Colorado Professional Engineer Licensing Law
Colorado Code · 601 sections
The following is the full text of Colorado’s professional engineer licensing law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.
C.R.S. § 1-5-608.5
1-5-608.5. Electromechanical voting systems - testing by federally accredited labs - certification and approval of purchasing of electromechanical voting systems by secretary of state - conditions of use by secretary of state - testing. (1) A federally accredited laboratory may test, approve, and qualify electronic and electromechanical voting systems for sale and use in the state of Colorado.
(2) (Deleted by amendment, L. 2009, (HB 09-1335), ch. 260, p. 1190, � 4,
effective May 15, 2009.)
(3) (a) If the electronic and electromechanical voting systems tested
pursuant to this section satisfy the requirements of this part 6, the secretary of state shall certify such systems and approve the purchase, installation, and use of such systems by political subdivisions and establish standards for certification.
(b) The secretary of state may promulgate conditions of use in connection
with the use by political subdivisions of electromechanical voting systems as may be appropriate.
(c) In undertaking the certification required by this section, the secretary of
state may consider either procedures used or adopted by county clerk and recorders or best practices recommended by equipment vendors.
(3.5) (a) On and after December 31, 2022, if an electronic and
electromechanical voting system tested pursuant to this section satisfies the requirements of this part 6 related to the use of the system in an election using instant runoff voting and the rules established by the secretary of state pursuant to section 1-5-616 (1.5), the secretary of state shall certify such system and approve the purchase, installation, and use of such system by political subdivisions in an election using instant runoff voting.
(b) The secretary of state may promulgate conditions of use in connection
with the use by political subdivisions of an electromechanical voting system in an election using instant runoff voting as may be appropriate.
(c) In undertaking the certification required by this section, the secretary of
state may consider procedures used or adopted by county clerk and recorders or best practices recommended by equipment vendors.
(4) In undertaking the certification required by this section, the secretary of
state may request a federally accredited laboratory to undertake the testing of an electronic or electromechanical voting system or may use and rely upon the testing of an electronic or electromechanical voting system already performed by another state or a federally accredited laboratory upon satisfaction of the following conditions:
(a) The secretary of state has complete access to any documentation, data,
reports, or similar information on which the other state or laboratory relied in performing its testing and will make such information available to the public subject to any redaction required by law; and
(b) The secretary of state makes written findings and certifies that he or she
reviewed the information specified in paragraph (a) of this subsection (4) and determines that the testing:
(I) Was conducted in accordance with appropriate engineering standards in
use as of the time the testing is undertaken; and
(II) Satisfies the requirements of sections 1-5-615 and 1-5-616 and all rules
promulgated thereunder.
(5) In undertaking the certification required by this section, the secretary of
state may conduct joint testing with an agency of another state or with a federally accredited laboratory.
Source: L. 93: Entire section added, p. 1414, � 57, effective July 1. L. 2004:
Entire section amended, p. 1346, � 13, effective May 28. L. 2009: Entire section amended, (HB 09-1335), ch. 260, p. 1190, � 4, effective May 15. L. 2021: (3.5) added, (HB 21-1071), ch. 367, p. 2416, � 3, effective July 1, 2022. L. 2023: (3)(b) and (3.5)(b) amended, (SB 23-276), ch. 399, p. 2381, � 20, effective June 6.
Cross references: For the legislative declaration contained in the 2004 act
amending this section, see section 1 of chapter 334, Session Laws of Colorado 2004.
C.R.S. § 1-5-617
1-5-617. Examination - testing - certification. (1) (a) After an electronic or electromechanical voting system is tested in accordance with section 1-5-608.5, the voting system provider may submit the system to the secretary of state for certification.
(b) The secretary of state shall examine each electronic or
electromechanical voting system submitted for certification and determine whether the system complies with the requirements of section 1-5-615 and the standards established under section 1-5-616.
(c) The secretary of state shall decide whether to certify an electronic or
electromechanical voting system within one hundred twenty days after the system is submitted for certification.
(1.5) (a) On and after December 31, 2022, after an electronic or
electromechanical voting system is tested in accordance with section 1-5-608.5 (3.5) for use in an election using instant runoff voting, the voting system provider may submit the system to the secretary of state for certification for use in an election using instant runoff voting.
(b) The secretary of state shall examine each electronic or
electromechanical voting system submitted for certification and determine whether the system complies with the requirements of section 1-5-615 and the standards established under section 1-5-616 for use in an election using instant runoff voting.
(c) The secretary of state shall decide whether to certify an electronic or
electromechanical voting system for use in an election using instant runoff voting within one hundred twenty days after the system is submitted for certification.
(2) The secretary of state shall appoint one or more experts in the fields of
data processing, mechanical engineering, or public administration to assist in the examination and testing of electronic or electromechanical voting systems submitted for certification and to produce a written report on each system.
(3) Neither the secretary of state nor any examiner shall have any pecuniary
interest in any voting equipment.
(4) Within thirty days after deciding to certify an electromechanical voting
system, the secretary of state shall make a report on the system containing a description of the system and its operation. The secretary of state shall send a notice of certification and a copy of the report to the voting system provider that submitted the system for certification. The secretary of state shall notify the governing bodies of the political subdivisions of the state of the certification and make the notice of certification and report available to them upon request.
(5) The designated election official of a political subdivision that plans to use
an electronic or electromechanical voting system that has been certified in accordance with this section shall apply to the secretary of state for approval of the purchase, installation, and use of the system. The secretary of state shall prescribe the form and procedure of the application by rule adopted in accordance with article 4 of title 24, C.R.S.
(6) The secretary of state may provide technical assistance to designated
election officials on issues related to the certification of the purchase, installation, and use of electronic and electromechanical voting systems by a political subdivision.
Source: L. 2004: Entire section added, p. 1350, � 14, effective May 28. L.
2005: (5) amended, p. 759, � 3, effective June 1. L. 2009: (1)(c) amended, (HB 09-1335), ch. 260, p. 1191, � 6, effective May 15. L. 2021: (1.5) added, (HB 21-1071), ch. 367, p. 2418, � 8, effective July 1, 2022. L. 2024: (4) amended, (SB 24-210), ch. 468, p. 3248, � 17, effective June 6.
Cross references: For the legislative declaration contained in the 2004 act
enacting this section, see section 1 of chapter 334, Session Laws of Colorado 2004.
C.R.S. § 10-1-122
10-1-122. Reporting of malpractice claims against architects. Each insurance company doing business in this state and engaged in the writing of malpractice insurance for architects shall send to the state board of licensure for architects, professional engineers, and professional land surveyors, in the form prescribed by the commissioner, information relating to each malpractice claim against a licensed architect or a corporation, partnership, or group of persons practicing architecture that is settled or in which judgment is rendered against the insured within ninety days after the effective date of such settlement or judgment.
Source: L. 2003: Entire article RC&RE, p. 600, � 1, effective July 1. L. 2006:
Entire section amended, p. 741, � 3, effective July 1.
Editor's note: This section is similar to former � 10-1-124.5 as it existed prior
to 2002.
Cross references: For the provisions concerning architects, see part 4 of
article 120 of title 12.
C.R.S. § 10-2-105
10-2-105. Insurance producer - exemptions from definition. (1) Nothing in this article shall be construed to require an insurer to obtain an insurance producer license. In this section, the term insurer does not include an insurer's officers, directors, employees, subsidiaries, or affiliates.
(2) Notwithstanding section 10-2-103 (6), insurance producer does not
include the following:
(a) Any person who is a regularly salaried officer, director, or employee of an
insurance company or an insurance producer and who is engaged in the performance of usual or customary executive, administrative, or clerical duties which do not include the negotiation or solicitation of insurance, so long as the officer, director, or employee does not receive any commission on policies written or sold to insure risks residing, located, or to be performed in this state;
(b) Any person who is a salaried employee in the office of an insurance
producer or insurer and who devotes full time to clerical and administrative services, including the incidental taking of insurance applications and receipt of premiums in the office of such person's employer, so long as the person does not receive any commission on such applications and the person's compensation is not varied by the volume of applications or premiums taken or received;
(c) An officer, director, or employee whose activities are executive,
administrative, managerial, clerical, or a combination of these, and are only indirectly related to the sale, solicitation, or negotiation of insurance;
(c.3) An officer, director, or employee whose function relates to
underwriting, loss control, inspection, or the processing, adjusting, investigating, or settling of a claim on a contract of insurance;
(c.5) An officer, director, or employee who is acting in the capacity of a
special agent or agency supervisor assisting insurance producers, where the officer's, director's, or employee's activities are limited to providing technical advice and assistance to licensed insurance producers and do not include the sale, solicitation, or negotiation of insurance;
(c.7) A person who secures and furnishes information for the purpose of
group life insurance, group property and casualty insurance, group annuities, or group or blanket accident and health insurance or for the purpose of enrolling individuals under plans, issuing certificates under plans, or otherwise assisting in administering plans or performs administrative services related to mass marketed property and casualty insurance, where no commission is paid to the person for the service;
(d) Employers, associations, or their officers, directors, or employees, or the
trustees of any employee trust plan, to the extent that such employers, associations, officers, directors, employees, or trustees are engaged in the administration or operation of any program of employee benefits for their own employees or the employees of their subsidiaries or affiliates, which program involves the use of insurance issued by an insurer; except that such employers, associations, officers, directors, employees, or trustees shall not in any manner be compensated, directly or indirectly, by the company issuing the contracts;
(e) Employees of insurers or insurance agencies or organizations employed
by insurers or insurance agencies who are engaging in the inspection, rating, or classification of risks or in the supervision of the training of insurance producers and who are not individually engaged in the solicitation or negotiation of policies or contracts for insurance;
(f) Management associations, partnerships, or corporations whose
operations do not entail solicitation of insurance from the public;
(g) Officers or employees of a motor vehicle rental company that offers
coverage in connection with and incidental to the rental of motor vehicles under motor vehicle rental agreements, so long as such coverage is:
(I) Offered at the point of the rental transaction or by preselection of
coverage in master, corporate, group, or individual rental agreements;
(II) Limited in scope to the parties to such motor vehicle rental agreements
and to other authorized drivers or occupants of the vehicles being rented;
(III) Limited in duration to coverage of damages incurred as a result of events
occurring during the rental period; and
(IV) For traditionally recognized risks associated with motor vehicle
operation and travel, including, without limitation, personal injury or death, personal liability and property damage, collision, damage to or loss of personal effects, roadside assistance, and emergency repairs;
(h) A person whose activities in this state are limited to advertising without
the intent to solicit insurance in this state through communications in printed publications or other forms of electronic mass media whose distribution is not limited to residents of the state, so long as the person does not sell, solicit, or negotiate insurance that would insure risks residing, located, or to be performed in this state;
(i) A person who is not a resident of this state who sells, solicits, or
negotiates a contract of insurance, for commercial property and casualty risks, to an insured with risks located in more than one state insured under that contract, so long as the person is otherwise licensed as an insurance producer to sell, solicit, or negotiate that insurance in the state where the insured maintains its principal place of business and the contract of insurance insures risks located in that state; or
(j) A salaried full-time employee who counsels or advises his or her employer
relative to the insurance interests of the employer or of the subsidiaries or business affiliates of the employer, so long as the employee does not sell or solicit insurance or receive a commission.
(2.5) With respect to public adjusters, a license as a public adjuster is not
required for:
(a) An attorney-at-law admitted to practice in this state, when acting in his or
her professional capacity as an attorney;
(b) A person who negotiates or settles claims arising under a life or health
insurance policy or an annuity contract;
(c) A person employed only for the purpose of obtaining facts surrounding a
loss or furnishing technical assistance of an incidental nature to a licensed public adjuster, including a photographer, estimator, private investigator, engineer, or handwriting expert;
(d) A licensed health-care provider, or employee of a licensed health-care
provider, who prepares or files a health claim form on behalf of a patient; or
(e) A person who settles subrogation claims between insurers.
Source: L. 93: Entire article R&RE, p. 1350, � 1, effective January 1, 1995. L.
98: (1)(g) added, p. 234, � 3, effective April 10. L. 2001: Entire section amended, p. 1192, � 5, effective January 1, 2002. L. 2013: (2.5) added, (HB 13-1062), ch. 61, p. 201, � 2, effective January 1, 2014.
Editor's note: This section is similar to former � 10-2-209 as it existed prior to
1993.
Cross references: For the legislative declaration contained in the 1998 act
enacting subsection (1)(g), see section 1 of chapter 88, Session Laws of Colorado 1998.
PART 2
PRELICENSURE EDUCATION
C.R.S. § 10-3-216
10-3-216. Mortgage loans. (1) A domestic insurance company may acquire, either directly or indirectly, obligations secured by mortgages on real estate located in the United States or Canada, but the company shall not acquire a mortgage loan that is not secured by a first lien unless the company is the holder of the first lien. Authority to acquire a mortgage loan is subject to the following:
(a) (I) At the time of acquisition, no such loan shall exceed:
(A) Ninety percent of the value of the real property if the mortgage loan is
secured by a purchase-money mortgage or like security received by the insurer upon disposition of the real property;
(B) Eighty percent of the value of the real property if the mortgage loan is
secured by commercial real property or by real property that is improved with a residential building designed for occupancy by five or more dwelling units and if the mortgage loan: Requires immediate scheduled payment in periodic installments of principal and interest; has an amortization period of thirty years or less; and requires periodic payments to be made no less frequently than annually. In addition, each periodic payment must be sufficient to assure that, at all times, the outstanding principal balance of the mortgage loan does not exceed the outstanding principal balance that would be outstanding under a mortgage loan with the same original principal balance, with the same interest rate, and requiring equal payments of principal and interest with the same frequency over the same amortization period. Mortgage loans permitted under this sub-subparagraph (B) are permitted notwithstanding the fact that they provide for a payment of the principal balance prior to the end of the period of amortization of the loan. If the loan meets all other requirements of this sub-subparagraph (B), acceptable private mortgage insurance has been obtained, and the mortgage loan is secured by real property that is improved with a residential building, including a condominium, designed for occupancy by not more than four dwelling units, the loan may be up to ninety-seven percent of the value of the real property.
(C) Seventy-five percent of the value of the real property if the mortgage
loan is secured by a mortgage that does not meet the requirements set forth in sub-subparagraph (A) or (B) of this subparagraph (I).
(II) In all cases, value must be evidenced by the written appraisal of a
qualified real estate appraiser, who may be an employee of the company; except that, in the case of property used for the production of oil, of gas, or of other minerals, the appraisal must be made by an engineer or geologist qualified in the relevant field. For commercial properties of over one hundred thousand dollars in value, the appraiser must be a member of an institute of real estate appraisers, or its equivalent.
(b) and (c) Repealed.
(d) Any improvements must be insured against casualty loss, for the benefit
of the lending company, by a reliable property and casualty insurance company for an amount not less than the unpaid balance of the obligation or the insurable value of the property, whichever is less.
(e) The company must hold the documents necessary to evidence the
company's ownership of the company's liens. If, under the law of the jurisdiction where the real property is situated, it is necessary to the validity of the lien to record a mortgage or assignment of the lien, the company must record the mortgage or assignment in compliance with such law.
(f) The entire mortgage loan obligation must be owned by the company;
except that the company may own this type of obligation in common with other participants if, at the time of the company's investment, each participant is:
(I) A bank whose depositors are insured by the federal deposit insurance
corporation;
(II) A savings and loan association whose members are insured by the federal
deposit insurance corporation or any successor agency thereto;
(III) A trust for a pension or other benefit plan for employees qualified under
section 401 of the federal Internal Revenue Code of 1986, as amended;
(IV) An insurance company organized in any state of the United States, the
District of Columbia, or any province of Canada; or
(V) A corporation or association owned wholly by one or more of the entities
or one or more wholly owned subsidiaries of the entities specified in subparagraph (I), (II), or (IV) of this paragraph (f).
(g) Repealed.
(h) If before a loan is paid the value of the real property, including any
improvements thereon, securing the loan depreciates, the loan may nevertheless be carried as an admitted asset, but not for an amount exceeding seventy-five percent of the current value of the real property.
(i) The maximum amount of a loan made, directly or indirectly, to any one
obligor that may be an admitted asset of the company under this section must not exceed two percent of the company's admitted assets.
(j) The aggregate amount of investments of a company that may be admitted
assets under this section must not exceed fifty percent of the company's admitted assets.
(2) (a) A domestic insurance company may acquire a mortgage loan secured
by a mortgage on real estate located in a foreign jurisdiction having a sovereign debt rating of 1 from the securities valuation office of the National Association of Insurance Commissioners if the mortgage loan otherwise meets the requirements of subsection (1) of this section; except that the aggregate amount of foreign mortgage loans that may be admitted assets under this subsection (2)(a) must not exceed ten percent of the company's admitted assets.
(b) This subsection (2) does not apply to a jurisdiction described in
subsection (1) of this section.
Source: L. 69: p. 492, � 5. C.R.S. 1963: � 72-2-22. L. 71: p. 708, � 1. L. 73: pp.
839, 840, �� 1, 2. L. 75: (1)(j) amended, p. 339, � 1, effective June 26; (1)(f) R&RE, p. 335, � 2, effective July 1. L. 81: (1)(a) amended, p. 532, � 1, effective April 1; (1)(f) and (1)(j) amended, p. 528, � 3, effective July 1. L. 93: (1)(f)(II) amended, p. 1772, � 25, effective June 6; (1)(i) and (1)(j) amended, p. 574, � 2, effective July 1. L. 2000: (1)(f)(III) amended, p. 1839, � 7, effective August 2. L. 2004: (1)(f)(II) amended, p. 148, � 51, effective July 1. L. 2014: IP(1), (1)(a), and (1)(e) amended and (1)(b) and (1)(g) repealed, (SB 14-209), ch. 396, p. 1995, � 1, effective August 6. L. 2020: IP(1), (1)(a)(II), (1)(d), (1)(e), IP(1)(f), (1)(i), and (1)(j) amended, (1)(c) repealed, and (2) added, (HB 20-1136), ch. 87, p. 348, � 2, effective September 14.
C.R.S. § 10-3-802
10-3-802. Subsidiaries of insurers. (1) A domestic insurer, either by itself or in cooperation with one or more persons, may organize or acquire one or more subsidiaries engaged in the following kinds of business:
(a) Any kind of insurance business authorized by the jurisdiction in which it is
incorporated;
(b) Acting as an insurance broker or insurance agent for its parent or for any
of its parent's insurer subsidiaries;
(c) Investing, reinvesting, or trading in securities for its own account or that
of its parent, a subsidiary of its parent, or an affiliate or subsidiary;
(d) Management of an investment company subject to or registered pursuant
to the federal Investment Company Act of 1940, 15 U.S.C. sec. 80a-1 et seq., as amended, including related sales and services;
(e) Acting as a broker-dealer subject to or registered pursuant to the federal
Securities Exchange Act of 1934, 15 U.S.C. sec. 78a et seq., as amended;
(f) Rendering investment advice to governments, government agencies,
corporations, or other organizations or groups;
(g) Rendering other services related to the operations of an insurance
business, such as actuarial, loss prevention, safety engineering, data processing, accounting, claims, appraisal, and collection services;
(h) Ownership and management of assets that the parent corporation could
itself own or manage;
(i) Acting as administrative agent for a governmental instrumentality that is
performing an insurance function;
(j) Financing of insurance premiums, agents, and other forms of consumer
financing;
(k) Any other business activity determined by the commissioner to be
reasonably ancillary to an insurance business;
(l) Owning a corporation or corporations engaged or organized to engage
exclusively in one or more of the businesses specified in this section; and
(m) Any other kind of business that, in the opinion of the commissioner,
would be in the best interest of the insurer and would not be detrimental to the policyholders or the public.
(2) In addition to investments in common stock, preferred stock, debt
obligations, and other securities permitted under other provisions of this title, a domestic insurer may also:
(a) Invest, in common stock, preferred stock, debt obligations, and other
securities of one or more subsidiaries, amounts that do not exceed the lesser of ten percent of the insurer's assets or fifty percent of the insurer's surplus as regards policyholders if, after such investments, the insurer's surplus as regards policyholders will be reasonable in relation to the insurer's outstanding liabilities and adequate to meet its financial needs. In calculating the amount of the investments, the commissioner shall exclude investments in domestic or foreign insurance subsidiaries and shall include:
(I) Total net moneys or other consideration expended and obligations
assumed in the acquisition or formation of a subsidiary, including all organizational expenses and contributions to capital and surplus of the subsidiary whether or not represented by the purchase of capital stock or issuance of other securities;
(II) All amounts expended in acquiring additional common stock, preferred
stock, debt obligations, and other securities; and
(III) All contributions to the capital or surplus of a subsidiary after its
acquisition or formation.
(b) Invest any amount in common stock, preferred stock, debt obligations,
and other securities of one or more subsidiaries engaged or organized to engage exclusively in the ownership and management of assets authorized as investments for the insurer if each subsidiary agrees to limit its investments in any asset so that the investments will not cause the amount of the total investment of the insurer to exceed any of the investment limitations specified in paragraph (a) of this subsection (2) or in sections 10-3-213 to 10-3-242 applicable to the insurer. For the purpose of this paragraph (b), the total investment of the insurer includes:
(I) Any direct investment by the insurer in an asset; and
(II) The insurer's proportionate share of any investment in an asset by a
subsidiary of the insurer, which shall be calculated by multiplying the amount of the subsidiary's investment by the percentage of the ownership of the subsidiary; and
(c) With the approval of the commissioner, invest any greater amount in
common stock, preferred stock, debt obligations, or other securities of one or more subsidiaries if, after the investment, the insurer's surplus as regards policyholders will be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs.
(3) Investments in common stock, preferred stock, debt obligations, or other
securities of subsidiaries made in accordance with subsection (2) of this section are admitted assets of a domestic insurer, and such investments are not subject to any of the otherwise-applicable restrictions or limitations applicable to the investments of insurers.
(4) Any provision of this title to the contrary notwithstanding, any investment
by a domestic insurer in the common stock, preferred stock, debt obligations, or other securities of one or more insurance companies that are wholly owned subsidiaries of the domestic insurer are admitted assets of the domestic insurer, subject to the following provisions:
(a) If the authorized lines of business of the investing company and any such
wholly owned subsidiary corporation together do not constitute the lines of business of a multiple-line company, the common stock, preferred stock, debt obligations, and other securities of the subsidiary corporation are not at any time an admitted asset of the investing company unless at such time the two companies have, without taking the common stock, preferred stock, debt obligations, and other securities into account as an asset of the investing company, a combined capital or guaranty fund and a combined surplus that are at least equal, respectively, to the sum of the minimum capital or minimum guaranty fund required by law for the authorized line of business of each of the two companies and the sum of the minimum surplus required by law for the authorized line of business of each of the two companies; except that this paragraph (a) does not apply to an investing company that is a fraternal benefit society.
(b) If the authorized lines of business of the investing company and any such
wholly owned subsidiary corporation together constitute the lines of business of a multiple-line company, the common stock, preferred stock, debt obligations, and other securities of the wholly owned subsidiary corporation are not at any time an admitted asset of the investing company unless at such time the two companies have, without taking the stock into account as an asset of the investing company, a combined capital or guaranty fund and a combined surplus that are at least equal, respectively, to the minimum capital or guaranty fund and the minimum surplus required by law for the multiple-line company.
(c) If the authorized lines of business of any two insurance companies that
are members of a chain of corporations directly or indirectly owned by a common parent corporation together constitute the lines of business of a multiple-line company, the common stock, preferred stock, debt obligations, and other securities of either of the two insurance companies are at any time an admitted asset of any insurance company, including the common parent corporation, that is a member of such chain of corporations, unless at such time the two insurance companies have a combined capital or guaranty fund and a combined surplus that are at least equal, respectively, to the minimum capital or guaranty fund and the minimum surplus required by law for such a multiple-line company.
(5) Whether any investment made pursuant to subsection (2) of this section
meets the applicable requirements of that subsection (2) is to be determined before the investment is made, by calculating the applicable investment limitations as though the investment had already been made, taking into account the then-outstanding principal balance on all previous investments in debt obligations, and the value of all previous investments in equity securities as of the day they were made, net of any return of capital invested, not including dividends.
(6) If an insurer ceases to control a subsidiary, it shall dispose of any
investment made in the subsidiary pursuant to this section within three years after the time of the cessation of control or within such further time as the commissioner may prescribe, unless at any time after the investment has been made, the investment meets the requirements for investment under any other section of this title and the insurer has so notified the commissioner.
(7) Nothing in this part 8 prohibits a domestic insurer that, with the prior
approval of the commissioner, organized or acquired a subsidiary from continuing to hold the insurer's investments in the subsidiary or from making further investments in the subsidiary consistent with subsection (2) of this section, if the subsidiary engages only in the kind of business that was represented to the commissioner as a basis for such approval.
Source: L. 2014: Entire part R&RE, (SB 14-152), ch. 312, p. 1320, � 2, effective
July 1.
Editor's note: This section is similar to former � 10-3-802 as it existed prior to
2014.
C.R.S. § 11-51-201
11-51-201. Definitions. As used in this article, unless the context otherwise requires:
(1) Bank means a banking institution organized under the laws of the
United States, a member bank of the federal reserve system, any other banking institution or trust company, whether incorporated or not, doing business under the laws of any state or of the United States, a substantial portion of the business of which consists of receiving deposits or exercising fiduciary powers similar to those permitted to national banks under the authority of the comptroller of the currency, which is supervised and examined by a state or federal authority having supervision over banks, and which is not operated for the purpose of evading the provisions of the federal Securities Act of 1933, and a receiver, conservator, or other liquidating agent of any institution or firm described in this subsection (1).
(2) Broker-dealer means a person engaged in the business of effecting
purchases or sales of securities for the accounts of others or in the business of purchasing and selling securities for the person's own account. The term does not include the following:
(a) A sales representative;
(b) An issuer with respect to purchasing and selling the issuer's own
securities;
(c) A bank; or
(d) Any other person or class of persons the securities commissioner
designates by rule or order.
(3) Central registration depository means the computer registration
system known as the central registration depository, which is maintained by the financial industry regulatory authority and the states that participate in that system, or any successor system.
(4) Commodity futures trading commission means the commission
established by the federal Commodity Exchange Act.
(5) Depository institution means:
(a) A person that is organized or chartered, or is doing business or holds an
authorization certificate, under the laws of a state or of the United States which authorize the person to receive deposits, including deposits in savings, share, certificate, or other deposit accounts, and that is supervised and examined for the protection of depositors by an official or agency of a state or the United States; and
(b) A trust company or other institution that is authorized by federal or state
law to exercise fiduciary powers of the type a national bank is permitted to exercise under the authority of the comptroller of the currency and is supervised and examined by an official or agency of a state or the United States. The term does not include an insurance company or other organization primarily engaged in the insurance business.
(5.5) (a) Federal covered adviser means a person who is registered or
required to be registered under section 203 of the federal Investment Advisers Act of 1940.
(b) Federal covered adviser does not include either a person excepted from
the definition of investment adviser or exempt from registration under the federal Investment Advisers Act of 1940 solely by reason of the fact such person advises a local government investment pool trust fund under article 75 of title 24, C.R.S.
(6) Financial or institutional investor means any of the following, whether
acting for itself or others in a fiduciary capacity:
(a) A depository institution;
(b) An insurance company;
(c) A separate account of an insurance company;
(d) An investment company registered under the federal Investment
Company Act of 1940;
(e) A business development company as defined in the federal Investment
Company Act of 1940;
(f) Any private business development company as defined in the federal
Investment Advisers Act of 1940;
(g) An employee pension, profit-sharing, or benefit plan if the plan has total
assets in excess of five million dollars or its investment decisions are made by a named fiduciary, as defined in the federal Employee Retirement Income Security Act of 1974, that is a broker-dealer registered under the federal Securities Exchange Act of 1934, an investment adviser registered or exempt from registration under the federal Investment Advisers Act of 1940, a depository institution, or an insurance company;
(h) An entity, but not an individual, a substantial part of whose business
activities consist of investing, purchasing, selling, or trading in securities of more than one issuer and not of its own issue and that has total assets in excess of five million dollars as of the end of its latest fiscal year;
(i) A small business investment company licensed by the federal small
business administration under the federal Small Business Investment Act of 1958; and
(j) Any other institutional buyer.
(7) Fraud, deceit, and defraud are not limited to common-law deceit.
(8) Fraudulent conduct means, for the purposes of section 11-51-410,
conduct within this state which constitutes a willful violation of section 11-51-501 or conduct outside this state which would constitute a willful violation of section 11-51-501 if it had occurred within this state.
(9) Guaranteed means guaranteed as to payment of principal, interest, or
dividends.
(9.5) (a) (I) Investment adviser means any person who, for compensation,
engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities, or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities.
(II) Investment adviser includes financial planners or other persons who, as
an integral component of other financially related services, provide investment advisory services to others for compensation and as a part of a business or who hold themselves out as providing investment advisory services to others for compensation.
(b) Investment adviser does not include:
(I) A federal covered adviser;
(II) A publisher of a bona fide newspaper, magazine, or business or financial
publication with a regular paid circulation;
(III) A publisher of a securities advisory newsletter with a regular and paid
circulation who does not provide advice to subscribers on their specific investment situations;
(IV) An author of material included in a newspaper, magazine, publication, or
newsletter who does not otherwise come within the definition of an investment adviser or investment adviser representative;
(V) An investment adviser representative;
(VI) A licensed broker-dealer or sales representative for a licensed broker-dealer whose performance of investment advisory services is solely incidental to
the conduct of the person's business as a broker-dealer and who receives no special compensation for such services;
(VII) A depository institution or a person employed by or directly associated
with a depository institution;
(VIII) Any lawyer, accountant, engineer, or teacher whose performance of
such services is solely incidental to the practice of that person's profession;
(IX) A person who provides investment advisory services solely while acting
as an investment banker or business broker on behalf of one or more parties to, and in connection with, a transaction or proposed transaction for the transfer of a controlling interest in a business enterprise;
(X) An official, employee, or representative of the United States, an
individual state, a political subdivision of an individual state, or an agency or a corporate or other instrumentality of the United States or an individual state, while acting in such person's official capacity on behalf of such entity;
(XI) A licensed real estate broker or salesperson whose advice to clients
relates only to the investment or acquisition of real property or an interest in real property; or
(XII) Any other person or class of persons excluded by rule or order of the
securities commissioner.
(9.6) (a) Investment adviser representative with respect to an investment
adviser means an individual who has a place of business in this state; who is a partner, officer, or director of an investment adviser; who occupies a status similar to or performs functions similar to those of a partner, officer, or director for an investment adviser; or who is employed or otherwise associated with an investment adviser who:
(I) Makes recommendations or otherwise renders advice to clients regarding
securities;
(II) Manages securities accounts or portfolios for clients;
(III) Determines which recommendation or advice regarding securities should
be given to clients; or
(IV) Supervises employees of, or persons otherwise associated with, an
investment adviser or a federal covered adviser who perform any of the duties specified in this paragraph (a).
(b) Investment adviser representative for a federal covered adviser means
any individual with a place of business in this state who is an investment adviser representative as defined by the securities and exchange commission in rule 203A-3 promulgated under the federal Investment Advisers Act of 1940.
(c) The term investment adviser representative does not include:
(I) A licensed sales representative for a licensed broker-dealer whose
performance of investment advisory services is solely incidental to the conduct of business as a sales representative and who receives no special consideration in connection with providing such services; or
(II) Any other individual or class of individuals excluded by rule or order of
the securities commissioner.
