and wildlife commission created in section 33-9-101. (6) "Commissioner" means a member of the parks and wildlife commission. (6.4) "Computer-assisted remote hunting" means the use of a computer or any other device, equipment, or software to remotely control the aiming and discharge of a weapon, including, but not limited to, firearms or archery equipment, at wildlife while the person engaged in the action is not physically present with, or in the immediate vicinity of, the wildlife. (6.5) "Computer-assisted remote hunting facilities" means real property and improvements on the property associated with computer-assisted remote hunting. "Computer-assisted remote hunting facilities" also includes, but is not limited to, hunting blinds, weapons, offices, and rooms, equipped to facilitate computer-assisted remote hunting. esent with, or in the immediate vicinity of, the wildlife. (6.5) "Computer-assisted remote hunting facilities" means real property and improvements on the property associated with computer-assisted remote hunting. "Computer-assisted remote hunting facilities" also includes, but is not limited to, hunting blinds, weapons, offices, and rooms, equipped to facilitate computer-assisted remote hunting. (7) "Department" means the department of natural resources. (8) "Director" means the director of the division of parks and wildlife. (9) (Deleted by amendment, L. 2003, p. 1629, § 64, effective August 6, 2003.) (10) "Division" means the division of parks and wildlife and its employees, and, when necessary, the term may be construed as referring to the parks and wildlife commission. (11) "Ecosystem" means a system of living organisms and their environment, each influencing the existence of the other and both necessary for the maintenance of life. (12) "Endangered species" means any species or subspecies of native wildlife whose prospects for survival or recruitment within this state are in jeopardy as determined by the commission. (13) "Executive director" means the executive director of the department of natural resources. (13.5) "Exotic aquatic species" means those species, subspecies, and hybrids of fish, mollusks, crustaceans, aquatic reptiles, and aquatic amphibians not originating naturally, either presently or historically, in Colorado and not currently found in the drainage in question, except those which have been classified as native wildlife by the commission. (14) "Export" means to transport any wildlife, or part of wildlife, out of this state. (15) "Falconry" means the sport of hunting or taking quarry with a trained raptor. (16) "Fishing" means any effort made to take any fish, amphibian, crustacean, or mollusk. (17) Repealed. (18) "Game amphibian" means those species or subspecies of the class Amphibia classified as game amphibians by the commission. (19) "Game crustacean" means those species or subspecies of the class Crustacea classified as game crustaceans by the commission. (20) "Game fish" means all species of fish which currently exist or may be introduced or transplanted into this state for sport or profit and which are classified as game fish by the commission. (21) "Game management unit" means a geographic area designated by the commission for the management of wildlife. (22) "Game mollusk" means those species or subspecies of the phylum Mollusca classified as game mollusks by the commission. (23) "Game wildlife" means those wildlife species which may be lawfully hunted or taken for food, sport, or profit and which are classified as game wildlife by the commission. (24) "Harass" means to unlawfully endanger, worry, impede, annoy, pursue, disturb, molest, rally, concentrate, harry, chase, drive, herd, or torment wildlife. (25) "Hours" means the designated period of the day or night when wildlife may be hunted or taken lawfully. (25.5) "Hunt" means to pursue, attract, stalk, lie in wait for, or attempt to shoot, wound, kill, trap, capture, collect, or take wildlife. "Hunt" does not include stalking, attracting, searching, or lying in wait for wildlife by an unarmed person solely for the purpose of watching or taking photographs of wildlife. (26) "Import" means to bring or introduce into or to attempt to bring or introduce into this state any native or nonnative or exotic wildlife. r, or attempt to shoot, wound, kill, trap, capture, collect, or take wildlife. "Hunt" does not include stalking, attracting, searching, or lying in wait for wildlife by an unarmed person solely for the purpose of watching or taking photographs of wildlife. (26) "Import" means to bring or introduce into or to attempt to bring or introduce into this state any native or nonnative or exotic wildlife. (27) "License", with regard to activities governed by articles 1 to 6 of this title 33, means a permit, stamp, card, certificate, tag, seal, preference point, or other document provided for by statute or commission rule and issued or required by the division authorizing the hunting, fishing, trapping, taking, transportation, or possession of wildlife or other activity for which express authorization is required by articles 1 to 6 of this title 33. (27.5) [Editor's note: For the applicability of this subsection (27.5) on or after January 1, 2025, see the editor's note following this section.] "Low-income senior" refers to an individual sixty-four years of age or older who shows proof of such fact to the division or license agent and who meets the income eligibility requirements established by the commission by rule. (28) "Motor vehicle" means a self-propelled vehicle, or a vehicle drawn by a self-propelled vehicle, by which persons or property may be moved, carried, or transported from one place to another by land or air. (28.3) "Native plant" means a plant species that is indigenous to the state of Colorado. (28.5) "Native wildlife" means those species and subspecies of wildlife which have originated naturally, either presently or historically, in Colorado; those which have been introduced into the wild in Colorado by the division; and those which have been classified as native wildlife by the commission. (29) "Nongame wildlife" means all native species and subspecies of wildlife which are not classified as game wildlife by rule or regulation of the commission. (29.5) "Nonnative wildlife" or "exotic wildlife" means those species, subspecies, and hybrids of wildlife not originating naturally, either presently or historically, in Colorado, except those which have been introduced into the wild in Colorado by the division or classified as native wildlife by the commission. (30) "Nonresident" means any person who is not a resident of this state. (31) "Optimum carrying capacity" means that point at which a given habitat can support healthy populations of wildlife species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue that function. (32) "Peace officer" means a sheriff, undersheriff, deputy sheriff, police officer, Colorado state patrol officer, or town marshal; a district attorney, assistant district attorney, deputy district attorney, or special deputy district attorney; an authorized investigator of a district attorney; an agent of the Colorado bureau of investigation; a Colorado wildlife officer or special wildlife officer; or a parks and recreation officer. (33) "Person" means any individual, association, partnership, or public or private corporation, any municipal corporation, county, city, city and county, or other political subdivision of the state, or any other public or private organization of any character. (34) "Possession" means either actual or constructive possession of or any control over the object referred to. (35) "Possession limit" means the maximum amount, expressed in numbers, of wildlife which may be lawfully possessed by any one person at any particular time. (36) "Public road" means the traveled portion and the shoulders on each side of any road maintained for public travel by a county, city, or city and county, the state, or the United States government and includes all structures within the limits of the right-of-way of any such road. amount, expressed in numbers, of wildlife which may be lawfully possessed by any one person at any particular time. (36) "Public road" means the traveled portion and the shoulders on each side of any road maintained for public travel by a county, city, or city and county, the state, or the United States government and includes all structures within the limits of the right-of-way of any such road. (37) "Raptor" means all birds that are members of the order of Falconiformes or Strigiformes and, specifically, but not by way of limitation, means falcons, hawks, owls, and eagles or such other birds classified as raptors by the commission. (37.5) "Rare plants" means native plants that are at risk of extinction or elimination across the entirety of their distribution due to restricted range, few populations or occurrences, steep declines, or severe threats. (38) (a) "Resident" means any person who has lived in this state for six consecutive months or more immediately preceding the date of application for or purchase of any license required under the provisions of articles 1 to 6 of this title or rules or regulations of the commission. (b) The burden of establishing residence shall be on the person claiming such status at the time of application for a license. No person is entitled to claim multiple states of residence except as provided in paragraphs (c) and (d) of this subsection (38). The following evidence or any other reliable evidence may be used in establishing, but is not necessarily determinative of, residence: (I) The residence of a person is the principal or primary home or place of abode of a person. A principal or primary home or place of abode is that home or place in which a person's habitation is fixed and to which the person, whenever absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of such absence. A residence is a permanent building or part of a building and may include a house, condominium, apartment, room in a house, or mobile home. No rental property, vacant lot, vacant house or cabin, or premises used solely for business shall be considered a residence. (II) In determining the principal or primary place of abode, the following circumstances relating to the person may be taken into account: Business pursuits, place of employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse, and children, if any, leaseholds, situs of personal and real property, existence of any other residences outside of Colorado and the amount of time spent at each such residence, and any motor vehicle or vessel registration. (II.3) The residence address given for purposes of purchasing or obtaining licenses issued under this title shall be the same as the address given for Colorado state income tax purposes. (II.6) A person shall not be considered to have gained resident status while retaining a domicile outside this state. (III) In determining whether the principal or primary place of abode is in Colorado, the following documents may be taken into account: A current driver's license with address, recent property tax receipts, copies of recent resident income tax returns, current voter registration cards, current motor vehicle or vessel registrations, and other public records evidencing place of abode or employment. (III) In determining whether the principal or primary place of abode is in Colorado, the following documents may be taken into account: A current driver's license with address, recent property tax receipts, copies of recent resident income tax returns, current voter registration cards, current motor vehicle or vessel registrations, and other public records evidencing place of abode or employment. (c) A person who is a resident of this state does not terminate residency upon entering the armed services of the United States. A member of the armed services on active duty who resided in Colorado at the time the person entered military service and the person's dependents are presumed to retain their status as residents of Colorado throughout the member's active duty in the service, regardless of where stationed or for how long or of the factors listed in paragraph (e) of this subsection (38), unless the member changes his or her home of record to some state other than Colorado or fails to comply with the requirements established by article 22 of title 39, C.R.S., and rules promulgated by the department of revenue concerning the filing of a Colorado income tax return. (d) For the purposes of this subsection (38), the following shall also be deemed residents of this state: (I) Members of the armed services of the United States or any nation allied with the United States who are on active duty in this state under permanent orders and their dependents; (II) Personnel in the diplomatic service of any nation recognized by the United States who are assigned to duty in this state and their dependents; (III) Full-time students who are enrolled in and have been attending any accredited trade school, college, or university in this state for at least six months immediately prior to the date of application for any license. For the purposes of this subparagraph (III), the spouse and dependent children of any such student shall also be considered residents. The temporary absence of such student or the student's spouse or dependent children from this state while the student is still enrolled at any such trade school, college, or university shall not be deemed to terminate their residency. A student shall be deemed "full-time" if considered full-time under the rules or policy of the educational institution he or she is attending. (IV) Colorado residents who attend school full-time out of state and pay nonresident tuition unless exempted from such tuition payments by the trade school, college, or university. (d.5) The residency status of children under eighteen years of age is presumed to be that of the parent with whom the child resides the majority of the time pursuant to court order or legal guardian. (e) Except as provided in paragraph (c), (d), or (d.5) of this subsection (38), a person is deemed, for the purposes of this title, to have terminated his or her Colorado residence if the person applies for, purchases, or accepts a resident hunting, fishing, or trapping license issued by another state or foreign country; registers to vote in another state or foreign country; or accepts a driver's license that shows an address other than in Colorado. ) of this subsection (38), a person is deemed, for the purposes of this title, to have terminated his or her Colorado residence if the person applies for, purchases, or accepts a resident hunting, fishing, or trapping license issued by another state or foreign country; registers to vote in another state or foreign country; or accepts a driver's license that shows an address other than in Colorado. (f) If a person moves to any other state or foreign country with the intention of making it the person's permanent residence, the person shall be considered to have lost his or her residence in Colorado. (39) "Season" means the period of time during which wildlife may be legally hunted or taken. (40) "Sell" includes bartering, exchanging, trading, or giving or offering a gift and each such transaction made by any person whether as principal proprietor, agent, servant, or employee with or without remuneration. (41) "Small game" means: Game birds, including grouse, ptarmigan, pheasant, quail, partridge, wild turkey, wild ducks, wild geese, sora and Virginia rails, coot, sandhill cranes, snipe, mergansers, band-tailed pigeons, doves, and crow; game mammals, including cottontail rabbit, snowshoe hare, fox squirrel, pine squirrel, Abert's squirrel, jackrabbits, marmot, and prairie dogs; and all species of small mammals and birds that may be introduced or transplanted into this state for hunting or are classified as small game by the commission. (42) "State wildlife area" means all lands and waters held by the division that are designated by the commission for the benefit of wildlife populations or for wildlife-related recreation. (43) "Take" means to kill or otherwise acquire possession of wildlife; except that the term does not include the accidental wounding or killing of wildlife by a motor vehicle, vessel, or train. (44) "Threatened species" means any species or subspecies of wildlife which, as determined by the commission, is not in immediate jeopardy of extinction but is vulnerable because it exists in such small numbers or is so extremely restricted throughout all or a significant portion of its range that it may become endangered. (45) "Transfer" means to pass, deliver, convey, receive, or hand over any license issued under articles 1 to 6 of this title from one person to another or to intentionally allow such a license to come into the possession of a person other than the person for whom it was originally procured. (46) "Transport" means to ship, carry, convey, or transfer from one place to another and includes an offer to transport and the receipt or possession for transportation. (47) "Trap" means any mechanical device, snare, deadfall, pit, or other device used for catching wildlife. (48) "Trapping" means taking or attempting to take wildlife by the use of a trap. (49) "Vessel" means every description of watercraft used or capable of being used as a means of transportation of persons or property on water. (50) "Waters of the state" means any natural streams, reservoirs, and lakes within the territorial limits of the state of Colorado. (51) "Wildlife" means wild vertebrates, mollusks, and crustaceans, whether alive or dead, including any part, product, egg, or offspring thereof, that exist as a species in a natural wild state in their place of origin, presently or historically, except those species determined to be domestic animals by rule or regulation by the commission and the state agricultural commission. Such determination within this statute shall not affect other statutes or court decisions determining injury to persons or damage to property which depend on the classification of animals by such statute or court decision as wild or domestic animals. r historically, except those species determined to be domestic animals by rule or regulation by the commission and the state agricultural commission. Such determination within this statute shall not affect other statutes or court decisions determining injury to persons or damage to property which depend on the classification of animals by such statute or court decision as wild or domestic animals. (52) "Wildlife sanctuary" means a place of refuge where a nonprofit entity, as defined in section 7-90-102 (40), C.R.S., provides care for abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced wildlife for their lifetime and, with respect to any wildlife owned by such entity, does not: (a) Use the animal for any type of entertainment; (b) Sell, trade, or barter the animal or the animal's body parts, except as authorized by rule promulgated by the commission; or (c) Breed the animal.