(9.7) Investment advisory services means those activities performed by a
person in connection with such person's engaging in any of the activities described in paragraph (a) of subsection (9.5) of this section, including such activities by a federal covered adviser or an investment adviser representative for a federal covered adviser.
(10) Issuer means any person who issues or proposes to issue any security;
except that, with respect to certificates of deposit, voting-trust certificates, or collateral-trust certificates or with respect to certificates of interest or shares in an unincorporated investment trust not having a board of directors or persons performing similar functions or of the fixed, restricted management, or unit type, the term issuer means the person performing the acts and assuming the duties of depositor or manager pursuant to the provisions of the trust or other agreement or instrument under which such securities are issued; except that, in the case of an unincorporated association which provides by its articles for limited liability of any or all of its members or in the case of a trust, committee, or other legal entity, the trustees or members thereof shall not be individually liable as issuers of any security issued by the association, trust, committee, or other legal entity; except that, with respect to equipment-trust certificates or like securities, the term issuer means the person by whom the equipment or property is or is to be used; and except that, with respect to fractional undivided interests in oil, gas, or other mineral rights, the term issuer means the owner of any such right or of any interest in such right (whether whole or fractional) who creates fractional interests therein for the purpose of offering them for sale.
(11) Nonissuer means not directly or indirectly for the benefit of the issuer.
(11.5) Online intermediary means a person:
(a) Acting pursuant to section 11-51-308.5 as an intermediary in a transaction
involving the offer through a website of securities for the account of an issuer; and
(b) Who does not:
(I) Offer investment advice or recommendations;
(II) Solicit purchases, sales, or offers to buy the securities offered or
displayed on its website;
(III) Compensate employees, agents, or other persons for such solicitation or
based on the sale of securities displayed or referenced on its website;
(IV) Hold, manage, possess, or otherwise handle purchaser funds or
securities;
(V) Act as an exchange or listing or quotation service for the offer or sale of
securities by third parties; or
(VI) Engage in such other activities as the securities commissioner, by rule,
determines is inappropriate.
(12) Person means an individual, a corporation, a partnership, an
association, an estate, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, a governmental subdivision or agency, or any other legal entity.
(12.5) Place of business for investment adviser representatives shall have
the same meaning as defined by the securities and exchange commission in rule 203A-3 promulgated under the federal Investment Advisers Act of 1940.
(13) (a) Sale or sell includes every contract of sale of, contract to sell, or
disposition of a security or interest in a security for value. Offer to sell includes every attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security for value.
(b) Purchase or buy includes every contract of purchase of, contract to
buy, or acquisition of a security or interest in a security for value. Offer to purchase includes every attempt or offer to acquire, or solicitation of an offer to sell, a security or interest in a security for value.
(c) Offer means an offer to sell or an offer to purchase.
(d) Any security given or delivered with, or as a bonus on account of, any
purchase of securities or any other thing is considered to constitute part of the subject of the purchase and to have been offered, sold, and purchased for value.
(e) A purported gift of assessable stock is considered to involve an offer,
sale, and purchase.
(f) Every sale or offer of a warrant or right to purchase or subscribe to
another security of the same or another issuer, as well as every sale or offer of a security which gives the holder a present or future right or privilege to convert into another security of the same or another issuer, is considered to include an offer of the other security.
(g) An offer, offer to sell, offer to purchase, sale, and purchase shall
be deemed to be involved so far as the security holders of a corporation or other person are concerned where, pursuant to statutory provisions of the jurisdiction under which such corporation or other person is organized, or pursuant to provisions contained in its articles of incorporation or similar controlling instruments, or otherwise, there is submitted for the vote or consent of such security holders a plan or agreement for the following:
(I) A reclassification of securities of such corporation or other person, other
than a stock split, reverse stock split, or change in par value, which involves the substitution of a security for another security;
(II) A statutory merger or consolidation or similar plan of acquisition in which
securities of such corporation or other person held by such security holders will become or be exchanged for securities of any other person, except where the sole purpose of the transaction is to change an issuer's domicile; or
(III) A transfer of assets of such corporation or other person to another
person, in consideration of the issuance of securities of such other person or any of its affiliates, if:
(A) Such plan or agreement provides for dissolution of the corporation or
other person whose security holders are voting or consenting;
(B) Such plan or agreement provides for a pro rata or similar distribution of
such securities to the security holders voting or consenting;
(C) The board of directors or similar representative of such corporation or
other person adopts resolutions relative to sub-subparagraph (A) or (B) of this subparagraph (III) within one year after taking of such vote or consent; or
(D) The transfer of assets is a part of a preexisting plan for distribution of
such securities, notwithstanding the provisions of sub-subparagraph (A), (B), or (C) of this subparagraph (III).
(h) The terms defined in this subsection (13) do not include any bona fide
pledge or loan or any dividend payable by an issuer only in its own securities if nothing of value is given by stockholders for the dividend.
(14) Sales representative means an individual, other than a broker-dealer,
either authorized to act and acting for a broker-dealer in effecting or attempting to effect purchases or sales of securities or authorized to act and acting for an issuer in effecting or attempting to effect purchases or sales of the issuer's own securities. An individual so acting for an issuer is not a sales representative if the individual primarily performs, or is intended primarily to perform upon completion of an offering of the issuer's own securities, substantial duties for or on behalf of the issuer otherwise than in connection with transactions in the issuer's own securities and the individual's compensation is not based, in whole or in part, upon the amount of purchases or sales of the issuer's own securities effected for the issuer. A partner, officer, or director of a broker-dealer or issuer, or an individual occupying a similar status or performing similar functions, is a sales representative only if the individual otherwise comes within the definition.
(15) Securities and exchange commission means the commission
established by the federal Securities Exchange Act of 1934.
(16) Securities commissioner means the commissioner of securities
created by section 11-51-701.
(17) Security means any note; stock; treasury stock; bond; debenture;
evidence of indebtedness; certificate of interest or participation in any profit-sharing agreement; collateral-trust certificate; preorganization certificate of subscription; transferable share; investment contract; viatical settlement investment; voting-trust certificate; certificate of deposit for a security; certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease; or, in general, any interest or instrument commonly known as a security or any certificate of interest or participation in, temporary or interim certificate for, guarantee of, or warrant or right to subscribe to or purchase any of the foregoing. Security does not include any insurance or endowment policy or annuity contract under which an insurance company promises to pay a sum of money either in a lump sum or periodically for life or some other specified period. For purposes of this article, an investment contract need not involve more than one investor nor be limited to those circumstances wherein there are multiple investors who are joint participants in the same enterprise.
(18) Self-regulatory organization means a national securities exchange
registered under section 6 of the federal Securities Exchange Act of 1934, a national securities association of broker-dealers registered under section 15A of the federal Securities Exchange Act of 1934, a clearing agency registered under section 17A of the federal Securities Exchange Act of 1934, the municipal securities rule-making board established under section 15B of the federal Securities Exchange Act of 1934, or a futures association registered under section 21 of the federal Commodity Exchange Act.
(19) State means any state, territory, or possession of the United States,
the District of Columbia, or Puerto Rico.
(20) Viatical settlement investment means the contractual right to receive
any portion of the death benefit or ownership of a life insurance policy or certificate, in exchange for consideration that is less than the expected death benefit of the life insurance policy or certificate. Viatical settlement investment does not include:
(a) Any transaction between a viator and a viatical settlement provider as
defined by section 10-7-602, C.R.S.;
(b) Any transfer of ownership or beneficial interest in a life insurance policy
from a viatical settlement provider to another viatical settlement provider as defined by section 10-7-602, C.R.S., or to any legal entity formed solely for the purpose of holding ownership or beneficial interest in a life insurance policy or policies;
(c) The bona fide assignment of a life insurance policy to a bank, savings
bank, savings and loan association, savings association, credit union, or other licensed lending institution as collateral for a loan; or
(d) The exercise of accelerated benefits pursuant to the terms of a life
insurance policy issued in accordance with title 10, C.R.S.
Source: L. 90: Entire article R&RE, p. 702, � 1, effective July 1. L. 98: (5.5),
(9.5), (9.6), (9.7), and (12.5) added, p. 547, � 2, effective April 30. L. 2005: (17) amended and (20) added, p. 1324, � 2, effective January 1, 2006. L. 2015: (3) and (20)(c) amended, (SB 15-104), ch. 177, p. 575, � 2, effective May 11; (11.5) added, (HB 15-1246), ch. 98, p. 286, � 2, effective August 5.
Editor's note: This section is similar to former � 11-51-102 as it existed prior to
1990.
Cross references: For the Securities Act of 1933, see Pub.L. 73-22, codified
at 15 U.S.C. � 77a et seq.; for the Commodity Exchange Act, see Pub.L. 67-331, codified at 7 U.S.C. � 1 et seq.; for the Investment Advisers Act of 1940, see Pub.L. 76-768, codified at 15 U.S.C. � 80b-1 et seq.; for the Investment Company Act of 1940, see Pub.L. 76-768, codified at 15 U.S.C. � 80a-1 et seq.; for the Employee Retirement Income Security Act of 1974, see Pub.L. 93-406, codified at 29 U.S.C. � 1001 et seq.; for the Securities Exchange Act of 1934, see Pub.L. 73-291, codified at 15 U.S.C. � 78a et seq.; for the Small Business Investment Act of 1958, see Pub.L. 85-699, codified at 15 U.S.C. � 661 et seq.
C.R.S. § 11-51-304
11-51-304. Registration by qualification. (1) A security may be registered by qualification.
(2) A registration statement under this section shall contain full and fair
disclosure of all material facts respecting the investment offered, including the following information, shall state the title of the security and the number or amount being registered under this article, and shall be accompanied by the following documents in addition to the consent to service of process required by section 11-51-706:
(a) With respect to the issuer, its name, address, and form of organization;
the state or foreign jurisdiction and date of its organization; the general character and location of its business; a description of its physical properties and equipment; and a statement of the general competitive conditions in the industry or business in which it is or will be engaged;
(b) With respect to every director and officer of the issuer, or person
occupying a similar status or performing similar functions, the name, address, and principal occupation for the past five years; the amount of securities of the issuer held as of a specified date within thirty days of the filing of the registration statement; the amount of the securities covered by the registration statement to which the person has indicated an intention to subscribe; and a description of any material interest in any material transaction with the issuer or any significant subsidiary effected within the past three years or proposed to be effected;
(c) With respect to persons covered by paragraph (b) of this subsection (2),
the remuneration paid during the past twelve months and estimated to be paid during the next twelve months, directly or indirectly, by the issuer (together with all predecessors, parents, subsidiaries, and affiliates) to all such persons in the aggregate;
(d) With respect to any person owning of record, or beneficially if known, ten
percent or more of the outstanding shares of any class of equity security of the issuer, the information specified in paragraph (b) of this subsection (2) other than the occupation;
(e) With respect to every promoter, if the issuer was organized within the
past three years, the information specified in paragraph (b) of this subsection (2), any amount paid within that period or intended to be paid to that person, and the consideration for any such payment;
(f) With respect to any person on whose behalf any part of the offering is to
be made in a nonissuer distribution, the name and address, the amount of securities of the issuer held as of the date of the filing of the registration statement, a description of any material interest in any material transaction with the issuer or any significant subsidiary effected within the past three years or proposed to be effected, and a statement of the person's reasons for making the offering;
(g) The capitalization and long-term debt on both a current and pro forma
basis of the issuer, including a description of each security outstanding or being registered or otherwise offered, and a statement of the amount and kind of consideration whether in the form of cash, physical assets, services, patents, goodwill, or anything else for which the issuer or any subsidiary has issued any of its securities within the past two years or is obligated to issue any of its securities;
(h) The kind and amount of securities to be offered; the proposed offering
price or the method by which it is to be computed; any variation therefrom at which any proportion is to be made to any person or class of persons, other than the underwriters, with a specification of any such person or class; the basis upon which the offering is to be made if otherwise than for cash; the estimated aggregate underwriting and selling discounts or commissions and finders' fees including separately cash, securities, contracts, or anything else of value to accrue to the underwriters or finders in connection with the offering or, if the selling discounts or commissions are variable, the basis of determining them and their maximum and minimum amounts; the estimated amounts of other selling expenses, including legal, engineering, and accounting charges; the name and address of every underwriter and every recipient of a finder's fee; a copy of any underwriting or selling group agreement pursuant to which the distribution is to be made, or the proposed form of any such agreement whose terms have not yet been determined; and a description of the plan of distribution of any securities which are to be offered otherwise than through an underwriter;
(i) The estimated cash proceeds to be received by the issuer from the
offering; the purposes for which the proceeds are to be used by the issuer; the amount to be used for each purpose; the order or priority in which the proceeds will be used for the purposes stated; and the amounts of any funds to be raised; and, if any part of the proceeds is to be used to acquire any property including goodwill otherwise than in the ordinary course of business, the names and addresses of the vendors, the purchase price, and the names of any persons who have received commissions in connection with the acquisition, and the amounts of any such commissions and any other expenses in connection with the acquisition including the cost of borrowing money to finance the acquisition;
(j) A description of any stock options or other security options outstanding or
to be created in connection with the offering, together with the amount of any such options held or to be held by every person required to be named in paragraph (b), (d), (e), (f), or (h) of this subsection (2) and by any person who holds or will hold ten percent or more in the aggregate of any such options;
(k) The date of, parties to, and general effect concisely stated of every
management or other material contract made or to be made otherwise than in the ordinary course of business if it is to be performed in whole or in part at or after the filing of the registration statement or was made within the past two years, together with a copy of every such contract, and a description of any pending litigation or proceeding to which the issuer is a party and which materially affects its business or assets including any litigation or proceeding known to be contemplated by governmental authorities;
(l) A copy of any prospectus, pamphlet, circular, form letter, advertisement,
or other sales literature intended as of its effective date to be used in connection with the offering;
(m) A specimen or copy of the security being registered, a copy of the
issuer's articles of incorporation and bylaws, or their substantial equivalents, as currently in effect, and a copy of any indenture or other instrument covering the security to be registered;
(n) A signed or conformed copy of an opinion of counsel as to the legality of
the security being registered, which shall state whether the security when sold will be legally issued, fully paid, and nonassessable and, if a debt security, a binding obligation of the issuer;
(o) The written consent of any accountant, engineer, appraiser, or other
person whose profession gives authority to a statement made by him, if any such person is named as having prepared or certified a report or valuation other than a public and official document or statement which is used in connection with the registration statement;
(p) The balance sheet of the issuer as of a date within four months prior to
the filing of the registration statement; a profit and loss statement and analysis of surplus for each of the three fiscal years preceding the date of the balance sheet and for any period between the close of the last fiscal year and the date of the balance sheet, or for the period of the issuer's and any predecessor's existence if less than three years; and, if any part of the proceeds of the offering is to be applied to the purchase of any business, the same financial statements which would be required if that business were the registrant; and
(q) Such additional information as the securities commissioner requires by
rule or order and as is required for full and fair disclosure respecting the investment offered.
(3) A registration statement under this section becomes effective when the
securities commissioner so orders or twenty-eight calendar days from the date of filing if the securities commissioner does not request changes in the registration statement or if the registration statement is not subject to a stop order under section 11-51-306.
(4) The securities commissioner may, by rule or order, require as a condition
of registration under this section that an offering circular containing any designated part of the information specified in subsection (2) of this section be sent or given to each person to whom an offer is made before or concurrently with: The first written offer made to such person otherwise than by means of a public advertisement by or for the account of the issuer or any other person on whose behalf the offering is being made or by any broker-dealer or underwriter who is offering part of an unsold allotment or subscription taken as a participant in the distribution; the confirmation of any sale made by or for the account of any person; or a payment made pursuant to any such sale or the delivery of the security pursuant to any such sale, whichever first occurs.
(5) The date of filing shall be the date that the registration statement or an
amendment to the registration statement is received by the securities commissioner.
(6) The securities commissioner shall by rule prescribe a limited offering
registration procedure for any offering of securities by an issuer if the issuer has its principal office and the majority of its full-time employees in Colorado; if the issuer provides in its offering document that at least eighty percent of the net proceeds from the offering will be used in connection with the operations of such issuer in this state; if the gross proceeds from such offering of securities and any other offering of securities will not exceed five million dollars within any twelve-month period; and if the registration statement and offering documents for such limited offering contain the following:
(a) With respect to the issuer, its principal business address, and its form,
state or foreign jurisdiction, and date of its organization;
(b) The general character and location of its business and a description of its
physical properties and equipment;
(c) The name and address of every officer and director of the issuer and of
every person occupying a similar status or performing similar functions, and for each such person, a brief description of their business experience within the last five years, a description of any transaction during the preceding year or any proposed transaction between any such persons and the issuer, and a description of any of the following events occurring within the last five years that are material to an evaluation of the offering:
(I) The filing of a petition in bankruptcy by or against, or the filing of a
receivership action against, any such person personally or by or against any entity for which they served as officer, director, or in a similar status or function;
(II) Any conviction of any such person in a criminal proceeding, or the filing of
any indictment, information, or criminal complaint against any such person (excluding traffic violations and other minor offenses); and
(III) Any order, judgment, or decree, not subsequently reversed, suspended,
or vacated, against any such person entered by a court of competent jurisdiction or any federal or state regulatory authority involving the violation by such person of any federal or state securities law or in connection with any matter material to the offering, the issuer, or its business;
(d) The principal factors contributing to the risks of the enterprise, including,
when applicable, the absence of an operating history of the issuer, the absence of profitable operations in recent periods, the nature of the business or proposed business in which the issuer will engage, and the absence of any previous market for the securities of the issuer;
(e) The amount of authorized and issued securities of the issuer;
(f) The kind and amount of securities to be offered, the proposed offering
price, and the minimum and maximum amounts that will be raised in the offering;
(g) The name, address, and amount of compensation of any underwriter or
broker-dealer to receive compensation in connection with the offering;
(h) The estimated proceeds to be received by the issuer from the offering
and the purposes for which such proceeds are to be used;
(i) An unaudited balance sheet as of a date within four months of the filing of
the registration statement and an unaudited profit and loss statement and analysis of surplus for the most recent fiscal year of the issuer and for any period between the close of the last fiscal year and the date of the balance sheet, or for the period of the issuer's existence if less than one year; and
(j) The following legend prominently stated on the cover page of the offering
document:
THESE SECURITIES ARE OFFERED PURSUANT TO A LIMITED OFFERING
REGISTRATION WITH THE COLORADO DIVISION OF SECURITIES. THESE SECURITIES HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE COLORADO DIVISION OF SECURITIES NOR HAS THE DIVISION PASSED UPON THE ACCURACY OR ADEQUACY OF THIS OFFERING DOCUMENT. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE.
THE STATE OF COLORADO HAS INSTITUTED THIS LIMITED OFFERING
REGISTRATION PROCEDURE IN AN EFFORT TO SIMPLIFY AND EXPEDITE THE SMALL BUSINESS CAPITAL FORMATION PROCESS. INVESTORS ARE ENCOURAGED TO ASK QUESTIONS OF AND SEEK ADDITIONAL INFORMATION FROM THE ISSUER AND UNDERWRITER OF THESE SECURITIES.
(7) In the case of a registration by qualification under subsection (6) of this
section, the securities commissioner may not require as a condition of registration under section 11-51-302 (5) that any of the gross proceeds from the sale of the registered security be held in escrow in the case of an offering underwritten by a broker-dealer registered under the federal Securities Exchange Act of 1934, or that more than thirty-five percent of the gross proceeds from the sale of the registered security be held in escrow in the case of an offering not underwritten by such a broker-dealer.
(8) A registration statement under subsection (6) of this section becomes
effective when the securities commissioner so orders or fourteen calendar days from the date of the filing if the securities commissioner does not request changes in the registration statement or if the registration statement is not subject to a stop order under section 11-51-306.
Source: L. 90: Entire article R&RE, p. 710, � 1, effective July 1. L. 2014: IP(6)
amended, (HB 14-1079), ch. 72, p. 302, � 1, effective August 6.
Editor's note: This section is similar to former � 11-51-109 as it existed prior to
1990.
Cross references: For the Securities Exchange Act of 1934, see Pub.L. 73-291, codified at 15 U.S.C. � 78a et seq.
C.R.S. § 11-59-108
11-59-108. Registration of bonds. (1) An issuance of bonds may be registered by a district under this article.
(2) An application for registration of bonds under this section shall contain
full and fair disclosure of all material facts respecting the bonds offered, including the following information, shall state the title of the bonds and the number and amount being registered under this article, and shall be accompanied by the following documents:
(a) The most recent district audit report;
(b) Engineering and architectural reports which describe the cost and
location of improvements in the district;
(c) Copies of intergovernmental agreements, construction contracts, and
competitive bids which disclose the material elements of any proposed project to be financed by the proceeds of the offering, if available;
(d) Copies of signed agreements, if available, with persons building or
developing improvements in the district which are to be owned, managed, leased, or sold by such persons;
(e) Copies of agreements, if any, with the owners of major parcels of vacant
or undeveloped land in the district which disclose development fees or other payments to be made to support the proposed bonds while the district is being developed in accordance with the service plan;
(f) Recently audited financial statements of persons building or developing
improvements in the district for contracts in excess of fifty thousand dollars;
(g) In a special district, copies of the service plan and any amendments
thereto and copies of all reports required by law to be filed with the county or counties wherein the special district is located and, where appropriate, evidence of compliance with any other requirement of law imposed on special districts issuing bonds; and
(h) Such additional information as the securities commissioner requires by
rule or order and as is required for full and fair disclosure respecting the bonds offered.
(3) A registration application under this section becomes effective when the
securities commissioner so orders, if the application is not subject to a stop order under section 11-59-109. In the case of an order of effectiveness, the securities commissioner shall include in such order a list of the documents reviewed in connection with the application for registration.
(4) The date of filing shall be the date that the application for registration or
an amendment to the application is received by the securities commissioner.
(5) Districts are subject to the open meetings law under part 4 of article 6 of
title 24, C.R.S., and the open records law under article 72 of title 24, C.R.S.
Source: L. 91: Entire article added, p. 2412, � 1, effective January 1, 1992. L.
95: (5) amended, p. 1093, � 5, effective May 31.
C.R.S. § 12-115-103
12-115-103. Definitions. As used in this article 115, unless the context otherwise requires:
(1) Apprentice means a person who is required to be registered as such
under section 12-115-115 (3)(a), who is in compliance with the provisions of this article 115, and who is working at the trade in the employment of a registered electrical contractor and is under the direct supervision of a licensed master electrician, journeyman electrician, or residential wireman.
(2) Board means the state electrical board created in section 12-115-104.
(2.5) Direct supervision means that the supervising licensed master
electrician, journeyman electrician, residential wireman, or photovoltaic installer is physically present at the same physical address where the apprentice is working.
(3) Electric light, heat, and power means the standard types of electricity
that are regulated in accordance with the national electrical code, excluding chapter 8, communications systems.
(4) Electrical contractor means any person, firm, copartnership,
corporation, association, or combination thereof that undertakes or offers to undertake for another the planning, laying out, supervising, and installing or the making of additions, alterations, and repairs in the installation of wiring apparatus and equipment for electric light, heat, and power. A licensed professional engineer who plans or designs electrical installation shall not be classed as an electrical contractor.
(5) Electrical work means wiring for, installing, and repairing electrical
apparatus and equipment for electric light, heat, and power.
(6) Journeyman electrician means a person having the necessary
qualifications, training, experience, and technical knowledge to wire for, install, and repair electrical apparatus and equipment for electric light, heat, and power, and for other purposes, in accordance with standard rules governing the work.
(7) Master electrician means a person having the necessary qualifications,
training, experience, and technical knowledge to properly plan, lay out, and supervise the installation and repair of wiring apparatus and equipment for electric light, heat, and power, and for other purposes, in accordance with standard rules governing the work, such as the national electrical code.
(7.5) NABCEP means the North American Board of Certified Energy
Practitioners.
(7.7) NABCEP PV installation professional means an individual who is
certified by the NABCEP to install photovoltaic systems.
(8) National electrical code means the code for the safe installation of
electrical wiring and equipment, as amended, published by the National Fire Protection Association and approved by the American National Standards Institute, or successor organizations.
(9) Permanent state highway tunnel facilities means all permanent state
highway tunnels, shafts, ventilation systems, and structures and includes all structures, materials, and equipment appurtenant to the facilities. The term includes all electrical equipment, materials, and systems to be constructed, furnished, and installed as part of the final construction features specified by the applicable contract plans and specifications or by the national electrical code. For the purposes of this article 115 and article 20 of title 34, permanent state highway tunnel facilities shall be deemed to be mines during the construction of the facilities.
(9.3) Photovoltaic installer has the meaning set forth in section 40-2-128
(2)(a.5).
(9.5) PV installation training means training concerning photovoltaic
systems installation practices described in the PV Installation Professional Job Task Analysis document published by the NABCEP.
(10) Qualified state institution of higher education means:
(a) One of the state institutions of higher education established under,
specified in, and located upon the campuses described in sections 23-20-101 (1)(a) and 23-31-101, limited to the buildings owned or leased by those institutions on the campuses;
(b) The institution whose campus is established under and specified in
section 23-20-101 (1)(b), but limited to the buildings located in Denver at 1380 Lawrence street, 1250 Fourteenth street, and 1475 Lawrence street; and
(c) The institution whose campus is established under and specified in
section 23-20-101 (1)(d), but limited to current and future buildings owned, leased, or built on land owned on or before January 1, 2015, by the university of Colorado on the campus described in section 23-20-101 (1)(d).
(11) Residential wireman means a person having the necessary
qualifications, training, experience, and technical knowledge to wire for, and install, electrical apparatus and equipment for wiring one-, two-, three-, and four-family dwellings.
(12) Supervision means the management of a project to ensure that work
on the project is done correctly and according to the law.
(13) Tiny home has the meaning set forth in section 24-32-3302 (35).
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
843, � 1, effective October 1; (2.5) and (12) added and (3) amended, (SB 19-156), ch. 346, p. 3203, � 10, effective October 1. L. 2022: (13) added, (HB 22-1242), ch. 172, p. 1136, � 27, effective August 10. L. 2025: (2.5) and (3) amended and (7.5), (7.7), (9.3), and (9.5) added, (SB 25-165), ch. 370, p. 1996, � 1, effective August 6.
Editor's note: (1) This section is similar to former � 12-23-101 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-156.
Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019.
C.R.S. § 12-115-107
12-115-107. Board powers and duties - rules - definitions. (1) (a) The board, annually in the month of July, shall elect from its membership a chair and vice-chair. The board shall meet at least annually and at such other times as it deems necessary.
(b) A majority of the board shall constitute a quorum for the transaction of
all business.
(2) In addition to all other powers and duties conferred or imposed upon the
board by this article 115, the board is authorized to:
(a) (I) Adopt, and from time to time revise, rules pursuant to section 12-20-204. In adopting the rules, the board shall be governed when appropriate by the
standards in the most current edition of the national electrical code or by any modifications to the standards made by the board after a hearing is held pursuant to the provisions of article 4 of title 24. These standards are adopted as the minimum standards governing the planning, laying out, and installing or the making of additions, alterations, and repairs in the installation of wiring apparatus and equipment for electric light, heat, and power in this state. A copy of the code shall be kept in the office of the board and open to public inspection. Nothing contained in this section prohibits any city, town, county, city and county, or qualified state institution of higher education from making and enforcing any such standards that are more stringent than the minimum standards adopted by the board, and any city, town, county, city and county, or qualified state institution of higher education that adopts more stringent standards shall furnish a copy thereof to the board. The standards adopted by the board shall be prima facie evidence of minimum approved methods of construction for safety to life and property. The affirmative vote of two-thirds of all appointed members of the board is required to set any standards that are different from those set forth in the national electrical code. If requested in writing, the board shall send a copy of newly adopted standards and rules to any interested party at least thirty days before the implementation and enforcement of the standards or rules. The copies may be furnished for a fee established pursuant to section 12-20-105.
(II) In the event of a conflict between the 2021 international energy
conservation code, the 2024 international energy conservation code, the model electric ready and solar ready code developed by the energy code board pursuant to section 24-38.5-401 (5), or any energy codes adopted by either a local government or divisions in the executive branch of state government and the national electrical code or the standards adopted by the board pursuant to this subsection (2)(a), the national electrical code or the standards adopted by the board pursuant to this subsection (2)(a) prevail.
(b) Register apprentices and register and renew the registration of qualified
electrical contractors and examine, license, and renew licenses of journeymen electricians, master electricians, and residential wiremen as provided in this article 115;
(c) Cause the prosecution and enjoinder, in accordance with section 12-20-406, of all persons violating this article 115 and incur necessary expenses therefor;
(d) Inspect and approve or disapprove the installation of electrical wiring,
renewable energy systems, apparatus, or equipment for electric light, heat, and power according to the minimum standards in the national electrical code or as prescribed in this article 115. With respect to:
(I) An inverter-based hydroelectric energy facility generating one hundred
kilowatts or less, regardless of whether the facility is connected to utility or other distribution lines, an inspector shall inspect a hydroelectric energy installation in accordance with the minimum standards set forth in the edition of the national electrical code in effect on May 29, 2015; however, if a micro hydro assembly manufactured for the purpose of generating electricity in a micro hydro system uses an inverter that is listed and identified for interconnection service, the inspector shall deem the system's equipment compliant with section 705.4 of the edition of the national electrical code in effect on May 29, 2015. For purposes of this subsection (2)(d), a micro hydro system means a hydroelectric generation system that generates one hundred kilowatts or less.
(II) An induction-based hydroelectric energy facility generating one hundred
kilowatts or less, regardless of whether the facility is connected to utility or other distribution lines, the installation of a hydroelectric energy turbine, induction generator, and control panel shall be certified:
(A) To a listing standard by a field evaluation body or nationally recognized
testing laboratory; or
(B) By a professional engineer, by means of signing and stamping
documentation of the project, as required in a form and manner determined by the board, indicating that the installation meets design criteria set forth in the Institute of Electrical and Electronics Engineers' (IEEE) standard for interconnecting distributed resources with electric power systems.
(e) Apply any hydroelectric energy provisions of an updated national
electrical code, notwithstanding any provision in subsection (2)(d) of this section to the contrary, if the national electrical code is updated to address hydroelectric energy specifically;
(f) (I) Regulate a licensed master electrician, journeyman electrician,
residential wireman, or photovoltaic installer who, acting within their scope of competence, supervises a solar photovoltaic installation pursuant to section 40-2-128.
(II) All photovoltaic electrical work for installations of at least three hundred
kilowatts, including the interconnection of the modules, grounding of the modules, any balance of system wiring, and the customer-side point of connection to the utility grid, must:
(A) Be performed by a licensed master electrician, a licensed journeyman
electrician, a licensed residential wireman, or properly supervised electrical apprentices; and
(B) Comply with all applicable requirements of this article 115, including
sections 12-115-109 and 12-115-115, and all applicable rules of the board.
(III) Only an electrical contractor or a photovoltaic installer may perform or
offer to perform photovoltaic electrical work for installations of less than three hundred kilowatts.
(f.5) Regulate photovoltaic electrical work for installations of less than three
hundred kilowatts performed in accordance with section 40-2-128;
(g) Review and approve or disapprove requests for exceptions to the national
electrical code in unique construction situations where a strict interpretation of the code would result in unreasonable operational conditions or unreasonable economic burdens, as long as public safety is not compromised;
(h) Conduct investigations and hearings and gather evidence in accordance
with the provisions of sections 12-20-403 and 24-4-105;
(i) Enter into reciprocal licensing agreements with the electrical board, or its
equivalent, of another state or states where the qualifications for electrical licensing are substantially equivalent to licensure requirements in Colorado;
(j) Find, upon holding a hearing, that an incorporated town or city, county,
city and county, or qualified state institution of higher education fails to meet the minimum requirements of this article 115 if the local inspection authority, including a qualified state institution of higher education, has failed to adopt or adhere to the minimum standards required by this article 115 within twelve months after the board has adopted the standards by rule pursuant to this subsection (2);
(k) Issue an order to cease and desist from issuing permits or performing
inspections under this article 115 to an incorporated town or city, county, city and county, or qualified state institution of higher education upon finding that the public entity or qualified state institution of higher education fails to meet the minimum requirements of this article 115 pursuant to subsection (2)(j) of this section;
(l) Apply to a court to enjoin an incorporated town or city, county, city and
county, or qualified state institution of higher education from violating an order issued pursuant to subsection (2)(k) of this section.
(3) (a) No later than September 1, 2023, the board shall promulgate rules
requiring that, to obtain an electrical permit under this article 115 on or after March 1, 2024, a permit applicant must comply with the EV power transfer infrastructure requirements for multifamily buildings in the model electric ready and solar ready code.
(b) (I) If the rules adopted in accordance with this subsection (3) conflict with
a provision of the building or zoning code, the rules prevail unless the provision provides for greater access to parking supplied by EV power transfer infrastructure than is required by the rules.
(II) If a provision of a local building or zoning code prevents a project or
development from complying with the rules adopted in accordance with this subsection (3), then the rules prevail.
(c) (I) This subsection (3) applies to electrical permits for new construction of
or for major renovations of multifamily buildings that must comply with the EV power transfer infrastructure requirements of the model electric ready and solar ready code.
(II) The board and the department shall not enforce the rules promulgated
under subsection (3)(a) of this section before March 1, 2024.
(III) If an electrical permit application is submitted to a local electrical
inspection authority before the enforcement date in subsection (3)(c)(II) of this section but an electrical permit has not yet been issued, the local electrical inspection authority may determine how to apply the requirements of the rules developed in accordance with subsection (3)(a) of this section.
(IV) If a site development plan application is submitted to a local government
and has been approved by March 1, 2024, the local government may determine how to apply the requirements of the rules developed in accordance with subsection (3)(a) of this section.
(d) (I) In promulgating the rules required under subsection (3)(a) of this
section, the board shall ensure all requirements adopted in the rules are in compliance with the requirements of the national electrical code, as amended under subsection (2)(a)(I) of this section.
(II) Within ninety days after any update made by the energy code board to
the EV power transfer infrastructure requirements for multifamily housing in the model electric ready and solar ready code, the board shall update the rules promulgated under subsection (3)(a) of this section with the same changes. The board shall not enforce the updated rules until two hundred seventy days after the updated rules are adopted.
(III) The rules promulgated under subsection (3)(a) of this section do not
supersede or preempt the safety requirements of other building codes, whether promulgated by an agency of the state of Colorado or of a local government.
(e) Any installations or upgrades performed in accordance with the rules
promulgated under this subsection (3) on the load side of the utility meter must comply with this article 115, including subsection (2)(a) of this section, which requires compliance with the national electrical code, and sections 12-115-109 and 12-115-115, and all rules of the board.
(f) For all electric vehicle infrastructure or charging stations owned by an
electric utility, the utility shall comply with section 40-5-107 (3)(b).
(g) As used in this subsection (3) and in subsection (4) of this section:
(I) Electric vehicle charging system has the meaning set forth in section
38-12-601 (6)(a).
(II) EV power transfer infrastructure means any system that is used to
charge electric vehicles and that is addressed in or required by the model electric ready and solar ready code.
(III) Major renovations means renovations that change a minimum of fifty
percent or more of the parking area.
(IV) Model electric ready and solar ready code means the code developed
by the energy code board under section 24-38.5-401 (5)(a) to make buildings electric ready as specified in section 24-38.5-401 (5)(b).
(4) (a) Notwithstanding any authority granted to the board by this section,
the board shall not promulgate rules prohibiting the installation of electric vehicle charging systems unless the rules are narrowly drafted to address a bona fide safety concern.
(b) Any rule promulgated by the board that prohibits the installation of
electric vehicle charging systems is subject to judicial review as authorized in article 4 of title 24.
(5) (a) Notwithstanding any authority granted to the board by this section
and after rules are adopted by the state housing board pursuant to section 24-32-3304 (1)(h)(III), the board does not have jurisdiction over and the rules of the board do not apply to activity required to undertake or complete the construction or installation of a factory-built structure, as defined in section 24-32-3302 (11).
(b) Electrical installations that connect these structures to external utility
sources and that are not considered actions to complete the installation of a factory-built structure as required by a registered installer must be completed by a licensed electrician under a registered electrical contractor.
(c) The inspection and inspectors of these installations, other than those
authorized to be performed by a registered installer, are regulated in this article 115 and must be performed by licensed electrical inspectors.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
846, � 1, effective October 1; (2)(f) amended, (HB 19-1003), ch. 360, p. 3339, � 4, effective October 1. L. 2022: (2)(a) amended, (HB 22-1362), ch. 301, p. 2178, � 2, effective June 2. L. 2023: (3) and (4) added, (HB 23-1233), ch. 245, p. 1317, � 2, effective May 23. L. 2025: (5) added, (SB 25-002), ch. 172, p. 713, � 3, effective May 8; (2)(f) amended (2)(f.5) added, (SB 25-165), ch. 370, p. 2000, � 5, effective August 6.
Editor's note: (1) This section is similar to former � 12-23-104 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in HB 19-1003.
Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1003, chapter 360, Session Laws of Colorado 2019.
Cross references: For the legislative declaration in HB 23-1233, see section 1
of chapter 245, Session Laws of Colorado 2023. For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.
C.R.S. § 12-115-110
12-115-110. License requirements - rules - continuing education - photovoltaic installer registration - repeal. (1) Master electrician. (a) An applicant for a master electrician's license shall furnish written evidence that:
(I) The applicant is a graduate electrical engineer of an accredited college or
university and has one year of practical electrical experience in the construction industry;
(II) The applicant is a graduate of an electrical trade school or community
college and has at least four years of practical experience in electrical work; or
(III) The applicant has had at least one year of practical experience in
planning, laying out, supervising, and installing wiring, apparatus, or equipment for electric light, heat, and power beyond the practical experience requirements for the journeyman's license.
(b) Each applicant for a license as a master electrician must file an
application on forms prepared and furnished by the board, together with the application fee provided in section 12-115-117 (1). The board shall notify each applicant that the evidence submitted with the application is sufficient to qualify the applicant for licensure or that the evidence is insufficient and the application is rejected. If the application is rejected, the board shall set forth the reasons for the rejection in the notice to the applicant.
(2) Journeyman electrician. (a) An applicant for a journeyman electrician's
license shall furnish written evidence that the applicant has had the following:
(I) Eight thousand hours over a period of at least four years' apprenticeship
in the electrical trade or eight thousand hours over a period of at least four years' practical experience in wiring for, installing, and repairing electrical apparatus and equipment for electric light, heat, and power;
(II) Two thousand hours over a period of at least two years of the applicant's
experience required by subsection (2)(a)(I) of this section has been in commercial, industrial, or substantially similar work; and
(III) During the last eight years of the applicant's training, apprenticeship, or
practical experience in wiring for, installing, and repairing electrical apparatus and equipment for electric light, heat, and power, completion of at least two hundred eighty-eight hours of training in safety, the national electrical code and its applications, and any other training required by the board that is provided by an accredited college or university, an established industry training program, or any other provider whose training is conducted in compliance with rules adopted by the board, in collaboration with established industry training programs and industry representatives. The board may grant an applicant credit toward the training requirement in this subsection (2)(a)(III) for training that occurred before the last eight years of the applicant's training, apprenticeship, or practical experience if the applicant provides proof of completion of no less than four hours of additional training on the current or immediately previous edition of the national electrical code or the standards adopted by the board pursuant to section 12-115-107 (2)(a).
(b) An applicant may substitute for required practical experience evidence of
academic training or practical experience in the electrical field, which is credited as follows:
(I) If the applicant is a graduate electrical engineer of an accredited college
or university or the graduate of a community college or trade school program approved by the board, the applicant shall receive one year of work experience credit.
(II) If the applicant has academic training, including military training or PV
installation training, that does not qualify under subsection (2)(b)(I) of this section, the board may provide work experience credit for the training or for substantially similar training established by rule.
(c) Any application for a license and notice to the applicant shall be made
and given as provided for in the case of a master electrician's license.
(3) Residential wireman. (a) An applicant for a residential wireman's license
shall furnish written evidence that the applicant has at least two years of accredited training or four thousand hours over a period of at least two years of practical experience in wiring one-, two-, three-, and four-family dwellings.
(b) An applicant may substitute for required practical experience evidence of
academic training in the electrical field, which is credited as follows:
(I) If the applicant is a graduate electrical engineer of an accredited college
or university or the graduate of a community college or trade school program approved by the board, the applicant shall receive one year of work experience credit.
(II) If the applicant has academic training, including military training or PV
installation training, that is not sufficient to qualify under subsection (3)(b)(I) of this section, the board may provide work experience credit for the training according to a uniform ratio established by rule.
(c) Any residential wireman's license issued under this section shall be
clearly marked as such across its face.
(4) (a) The board shall provide for licensing examinations. Any examination
that is given for master electricians, journeymen electricians, and residential wiremen shall be subject to board approval. The board, or its designee, shall conduct and grade the examination and shall set the passing score to reflect a minimum level of competency. If it is determined that the applicant has passed the examination, the division, upon written notice from the board or the program director, acting as an agent thereof, and upon payment by the applicant of the fee provided in section 12-115-117, shall issue to the applicant a license that authorizes him or her to engage in the business, trade, or calling of a master electrician, journeyman electrician, or residential wireman.
(b) All license and registration expiration and renewal schedules shall be in
accord with the provisions of section 12-20-202. Fees in regard to such renewals shall be those set forth in section 12-115-117.
(c) Licenses issued pursuant to this article 115 are subject to the renewal,
expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license has expired shall be subject to the penalties provided in this article 115 or section 12-20-202 (1).
(d) (I) (A) Except as otherwise provided in subsection (4)(d)(I)(B) of this
section, on or after January 1, 2018, the department shall not renew or reinstate a license unless the applicant has completed twenty-four hours of continuing education since the date of issuance of the applicant's initial license or, if the applicant's license was renewed or reinstated, the most recent renewal or reinstatement.
(B) Subsection (4)(d)(I)(A) of this section does not apply to the first renewal
or reinstatement of a license for which, as a condition of issuance, the applicant successfully completed a licensing examination pursuant to subsection (4)(a) of this section.
(II) On or before April 1, 2017, the board, in collaboration with established
industry training programs and industry representatives, shall adopt rules establishing continuing education requirements and standards, which requirements and standards must include course work related to the national electrical code, including core competencies as determined by the board. A renewal or reinstatement license applicant shall furnish or cause to be furnished to the board, in a form and manner required by the board, documentation to demonstrate compliance with this subsection (4)(d)(II) and rules promulgated pursuant to this subsection (4)(d)(II). To ensure consumer protection, the board's rules may include audit standards for licensee compliance with continuing education requirements and requirements pertaining to the testing of licensees by the continuing education vendor.
(5) (a) No person, firm, copartnership, association, or combination thereof
shall engage in the business of an electrical contractor without having first registered with the board. The board shall register the contractor upon payment of the fee as provided in section 12-115-117, presentation of evidence that the applicant has complied with the applicable workers' compensation and unemployment compensation laws of this state, and satisfaction of the requirements of subsection (5)(b) or (5)(c) of this section.
(b) If either the owner or the part owner of any firm, copartnership,
corporation, association, or combination thereof has been issued a master electrician's license by the division and is in charge of the supervision of all electrical work performed by the contractor, upon written notice from the board or the program director, acting as the agent thereof, the division shall promptly, upon payment of the fee as provided in section 12-115-117, register the licensee as an electrical contractor.
(c) If any person, firm, copartnership, corporation, association, or
combination thereof engages in the business of an electrical contractor and does not comply with subsection (5)(b) of this section, it shall employ at least one licensed master electrician, who shall be in charge of the supervision of all electrical work performed by the contractor.
(d) No holder of a master's license shall be named as the master electrician,
under subsection (5)(b) or (5)(c) of this section, for more than one contractor, and a master name shall be actively engaged in a full-time capacity with that contracting company. The qualifying master license holder shall be required to notify the board within fifteen days after his or her termination as a qualifying master license holder. The master license holder is responsible for all electrical work performed by the electrical contracting company. Failure to comply with a notification may lead to discipline of the master license holder as provided in section 12-115-122.
(6) (a) For the purposes of subsections (2)(a)(I) and (3)(a) of this section, in
addition to other means of earning practical experience, an applicant earns practical experience by working:
(I) Two thousand hours as a NABCEP PV installation professional working for
or working as a photovoltaic installer;
(II) Up to two thousand hours of practical experience working under the
supervision of a NABCEP PV installation professional working for or working as a photovoltaic installer, so long as the supervising NABCEP PV installation professional provides proof of the applicant's employment and an affidavit attesting that the applicant earned the hours working under the supervision of a NABCEP PV installation professional; or
(III) Up to four thousand hours as a NABCEP PV installation professional
working for or working as a photovoltaic installer if the applicant submits additional documentation to the board, including payroll records, work orders, project descriptions, or other relevant materials that document significant solar industry work that qualifies as electrical hours. The board shall review the documentation and determine how many hours of practical experience the applicant earns beyond the two thousand hours permitted by subsection (6)(a)(I) of this section.
(b) For every two hours that an applicant works as described in subsection
(6)(a)(II) or (6)(a)(III) of this section, the applicant earns one hour for the purposes of subsection (2)(a)(I) or (3)(a) of this section.
(7) (a) A contractor that is operating as of September 1, 2025, and that
performs work as a photovoltaic installer pursuant to section 40-2-128 with at least one NABCEP-certified employee shall register as a photovoltaic installer with the board on or before December 31, 2026; except that a contractor may register with the board during a sixty-day grace period in accordance with section 12-20-202 (1)(e).
(b) A contractor registering as a photovoltaic installer pursuant to this
subsection (7) shall designate an agent or agents for the purpose of registration with the board.
(c) If none of the agents designated pursuant to subsection (7)(b) of this
section are affiliated with the contractor:
(I) The contractor's registration as a photovoltaic installer with the board is
invalid; and
(II) The contractor's registration is ineligible for reinstatement.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
849, � 1, effective October 1; (1)(b) amended, (SB 19-156), ch. 346, p. 3204, � 13, effective October 1. L. 2025: (2)(a), IP(2)(b), (2)(b)(II), (3)(a), IP(3)(b), and (3)(b)(II) amended and (6) and (7) added, (SB 25-165), ch. 370, p. 1997, � 2, effective August 6.
Editor's note: (1) This section is similar to former � 12-23-106 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-156.
Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019.
C.R.S. § 12-115-124
12-115-124. Judicial review. Section 12-20-408 governs judicial review of all final actions and orders of the board.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
870, � 1, effective October 1.
Editor's note: This section is similar to former � 12-23-120 as it existed prior
to 2019.
ARTICLE 120
Engineers, Surveyors, and Architects
Editor's note: This title 12 was repealed and reenacted, with relocations, in
-
This article 120 was numbered as article 25 of this title 12 prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-table.pdf.
Cross references: For the responsibilities of engineers and architects concerning the obtaining of underground facilities information prior to excavation, see � 9-1.5-103; for the statute of limitations for actions against engineers and architects, see � 13-80-104; for the statute of limitations for actions against land surveyors, see � 13-80-105; for provisions regarding geology and the definition of professional geologist, see part 2 of article 41 of title 23; for surveys and boundaries, see articles 50 to 53 of title 38; for public policy concerning accurate land boundaries and public records relating thereto, see � 38-53-101.
PART 1
GENERAL PROVISIONS
C.R.S. § 12-120-102
12-120-102. Definitions. As used in this article 120, unless the context otherwise requires:
(1) Board means the state board of licensure for architects, professional
engineers, and professional land surveyors, created in section 12-120-103.
(2) Surveyor quorum of the board means not less than the three
professional land surveyor members of the board and one of the nonengineering, non-land surveyor members of the board.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
870, � 1, effective October 1.
Editor's note: Subsection (1) is similar to former �� 12-25-102 (1), 12-25-202
(1.5), and 12-25-302 (2); and subsection (2) is similar to former � 12-25-202 (12), as those sections existed prior to 2019.
C.R.S. § 12-120-103
12-120-103. State board of licensure for architects, professional engineers, and professional land surveyors - creation - composition - appointment of members - terms - meetings - program director and staff - subject to review - repeal of article. (1) Board creation. A state board of licensure for architects, professional engineers, and professional land surveyors is created, the duty of which is to administer this article 120, including the duties and powers specified in section 12-120-104. The state board of licensure for architects, professional engineers, and professional land surveyors is a type 1 entity, as defined in section 24-1-105.
(2) Sunset. This article 120 is repealed, effective September 1, 2033. Before
the repeal, this article 120 is scheduled for review in accordance with section 24-34-104.
(3) Board composition. The board shall consist of thirteen members. Four
members shall be professional engineers, with no more than two of the four engaged in the same discipline of engineering service or practice; three members shall be practicing professional land surveyors; three members shall be practicing licensed architects; and three members shall be citizens of the United States and residents of this state for at least one year who have not practiced architecture, engineering, or land surveying.
(4) (a) Professional engineer members. Each professional engineer member
of the board shall have been licensed as a professional engineer and practicing as such for at least five years.
(b) Professional land surveyor members. (I) Repealed.
(II) A professional land surveyor who is designated as a land surveyor
member of the board shall have been licensed as a land surveyor for at least five years.
(III) Notwithstanding subsection (6) of this section, the board shall have a
surveyor quorum of the board. The surveyor quorum shall advise the board concerning issues relating to land surveyors. The surveyor quorum of the board shall elect or appoint annually a chair, a vice-chair, and a secretary.
(c) Architect members. To be eligible for membership on the board, an
architect shall be:
(I) Repealed.
(II) A licensed architect in the state of Colorado and have practiced
architecture for at least three years prior to the appointment.
(5) Governor appointments. (a) Appointments to the board shall be made by
the governor and shall be made to provide for staggering of terms of members so that not more than three members' terms expire each year. Thereafter appointments shall be for terms of four years. Each board member shall hold office until the expiration of the term for which the member is appointed or until a successor has been duly appointed and qualified. Appointees shall be limited to two full terms. The governor may remove any member of the board for misconduct, incompetence, or neglect of duty.
(b) Appointments of professional land surveyor members. (I) The governor,
in making appointments of professional land surveyors to the board, shall endeavor to select the highest qualified members of the profession willing to serve on the board. Staggered appointments shall be made so that not more than one professional land surveyor member's term expires in any one year, and thereafter appointments shall be for terms of four years each.
(II) In the event of a professional land surveyor vacancy on the board due to
resignation, death, or any cause resulting in an unexpired term, the governor shall fill the vacancy promptly to allow the surveyor quorum of the board to function.
(c) Appointments of architect members. (I) The governor, in making
appointments of architects to the board, shall endeavor to select the most highly qualified members of the profession willing to serve on the board. Staggered appointments shall be made so that not more than one member's term expires in any one year, and thereafter appointments shall be for terms of four years each.
(II) In the event of an architecture vacancy on the board due to resignation,
death, or any cause resulting in an unexpired term, the governor shall fill such vacancy promptly.
(d) Certificate of appointment. Each appointee shall receive a certificate of
appointment from the governor.
(6) The board shall hold at least six regular meetings each year. Special
meetings shall be held at such times as the bylaws of the board may provide. The board shall elect annually a chair, a vice-chair, and a secretary. A quorum of the board shall consist of not less than seven members.
(7) The director of the division shall appoint a program director for the board
and such other personnel as are deemed necessary for the board to perform its statutory duties, pursuant to section 13 of article XII of the state constitution.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
870, � 1, effective October 1. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3394, � 119, effective August 10. L. 2024: (2) and (4)(a) amended and (4)(b)(I) and (4)(c)(I) repealed, (HB 24-1329), ch. 342, p. 2310, � 2, effective August 7.
Editor's note: Subsection (1) is similar to former � 12-25-106 (1); subsection (2)
is similar to former � 12-25-106 (2); subsection (3) is similar to former � 12-25-106 (3); subsection (4)(a) is similar to former � 12-25-106 (4); subsection (4)(b)(I) is similar to former � 12-25-206 (1); subsection (4)(b)(II) is similar to former � 12-25-206 (2); subsection (4)(b)(III) is similar to former � 12-25-206 (3); subsection (4)(c) is similar to former � 12-25-306 (1); subsection (5)(a) is similar to former � 12-25-106 (5); subsection (5)(b)(I) is similar to former � 12-25-206 (4); subsection (5)(b)(II) is similar to former � 12-25-206 (5); subsection (5)(c)(I) is similar to former � 12-25-306 (2); subsection (5)(c)(II) is similar to former � 12-25-306 (3); subsection (5)(d) is similar to former � 12-25-106 (6); subsection (6) is similar to former � 12-25-107 (1)(i); and subsection (7) is similar to former � 12-25-106 (7), as those sections existed prior to 2019.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 12-120-104
12-120-104. Powers and duties of the board and division - rules. (1) General powers and duties. In order to carry into effect the provisions of this article 120, the board shall:
(a) Adopt rules pursuant to section 12-20-204;
(b) In addition to rules adopted pursuant to section 12-20-204, adopt:
(I) Rules for disciplining licensed architects; and
(II) Rules of professional conduct for professional engineers, professional
land surveyors, and architects under the provisions of section 24-4-103. The rules of professional conduct for professional engineers shall be published, and such publication shall constitute due notice to all professional engineers.
(c) Keep a record of its proceedings and of all applications for licensing
under this article 120. The application record for each applicant must include:
(I) Name, age, and residence of the applicant;
(II) Date of application;
(III) Repealed.
(IV) Education of the applicant;
(V) (A) For an applicant for an engineering license, the applicant's
engineering experience;
(B) For an applicant for a land surveyor license, the applicant's surveying and
other applicable experience;
(C) For an applicant for an architect license, the applicant's architecture and
other applicable experience;
(VI) For land surveyor and architect applicants, the type of examination
required;
(VII) Date and type of action taken by the board; and
(VIII) Such other information as may be deemed necessary by the board.
(d) Make available through printed or electronic means the following:
(I) Statutes administered by the board for each of the professions regulated
under this article 120;
(II) A list of the names and addresses of record of all currently licensed
professional engineers, professional land surveyors, and architects;
(III) Rules of the board;
(IV) Such other pertinent information as the board deems necessary; and
(V) The rules of professional conduct adopted pursuant to subsection
(1)(b)(II) of this section; and
(e) Adopt and have an official seal.
(2) Board powers and duties regarding professional engineers. For
purposes of administering part 2 of this article 120 pertaining to the regulation of professional engineers, the board shall:
(a) Provide information to the public regarding the requirements for
compliance with part 2 of this article 120;
(b) Provide for examinations of professional engineer license applicants. The
board shall adopt the appropriate examinations. Examinations must be given as often as practicable. The board shall ensure that the passing score for any examination is set to measure the level of minimum competency. An applicant who fails to pass the prescribed examination may be reexamined.
(c) Participate in the affairs of the National Council of Examiners for
Engineering and Surveying and send a minimum of one delegate to the national meeting annually.
(3) Board powers and duties regarding professional land surveyors - rules.
For purposes of administering part 3 of this article 120 pertaining to the regulation of professional land surveyors, the board shall:
(a) Require each applicant for professional land surveyor licensing to
demonstrate competence by means of examination and education and may require work examples as it deems necessary and sufficient for licensing;
(b) Provide for and administer examinations to applicants for professional
land surveyor licensing to be given as often as practicable. Examinations must be identified only by numbers and anonymously graded. After reviewing and approving the examination results, the board shall record and communicate each examinee's examination results to the examinee. The board shall ensure that the passing score on surveying examinations is set to measure the level of minimum competency. The board shall publish and make available to interested applicants a list of the subjects included in the surveying examinations that are developed by the board, which subjects must be consistent with and related to the various aspects of surveying.
(c) Promulgate rules to establish continuing education requirements for
professional land surveyors as a condition of license renewal.
(4) Board powers and duties regarding architects. For purposes of
administering part 4 of this article 120 pertaining to the regulation of architects, the board is authorized to:
(a) Examine and license duly qualified applicants for architect licensure, and
renew the licenses of duly qualified architects;
(b) Conduct hearings upon complaints concerning the conduct of architects;
(c) Cause the prosecution of all persons violating part 4 of this article 120 by
the district attorney or by the attorney general pursuant to section 12-20-405 (4); and
(d) Require every licensed architect to have a stamp as prescribed by the
board.
(5) Division to employ investigators. The division may employ at least one
investigator qualified to investigate complaints relative to the provisions of part 2 of this article 120 and at least one investigator to investigate complaints relative to the provisions of part 3 of this article 120.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
872, � 1, effective October 1. L. 2024: IP(1)(c), (2)(b), and (3)(a) amended, (1)(c)(III) repealed, and (3)(c) added, (HB 24-1329), ch. 342, p. 2311, � 3, effective August 7.
Editor's note: This section is similar to former �� 12-25-107, 12-25-207, and
12-25-307 as they existed prior to 2019; except that � 12-25-107 (1)(i) was relocated to � 12-120-103 (6).
C.R.S. § 12-120-105
12-120-105. Prior actions. (1) The board shall take over, assume, and continue all actions and requirements regarding engineers from its predecessor, the state board of registration for professional engineers and land surveyors. There shall be no legal discontinuity, and previously licensed engineers and land surveyors shall continue their licensure as professional engineers, professional land surveyors, and architects, respectively.
(2) The name change from the state board of licensure for professional
engineers and professional land surveyors to the state board of licensure for architects, professional engineers, and professional land surveyors shall not be construed to change the entity. There shall be no legal discontinuity, and previously licensed engineers and land surveyors shall continue their licensure as professional engineers or land surveyors, as applicable, and any obligations of the board or of persons to the board shall not be affected by the name change.
(3) Any person holding a valid license to practice architecture in Colorado
before July 1, 2006, shall be licensed under part 4 of this article 120. All official actions of the state board of examiners of architects made or taken before July 1, 2006, are expressly ratified.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
875, � 1, effective October 1.
Editor's note: Subsection (1) is similar to former �� 12-25-119 (1) and 12-25-219 (1); subsection (2) is similar to former �� 12-25-119 (2) and 12-25-219 (2); and
subsection (3) is similar to former � 12-25-319, as those sections existed prior to 2019.
PART 2
ENGINEERS
C.R.S. § 12-120-201
12-120-201. General provisions. In order to safeguard life, health, and property and to promote the public welfare, the practice of engineering is declared to be subject to regulation in the public interest. It shall be deemed that the right to engage in the practice of engineering is a privilege granted by the state through the state board of licensure for architects, professional engineers, and professional land surveyors, created in section 12-120-103; that the profession involves personal skill and presupposes a period of intensive preparation, internship, due examination, and admission; and that a professional engineer's license is solely the professional engineer's own and is nontransferable.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
876, � 1, effective October 1.
Editor's note: This section is similar to former � 12-25-101 as it existed prior
to 2019.
C.R.S. § 12-120-202
12-120-202. Definitions. As used in this part 2, unless the context otherwise requires:
(1) Certificate means the media issued by the board to evidence licensing
of a professional engineer.
(2) Engineer means a person who, by reason of intensive preparation in the
use of mathematics, chemistry, physics, and engineering sciences, including the principles and methods of engineering analysis and design, is qualified to perform engineering work as defined in this part 2.
(3) Engineering means analysis or design work requiring intensive
preparation and experience in the use of mathematics, chemistry, and physics and the engineering sciences.
(4) Engineering experience, in addition to the practice of engineering, may
include:
(a) Up to four years of undergraduate engineering study, as approved by the
board, in mathematics, basic science, engineering science, engineering design, and engineering practice;
(b) Up to two years of graduate engineering study as approved by the board
if the study results in the award of an advanced degree;
(c) Teaching at the instructor level, or at a higher level, of courses in
engineering science, design, or engineering practice at a college or university offering an engineering curriculum of four or more years that is approved by the board or at a college offering courses transferable to a board-approved college. This experience must result from a full-time position in teaching or teaching and research.
(d) Engineering research, including that performed by a teacher at the
instructor level or at a higher level. The research done by the teacher must be part of the teacher's assigned duties in a full-time position in teaching and research.
(5) Engineer-intern means a person who has complied with the
requirements of sections 12-120-210 and 12-120-211 and is duly enrolled as an engineer-intern.
(6) (a) Practice of engineering means the performance for others of any
professional service or creative work requiring engineering education, training, and experience and the application of special knowledge of the mathematical and engineering sciences to such professional services or creative work, including consultation, investigation, evaluation, planning, design, and the observation of construction to evaluate compliance with plans and specifications in connection with the utilization of the forces, energies, and materials of nature in the development, production, and functioning of engineering processes, apparatus, machines, equipment, facilities, structures, buildings, works, or utilities, or any combination or aggregations thereof, employed in or devoted to public or private enterprise or uses.
(b) An individual practices or offers to practice professional engineering
within the meaning and intent of this section if the individual by oral claim, sign, advertisement, letterhead, card, or in any other way represents oneself to be a professional engineer or through the use of any other means implies that the individual is licensed under this part 2 or performs engineering services.
(7) Professional engineer means an engineer duly licensed pursuant to this
part 2.
(8) Responsible charge means personal responsibility for the control and
direction of engineering work within a professional engineer's scope of competence. Experience may only be classified as responsible charge if the engineer is licensed pursuant to this part 2, unless the work involves an activity exempted pursuant to section 12-120-203.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
876, � 1, effective October 1. L. 2024: (6)(b) amended, (HB 24-1329), ch. 342, p. 2316, � 15, effective August 7.
Editor's note: This section is similar to former � 12-25-102 as it existed prior
to 2019; except that � 12-25-102 (1) was relocated to � 12-120-102 (1).
C.R.S. § 12-120-203
12-120-203. Exemptions. (1) Nothing in this part 2 requires licensure as a professional engineer for the following:
(a) Individuals who normally operate and maintain machinery or equipment;
(b) Individuals who perform engineering services for themselves;
(c) Partnerships, professional associations, joint stock companies, limited
liability companies, or corporations, or the employees of any such organizations, who perform engineering services for themselves or their affiliates;
(d) Individuals who perform engineering services under the responsible
charge of a professional engineer;
(e) Work of a strictly agricultural nature that is not required to be of public
record;
(f) Professional land surveying as defined in section 12-120-302 (5);
(g) Individuals who are employed by and perform engineering services solely
for a county, city and county, or municipality;
(h) Individuals who are employed by and perform engineering services solely
for the federal government;
(i) Individuals who practice architecture as defined in section 12-120-402 (5);
(j) Utilities or their employees or contractors when performing services for
another utility during times of natural disasters or emergency situations; or
(k) Individuals who practice landscape architecture as defined in section 12-130-104 (6).
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
877, � 1, effective October 1. L. 2024: IP(1) amended, (HB 24-1329), ch. 342, p. 2312, � 4, effective August 7.
Editor's note: This section is similar to former � 12-25-103 as it existed prior
to 2019.