C.R.S. § 33-1-103 Wildlife commission - wildlife division - enterprise status

33-1-103. Wildlife commission - wildlife division - enterprise status. (Repealed)

C.R.S. § 33-1-104 General duties of commission

33-1-104. General duties of commission. (1) The commission is responsible for all wildlife management, for licensing requirements, and for the promulgation of rules, regulations, and orders concerning wildlife programs. (2) The commission shall establish objectives within the state policy, as set forth in section 33-1-101, which will enable the division to develop, manage, and maintain sound programs of hunting, fishing, trapping, and other wildlife-related outdoor recreational activities. Such objectives shall employ a multiple-use concept of management. (3) The commission shall report to the executive director at such times and on such matters as the executive director may require. Publications of the commission circulated in quantity outside the division shall be subject to the approval and control of the executive director. (4) Whenever the commission receives a dollar amount certification from the board of county commissioners of an eligible county pursuant to part 3 of article 25 of title 30, C.R.S., it shall review such certification, determine the amount to be certified to the general assembly, and certify said amounts pursuant to part 3 of article 25 of title 30, C.R.S. (5) The commission may coordinate with the United States secretary of the interior and the United States secretary of agriculture to develop wildlife conservation and management plans consistent with this title for federal lands pursuant to 16 U.S.C. sec. 530, 16 U.S.C. sec. 1604, and 43 U.S.C. sec. 1712.

C.R.S. § 33-1-105 Powers of commission

33-1-105. Powers of commission. (1) The commission has power to: (a) (I) Acquire by gift, transfer, devise, lease, purchase, or long-term operating agreement such land and water, or interest in land and water, as in the judgment of the commission may be necessary, suitable, or proper for wildlife purposes or for the preservation or conservation of wildlife. The term "interest in land and water", as used in this section, means any and all rights and interests in land, including but not limited to fee title interests, future interests, easements, covenants, and contractual rights. Every such interest in land and water held by the commission when properly recorded shall run with the land or water to which it pertains for the benefit of the citizens of this state and may be protected and enforced by the commission in the district court of the county in which the land or water, or any portion thereof, is located. Game cash funds shall not be expended for water development projects except in those projects specifically authorized by the commission. Whenever the commission purchases any fee title interest in land or water as authorized by this section, it shall follow the procedures established in section 33-1-105.5. (II) Repealed. (b) Lease, exchange, or sell any property, water, land, or interest in land or water, including oil, gas, and other organic and inorganic substances which now are or may become surplus or which, in the proper management of the division, the commission desires to lease, exchange, or sell in accordance with the joint rule number 34 of the senate and house of representatives. All sales of property, water, or lands shall be at public sale, and the commission has the right to reject any or all bids. As used in this paragraph (b), "exchange" means the transferring of property, water, land, or interest in land or water to another person in consideration for the transfer to the commission of other property, water, land, or interest in land or water, or cash, or any combination thereof; except that any cash received may not exceed fifty percent of the total value of the consideration. A transaction otherwise qualifying as an exchange shall not be deemed a sale merely because dollar values have been assigned to any property, water, land, or interest in land or water, for the purpose of ensuring that the commission will receive adequate compensation. (c) Construct or otherwise establish public facilities and conveniences at any site or on any land in which the commission holds an interest and operate and maintain all such lands, facilities, and conveniences and provide services with respect thereto, and, when appropriate, make reasonable fees or charges for their use or enter into contracts for their maintenance or operation; (d) Capture, provide for propagation of, transport, buy, sell, or exchange any species of wildlife needed for the purpose of stocking any of the lands or waters of this state; (e) Enter into cooperative agreements with state and other agencies, educational institutions, municipalities, political subdivisions, corporations, clubs, landowners, associations, and individuals for the development and promotion of wildlife programs; (f) (I) Receive and expend: (A) Grants, gifts, sponsorships, contributions, donations, and bequests, including federal money, made available for the purposes for which the commission is authorized; and (B) Moneys made available to the division for the purpose of mitigating or offsetting adverse impacts of development on wildlife or wildlife habitat. (II) The commission may provide matching funds when appropriate moneys are available. The commission shall provide such information as may be required in order to secure matching funds. The receipt and expenditure of money so received by the commission shall be reported to the executive director prior to the time of submission of the commission's annual budget requests. dlife or wildlife habitat. (II) The commission may provide matching funds when appropriate moneys are available. The commission shall provide such information as may be required in order to secure matching funds. The receipt and expenditure of money so received by the commission shall be reported to the executive director prior to the time of submission of the commission's annual budget requests. (g) Enter into agreements with landowners for public hunting and fishing areas. Such agreements shall be negotiated by the commission or its authorized agent and shall provide that, if the landowner opens the land under his control to public hunting and fishing, the commission shall compensate him in an amount to be determined by the parties to the agreement. Under the agreement, the commission shall control public access to the land to prevent undue damage and to properly manage attendant wildlife populations. The commission shall not be liable for damages caused by the public other than those specified in the agreement. Nothing in section 33-4-103 limits the authority of the commission both to enter into an agreement and to include the issuance of a hunting license in the agreement. Nothing in section 33-3-103.5 limits the authority of the commission to negotiate the waiver of game damage eligibility in an agreement. (h) Provide for the destruction of any wildlife that poses a threat to public health, safety, or welfare; (i) (I) Purchase, without using the bid process required by section 33-1-105.5, no more than two thousand acres of real property in Mesa county to build a multi-use shooting facility using moneys received from: (A) Appropriated funds or nonappropriated grant moneys; or (B) The federal government. (II) The commission may contract with an independent contractor to build or operate the multi-use shooting facility authorized by this paragraph (i). (III) The authority to purchase land under subparagraph (I) of this paragraph (i) expires on July 1, 2020, but this expiration does not affect the authority to build and operate or to contract to build and operate the multi-use shooting facility. (2) Nothing in articles 1 to 6 of this title 33 authorizes the commission to change any penalty prescribed by law for a violation of articles 1 to 6 of this title 33. (3) (a) In the event that the commission plans to acquire the fee title to any real property or to acquire an easement for a period to exceed twenty-five years or at a cost to exceed one hundred thousand dollars or to enter into any lease agreement for the use of real property for a period to exceed twenty-five years or at a cost to exceed one hundred thousand dollars, or to sell or otherwise dispose of the fee title to any real property that has a market value in excess of one hundred thousand dollars, after the commission has approved the transaction but before it has completed the transaction, the commission shall submit a report to the capital development committee that outlines the anticipated use of the real property, the maintenance costs related to the property, the current value of the property, any conditions or limitations that may restrict the use of the property, and, in the event real property is acquired, the potential liability to the state that will result from the acquisition. The capital development committee shall review the reports submitted by the commission and make recommendations to the commission concerning the proposed land transaction within thirty days from the day on which the report is received. The commission shall not complete the transaction without considering the recommendations of the capital development committee, if the recommendations are made in a timely manner. (b) Repealed.