C.R.S. § 12-120-204
12-120-204. Forms of organizations permitted to practice. A partnership, corporation, limited liability company, joint stock association, or other entity is not eligible for licensure under this part 2. An entity may practice or offer to practice engineering in Colorado only if the individual in responsible charge of the entity's engineering activities performed in Colorado is a professional engineer licensed in Colorado. All engineering documents, plats, and reports issued by or for the entity in connection with engineering work performed in this state must bear the seal and signature of the Colorado-licensed professional engineer who is in responsible charge of and directly responsible for the engineering work.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
878, � 1, effective October 1.
Editor's note: This section is similar to former � 12-25-104 as it existed prior
to 2019.
C.R.S. § 12-120-205
12-120-205. Unlawful practice - penalties - enforcement. (1) It is unlawful for any individual to hold oneself out to the public as a professional engineer unless the individual has complied with this part 2.
(2) It is unlawful for any individual, partnership, professional association,
joint stock company, limited liability company, or corporation to practice, or offer to practice, engineering in this state unless the individual in responsible charge has complied with the provisions of this part 2.
(3) Unless licensed or exempted pursuant to this part 2, it is unlawful for any
individual, partnership, professional association, joint stock company, limited liability company, or corporation to use any of the following titles: Civil engineer, structural engineer, chemical engineer, petroleum engineer, mining engineer, mechanical engineer, or electrical engineer. In addition, unless licensed pursuant to this part 2, it is unlawful for any individual, partnership, professional association, joint stock company, limited liability company, or corporation to use the words engineer, engineered, or engineering in any offer to the public to perform the services set forth in section 12-120-202 (6). Nothing in this subsection (3) shall prohibit the general use of the words engineer, engineered, and engineering so long as such words are not being used in an offer to the public to perform the services set forth in section 12-120-202 (6).
(4) It is unlawful for any individual to use in any manner a certificate or
certificate number that has not been issued to the individual by the board.
(5) The practice of professional engineering in violation of any of the
provisions of this part 2 shall be either:
(a) Restrained by injunction in an action brought by the attorney general or
by the district attorney in accordance with section 12-20-406; or
(b) Ceased by order of the board pursuant to section 12-20-405.
(6) Any person who practices or offers or attempts to practice professional
engineering without an active license issued under this part 2 is subject to penalties pursuant to section 12-20-407 (1)(a).
(7) After finding that an individual, partnership, professional association,
joint stock company, limited liability company, or corporation has unlawfully engaged in the practice of engineering, the board may jointly and severally assess a fine against the unlawfully engaged party in an amount not less than fifty dollars and not more than five thousand dollars for each violation proven by the board.
(8) An individual practicing professional engineering who is not licensed or
exempt shall not collect compensation of any kind for the practice, and, if compensation has been paid, the compensation shall be refunded in full.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
878, � 1, effective October 1. L. 2024: (1) amended, (HB 24-1329), ch. 342, p. 2316, � 16, effective August 7.
Editor's note: This section is similar to former � 12-25-105 as it existed prior
to 2019.
C.R.S. § 12-120-206
12-120-206. Disciplinary actions - grounds for discipline. (1) The board may take disciplinary or other action as authorized by section 12-20-404 against, or limit the scope of practice of, any professional engineer or engineer-intern for:
(a) Engaging in fraud, misrepresentation, or deceit in obtaining or attempting
to obtain a license or enrollment;
(b) Failing to meet the generally accepted standards of engineering practice
whether through act or omission;
(c) A felony that is related to the ability to practice engineering; except that
the board shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101 in considering the conviction or plea. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea shall be presumptive evidence of the conviction or plea for the purposes of any hearing under this part 2. A plea of nolo contendere, or its equivalent, accepted by the court shall be considered as a conviction.
(d) Violating, or aiding or abetting in the violation of, the provisions of this
part 2 or an applicable provision of article 20 of this title 12, any rule adopted by the board in conformance with the provisions of part 1 of this article 120 or this part 2, or any order of the board issued in conformance with the provisions of this part 2;
(e) Using false, deceptive, or misleading advertising;
(f) Performing services beyond one's competency, training, or education;
(g) Failing to report to the board any professional engineer known to have
violated any provision of this part 2 or any board order or rule;
(h) Habitual or excessive use or abuse of alcohol, controlled substances, or
any habit-forming drug;
(i) Using any schedule I controlled substance, as set forth in section 18-18-203;
(j) Failing to report to the board any malpractice claim against the
professional engineer or any partnership, corporation, limited liability company, or joint stock association of which the professional engineer is a member, that is settled or in which judgment is rendered, within sixty days after the effective date of the settlement or judgment, if the claim concerned engineering services performed or supervised by the engineer;
(k) Failing to pay any fine assessed pursuant to this part 2;
(l) Violating any law or regulation governing the practice of engineering in
another state or jurisdiction. A plea of nolo contendere or its equivalent accepted by the board of another state or jurisdiction may be considered to be the same as a finding of guilty for purposes of any hearing under this part 2.
(m) Using in any manner an expired, suspended, or revoked license,
certificate, or seal, practicing or offering to practice when not qualified, or falsely claiming that the individual is licensed;
(n) Failing to respond to the allegations in a complaint within the length of
time specified in the letter issued by the board in accordance with subsection (2) of this section.
(2) The board may issue and send a letter of admonition by first-class mail to
a professional engineer or engineer-intern at the individual's last-known address under the circumstances specified in and in accordance with section 12-20-404 (4).
(3) In addition to any other penalty that may be imposed pursuant to this
article 120, the board may fine any professional engineer violating any provision of this article 120 or any rule promulgated pursuant to this article 120 or section 12-20-204 not less than fifty dollars and not more than five thousand dollars for each violation proven by the board.
(4) The board may issue a letter of concern to a professional engineer or an
engineer-intern based on any of the grounds specified in subsection (1) of this section without conducting a hearing as specified in section 12-120-207 when an instance of potentially unsatisfactory conduct comes to the board's attention but, in the board's judgment, does not warrant formal action by the board. Letters of concern shall be confidential and shall not be disclosed to members of the public or in any court action unless the board is a party.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
879, � 1, effective October 1. L. 2024: (1)(n) added and (2) amended, (HB 24-1329), ch. 342, pp. 2312, 2317, �� 5, 17, effective August 7.
Editor's note: This section is similar to former � 12-25-108 as it existed prior
to 2019.
C.R.S. § 12-120-207
12-120-207. Disciplinary proceedings - injunctive relief procedure. (1) Section 12-20-403 applies to investigations and hearings under this section.
(2) The board upon its own motion may, and upon the receipt of a signed
complaint in writing from any person shall, investigate the activities of any professional engineer, engineer-intern, or other person who presents grounds for disciplinary action as specified in this part 2.
(3) All charges, unless dismissed by the board, shall be referred to an
administrative hearing by the board within five years after the date on which they were filed.
(4) (a) The board is authorized to apply for injunctive relief in accordance
with section 12-20-406 to enforce the provisions of this part 2 or to restrain any violation thereof.
(b) If the board has reason to believe that any individual has engaged in, or is
engaging in, any act or practice that constitutes a violation of any provision of this part 2, the board may initiate proceedings to determine if a violation has occurred.
(c) In any action brought pursuant to this subsection (4), evidence of the
commission of a single act prohibited by this article 120 shall be sufficient to justify the issuance of an injunction or a cease-and-desist order.
(5) The board may issue cease-and-desist orders under the circumstances
and in accordance with the procedures specified in section 12-20-405.
(6) Section 12-20-408 governs judicial review of all final actions and orders
of the board that are subject to judicial review.
(7) The board may send a confidential letter of concern to a licensee under
the circumstances specified in section 12-20-404 (5).
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
881, � 1, effective October 1.
Editor's note: This section is similar to former � 12-25-109 as it existed prior
to 2019.
C.R.S. § 12-120-209
12-120-209. Application for license. (1) The board shall prescribe and furnish the means by which a person may apply for licensure. All applications must be made under oath and accompanied by the appropriate fee. Each application must contain a statement indicating whether the applicant has ever been convicted of a felony in this or any other state, or has ever had a license to practice engineering revoked or suspended in this or any other state. Applications that are not complete are defective and may not be accepted by the board. The board shall take no action on defective applications, except to give notice to the applicant of defects. The board shall retain all fees submitted with applications, whether or not the applications are acted upon.
(2) No new application shall be required of any individual requiring
reexamination by the board, and the individual shall be notified when the next examination will be held.
(3) When considering applications, personal interviews may be required by
the board only if the application fails to demonstrate that the applicant possesses the minimum qualifications necessary to qualify to take the written examination.
(4) Whenever the board is reviewing or considering the conviction of a crime,
it shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
885, � 1, effective October 1.
Editor's note: This section is similar to former � 12-25-110 as it existed prior
to 2019.
C.R.S. § 12-120-210
12-120-210. Eligibility for engineer-intern. To be eligible for enrollment as an engineer-intern, an applicant shall provide documentation of the applicant's technical competence.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
885, � 1, effective October 1.
Editor's note: This section is similar to former � 12-25-111 as it existed prior to
2019.
C.R.S. § 12-120-211
12-120-211. Qualifications for engineer-interns.
(1) Repealed.
(2) (a) An applicant may qualify for enrollment as an engineer-intern by
graduation and examination if the applicant passes the appropriate examination as adopted by the board in accordance with section 12-120-104 (2)(b).
(b) In order to be admitted to the examination pursuant to subsection (2)(a)
of this section, the applicant must:
(I) Have graduated from a board-approved engineering or engineering
technology curriculum of four or more years; or
(II) Have senior status in a board-approved engineering or engineering
technology curriculum of four or more years.
(c) Upon passing the examination and the submission of official transcripts
verifying graduation or impending graduation, the applicant shall be enrolled as an engineer-intern if the applicant is otherwise qualified pursuant to section 12-120-210.
(3) (a) An applicant may qualify for enrollment as an engineer-intern by
graduation, experience, and examination if the applicant passes the appropriate examination as adopted by the board in accordance with section 12-120-104 (2)(b) and possesses a total of six years of progressive engineering experience, of which educational study may be a part.
(b) In order to be admitted to the examination pursuant to subsection (3)(a)
of this section, the applicant must:
(I) Have graduated from an engineering curriculum of four or more years not
approved by the board or from a related science curriculum of four or more years; and
(II) Have four years of progressive engineering experience, of which
educational study may be a part.
(c) Upon passing the examination and the submission of evidence of
experience satisfactory to the board, the applicant shall be enrolled as an engineer-intern if the applicant is otherwise qualified pursuant to section 12-120-210.
(4) (a) An applicant may qualify for enrollment as an engineer-intern by
experience and examination if the applicant passes the appropriate examination as adopted by the board in accordance with section 12-120-104 (2)(b).
(b) In order to be admitted to the examination pursuant to subsection (4)(a)
of this section, the applicant must:
(I) Have graduated from high school or its equivalent; and
(II) Have six years of progressive engineering experience, of which
educational study may be a part.
(c) Upon passing the examination and the submission of evidence of
experience satisfactory to the board, the applicant shall be enrolled as an engineer-intern if the applicant is otherwise qualified pursuant to section 12-120-210.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
885, � 1, effective October 1. L. 2020: (1) amended, (HB 20-1326), ch. 126, p. 533, � 11, effective June 25. L. 2024: (1) repealed and (2)(a), (3)(a), and (4)(a) amended, (HB 24-1329), ch. 342, p. 2312, � 6, effective August 7.
Editor's note: This section is similar to former � 12-25-112 as it existed prior
to 2019.
Cross references: For the short title (Red Tape Reduction Act) and the
legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020.
C.R.S. § 12-120-212
12-120-212. Eligibility for professional engineer. To be eligible for licensing as a professional engineer, an applicant shall provide documentation of the applicant's technical competence.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
886, � 1, effective October 1.
Editor's note: This section is similar to former � 12-25-113 as it existed prior
to 2019.
C.R.S. § 12-120-213
12-120-213. Qualifications for professional engineer.
(1) Repealed.
(2) (a) An applicant may qualify for licensing as a professional engineer by
graduation, experience, and examination if the applicant passes the appropriate examination as adopted by the board in accordance with section 12-120-104 (2)(b).
(b) In order to be admitted to the examination pursuant to subsection (2)(a)
of this section, the applicant must:
(I) (A) Have graduated from a board-approved engineering curriculum of four
or more years; and
(B) Have eight years of progressive engineering experience, of which
educational study may be a part; and
(C) Have been enrolled as an engineer-intern in this state; or
(II) (A) Have graduated from a board-approved engineering technology
curriculum of four or more years; and
(B) Have ten years of progressive engineering experience, of which
educational study may be a part; and
(C) Have been enrolled as an engineer-intern in this state; or
(III) (A) Have graduated from an engineering curriculum of four or more years
not approved by the board or from a related science curriculum of four or more years; and
(B) Have ten years of progressive engineering experience, of which
educational study may be a part; and
(C) Have been enrolled as an engineer-intern in this state; or
(IV) (A) Have graduated from an engineering curriculum of four or more
years or from a related science curriculum of four or more years; and
(B) Have twenty years of progressive engineering experience, of which
educational study may be a part.
(c) Upon passing the examination and the submission of evidence of
experience satisfactory to the board, the applicant shall be licensed as a professional engineer if the applicant is otherwise qualified pursuant to section 12-120-212.
(3) (a) An applicant may qualify for licensing as a professional engineer by
experience and examination if the applicant passes the appropriate examination as adopted by the board in accordance with section 12-120-104 (2)(b).
(b) In order to be admitted to the examination pursuant to subsection (3)(a)
of this section, the applicant must:
(I) Have twelve years of progressive engineering experience, of which
educational study may be a part; and
(II) Have been enrolled as an engineer-intern in this state.
(c) Upon passing the examination and the submission of evidence of
experience satisfactory to the board, the applicant shall be licensed as a professional engineer if the applicant is otherwise qualified pursuant to section 12-120-212.
(4) (a) A professional engineer who has been duly licensed to practice
engineering in this state and who is over sixty-five years of age, upon application, may be classified as a retired professional engineer. Individuals who are so classified shall lose their licensure, shall not practice engineering, and shall pay a fee to retain retired professional engineer status.
(b) (I) A retired professional engineer shall be reinstated to the status of a
professional engineer upon payment of the renewal fee. No other fee shall be assessed against the retired professional engineer as a penalty.
(II) For any professional engineer who has been retired for two or more years,
the board may require reexamination unless the board is satisfied of the retired professional engineer's continued competence.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
887, � 1, effective October 1. L. 2020: (1) amended, (HB 20-1326), ch. 126, p. 533, � 12, effective June 25. L. 2024: (1) repealed and (2)(a) and (3)(a) amended, (HB 24-1329), ch. 342, p. 2313, � 7, effective August 7.
Editor's note: This section is similar to former � 12-25-114 as it existed prior
to 2019.
Cross references: For the short title (Red Tape Reduction Act) and the
legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020.
C.R.S. § 12-120-214
12-120-214. Licenses. (1) The board, upon acceptance of an applicant who has demonstrated competence in professional engineering and upon receipt of payment of the required fee, shall license and issue a unique license number to the applicant.
(2) The board, upon acceptance of a qualified engineer-intern and upon
receipt of payment of the required fee, shall enroll the applicant.
(3) A license may be issued at any time and is subject to the renewal,
expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).
(4) Any person whose license has expired shall be subject to the penalties
provided in this part 2 or section 12-20-202 (1).
(5) A professional engineer shall give notice to the board, in writing, of any
change of address within thirty days after the change.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
888, � 1, effective October 1.
Editor's note: This section is similar to former � 12-25-115 as it existed prior
to 2019.
C.R.S. § 12-120-215
12-120-215. Fees - disposition. (1) Pursuant to section 12-20-105, the board shall charge and collect fees for the following:
(a) With respect to professional engineers:
(I) Renewal of a license;
(II) Replacement of a physical certificate of licensure, if requested by the
licensee;
(III) Repealed.
(IV) Application for the appropriate examination as adopted by the board in
accordance with section 12-120-104 (2)(b);
(V) Issuance of a physical certificate of licensure, if requested by the
licensee;
(VI) Late renewal of a license;
(VII) Reexamination for the appropriate examination as adopted by the board
in accordance with section 12-120-104 (2)(b);
(VIII) Reinstatement of an expired license;
(IX) Listing as a retired professional engineer;
(b) With respect to engineer-interns:
(I) Application for the appropriate examination as adopted by the board in
accordance with section 12-120-104 (2)(b);
(II) Reexamination for the appropriate examination as adopted by the board
in accordance with section 12-120-104 (2)(b).
(III) Repealed.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
889, � 1, effective October 1. L. 2020: (1)(a)(III) and (1)(b)(III) amended, (HB 20-1326), ch. 126, p. 533, � 13, effective June 25. L. 2024: (1)(a)(III) and (1)(b)(III) repealed and (1)(a)(IV), (1)(a)(VII), (1)(b)(I), and (1)(b)(II) amended, (HB 24-1329), ch. 342, p. 2313, � 8, effective August 7.
Editor's note: This section is similar to former � 12-25-116 as it existed prior
to 2019.
Cross references: For the short title (Red Tape Reduction Act) and the
legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020.
C.R.S. § 12-120-216
12-120-216. Professional engineer's seal - rules. (1) Upon receiving a license from the board, a professional engineer may obtain a crimp type seal, a rubber stamp type seal, or an electronic type seal of a design approved by the board. The seal must contain the licensed professional engineer's name and license number and the designation Colorado licensed professional engineer. Colorado professional engineers licensed before July 1, 2004, may continue to use their prior existing seals.
(2) A professional engineer shall use a seal and signature only when the
work to which the seal is applied was prepared under the engineer's responsible charge.
(3) The board shall adopt rules governing use of the seal and the retention,
use, and distribution of sealed documents and copies thereof.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
890, � 1, effective October 1.
Editor's note: This section is similar to former � 12-25-117 as it existed prior
to 2019.
PART 3
LAND SURVEYORS
C.R.S. § 12-120-302
12-120-302. Definitions. As used in this part 3, unless the context otherwise requires:
(1) Basic control for engineering projects means survey markers set on or in
the vicinity of a construction project to enable all components of the project to be built in compliance with plans and specifications with respect to the project location, orientation, elevation, and relationship to property, easement, or right-of-way boundaries.
(2) Certificate means the media issued by the board to evidence licensing
or enrollment.
(3) Geodetic surveying means the performance of surveys in which
measure or account is taken of the shape, size, and gravitational forces of the earth to determine or predetermine the horizontal or vertical positions of points, monuments, or stations for use in the practice of professional land surveying or for stating the geodetic position of control points, monuments, or stations by using a coordinate system or derivative thereof recognized by the national geodetic survey.
(4) Land surveyor-intern means an individual enrolled by the board after
demonstrating the individual's competency, as required by section 12-120-311.
(5) (a) Professional land surveying means the application of special
knowledge of principles of mathematics, methods of measurement, and law for the determination and preservation of land boundaries. Professional land surveying specifically includes:
(I) Restoration and rehabilitation of corners and boundaries in the United
States public land survey system;
(II) Obtaining and evaluating boundary evidence;
(III) Determination of the areas and elevations of land parcels;
(IV) Subdivision of land parcels into smaller parcels and layout of alignment
and grades for streets or roads to serve the smaller parcels;
(V) Measuring and platting underground mine workings;
(VI) Preparation of the boundary control portions of geographic information
systems and land information systems except as allowed otherwise by section 38-51-109.3;
(VII) Establishment, restoration, and rehabilitation of land survey monuments
and bench marks;
(VIII) Preparation of land survey plats, condominium plats, monument
records, property descriptions that result from the practice of professional land surveying, and survey reports;
(IX) Surveying, monumenting, and platting of easements and rights-of-way;
(X) Geodetic surveying;
(XI) Basic control for engineering projects; and
(XII) Any other activities incidental to and necessary for the adequate
performance of the services described in this subsection (5)(a).
(b) An individual practices or offers to practice professional land surveying
within the meaning and intent of this part 3 if the individual engages therein or, by oral claim, sign, letterhead, or card or in any other way, holds themself out to be a professional land surveyor or as being able to perform any professional land surveying service or if the individual performs any professional land surveying service or work.
(c) Professional land surveying may include other types of surveying.
(6) Professional land surveyor means an individual who practices
professional land surveying and who is currently licensed with the board after demonstrating competency to practice, as required by section 12-120-313.
(7) Responsible charge means personal responsibility for the control and
direction of professional land surveying work.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
890, � 1, effective October 1. L. 2024: (5)(b) amended, (HB 24-1329), ch. 342, p. 2317, � 18, effective August 7.
Editor's note: This section is similar to former � 12-25-202 as it existed prior
to 2019; except that � 12-25-202 (12) was relocated to � 12-120-102 (2).
C.R.S. § 12-120-313
12-120-313. Qualifications for professional land surveyor.
(1) Repealed.
(2) (a) An applicant may qualify for licensing as a professional land surveyor
by education, experience, and examination if the applicant passes the appropriate examination as adopted by the board in accordance with section 12-120-104 (2)(b) and the examination pertaining to Colorado law.
(b) To be admitted to an examination pursuant to subsection (2)(a) of this
section, the applicant shall meet the requirements stated in at least one of the following:
(I) (A) Have graduated from a board-approved surveying curriculum of four
or more years; and
(B) Have two years of progressive land surveying experience under the
supervision of a professional land surveyor or an exempted federal employee defined in section 12-120-303 (1)(b); and
(C) Have been enrolled as a land surveyor-intern in this state; or
(II) (A) Have graduated from a non-board-approved surveying curriculum of
four or more years; and
(B) Have four years of progressive land surveying experience of which at
least two must be under the supervision of a professional land surveyor or an exempted federal employee as defined in section 12-120-303 (1)(b); and
(C) Have been enrolled as a land surveyor-intern in this state; or
(III) (A) Have graduated from a board-approved two-year surveying
curriculum or from a four-year engineering curriculum that included surveying course work as specified by the board by rule; and
(B) Have six years of progressive land surveying experience of which four
years shall have been under the supervision of a professional land surveyor or an exempt federal employee as defined under section 12-120-303 (1)(b); and
(C) Have been enrolled as a land surveyor-intern in this state; or
(IV) (A) Have obtained a bachelor's degree in a nonsurveying curriculum;
(B) Have completed surveying and other related course work, as specified by
the board by rule;
(C) Have six years of progressive land surveying experience, of which four
years shall have been under the supervision of a professional land surveyor or an exempted federal employee as defined in section 12-120-303 (1)(b); and
(D) Have been enrolled as a land surveyor-intern in this state.
(c) Upon passing the examinations and the submission of evidence of
experience satisfactory to the board, the applicant shall be licensed as a professional land surveyor if the applicant is otherwise qualified pursuant to section 12-120-312.
(3) The board may allow an applicant to substitute for one year of
experience the satisfactory completion of one academic year in a curriculum approved by the board. The substitution of education for experience shall not exceed three years.
(4) Repealed.
(5) (a) A professional land surveyor who has been duly licensed to practice
professional land surveying in this state and who is over sixty-five years of age, upon application, may be classified as a retired professional land surveyor. Individuals who are so classified shall lose their licensure, shall not practice professional land surveying, and shall pay a fee to retain retired professional land surveyor status.
(b) (I) A retired professional land surveyor shall be reinstated to the status of
a professional land surveyor upon payment of the renewal fee. No other fee shall be assessed against the retired professional land surveyor as a penalty.
(II) For any professional land surveyor who has been retired for two or more
years, the board may require reexamination unless the board is satisfied of the retired professional land surveyor's continued competence.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
901, � 1, effective October 1. L. 2020: (1) amended, (HB 20-1326), ch. 126, p. 534, � 15, effective June 25. L. 2024: (1) repealed and (2)(a) amended, (HB 24-1329), ch. 342, p. 2314, � 11, effective August 7.
Editor's note: (1) This section is similar to former � 12-25-214 as it existed
prior to 2019.
(2) Subsection (4)(e) of this section provided for the repeal of subsection (4),
effective July 1, 2020. (See L. 2010, p. 324.)
Cross references: For the short title (Red Tape Reduction Act) and the
legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020.
C.R.S. § 12-120-403
12-120-403. Exemptions - definitions. (1) Nothing in this part 4 shall prevent any person, firm, corporation, or association from preparing plans and specifications for, designing, planning, or administering the construction contracts for construction, alterations, remodeling, additions to, or repair of, any of the following:
(a) One-, two-, three-, and four-family dwellings, including accessory
buildings commonly associated with those dwellings;
(b) Garages, industrial buildings, offices, farm buildings, and buildings for
the marketing, storage, or processing of farm products, and warehouses, that do not exceed one story in height, exclusive of a one-story basement, and, under applicable building codes, are not designed for occupancy by more than ten persons;
(c) Additions, alterations, or repairs to the buildings referred to in
subsections (1)(a) and (1)(b) of this section that do not cause the completed buildings to exceed the applicable limitations set forth in this subsection (1);
(d) Nonstructural alterations of any nature to any building if the alterations
do not affect the life safety of the occupants of the building.
(2) Nothing in this part 4 shall prevent, prohibit, or limit any municipality or
county of this state, home rule or otherwise, from adopting such building codes as may, in the reasonable exercise of the police power of said governmental unit, be necessary for the protection of the inhabitants of the municipality or county.
(3) Nothing in this part 4 shall be construed as curtailing or extending the
rights of any other profession or craft, including the practice of landscape architecture by landscape architects pursuant to article 130 of this title 12.
(4) Nothing in this part 4 shall be construed as prohibiting the practice of
architecture by any employee of the United States government or any bureau, division, or agency of the United States government while in the discharge of the employee's official duties.
(5) Nothing in this part 4 shall be construed to prevent the independent
employment of a licensed professional engineer practicing pursuant to part 2 of this article 120.
(6) (a) Except as provided in subsection (6)(b) of this section, nothing in this
part 4 prevents an interior designer from preparing interior design documents and specifications for interior finishes and nonstructural elements within and surrounding interior spaces of a building or structure of any size, height, and occupancy and filing the documents and specifications for the purpose of obtaining approval for a building permit as provided by law from the appropriate city, city and county, or regional building authority, which city, city and county, or regional building authority may approve the filing in the same manner as for other professions and may only reject the filing for a reason provided in law, which reason may be based on a local government's ordinance, resolution, or building code adoption policy.
(b) (I) Interior designers shall not be engaged in the construction of:
(A) The structural frame system supporting a building;
(B) Mechanical, plumbing, heating, air conditioning, ventilation, or electrical
vertical transportation systems;
(C) Fire-rated vertical shafts in any multistory structure;
(D) Fire-related protection of structural elements;
(E) Smoke evacuation and compartmentalization;
(F) Emergency sprinkler systems;
(G) Emergency alarm systems; or
(H) Any other alteration affecting the life safety of the occupants of a
building outside the content of the interior design documents and specifications listed in subsection (6)(a) of this section.
(II) An interior designer shall, as a condition of filing interior design
documents and specifications for the purpose of obtaining approval for a building permit, provide to the responsible building official of the jurisdiction proof of the interior designer's professional liability insurance coverage that is in force. An interior designer is not subject to any of the restrictions set forth in subsections (1)(b) and (1)(d) of this section.
(c) As used in this subsection (6), interior designer means a person who:
(I) Engages in:
(A) Consultation, study, design analysis, drawing, space planning, and
specification for nonstructural or nonseismic interior construction with due concern for the life safety of the occupants of the building;
(B) Preparing and submitting interior design documents for the purpose of
obtaining approval for a building permit as provided by law for nonstructural or nonseismic interior construction, materials, finishes, space planning, furnishings, fixtures, equipment, lighting, and reflected ceiling plans;
(C) Designing for fabrication nonstructural elements within and surrounding
interior spaces of buildings; or
(D) The administration of design construction and contract documents, as
the clients' agent, relating to the functions described in subsections (6)(c)(I)(A) to (6)(c)(I)(C) of this section, and collaboration with specialty consultants and licensed practitioners in other areas of technical expertise; and
(II) Possesses written documentation that the interior designer:
(A) and (B) (Deleted by amendment, L. 2020.)
(C) Has met the education and experience requirements of, and has
subsequently passed, the qualification examination promulgated by the Council for Interior Design Qualification or its successor organization; and
(D) Maintains active certification with the Council for Interior Design
Qualification or its successor organization.
(d) As used in this subsection (6), nonstructural or nonseismic includes
interior elements or components that are not load bearing, do not assist in the seismic design, and do not require structural computations for a building. Common nonstructural or nonseismic elements or components include ceiling and partition systems that employ normal and typical bracing conventions and are not part of the structural integrity of the building.
(7) Nothing in this article 120 shall prohibit a person who is licensed to
practice architecture in another jurisdiction of the United States from soliciting work in Colorado. The person shall not perform the practice of architecture in this state without first having obtained a license from the board or having associated with an architect licensed in this state who is associated with the project at all stages of the project.
(8) Nothing in this section authorizes an individual, including an individual
authorized to engage in conduct under subsection (6) of this section, to engage in the practice of architecture, engineering, or any other occupation regulated under the laws of this state or to prepare, sign, or seal plans with respect to such practice or in connection with any governmental permit unless the individual is licensed or otherwise permitted by law to so act.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
907, � 1, effective October 1. L. 2020: (6)(a), (6)(b), (6)(c)(II), and (6)(d) amended and (8) added, (HB 20-1165), ch. 102, p. 391, � 1, effective September 14. L. 2024: (4) amended, (HB 24-1329), ch. 342, p. 2317, � 21, effective August 7.
Editor's note: This section is similar to former � 12-25-303 as it existed prior
to 2019.
C.R.S. § 12-120-404
12-120-404. Forms of organizations permitted to practice - requirements. (1) Except as otherwise provided in this section, no firm, partnership, entity, or group of persons shall be licensed to practice architecture; except that a partnership, entity, or group of persons may use the term architects in its business name if a majority of the individual officers and directors or members or partners are either licensed architects under this part 4 or persons who qualify for a license by endorsement under section 12-120-413 (3).
(2) The practice of architecture by the following entities is permitted, subject
to subsection (3) of this section:
(a) A corporation that complies with the Colorado Business Corporation
Act, articles 101 to 117 of title 7;
(b) A limited liability company that complies with the Colorado Limited
Liability Company Act, article 80 of title 7;
(c) A registered limited liability partnership that has registered in
accordance with section 7-60-144 or qualified in accordance with section 7-64-1002.
(3) An entity listed in subsection (2) of this section may practice architecture,
but only if:
(a) The practice of architecture by the entity is under the direct supervision
of an architect, licensed in the state of Colorado, who is an officer of the corporation, a member of the limited liability company, or a partner in the registered limited liability partnership;
(b) The architect remains individually responsible to the board and the public
for the architect's professional acts and conduct; and
(c) All architectural plans, designs, drawings, specifications, or reports that
are involved in the practice, issued by or for the entity, bear the seal and signature of an architect in responsible control of, and directly responsible for, the architectural work when issued.
(4) (a) Nothing in this part 4 shall be construed as prohibiting the formation
of a corporation, limited liability company, registered limited liability partnership, joint venture, partnership, or association consisting of one or several architects or corporations meeting the requirements of subsection (3) of this section and one or several professional engineers, all duly licensed under the respective provisions of the applicable laws of this state.
(b) It is lawful for an entity described in subsection (4)(a) of this section to
use in its title the words architects and engineers.
(c) No identifying media used by any member of the entity shall mislead the
public as to the fact that the member is licensed as an architect or as a professional engineer.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
909, � 1, effective October 1. L. 2024: (3)(b) amended, (HB 24-1329), ch. 342, p. 2318, � 22, effective August 7.
Editor's note: This section is similar to former � 12-25-304 as it existed prior
to 2019.
C.R.S. § 12-120-410
12-120-410. Professional liability - insurance. (1) The shareholders, members, or partners of an entity that practices architecture are liable for the acts, errors, and omissions of the employees, members, and partners of the entity except when the entity maintains a qualifying policy of professional liability insurance as set forth in subsection (2) of this section.
(2) (a) A qualifying policy of professional liability insurance shall meet the
following minimum standards:
(I) The policy insures the entity against liability imposed upon it by law for
damages arising out of the negligent acts, errors, and omissions of all professional and nonprofessional employees, members, and partners; and
(II) The insurance is in a policy amount of at least seventy-five thousand
dollars multiplied by the total number of architects and engineers in or employed by the entity, up to a maximum of five hundred thousand dollars.
(b) In addition, the policy may include:
(I) A provision that it shall not apply to the following:
(A) A dishonest, fraudulent, criminal, or malicious act or omission of the
insured entity or any stockholder, employee, member, or partner;
(B) The conduct of a business enterprise that is not the practice of
architecture by the insured entity;
(C) The conduct of a business enterprise in which the insured entity may be a
partner or that may be controlled, operated, or managed by the insured entity in its own or in a fiduciary capacity, including, but not limited to, the ownership, maintenance, or use of property;
(D) Bodily injury, sickness, disease, or death of a person; or
(E) Damage to, or destruction of, tangible property owned by the insured
entity;
(II) Any other reasonable provisions with respect to policy periods, territory,
claims, conditions, and ministerial matters.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
916, � 1, effective October 1.
Editor's note: This section is similar to former � 12-25-311 as it existed prior
to 2019.
C.R.S. § 12-130-104
12-130-104. Definitions. As used in this article 130, unless the context otherwise requires:
(1) Board means the state board of landscape architects, created in section
12-130-106.
(2) Habit-forming drug means a drug or medicine required to be labeled
under section 25-5-415 or the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. sec. 301 et seq., as a habit-forming drug.
(3) Infrastructure means elements of the public domain that support
developments such as roads, streets, parks, plazas, and other places that are not privately owned and managed.
(4) Landscape architect means a person who engages in the practice of
landscape architecture.
(5) Plan means to prepare layouts and schemes for land areas,
infrastructure systems, facilities, or objects and includes technical documentation.
(6) (a) Practice of landscape architecture means:
(I) The application of landscape architectural higher education, training, and
experience as well as required mathematical, physical, and social science skills to consult, evaluate, plan, and design projects and improvements principally directed at the functional and aesthetic uses of land;
(II) Collaboration with architects and engineers during the design of public
infrastructure projects such as roads, bridges, buildings, and other structures, concerning the functional and aesthetic requirements of the area and project site; or
(III) Assistance in the preparation and administration of construction
documents, contracts, and contract offers related to site landscape improvements.
(b) Practice of landscape architecture does not include acts exempted by
section 12-130-117.
(7) Substantial gift means a gift, donation, or other consideration sufficient
to influence a person to act in a specific manner. The term does not include a gift of nominal value such as reasonable entertainment or hospitality or an employer's reward to an employee for work performed.
(8) Supervision means the actions taken by a landscape architect in
directing, personally reviewing, correcting, or approving the work performed by an employee or subcontractor of the landscape architect.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
925, � 1, effective October 1.
Editor's note: This section is similar to former � 12-45-103 as it existed prior
to 2019.
C.R.S. § 12-130-117
12-130-117. Exemptions. (1) The following shall be exempt from the provisions of this article 130:
(a) The practice of architecture by licensed architects pursuant to part 4 of
article 120 of this title 12;
(b) The practice of professional engineering by registered professional
engineers pursuant to part 2 of article 120 of this title 12;
(c) The practice of professional land surveying by licensed land surveyors
pursuant to part 3 of article 120 of this title 12;
(d) Residential landscape design, consisting of landscape design services for
single- and multi-family residential properties of four or fewer units not including common areas;
(e) The design of irrigation systems by professionals qualified by appropriate
experience or certification; and
(f) Landscape installation and construction services, including, but not
limited to, all contracting services not within the scope of the practice of landscape architecture.
(2) Nothing in this article 130 shall prohibit or limit a municipality or county
of this state, in the reasonable exercise of its police power, from adopting codes that may be necessary for the protection of the inhabitants of the municipality or county.
(3) Nothing in this article 130 shall be construed to limit or extend the rights
of another profession or craft.
(4) Nothing in this article 130 shall be construed to prohibit the practice of
landscape architecture by any employee of the United States government or any bureau, division, or agency of the United States while discharging his or her official duties.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
938, � 1, effective October 1.
Editor's note: This section is similar to former � 12-45-118 as it existed prior
to 2019.
C.R.S. § 12-130-118
12-130-118. Architecture, engineering, and surveying. Nothing in this article 130 shall be construed to authorize a landscape architect to engage in the practice of architecture, as defined in part 4 of article 120 of this title 12, the practice of engineering, as defined in part 2 of article 120 of this title 12, or professional land surveying, as defined in part 3 of article 120 of this title 12.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
938, � 1, effective October 1.
Editor's note: This section is similar to former � 12-45-119 as it existed prior
to 2019.
C.R.S. § 12-150-103
12-150-103. Definitions. As used in this article 150, unless the context otherwise requires:
(1) Area operator means a person who owns, manages, or directs the
operation and maintenance of a passenger tramway. Area operator may apply to the state or any political subdivision or instrumentality thereof.
(2) Board means the passenger tramway safety board created by section
12-150-104.
(3) Industry means the activities of all those persons in this state who own,
manage, or direct the operation of passenger tramways.
(4) License means the formal, legal, written permission of the board to
operate a passenger tramway.
(5) Passenger tramway means a device used to transport passengers uphill
on skis, or in cars on tracks, or suspended in the air by the use of steel cables, chains, or belts, or by ropes, and usually supported by trestles or towers with one or more spans. Passenger tramway includes, but is not limited to, the following devices:
(a) Fixed-grip lifts. Fixed-grip lift means an aerial lift on which carriers
remain attached to a haul rope. The tramway system may be either continuously or intermittently circulating, and may be either monocable or bicable.
(b) Detachable-grip lifts. Detachable-grip lift means an aerial lift on which
carriers alternately attach to and detach from a moving haul rope. The tramway system may be monocable or bicable.
(c) Funiculars. Funicular means a device in which a passenger car running
on steel or wooden tracks is attached to and propelled by a steel cable, and any similar devices.
(d) Chair lifts. Chair lift means a type of transportation on which
passengers are carried on chairs suspended in the air and attached to a moving cable, chain, or link belt supported by trestles or towers with one or more spans, and any similar devices.
(e) Surface lifts. Surface lift means a J-bar, T-bar, or platter pull and any
similar types of devices or means of transportation that pull skiers riding on skis by means of an attachment to a main overhead cable supported by trestles or towers with one or more spans.
(f) Rope tows. Rope tow means a type of transportation that pulls the skier
riding on skis as the skier grasps the rope manually, and any similar devices.
(g) Portable aerial tramway devices. Portable aerial tramway device means
any device designed for temporary use and operation, without permanent foundations, in changing or variable locations, with a capacity of less than five persons, that transports equipment or personnel, and is not used or intended to be used by the general public.
(h) Portable tramway devices. Portable tramway device means any device
designed to be used and operated as a rope tow or surface lift without permanent foundations and intended for temporary use in changing or variable locations, when used within the boundary of a recognized ski area.
(i) Private residence tramways. Private residence tramway means a device
installed at a private residence or installed in multiple dwellings as a means of access to a private residence in multiple dwelling buildings, so long as the tramway is so installed that it is not accessible to the general public or to other occupants of the building.
(j) Reversible aerial tramways. Reversible aerial tramway means a device
on which passengers are transported in cable-supported carriers and are not in contact with the ground or snow surface, and in which the carriers reciprocate between terminals.
(k) Conveyors. Conveyor means a type of transportation by which skiers, or
passengers on recreational devices, are transported uphill on top of a flexible, moving element such as a belt or a series of rollers.
(6) Program director means the person who manages the board's offices
on a day-to-day basis and works with the supervisory tramway engineer and the board in implementing the policies, decisions, and orders of the board.
(7) Qualified tramway design engineer or qualified tramway construction
engineer means an engineer licensed by the state board of licensure for architects, professional engineers, and professional land surveyors pursuant to part 2 of article 120 of this title 12 to practice professional engineering in this state.
(8) Staff means the program director, the supervisory tramway engineer,
and their clerical staff.
(9) Supervisory tramway engineer means the tramway engineer who works
with the program director and the board in implementing the policies, decisions, and orders of the board.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
977, � 1, effective October 1; (6), (8), and (9) amended, (SB 19-159), ch. 209, p. 2211, � 8, effective October 1.
Editor's note: (1) This section is similar to former � 25-5-702 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-159.
Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from May 17, 2019, to October 1, 2019, see SB 19-159, chapter 209, Session Laws of Colorado 2019.
C.R.S. § 12-150-104
12-150-104. Passenger tramway safety board - composition. (1) (a) There is created in the department of regulatory agencies and allocated to the division of professions and occupations pursuant to section 24-1-122 (3)(q) the passenger tramway safety board, which consists of six members appointed by the governor and one member designated by the United States forest service. The passenger tramway safety board is a type 1 entity, as defined in section 24-1-105.
(b) The members appointed by the governor must represent the following
interests:
(I) Two members to represent the industry or area operators;
(II) Two members to represent the public at large;
(III) One member who is a licensed professional engineer not employed by a
ski area or related industry; and
(IV) One member familiar with or experienced in the tramway industry who
may represent the passenger tramway manufacturing or design industry or an area operator.
(c) The governor and the United States forest service shall only appoint or
designate members who, by reason of knowledge or experience, are deemed to be qualified. The knowledge or experience must be either from active and relevant involvement in the design, manufacture, or operation of passenger tramways or as a result of extensive and relevant involvement in related activities.
(d) The governor, in making appointments, shall consider recommendations
made to the governor by the membership of the particular interest from which the appointments are to be made.
(2) Each of the appointed members shall be appointed for a term of four
years and until a successor is appointed, and a board member shall not serve more than two consecutive four-year terms. A former board member may be reappointed to the board after having vacated the board for one four-year term. Vacancies on the board, for either an unexpired term or for a new term, shall be filled through prompt appointment by the governor. The member of the board designated by the United States forest service shall serve for such period as the federal agency shall determine and shall serve without compensation or reimbursement of expenses.
(3) The governor may remove any member of the board for misconduct,
incompetence, or neglect of duty.
(4) Board members appointed by the governor shall have been residents of
this state for at least three years.
(5) No member of the board who has any form of conflict of interest or the
potential thereof shall participate in consideration of the deliberations on matters to which the conflict may relate. Conflicts may include, but are not limited to, a member of the board having acted in any consulting relationship or being directly or indirectly involved in the operation of the tramway in question.
(6) A majority of the board constitutes a quorum. When necessary, members
of the board may participate remotely to conduct business during a public meeting for purposes of obtaining a quorum, facilitating the participation of members in remote locations, or both.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
979, � 1, effective October 1. L. 2022: (1), (2), and (6) amended, (SB 22-013), ch. 2, p. 13, � 12, effective February 25; (1) amended, (SB 22-162), ch. 469, p. 3394, � 120, effective August 10.
Editor's note: (1) This section is similar to former � 25-5-703 as it existed
prior to 2019.
(2) Amendments to subsection (1) by SB 22-013 and SB 22-162 were
harmonized.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 12-150-105
12-150-105. Powers and duties of board - rules. (1) The board has the following powers and duties in addition to those otherwise described by this article 150:
(a) To promulgate rules pursuant to section 12-20-204. The board may use as
general guidelines the standards contained in the American National Standard for Passenger Ropeways - Aerial Tramways and Aerial Lifts, Surface Lifts, Tows, and Conveyors - Safety Requirements, as adopted by the American National Standards Institute, as amended from time to time. The rules shall not be discriminatory in their application to area operators, and procedures of the board with respect thereto shall be as provided in section 24-4-103 with respect to rule-making.
(b) To investigate matters relating to the exercise and performance of the
powers and duties of the board;
(c) To receive complaints concerning violations of this article 150;
(d) To conduct meetings, hold hearings, and take evidence in accordance
with section 12-20-403. The program director may issue subpoenas in accordance with section 12-20-403 (2) on behalf of the board at the board's direction.
(e) To discipline area operators in accordance with this article 150;
(f) To approve and renew licenses in accordance with this article 150;
(g) To elect officers;
(h) To establish standing or temporary technical and safety committees
composed of persons with expertise in tramway-related fields to review, as the board deems necessary, the design, construction, maintenance, and operation of passenger tramways and to make recommendations to the board concerning their findings. Committees established pursuant to this subsection (1)(h) shall meet as deemed necessary by the board or the supervisory tramway engineer.
(i) To collect fees, established pursuant to section 12-20-105, for any
application for a new construction or major modification, for any application for licensing, and for inspection and accident investigations;
(j) To cause the prosecution and enjoinder, in accordance with section 12-20-406, of all persons violating the provisions of this article 150 and to incur the
necessary expenses thereof;
(k) To delegate duties to the program director;
(l) To keep records of its proceedings and of all applications.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
980, � 1, effective October 1; (1)(d) and (1)(k) amended, (SB 19-159), ch. 209, p. 2211, � 9, effective October 1.
Editor's note: (1) This section is similar to former � 25-5-704 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-159.
Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from May 17, 2019, to October 1, 2019, see SB 19-159, chapter 209, Session Laws of Colorado 2019.
C.R.S. § 12-150-110
12-150-110. Passenger tramway licensing required. (1) The state, through the board, shall license all passenger tramways, unless specifically exempted by law; establish reasonable standards of design and operational practices; and cause to be made inspections as may be necessary in carrying out the provisions of this section.
(2) A passenger tramway shall not be operated in this state unless it has
been licensed by the board. No new passenger tramway shall be initially licensed in this state unless its design and construction have been certified to this state as complying with the rules of the board promulgated pursuant to section 12-150-105. The certification shall be made by a qualified tramway design engineer or a qualified tramway construction engineer, whichever the case requires.
(3) The board shall have no jurisdiction over the construction of a new private
residence tramway or over any modifications to an existing private residence tramway when the tramway is not used, or intended to be used, by the general public.
(4) The board shall have no jurisdiction over a portable aerial tramway
device.
(5) The board shall have no jurisdiction over a portable tramway device when
the tramway device is not used, or intended to be used, by the general public.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
983, � 1, effective October 1.
Editor's note: This section is similar to former � 25-5-709 as it existed prior
to 2019.
C.R.S. § 12-150-115
12-150-115. Inspections and investigations - costs - reports - rules. (1) The board may cause to be made such inspection of the design, construction, operation, and maintenance of passenger tramways as the board may reasonably require.
(2) The inspections shall include, at a minimum, two inspections per year or
per two thousand hours of operation, whichever occurs first, of each passenger tramway, one of which inspections shall be during the high use season, shall be unannounced, and shall be carried out under contract by independent contractors selected by the board or by the supervisory tramway engineer. Additional inspections may be required by the board if the area operator does not, in the opinion of the board, make reasonable efforts to correct any deficiencies identified in any prior inspection or if the board otherwise deems additional inspections necessary. The board shall provide in its rules that no facility shall be shut down for the purposes of a regular inspection during normal operating hours unless sufficient daylight is not available for the inspection.
(3) The board may employ independent contractors to make the inspections
for reasonable fees plus expenses. The expenses incurred by the board in connection with the conduct of inspections provided for in this article 150 shall be paid in the first instance by the board, but each area operator of the passenger tramway that was the subject of the inspection shall, upon notification by the board of the amount due, reimburse the board for any charges made by personnel for the services and for the actual expenses of each inspection.
(4) The board may cause an investigation to be made in response to an
accident or incident involving a passenger tramway as the board may reasonably require. The board may employ independent contractors to make the investigations for reasonable fees plus expenses. The expenses incurred by the board in connection with the conduct of investigations provided for in this article 150 shall be paid in the first instance by the board, and thereafter one or more area operators may be billed for work performed pursuant to subsection (3) of this section.
(5) If, as the result of an inspection, it is found that a violation of the board's
rules exists, or a condition in passenger tramway design, construction, operation, or maintenance exists, endangering the safety of the public, an immediate report shall be made to the board for appropriate investigation and order.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
985, � 1, effective October 1.
Editor's note: This section is similar to former � 25-5-715 as it existed prior to
2019.
C.R.S. § 12-150-116
12-150-116. Emergency shutdown. When facts are presented tending to show that an unreasonable hazard exists in the continued operation of a passenger tramway, after the verification of the facts as is practical under the circumstances and consistent with the public safety, the board, any member thereof, or the supervisory tramway engineer may, by an emergency order, require the area operator of the tramway forthwith to cease using the same for the transportation of passengers. The emergency order shall be in writing and signed by a member of the board or the supervisory tramway engineer, and notice thereof may be served by the supervisory tramway engineer, any member of the board, or as provided by the Colorado rules of civil procedure or the State Administrative Procedure Act, article 4 of title 24. The service shall be made upon the area operator or the area operator's agent immediately in control of the tramway. The emergency shutdown shall be effective for a period not to exceed seventy-two hours from the time of service. The board shall conduct an investigation into the facts of the case and shall take such action under this article 150 as may be appropriate.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
985, � 1, effective October 1.
Editor's note: This section is similar to former � 25-5-716 as it existed prior to
2019.
C.R.S. § 12-20-202
12-20-202. Licenses, certifications, and registrations - renewal - reinstatement - fees - occupational credential portability program - exceptions for military personnel, spouses, gold star military spouses, and dependents - rules - consideration of criminal convictions or driver's history - executive director authority - definitions. (1) Renewal. (a) Licenses, certifications, and registrations issued pursuant to a part or article of this title 12 expire pursuant to a schedule established by the director and must be renewed or reinstated in accordance with this section. The director shall establish renewal fees and delinquency fees for reinstatement pursuant to section 12-20-105. If a person fails to renew the person's license, certification, or registration pursuant to the schedule established by the director, the license, certification, or registration expires. A person whose license, certification, or registration has expired is subject to the penalties set forth in this section and any other penalties authorized in the applicable part or article of this title 12 that regulates the person's profession or occupation.
(b) Notwithstanding any provision of the law to the contrary, the director
may change the renewal date of any license, certification, or registration issued by a regulator so that approximately the same number of licenses, certifications, or registrations are scheduled for renewal in each month of the year. Where any renewal date is so changed, the fee for the license, certification, or registration is proportionately increased or decreased, as the case may be. Except for a license, certification, or registration issued in accordance with subsection (3)(f) of this section, a license, certification, or registration is valid for a period of no less than one year and no longer than three years, as determined by the director in consultation with the applicable regulator. A licensee, certificate holder, or registrant shall submit an application for renewal to the applicable regulator on forms and in the manner prescribed by the director.
(c) Notwithstanding any provision of the law to the contrary, upon the
approval and recommendation of a regulator, the executive director may change the period of the validity of any license, certification, or registration issued by the regulator for a period not to exceed three years. If the executive director changes the period of validity of a license, certification, or registration pursuant to this subsection (1)(c), the director shall proportionately increase or decrease the fee for the license, certification, or registration, as the case may be, but the director shall not impose a fee increase that would result in hardship to the licensee, certificate holder, or registrant.
(d) A regulator may prescribe renewal requirements, which must include
compliance with any continuing education or continuing competency requirements adopted pursuant to the regulator's authority.
(e) The director shall allow for a grace period for licenses, certifications, or
registrations issued by a regulator. A licensee, certificate holder, or registrant has a sixty-day grace period after the expiration of his or her license, certification, or registration to renew the license, certification, or registration without the imposition of a disciplinary sanction by the regulator for the profession for practicing on an expired license, certification, or registration. The licensee, certificate holder, or registrant shall satisfy all renewal requirements pursuant to the applicable part or article of this title 12 and shall pay a delinquency fee in an amount determined pursuant to sections 12-20-105 and 24-79.5-102.
(2) Reinstatement. (a) If a licensee, registrant, or certificate holder does not
renew his or her license, registration, or certificate within the sixty-day grace period pursuant to subsection (1)(e) of this section, the license, registration, or certificate is treated as an expired license, registration, or certificate, and the licensee, registrant, or certificate holder is ineligible to practice until the license, registration, or certificate is reinstated.
(b) The regulator shall reinstate the expired license, certificate, or
registration of any active military personnel, including any National Guard member or reservist who is currently on active duty for a minimum of thirty days, and any veteran who has not been dishonorably discharged, if the military personnel or veteran meets the requirements of this subsection (2).
(c) The regulator, in its discretion and pursuant to its authority, may reinstate
an expired license, registration, or certificate of any person other than the active military personnel or veterans specified in subsection (2)(b) of this section pursuant to the following requirements:
(I) (A) The licensee, registrant, or certificate holder submits an application
for reinstatement of the license, registration, or certificate to the regulator sixty days or more after the date of expiration, and the licensee, registrant, or certificate holder complies with all requirements of the applicable part or article of this title 12.
(B) If the licensee, registrant, or certificate holder practiced with an expired
license, registration, or certificate, the regulator may impose disciplinary actions against the licensee, registrant, or certificate holder.
(II) If the license, registration, or certificate has been expired for more than
two years, the person with the expired license, registration, or certificate shall pay all applicable renewal and reinstatement fees and shall satisfactorily demonstrate to the regulator that the person is competent to practice within his or her profession. The regulator, as it deems appropriate, shall accept one or more of the following as a demonstration of competency to practice:
(A) A license, registration, or certificate from another state that is in good
standing for the applicant where the applicant demonstrates active practice;
(B) Practice for a specified time under a restricted license, registration, or
certificate;
(C) Successful completion of prescribed remedial courses ordered by the
regulator that are within the authority of the regulator to require;
(D) Successful completion of any continuing education or continuing
competency requirements prescribed by the regulator that are within the authority of the regulator to require;
(E) Passage of an examination for licensure, registration, or certification as
approved by the regulator that the regulator has the authority to require; or
(F) Other professional standards or measures of continued competency as
determined by the regulator.
(III) The regulator may waive the requirements for reinstatement of an
expired license, registration, or certificate by an applicant who demonstrates hardship, so long as the regulator considers the protection of the public in the hardship petition.
(3) Occupational credential portability program - definitions. (a) There is
hereby created in the division the occupational credential portability program by which a regulator may approve an application for licensure, certification, registration, or enrollment by endorsement, reciprocity, or transfer. Each regulator shall strive to reduce barriers for applicants under the occupational credential portability program, including through reciprocity agreements, compacts, or other means to expedite licensure, certification, registration, or enrollment and shall adopt rules to implement the program in the least burdensome way necessary to protect the public. Unless there are specific reasons to withhold a license, certification, registration, or enrollment, a regulator shall issue a license, certification, registration, or enrollment, as applicable, to an applicant who meets the requirements of this subsection (3) and rules adopted by the regulator pursuant to this subsection (3).
(b) (I) Except as specified in subsections (3)(c) and (3)(f) of this section, a
person duly licensed, certified, registered, or enrolled in good standing in another state or United States territory or through the federal government to practice a particular profession or occupation, or who holds a military occupational specialty, as defined in section 24-4-201, is, upon application to the division for licensure, certification, registration, or enrollment in that profession or occupation in this state, entitled to the issuance of the applicable license, certification, registration, or enrollment if all of the following apply:
(A) Submission of satisfactory proof to the regulator, under penalty of
perjury, of the applicant's substantially equivalent experience or credentials, as required by the part or article of this title 12 that regulates the applicable profession or occupation, or satisfactory proof that the applicant has held for at least one year a current and valid license, certification, registration, or enrollment under a jurisdiction with a scope of practice that is substantially similar to the scope of practice of the profession or occupation as specified in this title 12 and that the applicant has not committed an act that would be grounds for disciplinary action under the law governing the applicable profession or occupation;
(B) Payment of applicable fees established pursuant to section 12-20-105;
and
(C) Compliance with any other applicable requirement, including passing an
exam, of the part or article of this title 12 that regulates the applicable profession or occupation.
(II) For the purposes of this subsection (3)(b), in good standing means that
a license, certification, registration, or enrollment has not been revoked or suspended and against which there are no outstanding disciplinary or adverse actions.
(c) An applicant is not entitled to licensure, certification, registration, or
enrollment pursuant to this subsection (3) if the regulator demonstrates by a preponderance of evidence, after notice and opportunity for a hearing, that the applicant:
(I) Lacks the requisite substantially equivalent education, experience, or
credentials to practice the applicable profession or occupation; or
(II) Has committed an act that would be grounds for disciplinary action under
the law governing the applicable profession or occupation.
(d) A regulator may specify by rule what constitutes substantially equivalent
experience or credentials and, unless otherwise prohibited by this title 12, shall allow an applicant for certification, registration, or licensure by endorsement to demonstrate competency in a specific profession or occupation as determined by the regulator in lieu of a requirement that the applicant has worked or practiced in that profession or occupation for a period of time prior to the application for endorsement.
(d.5) Nothing in this subsection (3) prohibits a person from applying for an
occupational license, registration, or certification pursuant to another statute or rule.
(e) Subsections (3)(a) to (3)(d) of this section do not apply to the following
professions or occupations:
(I) Combative sports, regulated pursuant to article 110 of this title 12;
(II) Electricians, regulated pursuant to article 115 of this title 12;
(II.5) Engineers, surveyors, and architects, regulated pursuant to article 120
of this title 12;
(III) Repealed.
(IV) Mortuaries and crematories, regulated pursuant to article 135 of this
title 12;
(V) Nontransplant tissue banks, regulated pursuant to article 140 of this title
12;
(VI) Outfitters and guides, regulated pursuant to article 145 of this title 12;
(VII) Passenger tramways, regulated pursuant to article 150 of this title 12;
(VIII) Plumbers, regulated pursuant to article 155 of this title 12;
(IX) Repealed.
(IX.5) Dental therapists, regulated pursuant to article 220 of this title 12;
(X) Direct-entry midwives, regulated pursuant to article 225 of this title 12;
or
(XI) Surgical assistants and surgical technologists, regulated pursuant to
article 310 of this title 12.
(f) (I) Except as specified in subsection (3)(f)(III) of this section, a military
spouse, gold star military spouse, military dependent, or spouse or dependent of any other qualified servicemember duly licensed, certified, registered, or enrolled in good standing in another state or United States territory to practice a particular profession or occupation is, upon application to the division for licensure, certification, registration, or enrollment in that profession or occupation in this state, entitled to the issuance of a license, certification, registration, or enrollment upon submission of satisfactory proof to the regulator, under penalty of perjury, of the applicant's active license, certification, registration, or enrollment in another state or United States territory in good standing.
(II) As used in this subsection (3)(f):
(A) Gold star military spouse or gold star spouse means the spouse of a
servicemember, which servicemember died while on military orders, who was relocated to Colorado.
(B) In good standing means that a license, certification, registration, or
enrollment has not been revoked, expired, or suspended and against which there are no outstanding disciplinary or adverse actions.
(C) Military dependent means the dependent of a servicemember serving in
the United States uniformed services who was relocated to Colorado.
(D) Military spouse or spouse means the spouse of a servicemember
serving in the United States uniformed services who was relocated to Colorado.
(E) Relocated means that a servicemember in the United States uniformed
services and the servicemember's spouse or dependent have, or the servicemember's gold star spouse has, moved to Colorado, as a result of: An assignment to a duty station in Colorado; a reassignment, either as a result of a permanent change of station or permanent change of assignment to Colorado, between two duty stations; or a transfer from a regular component of a uniformed service into a selected reserve of the Ready Reserve of a uniformed service, if the member is authorized to make a final move from the member's last duty station to Colorado.
(F) Servicemember means a member of the uniformed services, as defined
in 10 U.S.C. sec. 101 (a)(5).
(III) An applicant is not entitled to licensure, certification, registration, or
enrollment pursuant to this subsection (3)(f) if approving the licensure, certification, registration, or enrollment would violate an existing compact or reciprocity agreement or if the regulator demonstrates by a preponderance of evidence, after notice and opportunity for a hearing, that the applicant's license, certification, registration, or enrollment issued by another state or United States territory is not in good standing.
(IV) Notwithstanding any provision of law to the contrary:
(A) A license, certification, registration, or enrollment issued to a military
spouse, a gold star military spouse, a military dependent, or the spouse or dependent of any other qualified servicemember pursuant to this subsection (3)(f) is valid for six years after the date of issuance and may be renewed.
(B) Each regulator shall waive the application fee for single state licenses,
certifications, registrations, or enrollments issued pursuant to this subsection (3)(f).
(4) Military personnel. A regulator shall, upon presentation of satisfactory
evidence by an applicant for licensure, certification, or registration, accept education, training, or service completed by an individual as a member of the armed forces or reserves of the United States, the National Guard of any state, the military reserves of any state, or the naval militia of any state toward the qualifications to receive the license, certification, or registration. Each regulator shall promulgate rules to implement this subsection (4).
(5) Criminal convictions. (a) Unless there is a specific statutory
disqualification that prohibits an applicant from obtaining licensure, certification, or registration based on a criminal conviction, if a regulator determines that an applicant for licensure, certification, or registration has a criminal record, the regulator is governed by sections 12-20-206 and 24-5-101 for purposes of granting or denying, or placing any conditions on, licensure, certification, or registration.
(b) A regulator may require an applicant for a license, certification, or
registration issued pursuant to the following sections to submit to a fingerprint-based criminal history record check:
(I) A funeral director licensed pursuant to parts 5 and 6 of article 135 of this
title 12;
(II) A mortuary science practitioner licensed pursuant to parts 5 and 7 of
article 135 of this title 12;
(III) An embalmer licensed pursuant to parts 5 and 8 of article 135 of this
title 12;
(IV) A cremationist licensed pursuant to parts 5 and 9 of article 135 of this
title 12;
(V) A natural reductionist licensed pursuant to parts 5 and 9 of article 135 of
this title 12;
(VI) An audiologist licensed pursuant to article 210 of this title 12;
(VII) A dental hygienist licensed pursuant to sections 12-220-405 to 12-220-407;
(VIII) A dentist licensed pursuant to sections 12-220-401 to 12-220-404;
(IX) A physician assistant licensed pursuant to section 12-240-113;
(X) A social worker licensed pursuant to part 4 of article 245 of this title 12;
(XI) A licensed professional counselor licensed pursuant to part 6 of article
245 of this title 12;
(XII) A certified midwife licensed pursuant to section 12-255-111.5;
(XIII) An occupational therapist licensed pursuant to sections 12-270-106 (1)
and 12-270-107;
(XIV) An occupational therapy assistant licensed pursuant to sections 12-270-106 (2) and 12-270-108; or
(XV) A speech-language pathologist certified pursuant to article 305 of this
title 12.
(c) An applicant submitting to a fingerprint-based criminal history record
check pursuant to subsection (5)(b) of this section must pay the costs associated with the fingerprint-based criminal history record check.
(d) After submitting an application for a license, certification, or registration,
if the applicant submits to a fingerprint-based criminal history record check, the applicant shall have the applicant's fingerprints taken by a local law enforcement agency or a third party approved by the Colorado bureau of investigation. The applicant shall authorize the entity taking the applicant's fingerprints to submit, and the entity shall submit, the complete set of the applicant's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.