C.R.S. § 33-1-105.5 Acquisition of property - procedure

33-1-105.5. Acquisition of property - procedure. (1) Except as provided in subsection (7) of this section, before the commission purchases any fee title interest in real property or any interest in water pursuant to section 33-1-105 (1)(a), it shall solicit bid proposals from all interested parties through the issuance of a request for proposals. Notice of such request for proposals shall be published in a newspaper of general circulation in the area where the commission plans to purchase the real property or interest in water. (2) The notices required to be published pursuant to subsection (1) of this section shall include, but shall not be limited to, the following information: (a) The approximate amount of money available to the commission for the type of property, interest in water, and habitat to be acquired; (b) The nature of the wildlife habitat, other property, or interest in water desired, including the type or types of recreational opportunities, if any; (c) The expected terms and conditions of the proposed acquisitions; (d) The name, address, and phone number of a contact person employed by the division who shall be responsible for providing further information relating to the bid process to any interested party; (e) The deadlines for the submission of proposals and the address where proposals are to be sent; and (f) Any other information deemed relevant by the commission. (3) All proposals received by the commission shall be opened in a manner which is designed to prevent the disclosure of the offering price information contained in such proposals to competing bidders. Once a successful bidder has been selected and the acquisition is completed, the acquisition price and any other information deemed relevant by the commission shall be made available to the public. (4) The commission, or its designee, may conduct discussions with any person who submits a proposal pursuant to this section for the purpose of clarifying whether the bidder is responsive to, or has a full understanding of, the solicitation requirements. The commission, or its designee, shall, at the request of any person making a proposal, unless it deems such proposal nonresponsive to the bid solicitation, assist such person in restructuring the proposal for the purpose of making the most attractive possible proposal. Bidders shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. The commission, or its designee, shall not disclose any information regarding the offering prices of other proposals during the course of such discussions. Bidders may submit revisions to proposals after the initial submission of the proposal, so long as such revisions are made prior to the date listed in the request for proposals for final submission of all proposals. The commission has the right to reject any and all bids. (5) The commission shall evaluate the proposals based on the following criteria: (a) Whether the ability of the commission to attain the goals established in the long-range plan of the division is enhanced by the acquisition of the property or interest in water; (b) Whether the acquisition results in the establishment of additional wildlife habitat or in the potential for additional habitat through the use of habitat improvement methods; (c) Whether the acquisition will improve access to other public lands; (d) Whether additional wildlife-oriented recreational opportunities will result from the acquisition; (e) The size and location of the property or interest in water, including the proximity of the property or interest in water to other property controlled by the division; and t through the use of habitat improvement methods; (c) Whether the acquisition will improve access to other public lands; (d) Whether additional wildlife-oriented recreational opportunities will result from the acquisition; (e) The size and location of the property or interest in water, including the proximity of the property or interest in water to other property controlled by the division; and (f) Such other criteria as the commission may establish. (6) Prior to acceptance of proposals by the commission, said proposals must be reviewed by boards of commissioners of counties with lands or water included in the proposals. (7) The commission may decide not to use the bid process established in this section when the property or interest in water being purchased is located in such proximity to other property controlled by the division that, in the judgment of the commission, the bid process would not be effective, or when the property or interest in water to be purchased is offered through foreclosure, receivership, or auction, or when the property or interest in water is to be purchased from another governmental entity. In the event that the bid process is not used, the purchase of any fee title interest in real property or any interest in water shall be approved by the general assembly acting by bill. (8) The commission may adopt such rules as are necessary to implement the acquisition process established in this section. (9) Notwithstanding section 24-1-136 (11)(a)(I), the commission shall include in its annual report, which report shall be submitted to the capital development committee and to the agriculture, livestock, and natural resources committee of the house of representatives and the agriculture, natural resources, and energy committee of the senate, a listing of all acquisitions of real property or interests in water made pursuant to the provisions of this section. The report must describe all property and interests in water acquired within the previous five years, the acquisition cost of each such property or interest in water, and the appraised value of each such property or interest in water, and must contain a description of all pending acquisitions of property and interests in water. (10) Repealed.

C.R.S. § 33-1-106 Authority to regulate taking, possession, and use of wildlife - rules

33-1-106. Authority to regulate taking, possession, and use of wildlife - rules. (1) In order to provide an adequate, flexible, and coordinated statewide system of wildlife management and to maintain adequate and proper populations of wildlife species, the commission shall have authority in this state, by appropriate rules and regulations, to: (a) Determine under what circumstances, when, in which localities, by what means, what sex of, and in what amounts and numbers the wildlife of this state may be taken and, further, to shorten, extend, or close seasons on any species of wildlife in any specific locality or the entire state when it finds after investigation that such action is necessary to assure maintenance of adequate populations of wildlife or to preserve the proper ecological balance of the environment. In no event, however, shall the commission adopt any regulation concerning the taking of black bears which is in conflict with the provisions of section 33-4-101.3. (b) Provide for the disposal of the usable portions of wildlife confiscated, abandoned, or unclaimed at meat processing and storage facilities or by taxidermists or otherwise obtained under the provisions of articles 1 to 6 of this title; (c) Control the exportation, importation, transportation, release, possession, sale, transfer, and donation of wildlife; (d) Establish requirements for persons who are engaged in the business of buying, selling, processing, or otherwise handling wildlife for the keeping of records of such transactions and to make such records available for inspection; (e) Provide for the issuance of and require persons to obtain licenses for the purpose of hunting, fishing, trapping, taking, or possession of wildlife in accordance with the provisions of articles 1 to 6 of this title and the rules and regulations adopted pursuant thereto; (f) Authorize fishing without a license on a statewide basis for up to two days during the calendar year. (2) The commission shall adopt rules which regulate the conduct of fishing contests in public waters of the state. Such rules may prohibit the holding of such a contest on specific waters and at specific times of the year, but such rules shall not unreasonably restrict persons conducting such a contest from charging an entry fee, awarding prizes to participants, or using marked or tagged fish. (3) (a) The state agricultural commission shall review the rules concerning captive wild ungulates submitted by the division and make recommendations to the parks and wildlife commission concerning the rules. The parks and wildlife commission shall not pass nor implement rules concerning captive wild ungulates without the approval of the state agricultural commission. If the parks and wildlife commission makes the possession of red deer unlawful in this state, the division shall compensate any person who owns or possesses any red deer on the effective date of the prohibition for the cost to replace such red deer with a legal elk of the same sex and comparable age. (b) For purposes of this subsection (3), "captive wild ungulates" means wildlife which are ungulates lawfully acquired and held in confinement for breeding for agricultural purposes, production of meat, or other animal products; except that "captive wild ungulates" does not include wildlife held or used for the purpose of hunting or domestic elk or fallow deer held by persons licensed pursuant to section 35-41.5-104, C.R.S. bsection (3), "captive wild ungulates" means wildlife which are ungulates lawfully acquired and held in confinement for breeding for agricultural purposes, production of meat, or other animal products; except that "captive wild ungulates" does not include wildlife held or used for the purpose of hunting or domestic elk or fallow deer held by persons licensed pursuant to section 35-41.5-104, C.R.S. (c) Captive wild mammals and alternative livestock which have escaped from an owner's control may be removed from the wild by the division of parks and wildlife at the owner's expense, but not sooner than seventy-two hours after the division has given the owner or his designee actual notice of such escape, or the owner has notified the division of such escape. The amount the division of parks and wildlife may charge an owner shall be limited to actual costs incurred by the division to accomplish such removal, subject to further limitation by the following maximum caps: (I) For native wildlife and for nonnative or exotic wildlife, one thousand dollars per animal not to exceed in the aggregate five thousand dollars per incident; and (II) For prohibited species, no maximum cap per animal and no maximum cap per incident. (4) (a) The commission may propose rules concerning: (I) Hunting of alternative livestock as defined in section 35-41.5-102 (1), C.R.S.; (II) Maintaining the purity of the native species of elk in the elk herds of Colorado by preventing the introduction of red deer or hybrid nonnative species, whether by the importation of untested live animals, gametes, eggs, sperm, or other genetic material, into Colorado. For purposes of this subparagraph (II), "native species of elk" includes those subspecies native to North America including cervus elaphus roosevelti, cervus elaphus nannodes, cervus elaphus nelsoni, cervus elaphus manitobensis, cervus elaphus canadensis, and cervus elaphus merriavi. (III) Requirements that owners of alternative livestock have samples taken for the purpose of identifying individual animals; (IV) Perimeter fences for alternative livestock farms, licensed pursuant to article 41.5 of title 35, C.R.S., to prevent ingress of big game wildlife and egress of alternative livestock. (b) The state agricultural commission shall review any rules proposed by the commission and may make recommendations to the commission concerning such rules. The state agricultural commission shall approve all rules promulgated pursuant to this section prior to adoption by the commission. (c) For purposes of carrying out the rules promulgated pursuant to this section, at any reasonable time during regular business hours, the director or the director's designee shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant to: (I) All buildings, yards, pens, pastures, and other areas in which any alternative livestock is kept, handled, or transported; and (II) All records required to be kept and to make copies of such records. (5) Nothing in this section shall be construed to preclude the commissioner of agriculture from authorizing, pursuant to section 35-40-101, C.R.S., the taking of depredating animals. (6) The commission may adopt rules governing wildlife sanctuaries.

C.R.S. § 33-1-107 Regulation of areas under wildlife commission control

33-1-107. Regulation of areas under wildlife commission control. (1) The commission shall adopt such rules or regulations as may be reasonably necessary for the administration, protection, and maintenance of all land and water, or interests in land and water, acquired by the commission. The term "interests in land and water", as used in this section, means any and all rights and interests in land or water less than the full fee interest. Specifically, the commission shall have power to adopt rules or regulations upon the following matters: (a) Maintenance, enhancement, or management of property, vegetation, wildlife, signs, markers, buildings or other structures, and any object of scientific value or interest in any such area; (b) Restriction, limitation, or prohibition concerning the use of any such area either as to time, manner, permitted activities, or numbers of people; (c) Necessary sanitation, health, and safety measures. (2) Rules or regulations that apply to any particular area shall be published as provided in section 33-1-108 and shall be prominently posted at any such area. Absence of posting shall not, however, relieve any person from the responsibility to comply with applicable rules or regulations if such rules or regulations have been published as provided in section 33-1-108.

C.R.S. § 33-1-108 Rule-making procedure - judicial notice of rules

33-1-108. Rule-making procedure - judicial notice of rules. (1) Rule-making procedures shall be as prescribed in article 4 of title 24, C.R.S., except as otherwise provided in articles 1 to 6 of this title. Notice of rules and regulations may also be given such other publicity as the commission may deem desirable. (2) A certified copy, which may be certified by the director or his designee, of any rule, regulation, or order of the commission shall be prima facie evidence in any court of this state. A printed copy of any rule or regulation purporting or proved to have been adopted and published by the authority of the commission or as published in the code of Colorado regulations in accordance with the provisions of section 24-4-103, C.R.S., is presumptive evidence of such rule or regulation and of its adoption. (3) All rules, regulations, and orders of the commission, lawfully adopted and in force on December 31, 1984, shall continue to be effective until revised, amended, repealed, or nullified, or until they have expired, pursuant to law.