(e) If an approved third party takes the applicant's fingerprints, the
fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. A third-party vendor shall not keep the applicant's information for more than thirty days after the information is collected.
(f) The Colorado bureau of investigation shall use the applicant's fingerprints
to conduct a criminal history record check using the bureau's records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, the applicant, the department, and the entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check.
(g) The Colorado bureau of investigation shall return the results of its
criminal history record check to the department, and the department is authorized to receive the results of the federal bureau of investigation's criminal history record check. The department shall use the information resulting from the criminal history record checks to investigate and determine whether an applicant is qualified to hold a license, certification, or registration pursuant to this section and the following section for the following applicant or licensee:
(I) Section 12-135-503 for a cremationist, an embalmer, a funeral director, a
mortuary science practitioner, or a natural reductionist;
(II) Section 12-210-108 for an audiologist;
(III) Section 12-220-201 for a dentist or a dental hygienist;
(IV) Section 12-240-121 for a physician assistant;
(V) Section 12-245-224 for a licensed professional counselor or a social
worker;
(VI) Section 12-255-120 for a certified midwife;
(VII) Section 12-270-114 for an occupational therapist or an occupational
therapy assistant; or
(VIII) Section 12-305-112 for a speech-language pathologist.
(h) When the results of a criminal history record check of an applicant
performed pursuant to this section reveal a record of arrest without a disposition, the department shall require the applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.
(5.5) Driver's history. A regulator shall not consider an event in an
applicant's driver's history when determining whether to issue to the applicant a new, renewal, reactivated, or reinstated license, certification, or registration unless:
(a) The event is relevant to the performance of the profession or occupation
that is the subject of the application; and
(b) (I) The operation of a motor vehicle is a duty of the profession or
occupation that is the subject of the application;
(II) The event is a part of a pattern of behavior that is relevant to the
performance of the profession or occupation that is the subject of the application; or
(III) The event occurred within three years before the date that the applicant
submitted the application to the regulator.
(6) Executive director authority. (a) Form of license, certification, or
registration. The executive director, after consultation with the regulator concerned, shall determine the form and content of any license, certification, or registration issued by the regulator, including any document evidencing renewal of a license, certification, or registration.
(b) Review of examinations and procedures. Notwithstanding any entity
status as a type 1 entity, as defined in section 24-1-105, the executive director may review any examination or procedure for granting a license, certification, or registration by any regulator prior to the execution of the examination or procedure. After the review, if the executive director has reason to believe the examination or procedure is unfair to the applicants or unreasonable in content, the executive director shall call on five people licensed, certified, or registered in the occupation or profession to review the examination or procedure jointly with the executive director. The executive director and the licensees, certificate holders, or registrants, acting jointly, may make findings of fact and recommendations to the regulator concerning any examination or procedure. The findings of fact and recommendations are public documents.
(c) Employment of administrative law judges. Notwithstanding any entity
status as a type 1 entity, as defined in section 24-1-105, the executive director may employ an administrative law judge, and may require any regulator to use an administrative law judge in lieu of a hearing by the regulator, to conduct hearings on any matter within the jurisdiction of the regulator, subject to appropriations made to the department of personnel. Administrative law judges are appointed pursuant to part 10 of article 30 of title 24. An administrative law judge employed pursuant to this subsection (6)(c) shall conduct hearings in accordance with section 24-4-105, and the administrative law judge has the authority specified in section 24-4-105.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
735, � 1, effective October 1. L. 2020: (3) amended, (HB 20-1326), ch. 126, p. 528, � 4, effective June 25. L. 2021: (3)(e)(III) repealed, (SB 21-266), ch. 423, p. 2796, � 9, effective July 2; (5.5) added, (SB 21-040), ch. 59, p. 239, � 2, effective September 7. L. 2022: IP(3)(b)(I), (3)(b)(I)(A), IP(3)(c), and (3)(c)(I) amended and (3)(d.5) and (3)(e)(II.5) added, (SB 22-116), ch. 146, p. 949, � 2, effective August 10; (3)(e)(IX) repealed, (SB 22-212), ch. 421, p. 2967, � 20, effective August 10; (3)(e)(IX.5) added, (SB 22-219), ch. 381, p. 2723, � 27, effective January 1, 2023. L. 2023: (6)(b) and (6)(c) amended, (HB 23-1301), ch. 303, p. 1817, � 11, effective August 7. L. 2024: (5) amended, (HB 24-1004), ch. 371, p. 2497, � 2, effective August 7; (1)(b) and (3)(f) amended, (HB 24-1097), ch. 70, p. 231, � 3, effective September 1. L. 2025: (5) amended, (SB 25-146), ch. 342, p. 1849, � 1, effective June 2.
Editor's note: Subsection (1)(a) is similar to former � 12-5.5-202 (2);
subsection (1)(b) is similar to former � 24-34-102 (8)(a); subsection (1)(c) is similar to former � 24-34-102 (7); subsection (1)(d) is similar to former � 24-34-102 (8)(b); subsection (1)(e) is similar to former � 24-34-102 (8)(c); subsection (2) is similar to former � 24-34-102 (8)(d); subsection (3) is similar to former � 24-34-102 (8)(e); subsection (4) is similar to former � 24-34-102 (8.5); subsection (5) is similar to former � 24-34-102 (8.7); subsection (6)(a) is similar to former � 24-34-102 (10); subsection (6)(b) is similar to former � 24-34-102 (11); and subsection (6)(c) is similar to former � 24-34-102 (12), as those sections existed prior to 2019.
Cross references: (1) For the short title (Red Tape Reduction Act) and the
legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020. For the short title (Red Tape Reduction Act of 2022) in SB 22-116, see section 1 of chapter 146, Session Laws of Colorado 2022. For the short title (Military Family Employment Support Act) and the legislative declaration in HB 24-1097, see sections 1 and 2 of chapter 70, Session Laws of Colorado 2024.
(2) For the legislative declaration in SB 22-219, see section 1 of chapter 381,
Session Laws of Colorado 2022.
C.R.S. § 12-20-404
12-20-404. Disciplinary actions - regulator powers - disposition of fines - mistreatment of at-risk adult - exceptions - definitions. (1) General disciplinary authority. If a regulator determines that an applicant, licensee, certificate holder, or registrant has committed an act or engaged in conduct that constitutes grounds for discipline or unprofessional conduct under a part or article of this title 12 governing the particular profession or occupation, the regulator may:
(a) Issue a letter of admonition in accordance with subsection (4) of this
section;
(b) (I) Place a licensee, certificate holder, or registrant on probation, except
as provided in subsection (1)(b)(II) of this section.
(II) A regulator is not authorized under this subsection (1)(b) to impose
probation on a licensee, certificate holder, or registrant regulated under the following:
(A) Article 150 of this title 12 concerning passenger tramways;
(B) Repealed.
(C) Article 255 of this title 12 concerning nurse aides; or
(D) Article 310 of this title 12 concerning surgical assistants and surgical
technologists.
(c) (I) Impose an administrative fine, subject to any limitations or
requirements specified in the part or article of this title 12 governing a particular profession or occupation and except as provided in subsection (1)(c)(II) of this section.
(II) A regulator is not authorized under this subsection (1)(c) to impose a fine
on a licensee, certificate holder, or registrant regulated under the following:
(A) Repealed.
(B) Article 140 of this title 12 concerning nontransplant tissue banks;
(C) Repealed.
(D) Article 205 of this title 12 concerning athletic trainers;
(E) Article 255 of this title 12 concerning nurse aides;
(F) Article 265 of this title 12 concerning nursing home administrators;
(G) Article 270 of this title 12 concerning occupational therapists and
occupational therapy assistants;
(H) Article 300 of this title 12 concerning respiratory therapists; or
(I) Article 310 of this title 12 concerning surgical assistants and surgical
technologists.
(d) (I) Deny, refuse to renew, revoke, or suspend the license, certification, or
registration of an applicant, licensee, certificate holder, or registrant, except as provided in subsection (1)(d)(II) of this section.
(II) A regulator is not authorized under this subsection (1)(d) to refuse to
renew the license, certification, or registration of a licensee, certificate holder, or registrant regulated under the following:
(A) Article 105 of this title 12 concerning barbers and cosmetologists;
(B) Article 110 of this title 12 concerning combative sports;
(C) Repealed.
(D) Article 140 of this title 12 concerning nontransplant tissue banks;
(E) Article 145 of this title 12 concerning outfitters and guides;
(F) Repealed.
(G) Article 200 of this title 12 concerning acupuncturists;
(H) Article 225 of this title 12 concerning direct-entry midwives;
(I) Article 240 of this title 12 concerning medical practice;
(J) Article 250 of this title 12 concerning naturopathic doctors;
(J.5) Article 255 of this title 12 concerning nurses and certified midwives;
(K) Article 255 of this title 12 concerning nurse aides;
(L) Article 305 of this title 12 concerning speech-language pathologists; or
(M) [Editor's note: This version of subsection (1)(d)(II)(M) is effective until
January 1, 2026.] Article 315 of this title 12 concerning veterinarians and veterinary technicians.
(M) [Editor's note: This version of subsection (1)(d)(II)(M) is effective January
1, 2026.] Article 315 of this title 12 concerning veterinarians, veterinary technicians, and veterinary professional associates.
(2) Deferral precluded. (a) When a complaint or investigation discloses an
instance of misconduct that, in the opinion of a regulator, warrants formal action, the regulator shall not resolve the complaint by a deferred settlement, action, judgment, or prosecution.
(b) This subsection (2) does not apply to the following:
(I) Repealed.
(II) Article 140 of this title 12 concerning nontransplant tissue banks;
(III) Article 150 of this title 12 concerning passenger tramways; and
(IV) Article 255 of this title 12 concerning nurse aides.
(3) Waiting period after revocation or surrender. (a) (I) Except as provided in
subsections (3)(a)(III) and (3)(c) of this section, a person whose license, certification, or registration to practice a profession or occupation under this title 12 is revoked is ineligible to apply for a new license, certification, or registration under the part or article of this title 12 that governs the particular profession or occupation for two years after the date of revocation of the license, certification, or registration.
(II) In addition, the waiting period specified in subsection (3)(a)(I) of this
section applies when a person regulated under any of the following articles surrenders a license, certification, or registration to avoid discipline:
(A) Article 105 of this title 12 concerning barbers and cosmetologists;
(B) Article 145 of this title 12 concerning outfitters and guides;
(C) Repealed.
(C.5) Article 165 of this title 12 concerning radon professionals;
(D) Article 200 of this title 12 concerning acupuncturists;
(D.5) Article 205 of this title 12 concerning athletic trainers;
(E) Article 210 of this title 12 concerning audiologists;
(F) Article 230 of this title 12 concerning hearing aid providers;
(G) Article 235 of this title 12 concerning massage therapists;
(H) Article 240 of this title 12 concerning medical practice;
(I) Article 250 of this title 12 concerning naturopathic doctors;
(J) Article 255 of this title 12 concerning nurses, certified midwives, and
nurse aides;
(K) Article 270 of this title 12 concerning occupational therapists and
occupational therapy assistants;
(L) Article 285 of this title 12 concerning physical therapists and physical
therapist assistants;
(M) Article 300 of this title 12 concerning respiratory therapists;
(N) Article 305 of this title 12 concerning speech-language pathologists; and
(O) Article 310 of this title 12 concerning surgical assistants and surgical
technologists.
(III) (A) For a person whose license as a nursing home administrator issued
under article 265 of this title 12 is revoked, the person is ineligible to apply for a new nursing home administrator license under that article for one year after the date of revocation.
(B) For a person whose license, certification, or registration as a mental
health professional issued under article 245 of this title 12 is revoked, or who surrenders the license, certification, or registration to avoid discipline, the person is ineligible to apply for a new license, certification, or registration under that article for three years after the date of revocation or surrender.
(b) This subsection (3) applies to a person enrolled as an engineer-intern
pursuant to part 2 of article 120 of this title 12 or as a land surveyor-intern under part 3 of article 120 of this title 12.
(c) This subsection (3) does not apply to the following:
(I) Article 110 of this title 12 concerning combative sports;
(II) Repealed.
(III) Article 140 of this title 12 concerning nontransplant tissue banks;
(IV) Article 150 of this title 12 concerning passenger tramways;
(V) Repealed.
(VI) Article 215 of this title 12 concerning chiropractors; and
(VII) Repealed.
(VIII) Article 295 of this title 12 concerning psychiatric technicians.
(IX) Repealed.
(4) Letter of admonition. (a) When a complaint or investigation discloses an
instance of misconduct that, in the opinion of a regulator, does not warrant formal action by the regulator but that should not be dismissed as being without merit, the regulator may issue and send a letter of admonition to the licensee, certificate holder, or registrant.
(b) (I) When a regulator sends a letter of admonition to a licensee, certificate
holder, or registrant pursuant to subsection (4)(a) of this section, the regulator shall also advise the licensee, certificate holder, or registrant that the person has the right to request in writing, within twenty days after receipt of the letter, that the regulator initiate formal disciplinary proceedings to adjudicate the propriety of the conduct upon which the letter of admonition is based.
(II) If the licensee, certificate holder, or registrant timely requests
adjudication, the regulator shall vacate the letter of admonition and shall process the matter by means of formal disciplinary proceedings.
(c) Repealed.
(5) Confidential letter of concern. (a) When a complaint or investigation
discloses an instance of conduct that does not warrant formal action by a regulator and, in the opinion of the regulator, should be dismissed, but the regulator has noticed indications of possible errant conduct by the licensee, certificate holder, or registrant that could lead to serious consequences if not corrected, the regulator may or shall, in accordance with the part or article of this title 12 governing the particular profession or occupation, send the licensee, certificate holder, or registrant a confidential letter of concern.
(b) This subsection (5) does not apply to the following:
(I) Repealed.
(II) Article 140 of this title 12 concerning nontransplant tissue banks; and
(III) Article 150 of this title 12 concerning passenger tramways.
(IV) and (V) Repealed.
(6) Disposition of fines. (a) Except as specified in subsection (6)(b) of this
section, a regulator shall transmit all fines collected pursuant to a part or article of this title 12 to the state treasurer, who shall credit them to the general fund.
(b) The disposition of fines collected by:
(I) The state electrical board is governed by section 12-115-122 (5)(a);
(II) The director for violations of laws governing the activities of outfitters
and guides is governed by section 12-145-110 (3); and
(III) The state plumbing board is governed by section 12-155-123 (4)(a).
(7) Mistreatment of at-risk adult. A licensee, certificate holder, or registrant
substantiated in a case of mistreatment of an at-risk adult while performing professional duties shall provide the licensee's, certificate holder's, or registrant's professional license number to county adult protective services, upon request.
(8) Discipline based solely on marijuana activity. (a) Notwithstanding
subsection (1) of this section or any other provision in this title 12, a regulator shall not deny licensure, certification, or registration to an applicant or impose disciplinary action against a licensee, certificate holder, or registrant pursuant to subsection (1) of this section based solely on:
(I) A civil or criminal judgment against the applicant, licensee, certificate
holder, or registrant regarding the consumption, possession, cultivation, or processing of marijuana, if the underlying action:
(A) Was lawful and consistent with professional conduct and standards of
care within Colorado; and
(B) Did not otherwise violate Colorado law;
(II) Previous professional disciplinary action concerning the applicant's,
licensee's, certificate holder's, or registrant's professional licensure in this or any other state or territory of the United States, if the professional disciplinary action:
(A) Was based solely on the applicant's, licensee's, certificate holder's, or
registrant's consumption, possession, cultivation, or processing of marijuana; and
(B) Did not otherwise violate Colorado law.
(b) As used in this section, unless the context otherwise requires:
(I) Civil judgment means a final court decision and order resulting from a
civil lawsuit or a settlement in lieu of a final court decision.
(II) Criminal judgment means a guilty verdict, a plea of guilty, a plea of nolo
contendere, or a deferred judgment or sentence.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
744, � 1, effective October 1. L. 2020: (1)(b)(II)(C), (1)(c)(II)(E), (1)(d)(II)(K), (2)(b)(IV), and (3)(a)(II)(J) amended and (3)(c)(VII) repealed, (HB 20-1183), ch.157, p. 695, � 34, effective July 1; (1)(d)(II)(J.5) added, (HB 20-1216), ch. 190, p. 878, � 22, effective July 1; (1)(c)(II)(A), (1)(d)(II)(C), (2)(b)(I), (3)(c)(II), and (5)(b)(I) repealed, (HB 20-1286), ch. 269, p. 1312, � 8, effective July 10. L. 2021: (1)(b)(II)(B), (3)(c)(V), and (5)(b)(IV) repealed, (3)(a)(II)(D.5) added, and (4)(c) amended, (SB 21-147), ch. 174, p. 950, � 2, effective September 1; (3)(a)(II)(M), (3)(a)(II)(N), (3)(c)(VI), (3)(c)(VIII), (4)(c), (5)(b)(III), and (5)(b)(IV) amended, (3)(a)(II)(O) added, and (3)(c)(IX) and (5)(b)(V) repealed, (SB 21-092), ch. 139, p. 781, � 3, effective September 1; IP(4)(c) repealed, (SB 21-266), ch. 423, p. 2796, � 10, effective September 1; (3)(a)(II)(C.5) added, (HB 21-1195), ch. 398, p. 2645, � 3, effective September 7; (7) added, (HB 21-1123), ch. 106, p. 429, � 6, effective September 7. L. 2022: (1)(d)(II)(F) and (3)(a)(II)(C) repealed, (SB 22-212), ch. 421, p. 2967, � 21, effective August 10; (1)(d)(II)(M) amended, (HB 22-1235), ch. 442, p. 3101, � 3, effective August 10; (1)(c)(II)(C) repealed, (HB 22-1263), ch. 254, p. 1849, � 3, effective September 1. L. 2023: (8) added, (SB 23-265), ch. 252, p. 1433, � 1, effective May 24; (1)(d)(II)(J.5) and (3)(a)(II)(J) amended, (SB 23-167), ch. 261, p. 1531, � 22, effective May 25. Initiated 2024: (1)(d)(II)(M) amended, Proposition 129, effective January 1, 2026, see L. 2025, p. 3619.
Editor's note: (1) This section is similar to former � 12-5.5-302 as it existed
prior to 2019.
(2) (a) Amendments to subsections IP(4)(c) and (4)(c) by SB 21-092, SB 21-147, and SB 21-266 were harmonized.
(b) Amendments to subsection (5)(b)(IV) by SB 21-092 and SB 21-147 were
harmonized.
(3) Subsection (1)(d)(II)(M) was changed by Proposition 129, effective January
1, 2026, see L. 2025, p. 3619. The measure was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024. The vote count for the measure was as follows:
FOR: 1,572,545
AGAINST: 1,407,814
Cross references: For the legislative declaration in HB 20-1216, see section 1
of chapter 190, Session Laws of Colorado 2020.
C.R.S. § 12-20-407
12-20-407. Unauthorized practice of profession or occupation - penalties - exclusions. (1) (a) A person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 if the person:
(I) Violates section 12-100-112 or 12-100-116 (1)(a);
(II) Engages in or offers or attempts to engage in the conduct, promotion, or
performance of live boxing matches without an active license or permit issued under article 110 of this title 12;
(III) Repealed.
(IV) Engages in or works at or offers or attempts to engage in or work at the
business, trade, or calling of a residential, journeyworker, master, or apprentice plumber; a water conditioning contractor; a water conditioning installer; or a water conditioning principal without an active license, permit, or registration issued under article 155 of this title 12; or
(V) Practices or offers or attempts to practice any of the following
professions or occupations without an active license, certification, or registration issued under the part or article of this title 12 governing the particular profession or occupation:
(A) Barbering, hairstyling, esthetics, manicuring, or cosmetology, as
regulated under article 105 of this title 12;
(B) The profession of an electrician, as regulated under article 115 of this title
12;
(C) Professional engineering, as regulated under article 120 of this title 12;
(D) Professional land surveying, as regulated under article 120 of this title 12;
(E) Architecture, as regulated under article 120 of this title 12;
(F) Landscape architecture, as regulated under article 130 of this title 12;
(G) Acupuncture, as regulated under article 200 of this title 12;
(H) Audiology, as regulated under article 210 of this title 12;
(I) Chiropractic, as regulated under article 215 of this title 12;
(J) Dentistry, dental therapy, or dental hygiene, as regulated under article
220 of this title 12;
(K) Direct-entry midwifery, as regulated under article 225 of this title 12;
(L) Practice as a hearing aid provider or engages in the practice of
dispensing, fitting, or dealing in hearing aids, as regulated under article 230 of this title 12;
(M) Medicine, practice as a physician assistant, or practice as an
anesthesiologist assistant, as regulated under article 240 of this title 12;
(N) Practice as a psychologist, social worker, marriage and family therapist,
licensed professional counselor, unlicensed psychotherapist, or addiction counselor, as regulated under article 245 of this title 12;
(O) Practical or professional nursing or practice as a certified midwife, as
regulated under article 255 of this title 12;
(P) Nursing home administration, as regulated under article 265 of this title
12;
(Q) Optometry, as regulated under article 275 of this title 12;
(R) Pharmacy or as a pharmacy technician, as regulated under article 280 of
this title 12;
(S) Physical therapy, as regulated under part 1 of article 285 of this title 12;
(T) Podiatry, as regulated under article 290 of this title 12;
(U) Practice as a psychiatric technician, as regulated under article 295 of
this title 12;
(V) Respiratory therapy, as regulated under article 300 of this title 12;
(W) [Editor's note: This version of subsection (1)(a)(V)(W) is effective until
January 1, 2026.] Veterinary medicine or as a veterinary technician, as regulated under article 315 of this title 12; or
(W) [Editor's note: This version of subsection (1)(a)(V)(W) is effective January
1, 2026.] Veterinary medicine or as a veterinary technician or veterinary professional associate, as regulated under article 315 of this title 12; or
(X) Facilitating natural medicine services, as regulated under article 170 of
this title 12.
(b) A person commits a class 2 misdemeanor and shall be punished as
provided in section 18-1.3-501 if the person engages in any of the following activities:
(I) Repealed.
(II) Practices or offers or attempts to practice athletic training without an
active registration issued under article 205 of this title 12;
(III) Practices or offers or attempts to practice massage therapy without an
active license issued under article 235 of this title 12 or knowingly aids or abets the unlicensed practice of massage therapy;
(IV) Practices or offers or attempts to practice occupational therapy without
an active license as required by and issued under article 270 of this title 12 for occupational therapists or occupational therapy assistants;
(V) Practices or offers or attempts to practice speech-language pathology
without an active certification issued under article 305 of this title 12;
(VI) Performs the duties of a surgical assistant or surgical technologist
without being registered under article 310 of this title 12; or
(VII) Conducts radon measurement or radon mitigation, claims to be a radon
measurement professional or radon mitigation professional, or uses the title radon measurement professional or radon mitigation professional or any other title suggesting that the individual is qualified to perform radon measurement or radon mitigation without an active license issued under article 165 of this title 12.
(c) A person who practices or offers or attempts to practice as a
naturopathic doctor without an active registration issued under article 250 of this title 12 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
(d) A person who violates section 12-285-202 or 12-285-203 without an
active certification issued under part 2 of article 285 of this title 12 to practice as a physical therapist assistant commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
(e) A person commits a class 6 felony and shall be punished as provided in
section 18-1.3-401 if the person practices or offers or attempts to practice any of the following professions or occupations and intentionally and fraudulently represents oneself as a licensed, certified, or registered professional or practitioner of any of the following:
(I) Professional engineering, as regulated pursuant to article 120 of this title
12;
(II) Architecture, as regulated pursuant to article 120 of this title 12;
(III) Audiology, as regulated pursuant to article 210 of this title 12;
(IV) Dentistry, as regulated pursuant to article 220 of this title 12;
(V) Direct-entry midwifery, as regulated pursuant to article 225 of this title
12;
(VI) Medicine, practice as a physician assistant, or practice as an
anesthesiologist assistant, as regulated pursuant to article 240 of this title 12;
(VII) Professional nursing or practice as a certified midwife, as regulated
pursuant to article 255 of this title 12;
(VIII) Nursing home administration, as regulated pursuant to article 265 of
this title 12;
(IX) Optometry, as regulated pursuant to article 275 of this title 12;
(X) Pharmacy or as a pharmacy technician, as regulated pursuant to article
280 of this title 12; or
(XI) Respiratory therapy, as regulated pursuant to article 300 of this title 12.
(2) The penalties for:
(a) Engaging in unauthorized activities regarding mortuaries and crematories
are governed by section 12-135-108;
(b) Violating article 140 of this title 12 concerning nontransplant tissue banks
are governed by section 12-140-108;
(c) Engaging in unauthorized activities regarding passenger tramways are
governed by section 12-150-108 (4);
(d) Engaging in unauthorized activities regarding nurse aide practice are
governed by section 12-255-215; and
(e) Providing, or offering or attempting to provide, outfitting services without
an active registration issued under article 145 of this title 12 are governed by section 33-6-113.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
753, � 1, effective October 1; (1)(a)(V)(R) amended, (HB 19-1242), ch. 434, p. 3756, � 16, effective October 1. L. 2020: (2)(d) amended, (HB 20-1183), ch. 157, p. 696, � 36, effective July 1; (1)(a)(V)(N) amended, (HB 20-1206), ch. 304, p. 1544, � 43, effective July 14. L. 2021: (1)(b)(V) and (1)(b)(VI) amended and (1)(b)(VII) added, (HB 21-1195), ch. 398, p. 2645, � 4, effective September 7; IP(1)(a) and IP(1)(b) amended, (SB 21-271), ch. 462, p. 3154, � 140, effective March 1, 2022. L. 2022: (1)(e) added, (HB 22-1257), ch. 69, p. 351, � 1, effective April 7; (1)(a)(V)(W) amended, (HB 22-1235), ch. 442, p. 3101, � 4, effective August 10; (1)(b)(I) repealed, (SB 22-212), ch. 421, p. 2968, � 22, effective August 10; (1)(a)(V)(J) amended, (SB 22-219), ch. 381, p. 2723, � 29, effective January 1, 2023. L. 2023: (1)(a)(V)(O), IP(1)(e), and (1)(e)(VII) amended, (SB 23-167), ch. 261, p. 1531, � 24, effective May 25; (1)(a)(V)(V) and (1)(a)(V)(W) amended and (1)(a)(V)(X) added, (SB 23-290), ch. 249, p. 1388, � 17, effective July 1. L. 2024: IP(1)(e) amended, (HB 24-1450), ch. 490, p. 3407, � 18, effective August 7; (1)(a)(IV) amended, (HB 24-1344), ch. 343, p. 2330, � 27, effective July 1, 2025. Initiated 2024: (1)(a)(V)(W) amended, Proposition 129, effective January 1, 2026, see L. 2025, p. 3619. L. 2025: (1)(a)(III) repealed, (2)(c) and (2)(d) amended, and (2)(e) added, (SB 25-174), ch. 310, p. 1615, � 8, effective August 6.
Editor's note: (1) Subsection (1)(a) is similar to former � 12-23-119 (2);
subsection (1)(b) is similar to former � 12-58.5-104 (2); subsection (1)(c) is similar to former � 12-37.3-113; and subsection (1)(d) is similar to former � 12-41-216, as those sections existed prior to 2019.
(2) Subsection (1)(a)(V)(W) was changed by Proposition 129, effective January
1, 2026, see L. 2025, p. 3619. The measure was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024. The vote count for the measure was as follows:
FOR: 1,572,545
AGAINST: 1,407,814
Cross references: For the legislative declaration in SB 22-219, see section 1
of chapter 381, Session Laws of Colorado 2022.
C.R.S. § 13-1-302
13-1-302. Definitions. As used in this part 3, unless the context otherwise requires:
(1) Commission means the underfunded courthouse facility cash fund
commission created in section 13-1-303.
(2) Court security cash fund commission means the court security cash
fund commission created in section 13-1-203.
(3) Fund means the underfunded courthouse facility cash fund created in
section 13-1-304.
(4) Imminent closure of a court facility means a court facility with health,
life, or safety issues that impact court employees or other court users and that is designated for imminent closure by the state court administrator in consultation with the state's risk management system or other appropriate professionals. Health, life, or safety issues include air quality issues, water intrusion problems, temperature control issues, structural conditions that cannot reasonably be mitigated, fire hazards, electrical hazards, and utility problems. Certain health, life, or safety issues may require additional third-party evaluations such as an environmental or structural engineering review.
(5) Master planning means entering into contracts for professional design
services or engineering consulting to determine construction or remodeling options, feasibility, or cost estimates for a proposed building project.
Source: L. 2014: Entire part added, (HB 14-1096), ch. 186, p. 692, � 1, effective
May 14.
C.R.S. § 13-20-403
13-20-403. Restrictions on electroconvulsive treatment - rights of minors.
(1) (Deleted by amendment, L. 2024).
(2) Electroconvulsive treatment may be performed on a minor who is sixteen
years of age or older but under eighteen years of age only if two individuals licensed to practice medicine in Colorado and specializing in psychiatry approve the treatment, and the minor's parent, legal custodian, or legal guardian consents to the treatment.
(3) Electroconvulsive treatment may be performed on a minor who is fifteen
years of age or younger only if:
(a) Two individuals licensed to practice medicine in Colorado and specializing
in psychiatry approve the electroconvulsive treatment. One of the individuals must also specialize in child and adolescent psychiatry.
(b) Other less-invasive treatments have failed;
(c) (Deleted by amendment, L. 2025).
(d) Electroconvulsive treatment is performed by at least one physician, or
the physician's designee, who is trained and credentialed in electroconvulsive treatment; and
(e) The minor's parent, legal custodian, or legal guardian consents to
electroconvulsive treatment.
(4) Electroconvulsive treatment may be performed on an individual who is
eighteen years of age or older only in cases when two or more individuals licensed to practice medicine and specializing in psychiatry determine that electroconvulsive treatment is the most preferred form of treatment.
Source: L. 79: Entire part R&RE, p. 612, � 1, effective July 1. L. 2024: Entire
section amended, (HB 24-1471), ch. 360, p. 2443, � 1, effective June 3. L. 2025: (2) and (3) amended, (HB 25-1070), ch. 47, p. 214, � 1, effective March 31.
Editor's note: Subsection (4) was numbered as (3) in HB 24-1471 but has
been renumbered on revision for ease of location.
PART 5
ACTIONS AGAINST ARCHITECTS, ENGINEERS, AND LAND SURVEYORS
C.R.S. § 13-20-802.5
13-20-802.5. Definitions. As used in this part 8, unless the context otherwise requires:
(1) Action means a civil action or an arbitration proceeding for damages,
indemnity, or contribution brought against a construction professional to assert a claim, counterclaim, cross-claim, or third party claim for damages or loss to, or the loss of use of, real or personal property or personal injury caused by a defect in the design or construction of an improvement to real property.
(2) Actual damages means the fair market value of the real property
without the alleged construction defect, the replacement cost of the real property, or the reasonable cost to repair the alleged construction defect, whichever is less, together with relocation costs, and, with respect to residential property, other direct economic costs related to loss of use, if any, interest as provided by law, and such costs of suit and reasonable attorney fees as may be awardable pursuant to contract or applicable law. Actual damages as to personal injury means those damages recoverable by law, except as limited by the provisions of section 13-20-806 (4).
(3) Claimant means a person other than the attorney general or the district
attorneys of the several judicial districts of the state who asserts a claim against a construction professional that alleges a defect in the construction of an improvement to real property.