C.R.S. § 33-1-109 Office of director of division created

33-1-109. Office of director of division created. (Repealed)

C.R.S. § 33-1-110 Duties of the director of the division - habitat partnership council, program, committee - created - duties

33-1-110. Duties of the director of the division - habitat partnership council, program, committee - created - duties. (1) The director is the head of the division under the direction and supervision of the commission and the executive director and has general supervisory control of and authority over all activities, functions, and employees of the division. (2) Repealed. (3) The director shall prepare such reports as the executive director shall require the commission or director to submit. (4) With the approval of the commission, the director shall authorize such scientific and other studies as are necessary and shall collect, classify, and disseminate statistics, data, and other information which in his discretion will tend to accomplish the objectives of articles 1 to 6 of this title and the state policy set forth in section 33-1-101. (5) The director shall appoint Colorado wildlife officers and may appoint special wildlife officers to serve without pay, who shall have the powers and authority designated by the director. A special wildlife officer commission shall not be issued until the applicant has submitted to the division an application setting forth his or her qualifications to act as such an officer. Such qualifications shall include a minimum of forty hours of continuing law enforcement education per calendar year. The director may revoke the special wildlife officer commission of any such person at his or her pleasure. (6) The director and the executive director shall consult with the commission in the establishment of the division's budget and the expenditures of all moneys appropriated to the division by the general assembly. (6.5) The director, following notification of the commission, shall authorize an expenditure necessary to pay a local governing body for expenses incurred pursuant to section 35-5.5-110 (3), C.R.S. (6.7) The director shall certify to the state controller that commitment or payment vouchers submitted by local habitat partnership committees are consistent with distribution management plans and guidelines approved by the commission. Such certification is the only requirement necessary to authorize the state controller to disburse funds from the habitat partnership cash fund. (7) (a) The director shall appoint a council of nine persons to act as the "habitat partnership council", referred to in this section as the "council". The council has statewide responsibility and authority. (b) (I) The council shall consist of the following members: Two sports persons who purchase big game licenses on a regular basis in Colorado; two persons representing livestock growers in Colorado; one person from the United States department of agriculture forest service; one person from the United States department of the interior bureau of land management; one person from the Colorado state university range extension program; one person representing agricultural crop producers; and one person from the Colorado division of parks and wildlife. All persons on the council shall be residents of the state of Colorado. (II) Members of the council who will represent livestock growers and agricultural crop producers shall be chosen by the director from persons nominated by the local habitat partnership committees, pursuant to subparagraph (VI) of paragraph (d) of subsection (8) of this section. (III) For the initial appointments to the council, the terms of the four members representing sports persons and livestock growers shall be two years for one member of each group and four years for the other member of each group, after which all appointments shall be for four years. The term lengths for the members representing the various agencies shall be at the discretion of the respective agencies. There shall be no limit on the number of terms a member may serve. members representing sports persons and livestock growers shall be two years for one member of each group and four years for the other member of each group, after which all appointments shall be for four years. The term lengths for the members representing the various agencies shall be at the discretion of the respective agencies. There shall be no limit on the number of terms a member may serve. (c) The duties of the council are: (I) To advise local habitat partnership committees; (II) To assist in the dissemination of information concerning the habitat partnership program; (III) To review draft plans for compliance with program guidelines established by the commission and to recommend appropriate action by the commission; (IV) To monitor program effectiveness and to propose to the commission changes in guidelines and land acquisition planning and review as appropriate; (V) To advise the director whether or not payment vouchers submitted by local habitat partnership committees are consistent with distribution management plans approved by the commission; (VI) To report to the commission and to the senate agriculture, natural resources, and energy committee and the house of representatives agriculture, livestock, and natural resources committee pursuant to section 33-1-112 (8); (VII) To allocate an annual budget to each local habitat partnership committee and submit each committee's budget for the director's final approval; and (VIII) To expend money as necessary in areas that are not covered by a local habitat partnership committee formed pursuant to subsection (8)(b) of this section to reduce wildlife and land management conflicts as the conflicts relate to big game ungulate species forage and fence issues, assist with private land conservation efforts, enhance wildlife migration corridors, and implement other management objectives. (d) (Deleted by amendment, L. 96, p. 1727, § 1, effective June 3, 1996.) (8) (a) The habitat partnership program is hereby created to assist the division in its duties as deemed appropriate by the director: (I) By working with private land managers, public land management agencies, sports persons, and other interested parties to reduce wildlife conflicts, particularly those associated with forage and fence issues related to big game ungulate species; (II) By assisting the division in meeting game management objectives; (III) By assisting with private land conservation efforts; and (IV) In enhancing wildlife migration corridors. (b) The director may appoint a "habitat partnership committee", referred to in this subsection (8) as a "committee", in any area of the state where conflicts between wildlife and private land owners and managers engaged in the management of public and private land exist, as the conflicts relate to big game ungulate species forage and fence issues. (c) A committee shall consist of the following members: One sports person who purchases big game licenses on a regular basis in Colorado; three persons representing livestock growers in the area of the state in which the committee is being established; one person from each of the federal agencies that has land management responsibilities in such area of the state; and one person from the Colorado division of parks and wildlife. All persons on any such committee shall be residents of the state of Colorado. (c.5) Commencing on August 10, 2022, committee members serve for set terms as determined by the director. In setting committee members' terms, the director must provide for the staggering of committee members' terms and may allow committee members to serve an unlimited number of terms. o division of parks and wildlife. All persons on any such committee shall be residents of the state of Colorado. (c.5) Commencing on August 10, 2022, committee members serve for set terms as determined by the director. In setting committee members' terms, the director must provide for the staggering of committee members' terms and may allow committee members to serve an unlimited number of terms. (d) The duties of a committee are the following: (I) To develop big game distribution management plans to resolve rangeland forage, growing hay crop, harvested crop aftermath grazing, and fence conflicts subject to commission approval; (II) To monitor program effectiveness and to propose to the council changes in guidelines and land acquisition planning and review as appropriate; (III) To request for the committee, on an annual basis, funds from the council consistent with the distribution management plan developed by any such committee; (IV) To expend funds allocated by the council or acquired from other sources as necessary to implement distribution management plans; (V) To make an annual report of expenditures and accomplishments of the committee to the council by August 15 of each year; (VI) To nominate a person to act as a representative of agricultural livestock growers or crop producers to the habitat partnership council for the area of the state where such committee is organized; (VII) To reduce wildlife and land management conflicts as the conflicts relate to big game ungulate species forage and fence issues, assist with private land conservation efforts, enhance wildlife migration corridors, and achieve other management objectives. (e) (I) A committee may procure from land owners, land managers, or other providers materials or services as are necessary for carrying out activities identified in the distribution management plans pursuant to subsection (8)(d)(IV) of this section; except that a committee shall certify that a procurement is within the scope of the activities and funding levels authorized in a distribution management plan before procuring the materials or services. (II) For purposes of purchasing, accounting, and all procurement-related issues, the council and each committee is a separate, distinct, and independent organizational unit. (9) The director or the director's designee shall provide consultation regarding the impacts of the following research projects on wildlife: (a) Research projects for which the agricultural drought and climate resilience office awards money to study the use of agrivoltaics pursuant to section 35-1-114; and (b) A feasibility study through which the Colorado water conservation board, created in section 37-60-102, studies the use of floatovoltaics pursuant to section 37-60-115 (12).

C.R.S. § 33-1-111 Hearings - administrative law judges

33-1-111. Hearings - administrative law judges. Every hearing provided for in articles 1 to 6 of this title to be conducted by the commission or the division shall, except as provided in sections 33-4-101 and 33-6-106, be conducted by such agency or an administrative law judge designated by such agency pursuant to part 10 of article 30 of title 24, C.R.S., subject to appropriations for such administrative law judges made to the department of personnel, and every hearing shall comply with the provisions of articles 1 to 6 of this title and the provisions of article 4 of title 24, C.R.S.