(4) Construction professional means an architect, contractor,
subcontractor, developer, builder, builder vendor, engineer, or inspector performing or furnishing the design, supervision, inspection, construction, or observation of the construction of any improvement to real property. If the improvement to real property is to a commercial property, the term construction professional shall also include any prior owner of the commercial property, other than the claimant, at the time the work was performed. As used in this subsection (4), commercial property means property that is zoned to permit commercial, industrial, or office types of use.
(4.5) Multifamily construction incentive program or program means the
program created in section 13-20-803.3 (1).
(5) Notice of claim means a written notice sent by a claimant to the last-known address of a construction professional against whom the claimant asserts a
construction defect claim that describes the claim in reasonable detail sufficient to determine the general nature of the defect, including a general description of the type and location of the construction that the claimant alleges to be defective and any damages claimed to have been caused by the defect.
(6) Program claim means all actions for damages, indemnity, or
contribution brought against a construction professional to assert a claim, counterclaim, cross-claim, or third-party claim for damages or loss to, or the loss of use of, real or personal property for which the builder is a participant in the program or for personal injury caused by a defect in the design or construction of an improvement to real property for which the builder is a participant in the program.
(7) Third-party inspection means a program of inspections of a residential
housing unit performed over the course of construction on the unit and designed to assist the construction professional performing the construction on the unit in identifying and rectifying any instances in which the work being performed by the construction professional deviates from applicable building codes or construction standards. The construction professional who signs the building permit application shall, subsequent to filing the permit application and prior to the issuance of a certificate of occupancy, certify in writing filed with the building department that the third-party inspector was qualified and the inspection complies with the following requirements for any component, system, or improvement alleged to be defective:
(a) The inspection was performed by either a licensed construction
professional or a building code inspector, electrical inspector, energy conservation code inspector, fire code inspector, or mechanical code inspector, if such inspector provides evidence of successful completion of the most recent version of the commercial building inspector examination by the International Code Council or its successor organization:
(I) Who has expertise designing, constructing, or inspecting the component,
system, or improvement being inspected;
(II) (A) Who is an independent third party not otherwise employed by or
affiliated with the construction professional who was involved in the development, design, or construction of the component, system, or improvement; or
(B) Who is an inspector acting under the direction of an insurer providing a
commercial general liability policy of insurance purchased to insure the subject residential housing unit against property damage resulting from defects in the design or construction of the unit;
(III) Who is responsible for performing the inspection duties with a
reasonable degree of care; and
(IV) Who is not designated as a nonparty at fault pursuant to section 13-21-111.5 (3)(b); and
(b) The inspection includes, for each component, system, or improvement, a
signed certification that, for each component, system, or improvement, verifies that:
(I) The component, system, or improvement was included in approved
construction documents and specifications, including addendums issued during construction, under the valid seal of an architect or engineer licensed in Colorado;
(II) (A) Prior to inspection by the building department, the component,
system, or improvement was subject to a field inspection and approval by the third-party inspector who certifies that, at the time of inspection, the component, system, or improvement was sufficiently accessible to determine compliance with and did comply with applicable manufacturer's instructions or recommendations, approved construction documents and specifications, including addendums issued during construction, and the applicable building codes.
(B) If the field inspection does not include every location where the
component, system, or improvement is constructed, the signed certification must include the permit number; the date of inspection; the type of inspection; the contractor's name and license number; the street address of the job location; the name, address, and telephone number of the inspector who performed the inspection; and a statement that the inspector inspected a sufficient number of locations to conclude with a reasonable degree of certainty that every location of the component, system, or improvement complies with the applicable manufacturer's instructions or recommendations, approved construction documents and specifications, including addendums issued during construction, and the applicable building codes.
(III) The construction professional successfully repaired or resolved any
instance of noncompliant design or construction identified during an inspection and that the component, system, or improvement complies with the applicable manufacturer's instructions or recommendations and approved construction documents and specifications, including addendums issued during construction; and
(c) The inspection is not an inspection performed by or on behalf of a
governmental authority having jurisdiction over the residential housing unit as a condition of any permitting or the issuance of a certificate of occupancy.
Source: L. 2003: Entire section added, p. 1361, � 2, effective April 25. L.
2025: (4.5), (5.5), and (6) added, (HB 25-1272), ch. 183, p. 783, � 2, effective August 6.
Editor's note: (1) Subsections (6) and (7) were numbered as subsections (5.5)
and (6), respectively, in HB 25-1272 but were renumbered on revision for ease of location.
(2) Section 8(2) of chapter 183 (HB 25-1272), Session Laws of Colorado
2025, provides that the act changing this section applies to construction defect claims brought on or after August 6, 2025.
Cross references: For the short title (Colorado American Dream Act) and
the legislative declaration in HB 25-1272, see section 1 of chapter 183, Session Laws of Colorado 2025.
C.R.S. § 13-20-803.3
13-20-803.3. Multifamily construction incentive program - created - construction defect claims against architects and engineers - statute of limitations - affirmative defenses. (1) The multifamily construction incentive program is created. On and after January 1, 2026, a builder of multifamily, attached housing of two or more units may participate in the program by:
(a) Providing a warranty that covers any defect and damage at no cost to the
homeowner for a minimum period of:
(I) One year for workmanship and materials;
(II) Two years for plumbing, electrical, and materials; and
(III) Six years for major structural components;
(b) Having a third-party inspection performed; and
(c) Recording a notice of election to participate in the multifamily
construction incentive program in the real property records of the county in which the property is located for the project intended to be covered before the unit is offered for sale. After recording a notice of election to participate, a builder may withdraw from the program only before the issuance of the last certificate of occupancy for the project.
(2) (a) Except as provided in subsection (3) of this section, a person must file
with a complaint a certificate of review in compliance with section 13-20-602 for a construction defect action that is:
(I) Against a construction professional who is an architect or engineer; and
(II) For a program claim.
(b) The certificate of review filed in accordance with subsection (2)(a) of this
section must, based on facts known to the party filing the certificate of review:
(I) Set forth the architect's or engineer's negligence, including any act or
omission in providing advice, exercising judgment, giving an opinion, or exercising a similar professional skill; and
(II) Declare that the individual consulted can demonstrate by competent
evidence that, as a result of training, education, knowledge, and experience, the consultant is competent to express an opinion as to the negligence, including an act or omission, alleged.
(c) If a claimant fails to file the certificate of review required in this
subsection (2), the court shall dismiss the complaint against the defendant unless the claimant shows good cause for the failure.
(3) A claimant is not required to comply with the certificate of review
requirements of subsection (2) of this section if:
(a) A claim is for construction in which a governmental entity contracted with
a single entity to provide both design and construction services for the construction, rehabilitation, alteration, or repair of a facility, a building or an associated structure, a civil works project, or a highway project; or
(b) The period of limitation or repose could reasonably expire within ten days
after the date of filing and, because of the time constraint, the claimant has alleged that a certificate of review by a third-party architect or engineer could not be prepared. A claimant that does not file a certificate of review under this section shall supplement the complaint with a certificate of review within twenty-eight days after the filing of the complaint; except that a court may, on motion and for good cause, grant a claimant additional time to file the certificate of review.
(4) A defendant that designates an architect or engineer as a nonparty at
fault in accordance with section 13-21-111.5 (3)(b) must file a subsequent certificate of review that complies with subsection (2) of this section and section 13-20-602. The defendant shall file a certificate of review at least forty-five days prior to any trial or proceeding on the claim. If the defendant fails to file the certificate of review as required in this subsection (4), a court shall not consider the negligence or fault of the nonparty.
(5) Subsections (2) to (4) of this section do not:
(a) Extend the applicable period of limitation or repose; or
(b) Apply to a suit or action for the payment of fees arising out of the
provision of professional services.
(6) A person shall not assert a program claim unless the defect has resulted
in one or more of the following:
(a) Actual damage to real or personal property;
(b) Actual loss of the use of real or personal property;
(c) Actual bodily injury or wrongful death;
(d) An unreasonable reduction in the capability of, or an actual failure of, a
building component to perform an intended function or purpose; or
(e) An unreasonable risk of bodily injury or death to, or a threat to the life,
health, or safety of, the occupants of the residential property.
(7) (a) (I) If the defendant is a construction professional who is not an
architect or engineer and who has provided the claimant a written warranty for the residence that complies with subsection (1)(a) of this section, and if the claimant discovered or should have discovered the alleged defect or damage within the longest applicable warranty period, the claimant must bring the suit not later than six years after the substantial completion of the improvement.
(II) If the defendant is a construction professional who is an architect or
engineer, and the construction professional performed in a manner consistent with the degree of skill and care ordinarily exercised by members of the same profession currently practicing under the same or similar circumstances, the claimant must bring the suit not later than six years after the substantial completion of the improvement.
(b) If a claim involves a defect or damage that is covered by the warranty
described in subsection (7)(a) of this section, the claimant shall pursue all reasonable remedies available under the warranty process before bringing an action for damages. The statute of limitations and repose shall be tolled from the date the claimant first pursued a remedy available under the warranty for no more than one year or until the completion of the warranty process, whichever is longer.
(c) Section 13-80-104 (2) and (3) applies to the limitation of claims in this
subsection (7).
(8) (a) For program claims, a construction professional who makes a
reasonable offer pursuant to subsection (9) of this section may be immune, in whole or in part, from an obligation, damage, loss, or liability under this part 8 related to or arising out of the construction defect, but only with respect to the portion of the claimant's damages, if any, the construction professional can demonstrate by a preponderance of the evidence were proximately caused or increased by an affirmative defense specified in subsections (8)(b) and (8)(c) of this section and not by the construction defect.
(b) A construction professional is not liable for a damage or defect to the
extent the professional can prove, as an affirmative defense, that the damage or defect was caused:
(I) By a weather condition, earthquake, or other natural phenomenon in
excess of the design criteria expressed by the applicable building codes, regulations, and ordinances in effect at the time of original construction;
(II) By a human-caused event, such as war, terrorism, or vandalism;
(III) By a homeowner's unreasonable failure to timely mitigate damages as
required in section 13-20-803.5 (1);
(IV) By the homeowner or the homeowner's agent, employee, or construction
professional by virtue of their failure to follow the builder's or manufacturer's maintenance recommendations or to do commonly accepted homeowner maintenance obligations. In order to rely upon this defense as it relates to a construction professional's recommended maintenance schedule, the construction professional must show that the homeowner had written notice of these maintenance schedules and recommendations and that the maintenance recommendations and schedules were reasonable at the time they were issued and that the damage or defect did not directly prevent the homeowner from performing the recommended maintenance.
(V) After sale or transfer of ownership to the claimant, by:
(A) The homeowner's or homeowner's agent's alterations;
(B) Ordinary wear and tear;
(C) Misuse of the structure or component;
(D) Abuse of the structure or component;
(E) Neglect of the structure or component; or
(F) The use of the structure or component for something other than the
structure's or component's intended purpose.
(c) A construction professional may assert an affirmative defense to the
extent that:
(I) The damage was caused by a particular violation covered by a valid
release obtained by the construction professional, if the release is enforceable against the claimant, was executed with knowledge of the particular violation, and does not violate section 13-20-806 (7); or
(II) The construction professional's repair completed pursuant to section 13-20-803.5 (3) was successful in correcting the particular violation and any damage
resulting from the violation of the applicable standard.
(d) The affirmative defenses set forth in this subsection (8) are in addition to,
and shall not limit, impair, replace, or otherwise affect, any other defense available to a construction professional under statute or common law.
(9) (a) For program claims, a construction professional and the insurer, as
defined in section 10-1-102 (13), providing coverage related to the claim shall send or deliver to the claimant, by certified mail, return receipt requested, or by personal service:
(I) An offer to settle the claim by:
(A) Payment of a sum certain; or
(B) Agreeing to remedy the claimed defect described in the notice of claim;
(II) A written response that:
(A) Identifies the standards that apply to the claimed defect's construction
or performance; and
(B) Explains why the claimed defect does not require repair; or
(III) A written response that explains the construction professional's scope of
work and why the claimed defect is not within the work and responsibility of the construction professional.
(b) A written offer to remedy a construction defect must include a report of
the scope of the inspection, the findings and results of the inspection, a description of the additional construction work necessary to remedy the defect described in the notice of claim and all damage to the improvement to real property caused by the defect, and a timetable for the completion of the remedial construction work.
(c) The construction professional shall provide an offer pursuant to
subsection (9)(a)(I) of this section within ninety days after the deadline to inspect the property and claimed defect pursuant to section 13-20-803.5 or a written response pursuant to subsection (9)(a)(II) or (9)(a)(III) of this section within thirty days after the deadline to inspect the property and claimed defect pursuant to section 13-20-803.5. Notwithstanding any provision in a contract or any requirement in the governing documents, if a construction professional requests an extension to provide an offer pursuant to subsection (9)(a)(I) of this section and the claimant does not agree to the requested extension, the parties shall designate a mutually agreeable third party in writing to determine whether the requested extension is reasonable. Notwithstanding any other provision in this section, the total time to provide an offer must not exceed two hundred ten days after the date of the notice of claim by the construction professional providing an offer pursuant to subsection (9)(a)(I) of this section.
(d) If a claimant unreasonably rejects a reasonable written offer of
settlement made pursuant to this subsection (9) and subsequently commences an action against the construction professional, the court may award attorney fees and costs to the construction professional.
(e) If a construction professional fails to make a reasonable written offer of
settlement pursuant to this subsection (9), the limitations on damages and defenses to liability provided in subsections (2), (5), (6), (7), and (8) of this section do not apply, and the court may award attorney fees and costs to the claimant.
(f) (I) A construction professional's written offer of settlement is reasonable,
and a claimant's rejection of the offer is unreasonable, if the claimant recovers a final judgment in an amount that is less than the amount offered or the reasonable value of the repair offered by the construction professional.
(II) A construction professional's written offer of settlement is unreasonable,
and a claimant's rejection of the offer is reasonable, if the claimant recovers a final judgment in an amount that exceeds the amount offered or the reasonable value of the repair offered by the construction professional.
(10) (a) Within thirty days after the rejection of an offer made pursuant to
subsection (9) of this section, a claimant shall provide a construction professional with a written proposal to have the construction defect repaired at the construction professional's expense or to settle the claim.
(b) If the construction professional does not accept the proposal provided by
the claimant pursuant to subsection (10)(a) of this section in writing within fifteen days after delivery of the proposal, the proposal is deemed to have been rejected.
(c) If the construction professional accepts the proposal provided by the
claimant pursuant to subsection (10)(a) of this section, the construction professional shall pay the claimant's reasonable attorney fees and costs incurred in investigating the defect and proposing the repair.
(11) Nothing in this section:
(a) Affects the Colorado Governmental Immunity Act, article 10 of title 24,
or section 13-20-806 (7); or
(b) Prohibits, limits, or impairs a contractual claim or expands the definition
of action in section 13-20-802.5 (1).
Source: L. 2025: Entire section added, (HB 25-1272), ch. 183, p. 785, � 3,
effective August 6.
Editor's note: Section 8(2) of chapter 183 (HB 25-1272), Session Laws of
Colorado 2025, provides that the act adding this section applies to construction defect claims brought on or after August 6, 2025.
Cross references: For the short title (Colorado American Dream Act) and
the legislative declaration in HB 25-1272, see section 1 of chapter 183, Session Laws of Colorado 2025.
C.R.S. § 13-20-803.5
13-20-803.5. Notice of claim process - duty to mitigate. (1) (a) No later than seventy-five days before filing an action against a construction professional, or no later than ninety days before filing the action in the case of a commercial property, a claimant shall send or deliver a written notice of claim to the construction professional by certified mail, return receipt requested, or by personal service.
(b) Before filing a claim pursuant to this subsection (1) for program claims, a
claimant shall mitigate the damage caused by the alleged construction defect. A claimant satisfies the duty to mitigate by taking reasonable action to prevent further damage from the construction defect. A claimant must certify in the complaint that the claimant has satisfied the duty to mitigate.
(c) If the claimant and construction professional dispute whether the
claimant has satisfied the duty to mitigate described in subsection (1)(b) of this section, the claimant may proceed with the action but does not recover any damages that the construction professional proves were caused by the claimant's unreasonable failure to mitigate.
(d) A claimant does not breach the duty to mitigate if the cost to mitigate is
unreasonable under the circumstances or was beyond the claimant's financial ability to perform.
(2) Following the mailing or delivery of the notice of claim, at the written
request of the construction professional, the claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant's property during normal working hours to inspect the property and the claimed defect. The inspection shall be completed within thirty days of service of the notice of claim.
(3) Except as provided in section 13-20-803.3 (9), within thirty days after the
completion of the inspection process conducted pursuant to subsection (2) of this section, or within forty-five days after the completion of the inspection process in the case of a commercial property, a construction professional may send or deliver to the claimant, by certified mail, return receipt requested, or personal service, an offer to settle the claim by payment of a sum certain or by agreeing to remedy the claimed defect described in the notice of claim. A written offer to remedy the construction defect shall include a report of the scope of the inspection, the findings and results of the inspection, a description of the additional construction work necessary to remedy the defect described in the notice of claim and all damage to the improvement to real property caused by the defect, and a timetable for the completion of the remedial construction work.
(3.5) (a) By the earlier of when a construction professional, other than an
architect or engineer, offers to settle a claim or sixty days after a construction professional receives actual notice of claim, the construction professional shall provide the claimant with the following documents and information, to the extent the documents and information are within the construction professional's possession, custody, or control:
(I) Copies of all plans, specifications, and soil reports related to the claim;
(II) Maintenance and preventive maintenance recommendations related to
the claim;
(III) The name, last-known address, and scope of work of each construction
professional who contracted to perform work or provide services and did perform work or provide services related to the claim;
(IV) All documents related to the third-party inspection of the property and
the name and last-known address of the inspector who performed the third-party inspection; and
(V) Copies of each insurance policy purchased by the construction
professional and related to the claim through the date of the notice of claim and from the earlier start date of:
(A) The date the construction of the alleged defect was substantially
completed; or
(B) The date the construction professional substantially completed work on
the alleged defect.
(b) A construction professional may charge reasonable copying costs for the
documents described in subsections (3.5)(a)(I), (3.5)(a)(II), (3.5)(a)(IV), and (3.5)(a)(V) of this section.
(c) Failure to provide the identifying information required in subsection
(3.5)(a)(III) of this section by the applicable deadline for designating a nonparty at fault bars the construction professional from designating the unidentified construction professional as a nonparty at fault under section 13-21-111.5 (3)(b) in a subsequent action. If the construction professional fails to provide the information required in subsection (3.5)(a)(I) of this section, the claimant need not comply with the certificate of review requirement in section 13-20-803.3 (2).
(3.7) (a) By the earlier of when a construction professional who is an
architect or engineer offers to settle a claim or sixty days after a construction professional receives actual notice of claim, the architect or engineer shall provide the claimant with the following documents and information, to the extent the documents and information are within the architect's or engineer's possession, custody, or control:
(I) Copies of all approved construction documents and specifications,
including addendums issued during construction, prepared by the architect, engineer, or consultants;
(II) The name, last-known address, and scope of work of each architect or
engineer who performed work or provided services as a consultant related to the claim and on the claimant's property; and
(III) Copies of each insurance policy purchased by the architect or engineer
and related to the claim through the date of the notice of claim and from the earlier start date of:
(A) The date the construction of the alleged defect was substantially
completed; or
(B) The date the architects and engineers substantially completed work
related to the alleged defect.
(b) An architect or engineer may charge reasonable copying costs for the
documents described in subsection (3.7)(a) of this section.
(4) Unless a claimant accepts an offer made pursuant to subsection (3) of
this section in writing within fifteen days of the delivery of the offer, the offer shall be deemed to have been rejected.
(5) A claimant who accepts a construction professional's offer to remedy or
settle by payment of a sum certain a construction defect claim shall do so by sending the construction professional a written notice of acceptance no later than fifteen days after receipt of the offer. If an offer to settle is accepted, then the monetary settlement shall be paid in accordance with the offer. If an offer to remedy is accepted by the claimant, the remedial construction work shall be completed in accordance with the timetable set forth in the offer unless the delay is caused by events beyond the reasonable control of the construction professional.
(6) If no offer is made by the construction professional or if the claimant
rejects an offer, the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim, unless the parties have contractually agreed to a mediation procedure, in which case the mediation procedure shall be satisfied prior to bringing an action.
(7) If an offer by a construction professional is made and accepted or if a
proposal made by a claimant is accepted, and if thereafter the construction professional does not comply with the offer to remedy or settle a claim for a construction defect or with the claimant's proposal, the claimant may file an action against the construction professional for claims arising out of the defect or damage described in the notice of claim without further notice.
(8) After the sending of a notice of claim, a claimant and a construction
professional may, by written mutual agreement, alter the procedure for the notice of claim process described in this section.
(9) Any action commenced by a claimant who fails to comply with the
requirements of this section shall be stayed, which stay shall remain in effect until the claimant has complied with the requirements of this section.
(10) A claimant may amend a notice of claim to include construction defects
discovered after the service of the original notice of claim. However, the claimant must otherwise comply with the requirements of this section for the additional claims.
(11) For purposes of this section, actual receipt by any means of a written
notice, offer, or response prepared pursuant to this section within the time prescribed for delivery or service of the notice, offer, or response shall be deemed to be sufficient delivery or service.
(12) Except as provided in this section and section 13-20-806, a claimant
shall not recover more than actual damages in an action.
(13) An insurer, as defined in section 10-1-102 (13), shall not cancel, deny, or
reduce coverage based on any claim for benefits covered by an existing liability insurance policy issued to a construction professional based on the construction professional making an offer to repair or settle a construction defect claim pursuant to this section. Any settlement or repair agreement that affects coverage is subject to insurer approval.
Source: L. 2003: Entire section added, p. 1363, � 5, effective April 25. L.
2025: (1), (3), (7), and (12) amended and (3.5), (3.7), and (13) added, (HB 25-1272), ch. 183, p. 791, � 4, effective August 6.
Editor's note: Section 8(2) of chapter 183 (HB 25-1272), Session Laws of
Colorado 2025, provides that the act changing this section applies to construction defect claims brought on or after August 6, 2025.
Cross references: For the short title (Colorado American Dream Act) and
the legislative declaration in HB 25-1272, see section 1 of chapter 183, Session Laws of Colorado 2025.
C.R.S. § 13-21-108.3
13-21-108.3. Architects, building code officials, professional engineers, and professional land surveyors rendering assistance during emergency or disaster - qualified immunity from civil liability. (1) An architect licensed pursuant to part 4 of article 120 of title 12, a building code official, a professional engineer licensed pursuant to part 2 of article 120 of title 12, or a professional land surveyor licensed pursuant to part 3 of article 120 of title 12 who voluntarily and without compensation provides architectural, damage assessment, engineering, or surveying services, respectively, at the scene of an emergency shall not be liable for any personal injury, wrongful death, property damage, or other loss caused by an act or omission of the architect, building code official, engineer, or surveyor in performing such services.
(2) As used in this section, unless the context otherwise requires:
(a) Building code official means an individual maintaining a building
inspector, building code official, or certified building official certification in good standing by the international code council or similar association of building code officials.
(b) Emergency means a disaster emergency declared by executive order or
proclamation of the governor pursuant to section 24-33.5-704 (4), C.R.S.
(3) The immunity provided in subsection (1) of this section applies only to an
architectural, damage assessment, or engineering service that:
(a) Concerns an identified building, structure, or other architectural or
engineering system, whether publicly or privately owned;
(b) Relates to the structural integrity of the building, structure, or system or
to a nonstructural element thereof affecting life safety; and
(c) Is rendered during the time in which a state of disaster emergency exists,
as provided in section 24-33.5-704 (4), C.R.S.
(4) Nothing in this section shall provide immunity for gross negligence or
willful misconduct.
(5) Nothing in this section shall be construed to abrogate any provision of
the Colorado Governmental Immunity Act, provided in article 10 of title 24, C.R.S.
Source: L. 98: Entire section added, p. 236, � 1, effective July 1. L. 2006: (1)
amended, p. 762, � 20, effective July 1. L. 2009: Entire section amended, (HB 09-1080), ch. 37, p. 149, � 1, effective March 20. L. 2013: (2)(b) and (3)(c) amended, (HB 13-1300), ch. 316, p. 1674, � 32, effective August 7. L. 2019: (1) amended, (HB 19-1172), ch. 136, p. 1663, � 68, effective October 1.
C.R.S. § 13-21-201
13-21-201. Damages for death. (1) When any person dies from any injury resulting from or occasioned by the negligence, unskillfulness, or criminal intent of any officer, agent, servant, or employee while running, conducting, or managing any locomotive, car, or train of cars, or of any driver of any coach or other conveyance operated for the purpose of carrying either freight or passengers for hire while in charge of the same as a driver, and when any passenger dies from an injury resulting from or occasioned by any defect or insufficiency in any railroad or any part thereof, or in any locomotive or car, or other conveyance operated for the purpose of carrying either freight or passengers for hire, the corporation or individuals in whose employ any such officer, agent, servant, employee, master, pilot, engineer, or driver is at the time such injury is committed, or who owns any such railroad, locomotive, car, or other conveyance operated for the purpose of carrying either freight or passengers for hire at the time any such injury is received, and resulting from or occasioned by the defect or insufficiency above described shall forfeit and pay for every person and passenger so injured the sum of not exceeding ten thousand dollars and not less than three thousand dollars, which may be sued for and recovered:
(a) In the first year after such death:
(I) By the spouse of the deceased;
(II) Upon the written election of the spouse, by the spouse and the heir or
heirs of the deceased;
(III) Upon the written election of the spouse, by the heir or heirs of the
deceased;
(IV) If there is no spouse, by the heir or heirs of the deceased or the
designated beneficiary, if there is one designated pursuant to article 22 of title 15, with the right to bring an action pursuant to this section, and if there is no designated beneficiary, by the heir or heirs of the deceased; or
(V) If, at the time of death, there is no spouse, no heir or heirs, and no
designated beneficiary, or, if the deceased was an unmarried minor without descendants or an unmarried adult without descendants, and there is no mother and no father of the deceased, then by the sibling or siblings of the deceased or the heir or heirs of the sibling or siblings of the deceased.
(b) (I) In the second year after such death:
(A) By the spouse of the deceased;
(B) By the heir or heirs of the deceased;
(C) By the spouse and the heir or heirs of the deceased;
(D) By the designated beneficiary of the deceased, if there is one designated
pursuant to article 22 of title 15, with the right to bring an action pursuant to this section, and the heir or heirs of the deceased; or
(E) By the sibling or siblings of the deceased or the heir or heirs of the sibling
or siblings of the deceased, but only if, at the time of death, the deceased had no surviving spouse, no heir or heirs, and no designated beneficiary, or, if the deceased was an unmarried minor without descendants or an unmarried adult without descendants, and had no mother and no father.
(II) However, if the heir or heirs of the deceased commence an action under
the provisions of sub-subparagraph (B) of subparagraph (I) of this paragraph (b), the spouse or the designated beneficiary of the deceased, if there is one designated pursuant to article 22 of title 15, C.R.S., with the right to bring an action pursuant to this section, upon motion filed within ninety days after service of written notice of the commencement of the action upon the spouse or designated beneficiary, shall be allowed to join the action as a party plaintiff.
(c) (I) If the deceased is an unmarried minor without descendants or an
unmarried adult without descendants and without a designated beneficiary pursuant to article 22 of title 15, C.R.S., by the father or mother who may join in the suit. Except as provided in subparagraphs (II) and (III) of this paragraph (c), the father and mother shall have an equal interest in the judgment, or if either of them is dead, then the surviving parent shall have an exclusive interest in the judgment.
(II) For cases in which the father and mother are divorced, separated, or
living apart, a motion may be filed by either the father or the mother prior to trial requesting the court to apportion fairly any judgment awarded in the case. Where such a motion is filed, the court shall conduct a post-judgment hearing at which the father and the mother shall have the opportunity to be heard and to produce evidence regarding each parent's relationship with the deceased child.
(III) On conclusion of the post-judgment hearing conducted pursuant to
subparagraph (II) of this paragraph (c), the court shall fairly determine the percentage of the judgment to be awarded to each parent. In making such a determination, the court shall consider each parent's relationship with the deceased, including custody, control, support, parental responsibility, and any other factors the court deems pertinent. The court's determination of the percentage of the judgment awarded to each parent shall not be disturbed absent an abuse of discretion.
(d) For purposes of this section, father or mother means a natural parent of
the deceased or a parent of the deceased by adoption. Father or mother does not include a person whose parental rights concerning the deceased were terminated pursuant to the provisions of title 19, C.R.S.
(2) In suits instituted under this section, it is competent for the defendant for
his defense to show that the defect or insufficiency named in this section was not a negligent defect or insufficiency. The judgment obtained in an action under this section shall be owned by such persons as are heirs at law of the deceased under the statutes of descent and distribution and shall be divided among such heirs at law in the same manner as real estate is divided according to said statute of descent and distribution.
Source: G.L. � 877. G.S. � 1030. L. 07: p. 296, � 1. R.S. 08: � 2056. C.L. � 6302.
CSA: C. 50, � 1. L. 51: p. 338, � 1. CRS 53: � 41-1-1. C.R.S. 1963: � 41-1-1. L. 88: (1)(a), (1)(b), and (1)(c) R&RE and (2) amended, pp. 603, 604, �� 1, 2, effective July 1. L. 2000: (1)(c) amended and (1)(d) added, p. 169, � 1, effective July 1. L. 2009: (1) amended, (HB 09-1260), ch. 107, p. 441, � 6, effective July 1. L. 2024: (1)(a)(III), (1)(a)(IV), (1)(b)(I)(C), and (1)(b)(I)(D) amended and (1)(a)(V) and (1)(b)(I)(E) added, (HB 24-1472), ch. 325, p. 2172, � 3, effective January 1, 2025.
Cross references: (1) For determination of death, see � 12-240-140.
(2) For the legislative declaration in HB 24-1472, see section 1 of chapter
325, Session Laws of Colorado 2024.
C.R.S. § 13-25-116
13-25-116. Water officials' records. In all civil actions, special proceedings, or other modes of litigation before a water judge or referee having power to receive evidence, all records, reports, tables, and other documents of division engineers and water commissioners of the state of Colorado and all records, streamflow tables, rating curves, automatic water register sheets, and special reports of the state engineer and his deputies, hydrographers, and employees, and of the division engineers of the several divisions, and all records of canal headgate keepers, reservoir outlet keepers, gauge readers, and other systematically compiled records or reports of diversions, storage, and discharge of waters or of the flows of streams on file in or constituting a part of the records and files of the state engineer of the state of Colorado, and all copies duly certified as correct by the state engineer or his deputy shall be admitted as evidence of the facts contained therein.
Source: L. 21: p. 309, � 1. C.L. � 6552. CSA: C. 63, � 18. CRS 53: � 52-1-17.
C.R.S. 1963: � 52-1-17.
C.R.S. § 13-4-102
13-4-102. Jurisdiction. (1) Any provision of law to the contrary notwithstanding, the court of appeals shall have initial jurisdiction over appeals from final judgments of, and interlocutory appeals of certified questions of law in civil cases pursuant to section 13-4-102.1 from, the district courts, the probate court of the city and county of Denver, and the juvenile court of the city and county of Denver, except in:
(a) Repealed.