C.R.S. § 33-1-112 Funds - cost accounting - definition - repeal

33-1-112. Funds - cost accounting - definition - repeal. (1) (a) Except as provided in subsections (7) and (8) of this section, sections 33-1-112.5 and 33-6-105, and in part 7 of article 22 of title 39, all money received from wildlife license fees, all money from all other wildlife sources, all money from fees collected pursuant to section 42-3-267 (4)(a)(II), and all interest earned on such money shall be deposited in the state treasury and credited to the wildlife cash fund, which fund is hereby created. Except as provided in subsection (1)(c) of this section, the money in the wildlife cash fund shall be utilized for expenditures authorized or contemplated by and not inconsistent with the provisions of articles 1 to 6 of this title 33 for wildlife activities and functions and for the financing of impact assistance grants pursuant to part 3 of article 25 of title 30. All money so deposited in the wildlife cash fund shall remain in the fund to be used for the purposes set forth in the provisions of articles 1 to 6 of this title 33 and shall not be deposited in or transferred to the general fund of the state of Colorado or any other fund. (b) Repealed. (c) (I) The division shall use the money from fees paid pursuant to section 42-3-267 (4)(a)(II) and deposited in the wildlife cash fund for any of the following purposes related to the restoration and management of gray wolves pursuant to section 33-2-105.8: (A) Programs, training, personnel, contractors, and community outreach events related to nonlethal means of mitigating and preventing conflict with gray wolves; (B) The purchase and deployment of equipment, technology, and training materials related to nonlethal means of mitigating and preventing conflict with gray wolves; (C) To support research related to developing more effective tools, technology, and methods for mitigating and preventing conflict with gray wolves by nonlethal means; (D) To support the observation, monitoring, and nonlethal management of gray wolf populations; (E) For promotion of the "Born to Be Wild" license plate, for which the division shall solicit grant applications annually from, and may award grants to, organizations in order to promote and market the "Born to Be Wild" license plate; or (F) Other nonlethal means for reducing conflict with gray wolves, as determined by the division. (II) The division shall not use any money from fees paid pursuant to section 42-3-267 (4)(a)(II) and deposited in the wildlife cash fund for the lethal control of wolves or for compensation for wolf depredation. (1.5) Repealed. (1.7) (a) Within three days after June 1, 2022, the state treasurer shall transfer one million dollars from the general fund to the wildlife cash fund. Notwithstanding section 33-1-112.5 (4), the division may use the money to: (I) Support the goals stated in section 33-12-108 (2)(a)(IV)(C); (II) Support the needs of backcountry search and rescue activities in accordance with the recommendations of the study completed pursuant to section 33-10-116; and (III) Cover response costs, equipment, and other related expenses for backcountry search and rescue activities. ction 33-1-112.5 (4), the division may use the money to: (I) Support the goals stated in section 33-12-108 (2)(a)(IV)(C); (II) Support the needs of backcountry search and rescue activities in accordance with the recommendations of the study completed pursuant to section 33-10-116; and (III) Cover response costs, equipment, and other related expenses for backcountry search and rescue activities. (b) This subsection (1.7) is repealed, effective July 1, 2025. (2) There is hereby created a stores revolving fund in the amount of eight hundred thousand dollars, which amount shall be maintained to acquire stock for warehousing and distributing supplies to operating units of the division. The moneys in such fund shall under no circumstances be used for the payment of operating expenses but shall be maintained intact as a revolving fund of eight hundred thousand dollars, composed of the following assets: Cash, accounts receivable, and inventory supplies. The purpose of the fund is to provide better budgetary control, and nothing contained in this subsection (2) shall authorize the division to make any purchases or acquisitions in any manner except as provided by law. (3) There is hereby created the vanpool program revolving account. Receipts from participants in vanpools operated by the division shall be deposited to said account and shall be used only to pay the monthly operating and maintenance costs of such vans which are attributable to the use of such motor vehicles in carrying persons to and from work and to pay that portion of the purchase cost of replacement motor vehicles which is attributable to the use of the motor vehicles in carrying persons to and from work. (3.5) (a) There is hereby created the wildlife management public education fund. Money in the fund consists of the surcharge authorized by section 33-4-102 (8.5), any money the general assembly allocates to the fund, and money collected from gifts, donations, contributions, bequests, grants, and funds or reimbursements made from other sources to the wildlife council created in section 33-4-120. (b) Money in the wildlife management public education fund is subject to annual appropriation and shall be used by the wildlife council for carrying out its duties as set forth in section 33-4-120, including the reasonable and necessary expenses incurred by council members in fulfilling their duties, as approved by the director. (c) All receipts and interest derived from the investment of moneys in the wildlife management public education fund shall be credited to such fund. (4) The director of the division, with the consent and approval of the executive director, is authorized and directed to establish an adequate system of accounting which shall provide accurate and timely records of: (a) All moneys received and from what sources; (b) All moneys expended and for what purposes; moneys in the wildlife management public education fund shall be credited to such fund. (4) The director of the division, with the consent and approval of the executive director, is authorized and directed to establish an adequate system of accounting which shall provide accurate and timely records of: (a) All moneys received and from what sources; (b) All moneys expended and for what purposes; (c) All licenses that are issued, numbering each type separately. (5) In his annual budget request to the governor, the executive director shall clearly show the allocations of funds used for wildlife purposes among operations, land acquisition, and capital construction and for any other purposes. (6) The cost of nongame programs established under articles 1 to 6 of this title 33 shall be borne by the general fund, the Colorado nongame conservation and wildlife restoration cash fund, the wildlife cash fund, and any other sources deemed appropriate by the general assembly. (7) (a) (I) (A) There is hereby created in the state treasury the wildlife for future generations trust fund. The fund consists of moneys appropriated to the fund by the general assembly, moneys received from energy or mineral royalties or leases of energy or mineral rights on wildlife properties, and gifts, grants, and donations. (B) For purposes of this subparagraph (I), "wildlife properties" means state wildlife areas and any other wildlife properties in which the division owns mineral interests. (C) No less than fifty percent of the total moneys deposited in the fund other than interest shall be accrued and maintained intact, and the remaining balance of the moneys deposited into the fund may be expended subject to appropriation by the general assembly; except that the interest earned on moneys in the fund is continuously appropriated and may be expended on such property operation and maintenance and other wildlife projects and programs as the commission deems appropriate. (II) The fund is under the control of and administered by the commission. The controller shall authorize disbursements from the fund as directed by the commission on receipt of a voucher from the commission stating that the disbursement is in accordance with this subsection (7). (III) Repealed. (IV) All moneys and interest in the fund remain in the fund to be used for the purposes set forth in this subsection (7) and shall not be deposited in or transferred to the general fund or any other fund. (b) There is hereby created a wildlife habitat account in the wildlife for future generations trust fund, created in paragraph (a) of this subsection (7). The state treasurer shall deduct five million dollars from the wildlife cash fund, created in subsection (1) of this section, and transfer such sum to the wildlife habitat account. The interest earned on such five million dollars shall be continuously appropriated and shall be used solely for operation and maintenance of properties, leases, and easements owned by the division. this subsection (7). The state treasurer shall deduct five million dollars from the wildlife cash fund, created in subsection (1) of this section, and transfer such sum to the wildlife habitat account. The interest earned on such five million dollars shall be continuously appropriated and shall be used solely for operation and maintenance of properties, leases, and easements owned by the division. (8) (a) There is hereby created in the state treasury the habitat partnership cash fund. The moneys in the habitat partnership cash fund shall consist of those moneys annually transferred from the wildlife cash fund in accordance with paragraph (e) of this subsection (8) for the partnership program and any gifts, grants, donations, and reimbursements made to the program from other sources. The moneys in the fund shall be used in accordance with the duties of the habitat partnership council as specified in section 33-1-110 (7) and (8), including, but not limited to, reasonable and necessary expenses incurred by council members in the fulfillment of their duties, as approved by the director. All interest derived from the investment of moneys in the habitat partnership cash fund shall be credited to the fund. Any balance remaining in the fund at the end of any fiscal year shall remain in the fund subject to the limitations provided in paragraph (e) of this subsection (8). (b) Notwithstanding section 24-1-136 (11)(a)(I), the council shall submit an annual report to the commission, the senate and house agriculture committees, and the executive director of the department of natural resources specifically stating the items for which it has expended money from the fund and the purpose of such items. (c) If the council ceases to exist, all moneys in the habitat partnership cash fund shall revert to the wildlife cash fund. (d) (Deleted by amendment, L. 96, p. 1729, § 2, effective June 3, 1996.) (e) (I) On July 1, 2002, and each year thereafter, there shall be transferred from the wildlife cash fund to the habitat partnership cash fund an amount equal to five percent of the net sales of big game licenses used in the geographic areas represented by local habitat partnership committees from the previous calendar year. (II) All moneys in the habitat partnership cash fund shall be continuously appropriated to the division of parks and wildlife for the purpose of funding the habitat partnership program. (III) The balance of unexpended and unencumbered money in the habitat partnership cash fund at the end of each state fiscal year must not exceed the total amount of the wildlife cash fund transfer from the beginning of that state fiscal year. Any amount of unexpended and unencumbered money in the habitat partnership cash fund at the end of a state fiscal year that exceeds the amount transferred to the fund at the beginning of that state fiscal year reverts to the wildlife cash fund. (IV) Repealed.

C.R.S. § 33-1-112.5 Backcountry search and rescue fund

33-1-112.5. Backcountry search and rescue fund. (1) (a) There is created in the state treasury a backcountry search and rescue fund, referred to in this section as the "fund". The fund consists of money credited to the fund pursuant to this section and section 33-12-108 (4)(e)(I)(B), and any other money that the general assembly may appropriate or transfer to the fund. (b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (c) Money in the fund is continuously appropriated to the department for use by the division as follows: (I) The division may use money credited to the fund pursuant to subsection (9) of this section and section 33-12-108 (4)(e)(I)(B), and any other money that the general assembly may appropriate or transfer to the fund to: (A) Support the goals stated in section 33-12-108 (2)(a)(IV)(C); (B) Support the needs of backcountry search and rescue activities in accordance with the recommendations of the study completed pursuant to section 33-10-116; and (C) Cover response costs, equipment, and other related expenses for backcountry search and rescue activities. (II) The division may use money credited to the fund pursuant to subsection (2) of this section to assist any agency or political subdivision of the state of Colorado for costs incurred in backcountry search and rescue activities involving persons holding hunting or fishing licenses; vessel, snowmobile, or off-highway vehicle registrations; or a Colorado outdoor recreation backcountry search and rescue card pursuant to subsection (3) of this section. Reimbursable costs are limited to actual operational expenses. Reimbursable costs do not include salaries paid to persons permanently employed by the agency or political subdivision. (d) The division may use a portion of the money in the fund for the direct and indirect costs of administering this section. (2) (a) (I) Until the commission establishes a new amount in rules promulgated pursuant to subsection (2)(a)(II) of this section, a surcharge of twenty-five cents shall be assessed on each license listed in section 33-4-102 (1) and (1.4) that is sold by the division or one of its license agents pursuant to section 33-4-101. Receipts and interest from the surcharge shall be deposited in the backcountry search and rescue fund created in subsection (1) of this section. (II) On or after January 1, 2023, the commission shall promulgate rules establishing the amount of the surcharge that shall be assessed on each license listed in section 33-4-102 (1) and (1.4) that is sold by the division or one of its license agents pursuant to section 33-4-101. Receipts and interest from the surcharge shall be deposited in the backcountry search and rescue fund created in subsection (1) of this section. (b) (I) Until the commission establishes a new amount in rules promulgated pursuant to subsection (2)(b)(II) of this section, a surcharge of twenty-five cents is assessed on each vessel, each snowmobile registration, each out-of-state snowmobile permit, each off-highway vehicle registration, and each off-highway use permit that is sold by the division or one of its agents pursuant to section 33-13-103, 33-14-102, 33-14-121, 33-14.5-102, or 33-14.5-112. Receipts and interest from the surcharge are deposited in the backcountry search and rescue fund created in subsection (1) of this section. (II) On or after January 1, 2023, the commission shall promulgate rules establishing the amount of the surcharge that is assessed on each vessel, each snowmobile registration, each out-of-state snowmobile permit, each off-highway vehicle registration, and each off-highway use permit that is sold by the division or one of its agents pursuant to section 33-13-103, 33-14-102, 33-14-121, 33-14.5-102, or 33-14.5-112. Receipts and interest from the surcharge are deposited in the backcountry search and rescue fund created in subsection (1) of this section. mobile registration, each out-of-state snowmobile permit, each off-highway vehicle registration, and each off-highway use permit that is sold by the division or one of its agents pursuant to section 33-13-103, 33-14-102, 33-14-121, 33-14.5-102, or 33-14.5-112. Receipts and interest from the surcharge are deposited in the backcountry search and rescue fund created in subsection (1) of this section. (c) (I) The general assembly hereby creates the Colorado outdoor recreation backcountry search and rescue card program. The division shall make a Colorado outdoor recreation backcountry search and rescue card available to the public in accordance with this subsection (2)(c) to backpackers, hikers, mountain and trail bikers, cross country skiers, and other persons who use the Colorado backcountry for recreation. The division shall establish procedures for the licensing of vendors who sell the outdoor recreation backcountry search and rescue card, the printing of such cards, and the distribution of such cards to vendors for sale to the public. (II) (A) Until the commission establishes a new amount in rules promulgated pursuant to subsection (2)(c)(II)(B) of this section, the Colorado outdoor recreation backcountry search and rescue card costs three dollars and is valid for one year from the date of purchase. The division shall charge vendors two dollars for each Colorado outdoor recreation backcountry search and rescue card, which shall be transmitted to the state treasurer, who shall credit the amount to the backcountry search and rescue fund created in subsection (1) of this section. The remaining one dollar shall be retained by the vendor as the vendor's fee. (B) On or after January 1, 2023, the commission shall promulgate rules establishing the price and vendor fee for the Colorado outdoor recreation backcountry search and rescue card. Money from the sale of the cards shall be transmitted to the state treasurer, who shall credit the amount to the backcountry search and rescue fund created in subsection (1) of this section. (III) The division may issue a multi-year Colorado outdoor recreation backcountry search and rescue card that is valid for a period not to exceed five years. The multi-year card may be offered at a reduced rate to vendors with a reduced vendor fee to reflect administrative cost savings and other considerations. (IV) The general assembly finds and declares that the Colorado outdoor recreation backcountry search and rescue card program is a new program. Prior to January 1, 2023, the department of local affairs is authorized to contract, pursuant to section 24-50-504 (2)(b), with a person, corporation, or entity for any elements of the administration of the program created by this subsection (2)(c). On and after January 1, 2023, the division assumes the rights, responsibilities, and obligations of the department of local affairs under any contract entered into pursuant to this subsection (2)(c)(IV) and is authorized to contract, pursuant to section 24-50-504 (2)(b), with a person, corporation, or entity for any elements of the administration of the program created by this subsection (2)(c). (3) All agencies and political subdivisions of the state have the right to make a request for reimbursement from the backcountry search and rescue fund for costs incurred in the performance of backcountry search and rescue activities involving those persons specified in subsection (1)(c)(II) of this section. Such requests shall be submitted to the division for immediate consideration. Any reimbursement requests which have been certified by the sheriff of the county in which the backcountry search and rescue activity occurred shall be eligible for payment by the division. The division shall establish the procedure through which requests must be submitted and for payment of such requests. this section. Such requests shall be submitted to the division for immediate consideration. Any reimbursement requests which have been certified by the sheriff of the county in which the backcountry search and rescue activity occurred shall be eligible for payment by the division. The division shall establish the procedure through which requests must be submitted and for payment of such requests. (4) The wildlife cash fund established in section 33-1-112 and the parks and outdoor recreation cash fund established in section 33-10-111 shall not be used for reimbursement of costs as provided in subsection (1)(c)(II) of this section. (5) Repealed. (6) At the close of any fiscal year, money remaining in the backcountry search and rescue fund that was credited to the fund pursuant to subsection (2) of this section, after all approved requests for reimbursement and administrative costs have been paid, shall be used first to pay for unreimbursed backcountry search and rescue incidents and then shall be divided among counties that have applied to the division for year-end grants from the backcountry search and rescue fund. The division shall establish operating procedures for applying for year-end grants in accordance with this subsection (6). (7) and (8) (Deleted by amendment, L. 2001, p. 599, § 1, effective July 1, 2001.) (9) Repealed. (10) (a) On and after January 1, 2023, the division shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations previously vested under this section in the department of local affairs. (b) Effective January 1, 2023, all positions of employment and appropriations for personal services in the department of local affairs related to performing the powers, duties, and functions transferred to the division pursuant to this subsection (10) and determined by the division to be necessary to carry out the purposes of this section are transferred to the division and are employment positions therein. All such employees are employees of the division and retain all rights under the state personnel system and to retirement benefits pursuant to the laws of this state, and their services are deemed continuous. (c) All rules and policies of the department of local affairs adopted pursuant to this section and in effect as of January 1, 2023, continue to be effective and shall be enforced by the division until superseded, revised, amended, repealed, or nullified pursuant to law. The division shall adopt any rules or policies necessary for the administration of this section and as otherwise authorized by law. Before initiating its first rule-making or adopting initial policies pursuant to this subsection (10)(c), the division shall consult with the county sheriffs and the Colorado search and rescue association for input on changes that are necessary to administer this section. (d) Any requests for reimbursement submitted to the department of local affairs prior to January 1, 2023, pursuant to subsection (3) of this section that have not been processed or paid on January 1, 2023, are transferred to the division for immediate consideration and payment pursuant to rules adopted by the department of local affairs, until such rules are superseded, revised, repealed, or amended by the division. (e) Any suit, action, or other proceeding, judicial or administrative, related to the administration of this section and lawfully commenced, or which could have been commenced, by or against the department of local affairs, or any officer thereof in such officer's official capacity or in relation to the discharge of the official's duties under this section, is abated by reason of the transfer of duties and functions to the division pursuant to this subsection (10).

C.R.S. § 33-1-113 Expenses of employees

33-1-113. Expenses of employees. (1) In addition to their salaries, all employees of the division shall be reimbursed for all actual and necessary expenses incurred by them in the discharge of their official duties. (2) In addition to the compensation paid employees of the division and in addition to reimbursement for expenses as provided in subsection (1) of this section, each employee of the division who is vested with the rights and powers of a Colorado wildlife officer, including and limited to area wildlife managers and district wildlife managers, shall, because of the number of hours and the extraordinary service performed by such employees and the requirement of purchasing necessary uniform items, be further reimbursed for maintenance and ordinary expenses incurred in the performance of their duties in such amount as shall be determined by the commission, but the amount authorized under this subsection (2) for any such employee of the division shall not exceed the sum of fifty dollars per month.

C.R.S. § 33-1-114 Conservation magazine - revenue - Colorado outdoors magazine revolving fund

33-1-114. Conservation magazine - revenue - Colorado outdoors magazine revolving fund. (1) The division is authorized to distribute a conservation magazine and associated informational products. The revenue derived therefrom shall be deposited in the state treasury and credited to the Colorado outdoors magazine revolving fund, which fund is hereby created. The magazine, subject to the approval of the executive director, shall be issued in accordance with the provisions of section 24-1-136, C.R.S. Funds necessary for the publication and distribution of such magazine and associated products shall be expended from the revolving fund, and additional funds, if necessary, will be included in the division's annual budget of wildlife cash funds. Such conservation magazine and associated informational products may be sold by the division or by any person designated by such division pursuant to contract. Any surplus in the revolving fund in excess of one hundred thousand dollars shall revert to the wildlife cash fund at the close of each fiscal year. (2) If a private business manufactures and produces for sale a product that is available on the commercial market and the division is not currently producing such product, such product, or one substantially similar, shall not be produced or offered for sale by the division for so long as such product remains available from a private business.

C.R.S. § 33-1-115 Migratory birds - possession of raptors - reciprocal agreements

33-1-115. Migratory birds - possession of raptors - reciprocal agreements. (1) The open season for all migratory game birds in the state of Colorado shall be the same as that fixed, or as may be fixed, under the administrative provisions of the federal "Migratory Bird Treaty Act", 16 U.S.C. sec. 703 to 711, as amended. Any change made by the United States department of the interior, fish and wildlife service, or any new ruling made by the secretary of the interior under said act which is applicable to the state of Colorado shall be in effect in the state of Colorado and shall be enforced by the division. The term "migratory birds" includes birds defined as such under the administrative provisions of said "Migratory Bird Treaty Act" and regulations adopted pursuant to the provisions of said act. (2) (a) The commission shall issue licenses in accordance with its regulations to permit the possession of raptors for falconry and captive breeding purposes and to encourage individual efforts to propagate the species. The commission shall actively pursue the establishment of reciprocal agreements with other states and Canada as a signatory to the "Migratory Bird Treaty Act", which agreements shall allow for the taking, use, and transportation of raptors from each respective area by qualified and licensed applicants. (b) Applicants from other states or Canadian provinces or territories which are signatories to the "Migratory Bird Treaty Act" and have reciprocal raptor agreements with Colorado may obtain nonthreatened raptors in reasonable numbers commensurate with raptor populations within this state. The commission may issue nonresident take licenses to such applicants, and the fees for such licenses shall be equivalent to the fees for comparable licenses in the states, provinces, or territories with which Colorado holds such agreements. (c) It is the intent of the general assembly for the commission to make the rules of this state conform to or be more stringent than the provisions of the "Migratory Bird Treaty Act", as amended, and the "Endangered Species Act of 1973", as amended. These rules may include, but not be limited to, captive breeding and the use of domestic captive bred raptors and the purchase, sale, transportation, importation, exportation, or exchange of raptors with persons having like licenses. (3) Repealed.

C.R.S. § 33-1-116 Powers of director of United States fish and wildlife service

33-1-116. Powers of director of United States fish and wildlife service. The director of the United States fish and wildlife service and his duly authorized agents have the right within this state to conduct fish hatching and fish culture activities and all other operations connected therewith that the said director may consider necessary and proper. Nothing in sections 33-1-116 to 33-1-119 shall be construed as permitting or granting to the said director or his duly authorized agents any jurisdiction over or the right to interfere with the activities or facilities of the division, nor shall anything in said sections be construed as contravening any of the laws of this state relating to public health, pollution, or water rights.

C.R.S. § 33-1-117 Assent of state to Pittman-Robertson act

33-1-117. Assent of state to Pittman-Robertson act. The state of Colorado through the division assents to the provisions of the act of congress entitled "An Act to provide that the United States shall aid the states in wildlife restoration projects, and for other purposes.", approved September 2, 1937, and as amended. The division is authorized to perform such acts as may be necessary to conduct and establish cooperative wildlife restoration projects, as defined in such act, in compliance with such act and the rules and regulations promulgated by the secretary of the interior thereunder. No moneys or funds accruing to the division pursuant to such act shall be used for any purpose other than for such projects and the administration of the division, but the division may pay into the general fund as a part of its administrative costs a reasonable rental or service charge, as it may determine, for office quarters and auditing, bookkeeping, and like services furnished to the division by the state. All moneys now in the wildlife cash fund, or accrued or accruing to or received or receivable by the division, pursuant to such act shall be appropriated to pay for the administrative expense of such division for the protection, preservation, restoration, and control of wildlife of the state and to cover expenses in enforcing the wildlife laws of the state. Such moneys are to be expended upon a voucher approved by the director or an employee of the department authorized by the executive director and a warrant drawn by the controller.

C.R.S. § 33-1-118 Assent to Dingell-Johnson act

33-1-118. Assent to Dingell-Johnson act. The state of Colorado through the division assents to the provisions of the act of congress entitled "An Act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes.", approved August 9, 1950, and as amended. The division is authorized and directed to perform such acts as may be necessary to conduct and establish cooperative fish restoration and management projects as defined in and in compliance with such act of congress and the rules and regulations promulgated by the secretary of the interior thereunder. No moneys or funds accruing to the division as a result of compliance with such act shall be used for any purpose other than for such projects and the administration of such division.

C.R.S. § 33-1-119 Federal aid projects income fund

33-1-119. Federal aid projects income fund. There is hereby created a fund designated as the federal aid projects income fund to which shall be deposited certain revenues and earnings derived from properties purchased and operated jointly by the United States government and the state of Colorado under the provisions of sections 33-1-116 to 33-1-119, and the provisions of the acts of congress referred to in this article, and the rules and regulations of the United States department of the interior. Such revenues and earnings so deposited shall be limited to those specific revenues and earnings to which each has a right under the provisions of cooperative agreements establishing such rights. All moneys deposited under the provisions of this section are specifically appropriated for the purposes for which such moneys may accrue.

C.R.S. § 33-1-120 Limitation on division and commission authority

33-1-120. Limitation on division and commission authority. (1) Neither the commission nor the division shall enter into any mitigation agreements with any agency of the federal government relating to the transfer or exchange of land or water condemned by the federal government without the express consent of the general assembly. (2) The provisions of subsection (1) of this section shall not be construed to prevent the commission or the division from entering into common agreements with a federal agency pertaining to the stocking of fish or management of other wildlife on federally owned lands. (3) The programs of the commission and division, including the listing of threatened and endangered species, shall not be utilized by the commission or division to supersede, abrogate, or impair any water right. For the purposes of this subsection (3), "impair" means requiring water users to forego water to which they are entitled under a water right.

C.R.S. § 33-1-120.5 Oversight of the division - target dates for implementation of management review recommendations

33-1-120.5. Oversight of the division - target dates for implementation of management review recommendations. (1) As used in this section, unless the context otherwise requires, "management review recommendations" means the recommendations made by Deloitte Touche LLP in the management review final report dated June 5, 1995. (2) There is hereby established a deadline of no later than January 1, 1998, for the division to implement the management review recommendations. (3) The director shall: (a) Establish a schedule for the implementation of the management review recommendations; (b) Repealed. (c) Make decisions concerning the implementation of or departure from review recommendations in conjunction with the executive director of the department of natural resources and the commission. (4) The director shall have the authority to reimburse or compensate employees relocated due to the implementation of the management review in the following manner: (a) (I) The cost of all reasonable and necessary moving expenses incurred by an employee for the packing and unpacking, insurance, transportation, storage in transit, and installation of household effects shall be reimbursed. (II) Notwithstanding subparagraph (I) of this paragraph (a), no reimbursement shall be paid for expenses incurred for insurance, transportation, or storage in transit to the extent such expenses cover a period longer than sixty days, nor shall reimbursement be paid for expenses incurred for household effects exceeding eighteen thousand pounds weight. (b) Reimbursement is authorized for expenses charged by commercial business establishments for renting trailers or trucks for the purpose of moving household effects and for towing house trailers containing the household effects of employees. If such expenses exceed one thousand dollars, the claim therefor shall be accompanied by two competitive bids. Reimbursement shall be made at the rate proposed in the lowest bid. Any employee who performs his or her own packing and moving shall be reimbursed at the rate of fifty percent of the lowest commercial moving bid, not to exceed two thousand five hundred dollars. (c) When the director requires an employee to relocate due to the implementation of the management review, such employee shall receive a per diem allowance for not more than sixty days for the necessary and reasonable expenses incurred in locating a primary residence at the new location. Such sixty-day period shall be tolled during any interruption caused by sick leave, vacation, or other authorized leave of absence or ordered travel. (d) No reimbursement rate under this subsection (4) shall exceed a rate established by executive order. The per diem rate for dependent children between the ages of twelve and eighteen years and the spouse or partner of an employee shall not exceed seventy-five percent of the rate established by executive order for employees. The per diem rate for dependent children of an employee who are less than twelve years of age shall not exceed fifty percent of the rate established by executive order for employees.

C.R.S. § 33-1-121 Captive wildlife and alternative livestock board - created - duties - repeal

33-1-121. Captive wildlife and alternative livestock board - created - duties - repeal. (Repealed)

C.R.S. § 33-1-122 Wildlife legislative interim committee

33-1-122. Wildlife legislative interim committee. (Repealed)

C.R.S. § 33-1-123 Division - predator management plan - predator management advisory committee - creation - repeal

33-1-123. Division - predator management plan - predator management advisory committee - creation - repeal. (Repealed)

C.R.S. § 33-1-124 Revenue bonds - authority - issuance - requirements - covenants

33-1-124. Revenue bonds - authority - issuance - requirements - covenants. (1) (a) The commission may, by resolution that meets the requirements of subsection (2) of this section, authorize and issue revenue bonds in an amount not to exceed ten million dollars in the aggregate for expenses of the division. Such bonds may be issued only after approval by both houses of the general assembly acting either by bill or joint resolution and after approval by the governor in accordance with section 39 of article V of the state constitution. Such bonds shall be payable only from moneys allocated to the division for expenses of the division pursuant to section 33-1-112. (b) All bonds issued by the commission shall provide that: (I) No holder of any such bond may compel the state or any subdivision thereof to exercise its appropriation or taxing power; and (II) The bond does not constitute a debt of the state and is payable only from the net revenues allocated to the division for expenses as designated in such bond. (2) (a) Any resolution authorizing the issuance of bonds under the terms of this section shall state: (I) The date of issuance of the bonds; (II) A maturity date or dates during a period not to exceed thirty years from the date of issuance of the bonds; (III) The interest rate or rates on, and the denomination or denominations of, the bonds; and (IV) The medium of payment of the bonds and the place where the bonds will be paid. (b) Any resolution authorizing the issuance of bonds under the terms of this section may: (I) State that the bonds are to be issued in one or more series; (II) State a rank or priority of the bonds; and (III) Provide for redemption of the bonds prior to maturity, with or without premium. (3) Any bonds issued pursuant to the terms of this section may be sold at public or private sale. If bonds are to be sold at a public sale, the commission shall advertise the sale in such manner as the commission deems appropriate. All bonds issued pursuant to the terms of this section shall be sold at a price not less than the par value thereof, together with all accrued interest to the date of delivery. (4) Notwithstanding any provisions of law to the contrary, all bonds issued pursuant to this section are negotiable. (5) (a) A resolution pertaining to issuance of bonds under this section may contain covenants as to: (I) The purpose to which the proceeds of sale of the bonds may be applied and to the use and disposition thereof; (II) Such matters as are customary in the issuance of revenue bonds including, without limitation, the issuance and lien position of other or additional bonds; and (III) Books of account and the inspection and audit thereof. (b) Any resolution made pursuant to the terms of this section shall be deemed a contract with the holders of the bonds, and the duties of the commission under such resolution shall be enforceable by any appropriate action in a court of competent jurisdiction. (6) Bonds issued under this section and bearing the signatures of the commission in office on the date of the signing shall be deemed valid and binding obligations regardless of whether, prior to delivery and payment, any or all of the persons whose signatures appear thereon have ceased to be members of the commission. (7) (a) Except as otherwise provided in the resolution authorizing the bonds, all bonds of the same issue under this section shall have a prior and paramount lien on the net revenues pledged therefor. The commission may provide for preferential security for any bonds, both principal and interest, to be issued under this section to the extent deemed feasible and desirable by such commission over any bonds that may be issued thereafter. n the resolution authorizing the bonds, all bonds of the same issue under this section shall have a prior and paramount lien on the net revenues pledged therefor. The commission may provide for preferential security for any bonds, both principal and interest, to be issued under this section to the extent deemed feasible and desirable by such commission over any bonds that may be issued thereafter. (b) Bonds of the same issue or series issued under this section shall be equally and ratably secured, without priority by reason of number, date, sale, execution, or delivery, by a lien on the net revenue pledged in accordance with the terms of the resolution authorizing the bonds.

C.R.S. § 33-1-125 Colorado nongame conservation and wildlife restoration cash fund - creation - disbursement of money - wildlife rehabilitation grant program - authority and board created - process - report - definitions

33-1-125. Colorado nongame conservation and wildlife restoration cash fund - creation - disbursement of money - wildlife rehabilitation grant program - authority and board created - process - report - definitions. (1) (a) There is hereby created in the state treasury the Colorado nongame conservation and wildlife restoration cash fund, referred to in this section as the "fund". The fund consists of voluntary contributions made through part 7 of article 22 of title 39, less any appropriation to the department of revenue pursuant to section 39-22-703; any money credited pursuant to section 33-6-105 (1); and all interest derived from the deposit and investment of money in the fund and credited to the fund by the state treasurer. All unexpended and unencumbered money remaining in the fund at the end of any fiscal year must remain in the fund and must not revert back to the general fund or any other fund or be used for any purpose other than the purposes set forth in this section. The division shall expend money from the fund as specified in, and for the implementation of, this section. (b) The moneys in the fund must be apportioned and used as follows: (I) For up to the first two hundred fifty thousand dollars credited to the fund in any fiscal year: (A) Ninety percent of the moneys credited to the fund in any fiscal year shall be used by the division in preserving, protecting, perpetuating, and enhancing nongame and endangered wildlife in the state, including the division's administrative expenses in connection therewith, and for the division's costs in providing staff support to the board created in subsection (3) of this section; and (B) Ten percent of the moneys credited to the fund in any fiscal year shall be used for grants to wildlife rehabilitators in accordance with subsection (4) of this section. (II) For any moneys over the initial two hundred fifty thousand dollars credited to the fund in any fiscal year: (A) Seventy-five percent of those additional moneys shall be used by the division in preserving, protecting, perpetuating, and enhancing nongame and endangered wildlife in the state, including the division's administrative expenses in connection therewith, and for the division's costs in providing staff support to the board created in subsection (3) of this section; and (B) Twenty-five percent of those additional moneys shall be used for grants to wildlife rehabilitators in accordance with subsection (4) of this section. (2) There is hereby created the Colorado nongame conservation and wildlife restoration cash fund authority, referred to in this section as the "authority". The authority is not an agency of state government and is not subject to administrative direction by any state agency except as provided in this section. (3) (a) (I) The powers of the authority are vested in a board of directors, referred to in this section as the "board". The board consists of the following seven members, each of whom is appointed by the director pursuant to an application process: (A) Two representatives from private-sector Colorado wildlife rehabilitation organizations; (B) One representative of the Colorado federation of animal welfare agencies or its successor organization; (C) One employee of the division; (D) One wildlife biologist employed by a state institution of higher education or by a nonstate entity; (E) One member of a recognized wildlife conservation organization with local and national affiliates whose mission focuses on conservation and restoration of natural ecosystems and on habitat protection for biodiversity, and whose membership enjoys significantly nonconsumptive uses of wildlife; and (F) One member of the general public with an interest in nonconsumptive uses of wildlife or wildlife rehabilitation. (II) The director shall establish a process through which applications for appointments to the board are developed, received, and evaluated. atural ecosystems and on habitat protection for biodiversity, and whose membership enjoys significantly nonconsumptive uses of wildlife; and (F) One member of the general public with an interest in nonconsumptive uses of wildlife or wildlife rehabilitation. (II) The director shall establish a process through which applications for appointments to the board are developed, received, and evaluated. (b) (I) Appointments to the board are for three-year terms. Each member serves at the pleasure of the director and continues in office until the member's successor is appointed and qualified. The director shall make the initial appointments to the board no later than September 1, 2017. (II) Repealed. (c) On the expiration of the term of a member of the board, the director shall either reappoint that member or appoint that member's successor for a term of three years; except that, in the case of a vacancy, the director's appointee serves for the remainder of the unexpired term. A person shall not serve more than six years on the board. (d) Members of the board serve without compensation for any service provided to the authority. Members do not receive any reimbursement from the board for any expenses incurred fulfilling their responsibilities pursuant to this section. (e) (I) Except as provided in subsection (3)(e)(II) of this section, the authority, created pursuant to subsection (2) of this section, shall not be funded by or through any state agency. (II) The division shall provide staff support to the board for the purposes of implementing this section. (III) The board shall develop, adopt, and implement guidelines and practices for its own operation and for receiving and evaluating applications for grant moneys from the fund in accordance with subsection (4) of this section, including practices to detect and avoid board member conflicts of interest; the timing of the application submissions and grant disbursement, which timing must take into account the unique seasonal demands presented by wildlife rehabilitation efforts; and criteria to score or otherwise assess grant applications. Nothing in this section authorizes the board to promulgate rules to implement this section. (4) (a) (I) The division shall expend moneys from the fund, pursuant to recommendations made by the board, for the purpose of making grants to wildlife rehabilitators in order to facilitate wildlife rehabilitation in Colorado. (II) As used in this section: (A) "Wildlife rehabilitation" means the process of providing aid to injured, orphaned, displaced, or distressed wildlife animals in such a way that they may survive when released to their native habitats. The term includes activities such as providing direct medical and other care to wildlife, arranging suitable release sites, anticipating and helping to prevent problems with wildlife, operational or capital expenses, and humanely resolving human-wildlife conflicts. (B) "Wildlife rehabilitator" means a person licensed as a wildlife rehabilitator by the division. (b) Nothing in this section requires a wildlife rehabilitator to provide matching funds or to be a registered nonprofit organization pursuant to section 501 (c)(3) of the internal revenue code as a condition to applying for or receiving grant moneys. (c) Grants are awarded from the fund in accordance with a grant approval process developed by the board. A member of the board shall not vote on any grant application in which the member is interested. (d) Grants awarded from the fund must be in amounts from one thousand dollars to thirty thousand dollars; except that, for any fiscal year in which an amount less than five thousand dollars is transferred to the fund for the purposes of the grant program pursuant to subsection (1)(b)(II)(B) of this section, the board shall endeavor to award grants in amounts that maximize wildlife rehabilitation efforts to the greatest extent possible. e in amounts from one thousand dollars to thirty thousand dollars; except that, for any fiscal year in which an amount less than five thousand dollars is transferred to the fund for the purposes of the grant program pursuant to subsection (1)(b)(II)(B) of this section, the board shall endeavor to award grants in amounts that maximize wildlife rehabilitation efforts to the greatest extent possible. (e) Grant moneys awarded under this subsection (4) may be used by wildlife rehabilitators for the rehabilitation of both game and nongame wildlife species; except that grant moneys shall not be used to rehabilitate exotic wildlife. (f) Wildlife rehabilitators must execute a contract with the division in order to receive any grant moneys awarded. Such contracts must require, at a minimum, that rehabilitation projects funded in whole or in part through grant moneys will be performed or managed by the grantee. (g) Grantees shall submit annual reports, in accordance with a schedule developed by the board, to the division describing how grant moneys they received have been expended. The division shall make the grant recipients and amounts and the annual reports available on its official website. (5) The board is subject to the "Colorado Open Records Act", part 2 of article 72 of title 24, and to the open meetings provisions of the "Colorado Sunshine Act of 1972" contained in part 4 of article 6 of title 24. For purposes of the "Colorado Open Records Act", part 2 of article 72 of title 24, the records of the board and the authority are public records.

C.R.S. § 33-1-126 Prohibiting certain animals in a traveling animal act - short title - definitions

33-1-126. Prohibiting certain animals in a traveling animal act - short title - definitions. (1) The short title of this section is the "Traveling Animal Protection Act". (2) As used in this section, unless the context otherwise requires: (a) "Cause a performance" means to allow for the participation of an animal in a performance, to be responsible for a performance, to financially benefit as an owner or operator from a performance, to financially benefit as a person who owns or controls a property used for a performance, or to use any means of communication for the purpose of promoting a performance on behalf of the owner or operator of a performance or the venue for a performance. (b) "Environmental education program" means an animal exhibition that: (I) Is designed by a professional to impart knowledge or information for educational or conservation purposes about one or more animals' natural behavior, habitat, life cycle, or similar pedagogical information; (II) Is conducted by an individual qualified to impart such information; and (III) Does not include any performance of behavior by an animal that does not naturally occur for that animal in the wild state, except for industry-standard husbandry practices for veterinary purposes. (c) "Performance" means any animal act, circus, ride, carnival, parade, race, performance, or similar undertaking in which animals are: (I) Required to perform tricks, give rides, or participate as accompaniments for the entertainment, amusement, or benefit of an audience; or (II) Used primarily for photographic purposes. (d) "Rodeo" means a competition involving livestock, as defined in section 35-80-102 (9); alternative livestock, as defined in section 35-41.5-102 (1); or both. (e) "Traveling animal act" means any performance of an animal where the animal is transported to, from, or between locations for the purpose of the performance. (3) Except as provided in subsection (4) of this section, a person shall not cause a performance of the following animals, including hybrids of the following animals, whether wild-borne or captive-bred, in a traveling animal act: (a) Cetartiodactyla other than bison, cattle, deer, elk, goats, reindeer, swine, and sheep; (b) Felidae other than domestic cats; (c) Wild canidae other than domestic dogs; (d) Marsupialia; (e) Nonhuman primates; (f) Perissodactyla other than horses, donkeys, and mules; (g) Pinnipedia; (h) Proboscidea; (i) Ratites; (j) Spheniscidae; and (k) Ursidae. (4) This section does not prohibit the use of an animal specified in subsection (3) of this section: (a) In an exhibition at a: (I) Wildlife sanctuary; or (II) Nonmobile, permanent institution, facility, zoo, or aquarium accredited by the Association of Zoos and Aquariums or the Global Federation of Animal Sanctuaries, or any successor organizations; (b) If the animal is livestock, as defined in section 35-80-102 (9), or alternative livestock, as defined in section 35-41.5-102 (1); (c) As part of an environmental education program if: (I) The animal is not used more than six months in a calendar year; and (II) The animal is not kept in a vehicle for more than twelve hours per day, when the vehicle is used to transport or house the animal while traveling to, from, or between locations for performance purposes; (d) By a university, college, laboratory, or other research facility properly licensed or registered under the federal "Animal Welfare Act of 1970", 7 U.S.C. sec. 2131 et seq., as amended, for the purpose of conducting research; (e) For the sole purpose of a film, as defined in section 24-48.5-114 (1), or a television production, if the use in the film or television production does not involve a live animal exhibition or performance conducted before an audience or interaction with an audience, the public, clients, or customers; or t of 1970", 7 U.S.C. sec. 2131 et seq., as amended, for the purpose of conducting research; (e) For the sole purpose of a film, as defined in section 24-48.5-114 (1), or a television production, if the use in the film or television production does not involve a live animal exhibition or performance conducted before an audience or interaction with an audience, the public, clients, or customers; or (f) At a rodeo or county fair. (5) A person who violates this section is guilty of an unclassified misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than two hundred fifty dollars and not more than one thousand dollars per violation. (6) This section does not prohibit working dog trials, livestock or horse shows, or any other exhibition involving livestock.

C.R.S. § 33-1-127 Nontoxic bullet pilot program - rules - repeal

33-1-127. Nontoxic bullet pilot program - rules - repeal. (1) The division shall cooperate and collaborate with one or more willing nongovernmental entities to design and promote a two-year nontoxic bullet pilot program that allows individuals who satisfy the requirements of the program to receive vouchers that offset the cost of purchasing hunting rounds that have nonlead bullets, focusing on areas where the exposure of wildlife populations to spent lead bullets is of special or potential concern. The division shall work with one or more willing nongovernmental entities to determine the scope of the pilot program. (2) To implement this section, the division may cooperate and collaborate with willing nongovernmental entities to: (a) Develop and distribute educational and promotional materials and brochures about the pilot program statewide; and (b) Identify range space for public demonstrations and educational activities and offer those activities at the identified range space. (3) The division shall cooperate and collaborate with willing nongovernmental entities to collect the results of the pilot program and report those results, including data on participation rates, to the commission and post this information to a publicly accessible division website. (4) The division shall designate a qualified entity, as determined by the division, to: (a) Educate hunters about the benefits of using nontoxic bullets in hunting; and (b) Publicize the nontoxic bullet pilot program, including using hunting brochures and the division's website. (5) The commission may promulgate rules reasonably necessary to implement this section. (6) To implement the pilot program in accordance with this section, the division shall not expend any money, other than for staff time, printing, and the creation of educational materials. (7) This section is repealed, effective July 1, 2026.

C.R.S. § 33-1-128 Wolf depredation compensation fund - compensation for damages - definitions - rules

33-1-128. Wolf depredation compensation fund - compensation for damages - definitions - rules. (1) As used in this section, unless the context otherwise requires: (a) "Fund" means the wolf depredation compensation fund created in subsection (2) of this section. (b) "Livestock" has the meaning set forth in section 33-2-105.8 (5)(c). (c) "Livestock guard or herding animal" means an animal whose primary purpose is protecting livestock from depredation or herding livestock. (d) "Wolf depredation" means that a gray wolf has caused direct physical trauma resulting in the death of or injury to livestock or to a livestock guard or herding animal. (2) (a) The wolf depredation compensation fund is created in the state treasury. The fund consists of money transferred to the fund in accordance with subsection (2)(b) of this section and any other money that the general assembly may appropriate or transfer to the fund. (b) (I) Repealed. (II) For the 2024-25 state fiscal year and each state fiscal year thereafter, the state treasurer shall annually transfer three hundred fifty thousand dollars from the general fund to the fund. (c) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (3) (a) Subject to annual appropriation by the general assembly, the division may expend money from the fund to compensate owners of livestock or livestock guard or herding animals that suffer damages due to wolf depredation. (b) For an owner of livestock or a livestock guard or herding animal to be compensated from the fund: (I) One or more gray wolves must have killed or injured livestock or a livestock guard or herding animal owned by the claimant, as determined by the division; and (II) The claimant must be eligible for compensation under the gray wolf restoration and management plan, created in accordance with section 33-2-105.8, or in any rules promulgated by the commission. (c) The commission may promulgate rules to implement and administer this section. The rules may: (I) Include additional criteria necessary to receive compensation from the fund; or (II) Authorize and set criteria for compensation from the fund for indirect livestock loss. (4) (a) The division shall expend any unexpended and unencumbered money in the fund that exceeds the following amounts for the purposes described in subsection (4)(b) of this section: (I) For state fiscal years 2023-24 and 2024-25, one hundred thousand dollars; and (II) For state fiscal year 2025-26 and subsequent fiscal years, an amount equal to the amount of money expended from the fund for compensation of owners of livestock or livestock guard or herding animals during the immediately preceding state fiscal year plus twenty percent of this amount. n (4)(b) of this section: (I) For state fiscal years 2023-24 and 2024-25, one hundred thousand dollars; and (II) For state fiscal year 2025-26 and subsequent fiscal years, an amount equal to the amount of money expended from the fund for compensation of owners of livestock or livestock guard or herding animals during the immediately preceding state fiscal year plus twenty percent of this amount. (b) The division shall expend the money described in subsection (4)(a) of this section to implement the gray wolf restoration and management plan, created in accordance with section 33-2-105.8, as amended by the commission. (5) (a) On or before January 31, 2025, and on or before January 31 of each year thereafter, the director shall submit a written report to the appropriate committees of reference as determined in accordance with section 2-7-203 (1). For the immediately preceding state fiscal year, the report must include: (I) The number of livestock and livestock guard or herding animals killed by gray wolves; (II) The number of claims made for compensation from the fund; (III) The number of compensation claims that were approved and denied; (IV) The reasons for the denial of compensation claims; (V) The amount of money paid for compensation from the fund; (VI) An explanation of the number and cost of losses due to wolf depredation; (VII) The number of resident gray wolves; (VIII) The number of resident gray wolf packs; (IX) The activity of the gray wolf packs, including dates, determined from gray wolves being tracked; and (X) The number of gray wolf breeding pairs and the population changes of resident gray wolves. (b) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement specified in subsection (5)(a) of this section continues indefinitely. (c) The division shall not include, in the report made under subsection (5)(a) of this section, information that the division may withhold under section 24-72-204 (2)(a)(X). (6) (a) Compensation paid under this section is reimbursement for damages and not income subject to taxation. (b) This section does not authorize the release of any private information about a claimant or a claimant's compensation.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-33.docxFetched: 10/6/2026