(b) Cases in which a statute, a municipal charter provision, or an ordinance
has been declared unconstitutional;
(c) Cases concerned with decisions or actions of the public utilities
commission;
(d) Water cases involving priorities or adjudications;
(e) Writs of habeas corpus;
(f) Cases appealed from the county court to the district court, as provided in
section 13-6-310;
(g) Review actions of the Colorado dental board in refusing to issue or renew
or in suspending or revoking a license to practice dentistry, dental therapy, or dental hygiene, as provided in section 12-220-208;
(h) Cases appealed from the district court granting or denying
postconviction relief in a case in which a sentence of death has been imposed for an offense charged prior to July 1, 2020.
(2) The court of appeals has initial jurisdiction to:
(a) Review awards or actions of the industrial claim appeals office, as
provided in articles 43 and 74 of title 8, C.R.S.;
(b) Review orders of the banking board granting or denying charters for new
state banks, as provided in article 102 of title 11, C.R.S.;
(c) (Deleted by amendment, L. 2006, p. 761, � 19, effective July 1, 2006.)
(d) Review all final actions and orders appropriate for judicial review of the
Colorado podiatry board, as provided in section 12-290-115;
(e) Review all final actions and orders appropriate for judicial review of the
Colorado state board of chiropractic examiners, as provided in section 12-215-122;
(f) Review actions of the Colorado medical board in refusing to grant or in
revoking or suspending a license or in placing the holder thereof on probation, as provided in section 12-240-127;
(g) Review actions of the Colorado dental board in refusing to issue or renew
or in suspending or revoking a license to practice dentistry, dental therapy, or dental hygiene, as provided in section 12-220-208;
(h) Review all final actions and orders appropriate for judicial review of the
state board of nursing, as provided in articles 255 and 295 of title 12;
(i) Review actions of the state board of optometry in refusing to grant or
renew, revoking, or suspending a license, issuing a letter of admonition, or placing a licensee on probation or under supervision, as provided by section 12-275-122 (2);
(j) Review all final actions and orders appropriate for judicial review of the
director of the division of professions and occupations, as provided in article 285 of title 12;
(k) Review all final actions and orders appropriate for judicial review of the
state board of pharmacy, as provided in section 12-280-128;
(l) Review decisions of the board of education of a school district in
proceedings for the dismissal of a teacher, as provided in section 22-63-302 (10), C.R.S.;
(m) Review final decisions or orders of the Colorado real estate commission,
as provided in parts 2 and 5 of article 10 of title 12;
(m.5) Repealed.
(n) Review final decisions and orders of the Colorado civil rights commission,
as provided in parts 3, 4, and 7 of article 34 of title 24, C.R.S.;
(o) Repealed.
(p) Review decisions of the state personnel board, as provided in section 24-50-125.4, C.R.S.;
(q) Review final actions and orders appropriate for judicial review of the
state electrical board, as provided in article 115 of title 12;
(r) Review all final actions and orders appropriate for judicial review of the
state board of licensure for architects, professional engineers, and professional land surveyors, as provided in section 12-120-407 (4);
(s) Review final actions and orders of the boards, as defined in section 12-245-202 (1), that are appropriate for judicial review and final actions;
(t) (Deleted by amendment, L. 2008, p. 426, � 25, effective August 5, 2008.)
(u) Review all final actions and orders appropriate for judicial review of the
coal mine board of examiners, as provided in section 34-22-107 (8), C.R.S.;
(v) Review final actions and orders of the director of the division of
professions and occupations appropriate for judicial review, as provided in section 12-145-116;
(w) Review final actions and orders appropriate for judicial review of the
examining board of plumbers;
(x) Review decisions of the board of assessment appeals, as provided in
section 39-8-108 (2), C.R.S.;
(y) and (z) Repealed.
(aa) (Deleted by amendment, L. 98, p. 818, � 14, effective August 5, 1998.)
(bb) Repealed.
(cc) Review final actions and orders appropriate for judicial review of the
securities commissioner, as provided in section 11-59-117, C.R.S.;
(dd) Review final actions and orders appropriate for judicial review of the
commissioner of insurance, pursuant to title 10, C.R.S.;
(ee) Review final actions and orders appropriate for judicial review of the
Colorado racing commission, as provided in section 44-32-507 (4);
(ff) Review final actions and orders appropriate for judicial review of the
Colorado passenger tramway safety board, as provided in section 12-150-109;
(gg) Repealed.
(hh) Review final actions and orders appropriate for judicial review of the
state board of veterinary medicine, as provided in section 12-315-113;
(ii) Review all final actions and orders appropriate for judicial review of the
director of the division of professions and occupations, as provided in section 12-225-109 (4);
(jj) Review all final actions and orders appropriate for judicial review of the
executive director of the department of labor and employment, as provided in section 8-20-104, C.R.S.;
(kk) Review all final actions and orders appropriate for judicial review of the
director of the division of professions and occupations in the department of regulatory agencies, as provided in section 12-270-114 (8);
(ll) Repealed.
(mm) Review final decisions or orders of the administrator as provided in
article 20 of title 5; and
(nn) Review final decisions or orders of the administrator as provided in
article 21 of title 5.
(3) The court of appeals shall have authority to issue any writs, directives,
orders, and mandates necessary to the determination of cases within its jurisdiction.
(4) (Deleted by amendment, L. 95, p. 235, � 4, effective April 17, 1995.)
Source: L. 69: p. 265, � 1. C.R.S. 1963: � 37-21-2. L. 73: p. 358, � 2. L. 74: (1)(a)
repealed, p. 236, � 4, effective July 1. L. 75: (2) amended, p. 555, � 2, effective April 9; (2) amended, p. 459, � 9, effective July 1. L. 77: (2) amended, p. 717, � 2, effective July 1. L. 78: (2) amended, p. 302, � 4, effective July 1. L. 79: (2) amended, p. 919, � 1, effective July 1; (2) amended, p. 803, � 5, effective July 1; (2) amended, p. 553, � 1, effective March 1, 1980. L. 80: (1)(g) amended, p. 438, � 2, effective January 1, 1981. L. 83: (2) amended, p. 473, � 4, effective April 5. L. 85: (2) amended, p. 566, � 12, effective July 1; (2) amended, p. 484, � 2, effective July 1; (2) amended, p. 532, � 12, effective July 1; (2) amended, p. 505, � 21, effective July 1; (2) amended, p. 510, � 8, effective July 1; (2) amended, p. 538, � 13, effective July 1; IP(1) and (1)(f) amended, p. 570, � 3, effective November 14, 1986. L. 86: (2) amended, p. 978, � 9, effective April 3; (2) amended, p. 653, � 31, effective July 1; (2) amended, p. 498, � 116, effective July 1; (2) amended, p. 621, � 34, effective July 1; (2) amended, p. 1217, � 14, effective July 1. L. 88: (2)(x) added, p. 1305, � 14, effective April 29; (2)(o) and (2)(p) amended and (2)(u) added, p. 1199, � 9, effective May 3; (2)(o) and (2)(p) amended and (2)(r) added, p. 470, � 12, effective July 1; (2)(o) amended and (2)(s) and (2)(t) added, p. 568, � 6, effective July 1; (2)(o) and (2)(p) amended and (2)(v) added, p. 582, � 2, effective July 1; (2)(q) added, p. 502, � 22, effective July 1; (2)(w) added, p. 593, � 19, effective July 1. L. 89: (2)(m) amended, p. 744, � 23, effective April 3; (2)(y), (2)(z), and (2)(aa) added, pp. 728, 747, 406, �� 31, 4, 6, effective July 1. L. 89, 1st Ex. Sess.: (2)(bb) added, p. 13, � 3, effective July 7. L. 90: (2)(l) amended, p. 1128, � 2, effective July 1. L. 91: (2)(cc) added, p. 2425, � 4, effective June 8; (2)(a) amended and (4) added, p. 1337, � 54, effective July 1. L. 92: (2)(dd) added, p. 1613, � 167, effective May 20; (1)(b) amended, p. 271, � 1, effective July 1. L. 93: (2)(ee) added, p. 1235, � 2, effective July 1; (2)(ee) added, p. 1033, � 14, effective July 1; (2)(ff) added, p. 1532, � 1, effective July 1. L. 94: (2)(y) repealed, p. 705, � 7, effective April 19; (1)(h) added, p. 1474, � 3, effective July 1. L. 95: (2)(a) and (4) amended, p. 235, � 4, effective April 17; (2)(f) amended, p. 1072, � 24, effective July 1; (2)(aa) amended, p. 419, � 6, effective July 1. L. 98: (2)(s) amended, p. 1158, � 28, effective July 1; (2)(gg) added, p. 1186, � 4, effective July 1; (2)(o) and (2)(aa) amended, p. 818, � 14, effective August 5. L. 2001: (2)(ii) added, p. 1260, � 8, effective June 5; (2)(hh) added, p. 480, � 13, effective July 1. L. 2003: (2)(jj) added, p. 1828, � 21, effective May 21; (2)(b) amended, p. 1209, � 18, effective July 1. L. 2004: (2)(c) amended, p. 1310, � 52, effective May 28; (2)(g) amended, p. 857, � 2, effective July 1. L. 2006: (2)(c) and (2)(r) amended, p. 761, � 19, effective July 1. L. 2008: (2)(kk) added, p. 830, � 3, effective July 1; (2)(s) and (2)(t) amended, p. 426, � 25, effective August 5. L. 2010: (2)(f) amended, (HB 10-1260), ch. 403, p. 1985, � 70, effective July 1; IP(1) amended, (HB 10-1395), ch. 364, p. 1719, � 1, effective August 11. L. 2011: IP(2) and (2)(i) amended, (SB 11-094), ch. 129, p. 451, � 29, effective April 22; IP(2) and (2)(s) amended, (SB 11-187), ch. 285, p. 1326, � 66, effective July 1. L. 2012: (2)(z) amended, (HB 12-1297), ch. 139, p. 506, � 4, effective April 26; (2)(k) amended, (HB 12-1311), ch. 281, p. 1617, � 33, effective July 1. L. 2013: (2)(m.5) added, (HB 13-1277), ch. 352, p. 2054, � 4, effective January 1, 2015. L. 2014: (2)(kk) amended and (2)(ll) added, (HB 14-1398), ch. 353, p. 1646, � 3, effective June 6; (2)(g) amended, (HB 14-1227), ch. 363, p. 1736, � 41, effective July 1. L. 2016: (1)(g) amended, (SB 16-189), ch. 210, p. 758, � 22, effective June 6. L. 2018: (2)(gg) amended, (SB 18-1375), ch. 274, p. 1696, � 9, effective May 29; (2)(ee) amended, (HB 18-1024), ch. 26, p. 321, � 8, effective October 1; (2)(gg) amended, (SB 18-036), ch. 34, p. 377, � 4, effective October 1. L. 2019: (2)(o) repealed, (SB 19-241), ch. 390, p. 3463, � 6, effective August 2; (2)(mm) added, (SB 19-002), ch. 157, p. 1872, � 4, effective August 2; (2)(d), (2)(e), (2)(f), (2)(g), (2)(h), (2)(i), (2)(j), (2)(k), (2)(m), (2)(o), (2)(q), (2)(r), (2)(s), (2)(v), (2)(bb), (2)(ff), (2)(hh), (2)(ii), and (2)(kk) amended, (HB 19-1172), ch. 136, p. 1661, � 66, effective October 1. L. 2020: (1)(h) amended, (SB 20-100), ch. 61, p. 204, � 2, effective March 23; (2)(m.5) repealed, (HB 20-1402), ch. 216, p. 1045, � 23, effective June 30; (2)(bb) repealed, (HB 20-1183), ch. 157, p. 699, � 49, effective July 1; (2)(gg) repealed, (HB 20-1001), ch. 302, p. 1516, � 13, effective July 14; (1)(g) amended, (HB 20-1056), ch. 64, p. 262, � 4, effective September 14; (2)(kk) amended and (2)(ll) repealed, (HB 20-1217), ch. 93, p. 369, � 3, effective September 14. L. 2021: (2)(kk) amended, (SB 21-003), ch. 4, p. 29, � 6, effective January 21; (2)(nn) added, (HB 21-1282), ch. 482, p. 3444, � 2, effective January 1, 2022. L. 2022: (1)(g) and (2)(g) amended, (SB 22-219), ch. 381, p. 2724, � 32, effective January 1, 2023.
Editor's note: (1) Amendments to subsection (2) by House Bill 79-1234 and
Senate Bill 79-038 were harmonized with Senate Bill 79-099, effective March 1, 1980.
(2) Amendments to subsection (2) by Senate Bill 85-013, Senate Bill 85-049,
House Bill 85-1030, House Bill 85-1031, House Bill 85-1032, and House Bill 85-1209 were harmonized.
(3) Amendments to subsection (2) by Senate Bill 86-011, Senate Bill 86-012,
Senate Bill 86-165, House Bill 86-1029, and House Bill 86-1268 were harmonized.
(4) Amendments to subsection (2)(ee) by House Bill 93-1034 and House Bill
93-1268 were harmonized.
(5) Amendments to subsection (2)(gg) by HB 18-1375 and SB 18-036 were
harmonized.
(6) Subsection (2)(o) was amended in HB 19-1172, effective October 1, 2019.
However, those amendments were superseded by the repeal of subsection (2)(o) in SB 19-241, effective August 2, 2019.
Cross references: For the legislative declaration contained in the 2003 act
enacting subsection (2)(jj), see section 1 of chapter 279, Session Laws of Colorado 2003. For the legislative declaration in SB 19-002, see section 1 of chapter 157, Session Laws of Colorado 2019. For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022.
C.R.S. § 13-50-105
13-50-105. Actions by and against partnerships and associations - what property bound by judgment. A partnership or other unincorporated association may sue or be sued in an action in its common name to enforce for or against it a substantive right; except that in such action only the property of the partnership or other unincorporated association, the joint property of the associates, and the separate property of any individual member thereof who is named as a party individually and over whom individually the court has acquired jurisdiction either by entry of appearance or by service of process may be bound by the judgment therein.
Source: L. 55: p. 497, � 1. CRS 53: � 76-1-6. C.R.S. 1963: � 76-1-6.
Cross references: For judgment against partnership, see C.R.C.P. 54(e).
ARTICLE 50.5
Uniform Contribution Among
Tortfeasors
Law reviews: For article, The Apportionment of Tort Responsibility, see 14
Colo. Law. 741 (1985); for article, Legal Aspects of Health and Fitness Clubs: A Healthy and Dangerous Industry, see 15 Colo. Law. 1787 (1986); for article, Set-Off Under the Contribution and Collateral Source Statutes, see 21 Colo. Law. 1421 (1992).
13-50.5-101. Short title. This article shall be known and may be cited as the
Uniform Contribution Among Tortfeasors Act.
Source: L. 77: Entire article added, p. 808, � 1, effective July 1.
13-50.5-102. Right to contribution - contract or agreement provision to
indemnify or hold harmless void against public policy. (1) Except as otherwise provided in this article, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.
(2) The right of contribution exists only in favor of a tortfeasor who has paid
more than his pro rata share of the common liability, and his total recovery is limited to the amount paid by him in excess of his pro rata share. No tortfeasor is compelled to make contribution beyond his own pro rata share of the entire liability.
(3) There is no right of contribution in favor of any tortfeasor who has
intentionally, willfully, or wantonly caused or contributed to the injury or wrongful death.
(4) A tortfeasor who enters into a settlement with a claimant is not entitled
to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.
(5) A liability insurer, who by payment has discharged in full or in part the
liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasor's right of contribution to the extent of the amount it has paid in excess of the tortfeasor's pro rata share of the common liability. This provision does not limit or impair any right of subrogation arising from any other relationship.
(6) This article does not impair any right of indemnity under existing law.
Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of his indemnity obligation.
(7) This article shall not apply to breaches of trust or of other fiduciary
obligation.
(8) (a) Any public contract or agreement for architectural, engineering, or
surveying services; design; construction; alteration; repair; or maintenance of any building, structure, highway, bridge, viaduct, water, sewer, or gas distribution system, or other works dealing with construction, or any moving, demolition, or excavation connected with such construction that contains a covenant, promise, agreement, or combination thereof to defend, indemnify, or hold harmless any public entity is enforceable only to the extent and for an amount represented by the degree or percentage of negligence or fault attributable to the indemnity obligor or the indemnity obligor's agents, representatives, subcontractors, or suppliers. Any such covenant, promise, agreement, or combination thereof requiring an indemnity obligor to defend, indemnify, or hold harmless any public entity from that public entity's own negligence is void as against public policy and wholly unenforceable.
(b) This subsection (8) shall not apply to construction bonds, contracts of
insurance, or insurance policies that provide for the defense, indemnification, or holding harmless of public entities or contract clauses regarding insurance. This subsection (8) is intended only to affect the contractual relationship between the parties relating to the defense, indemnification, or holding harmless of public entities, and nothing in this subsection (8) shall affect any other rights or remedies of public entities or contracting parties.
(c) If the indemnity obligor is a person or entity providing architectural,
engineering, surveying, or other design services, then the extent of an indemnity obligor's obligation to defend, indemnify, or hold harmless an indemnity obligee may be determined only after the indemnity obligor's liability or fault has been determined by adjudication, alternative dispute resolution, or otherwise resolved by mutual agreement between the indemnity obligor and obligee.
Source: L. 77: Entire article added, p. 808, � 1, effective July 1. L. 87: (6)
amended, p. 1577, � 18, effective July 10. L. 88: (8) added, p. 404, � 2, effective May 17. L. 89: (8) amended, p. 760, � 1, effective March 15. L. 2015: (8) amended, (HB 15-1197), ch. 93, p. 265, � 1, effective September 1.
13-50.5-103. Pro rata shares. The relative degrees of fault of the joint
tortfeasors shall be used in determining their pro rata shares.
Source: L. 77: Entire article added, p. 809, � 1, effective July 1. L. 86: Entire
section amended, p. 681, � 2, effective July 1.
13-50.5-104. Enforcement. (1) Whether or not judgment has been entered in
an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action.
(2) Where a judgment has been entered in an action against two or more
tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action.
(3) If there is a judgment for the injury or wrongful death against the
tortfeasor seeking contribution, any separate action by him to enforce contribution must be commenced within one year after the judgment has become final by lapse of time for appeal or after appellate review.
(4) If there is no judgment for the injury or wrongful death against the
tortfeasor seeking contribution, his right of contribution is barred unless he has either:
(a) Discharged by payment the common liability within the statute of
limitations period applicable to claimant's right of action against him and has commenced his action for contribution within one year after payment; or
(b) Agreed while action is pending against him to discharge the common
liability and has within one year after the agreement paid the liability and commenced his action for contribution.
(5) The recovery of a judgment for an injury or wrongful death against one
tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.
(6) The judgment of the court in determining the liability of the several
defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution.
Source: L. 77: Entire article added, p. 809, � 1, effective July 1.
13-50.5-105. Release or covenant not to sue. (1) When a release or a
covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:
(a) It does not discharge any of the other tortfeasors from liability for their
several pro rata shares of liability for the injury, death, damage, or loss unless its terms so provide; but it reduces the aggregate claim against the others to the extent of any degree or percentage of fault or negligence attributable by the finder of fact, pursuant to section 13-21-111 (2) or (3) or section 13-21-111.5, to the tortfeasor to whom the release or covenant is given; and
(b) It discharges the tortfeasor to whom it is given from all liability for
contribution to any other tortfeasor.
Source: L. 77: Entire article added, p. 810, � 1, effective July 1. L. 86: (1)(a)
amended, p. 681, � 3, effective July 1.
13-50.5-106. Uniformity of interpretation. This article shall be so
interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.
Source: L. 77: Entire article added, p. 810, � 1, effective July 1.
JUDGMENTS AND EXECUTIONS
ARTICLE 51
Declaratory Judgments
Law reviews: For article, Declaratory Judgment Actions to Resolve
Insurance Coverage Questions, see 18 Colo. Law. 2299 (1989).
C.R.S. § 13-74-110
13-74-110. Procedural matters. Procedural matters not specifically addressed by the provisions of this article shall be governed by the provisions of article 72 of this title and other applicable Colorado statutes and by the Colorado rules of criminal procedure relating to grand juries.
Source: L. 89: Entire section added, p. 779, � 6, effective July 1.
LIMITATION OF ACTIONS
ARTICLE 80
Limitations - Personal Actions
Editor's note: This article was numbered as article 1 of chapter 87, C.R.S.
-
The substantive provisions of this article were repealed and reenacted in 1986, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1986, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editors' notes following those sections that were relocated. For a detailed comparison of this article, see the comparative tables located in the back of the index.
Cross references: (1) For the general rule that a statute of limitations, although barring the use of a claim for affirmative relief after the limitations period has run, is not a bar to asserting that claim as a defense, see Ackmann v. Merchants Mortg. & Trust Corp., 645 P.2d 7 (Colo. 1982) and Dawe v. Merchants Mortg. & Trust Corp., 683 P.2d 796 (Colo. 1984).
(2) For the holding by the Tenth Circuit Court of Appeals that for purposes of the statute of limitations in 42 U.S.C. � 1983 actions, all civil rights claims are to be generally and uniformly characterized, regardless of discrete facts involved, as actions for injury to personal rights, see Wilson v. Garcia, 731 F.2d 640 (10th Cir. 1984), aff'd, 471 U.S. 261 (1985). For previous cases dealing with the statute of limitations in actions brought under 42 U.S.C. � 1983, see Mucci v. Falcon School Dist. No. 49, 655 P.2d 422 (Colo. App. 1982), and Mackay v. Hammond, 730 F.2d 1367 (10th Cir. 1984). For article, Civil Rights, which discusses Tenth Circuit decisions dealing with the applicable statute of limitations for actions brought under 42 U.S.C. � 1983, see 62 Den. U. L. Rev. 67 (1985).
(3) For the general rule that it is the nature of the right sued upon and not the form of the action or the relief requested which determines the applicable statute of limitation, see Richards Engineers, Inc. v. Spanel, 745 P.2d 1031 (Colo. App. 1987).
(4) For the statute of limitations on the misappropriation of trade secrets, see � 7-74-107; for limitation of actions concerning real property, see part 1 of article 41 of title 38.
Law reviews: For article, United States Supreme Court Review of Tenth Circuit Decisions, which discusses a Tenth Circuit decision dealing with the applicable statute of limitations for actions brought under 42 U.S.C. 1983, see 63 Den. U. L. Rev. 473 (1986); for article, Legal Aspects of Health and Fitness Clubs: A Healthy and Dangerous Industry, see 15 Colo. Law. 1787 (1986); for article, 1986 Colorado Tort Reform Legislation, see 15 Colo. Law. 1363 (1986); for article, 1988 Update on Colorado Tort Reform Legislation -- Part II, see 17 Colo. Law. 1949 (1988); for article, Civil Procedure which discusses Tenth Circuit decisions dealing with the statute of limitations applicable in section 1983 actions, see 65 Den. U. L. Rev. 429 (1988); for article, Finding the Right Limitations Period for 'New' Intentional Torts, see 19 Colo. Law. 875 (1990); for article, Fifteen Years of Colorado Legislative Tort Reform: Where Are We Now?, see 30 Colo. Law. 5 (Feb. 2001).
C.R.S. § 13-80-104
13-80-104. Limitation of actions against architects, contractors, builders or builder vendors, engineers, inspectors, and others. (1) (a) Notwithstanding any statutory provision to the contrary, all actions against any architect, contractor, builder or builder vendor, engineer, or inspector performing or furnishing the design, planning, supervision, inspection, construction, or observation of construction of any improvement to real property shall be brought within the time provided in section 13-80-102 after the claim for relief arises, and not thereafter, but in no case shall such an action be brought more than six years after the substantial completion of the improvement to the real property, except as provided in subsection (2) of this section.
(b) (I) Except as otherwise provided in subparagraph (II) of this paragraph (b),
a claim for relief arises under this section at the time the claimant or the claimant's predecessor in interest discovers or in the exercise of reasonable diligence should have discovered the physical manifestations of a defect in the improvement which ultimately causes the injury.
(II) Notwithstanding the provisions of paragraph (a) of this subsection (1), all
claims, including, but not limited to indemnity or contribution, by a claimant against a person who is or may be liable to the claimant for all or part of the claimant's liability to a third person:
(A) Arise at the time the third person's claim against the claimant is settled
or at the time final judgment is entered on the third person's claim against the claimant, whichever comes first; and
(B) Shall be brought within ninety days after the claims arise, and not
thereafter.
(c) Such actions shall include any and all actions in tort, contract, indemnity,
or contribution, or other actions for the recovery of damages for:
(I) Any deficiency in the design, planning, supervision, inspection,
construction, or observation of construction of any improvement to real property; or
(II) Injury to real or personal property caused by any such deficiency; or
(III) Injury to or wrongful death of a person caused by any such deficiency.
(2) In case any such cause of action arises during the fifth or sixth year after
substantial completion of the improvement to real property, said action shall be brought within two years after the date upon which said cause of action arises.
(3) The limitations provided by this section shall not be asserted as a defense
by any person in actual possession or control, as owner or tenant or in any other capacity, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or damage for which it is proposed to bring an action.
Source: L. 86: Entire article R&RE, p. 697, � 1, effective July 1. L. 2001: (1)(b)
amended, p. 390, � 2, effective August 8.
Editor's note: This section is similar to former � 13-80-127 as it existed prior
to 1986.
C.R.S. § 18-4-417
18-4-417. Unlawful acts - theft detection devices. (1) (a) It is unlawful for any person to knowingly manufacture, distribute, or sell a theft detection shielding device or a theft detection deactivating device with the knowledge that some person intends to use the device in the commission of an offense involving theft.
(b) It is unlawful for any person to possess a theft detection shielding device
or a theft detection deactivating device with the intent to use the device possessed, or with the knowledge that some person intends to use the device possessed, in the commission of an offense involving theft.
(c) It is unlawful for any person to knowingly deactivate or remove a theft
detection device or any component thereof in any store or mercantile establishment without authorization prior to purchase.
(2) As used in this section:
(a) Theft detection deactivating device means any tool, instrument,
mechanism, or other article adapted, designed, engineered, used, or operated to inactivate, incapacitate, or remove a theft detection device without authorization. Theft detection deactivating device includes, but is not limited to, jumper wires, wire cutters, and electronic article surveillance removal devices.
(b) Theft detection device means an electronic or magnetic mechanism,
machine, apparatus, tag, or article designed and operated for the purpose of detecting the unauthorized removal of merchandise from a store or mercantile establishment.
(c) Theft detection shielding device means any tool, instrument,
mechanism, or article adapted, designed, engineered, used, or operated to avoid detection by a theft detection device during the commission of an offense involving theft. Theft detection shielding device includes, but is not limited to, foil-lined or otherwise modified clothing, bags, purses, or containers capable of and for the sole purpose of avoiding detection devices.
(3) Any person who violates any of the provisions of subsection (1) of this
section commits a class 2 misdemeanor.
Source: L. 2001: Entire section added, p. 512, � 2, effective July 1. L. 2012:
(2)(a) and (2)(c) amended, (HB 12-1304), ch. 237, p. 1050, � 3, effective May 29. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3177, � 209, effective March 1, 2022.
Cross references: For the legislative declaration in the 2012 act amending
subsections (2)(a) and (2)(c), see section 1 of chapter 237, Session Laws of Colorado 2012.
C.R.S. § 2-3-1303
2-3-1303. Rules of procedure. (1) The capital development committee may prescribe its own rules of procedure and may appoint an advisory committee from among professionals in the private sector to include but not be limited by the following areas of expertise: Real estate, architecture, finance, and engineering.
(2) Repealed.
Source: L. 85: Entire part added, p. 284, � 1, effective May 23. L. 86: Entire
section amended, p. 408, � 3, effective March 26. L. 89: (2)(a) amended, p. 336, � 2, effective March 15. L. 90: (2) repealed, p. 334, � 24, effective April 3.
C.R.S. § 22-105-107
22-105-107. Fifth-day academic enrichment and support grant program fund. (1) There is created in the state treasury the fifth- day academic enrichment and support grant program fund. The fund consists of money that the general assembly may appropriate or transfer to the fund.
(2) The state treasurer shall credit all interest and income derived from the
deposit and investment of money in the fund to the fund.
(3) The general assembly shall annually appropriate money from the fifth-day academic enrichment and support grant program fund to the department to
implement the grant program. Subject to available appropriations, the department shall expend money from the fund for the award or renewal of grants pursuant to this article 105.The department may use up to five percent of the money annually appropriated for the program to pay the reasonable and necessary direct and indirect costs the department incurs to administer the grant program.
Source: L. 2021: Entire article added, (HB 21-1006), ch. 382, p. 2560, � 1,
effective June 30.
ARTICLE 105.5
Out-of-School Time Program Grant Program
22-105.5-101. Short title. The short title of this article 105.5 is the Out-of-School Time Program Grant Program Act.
Source: L. 2024: Entire article added, (HB 24-1331), ch. 234, p. 1464, � 1,
effective August 7.
22-105.5-102. Legislative declaration. (1) The general assembly finds that
high-quality out-of-school time programs provide academic enrichment in reading, language arts, mathematics, and science, and provide programs and services that are designed to reinforce and complement school-based academic programs in a safe and healthy environment for students.
(2) Therefore, the general assembly declares it necessary to support high-quality out-of-school time programs as an investment in the academic enrichment
and well-being of the children of our state.
Source: L. 2024: Entire article added, (HB 24-1331), ch. 234, p. 1464, � 1,
effective August 7.
22-105.5-103. Definitions. As used in this article 105.5, unless the context
otherwise requires:
(1) Academic enrichment means supplementary programming and services
designed to improve or enhance a student's academic success in reading, language arts, mathematics, and science.
(2) Affordable means available to students at a rate determined by a scale
based on the student's household income. The scale may range from no cost to no more than one hundred dollars per fiscal year per student.
(3) Comprehensive means available to students, at a minimum:
(a) Four days per calendar week during the school year, totaling no less than
ten hours during the calendar week, except during a winter seasonal break; and
(b) No less than an average of twenty-five hours per calendar week during
the summer seasonal break.
(4) Department means the department of education created and existing
pursuant to section 24-1-115.
(5) Eligible entity means an entity that meets the eligibility criteria set
forth in section 22-105.5-105.
(6) Grant program means the out-of-school time program grant program
created pursuant to section 22-105.5-104.
(7) Out-of-school time program means a program that:
(a) Is available to students who are enrolled in a public school in
kindergarten through twelfth grade; and
(b) Provides affordable and comprehensive academic enrichment and related
services during times when school is not in session, including before school, after school, seasonal breaks, staff in-service days, staff conference days, or the fifth day of the week if the program serves students who are enrolled in a public school that operates on a four-day week.
(8) State board of education or state board means the state board of
education created and existing pursuant to section 1 of article IX of the state constitution.
Source: L. 2024: Entire article added, (HB 24-1331), ch. 234, p. 1465, � 1,
effective August 7.
22-105.5-104. Out-of-school time program grant program - created - use of
grants - funding - rules - repeal. (1) There is created in the department the out-of-school time program grant program to provide grants to eligible entities that provide out-of-school time programs that are affordable and comprehensive to students who are enrolled in a public school.
(2) A grant recipient shall use money received through the grant program to
implement the following, which must be evidence-informed and high-quality:
(a) Academic enrichment;
(b) Opportunities for development in literacy, science, technology,
engineering, mathematics, and other subject matters for students and families;
(c) A safe learning environment and resources to increase student
engagement in school and reduce chronic absenteeism;
(d) Programs and services that provide a well-rounded education and are
designed to reinforce and complement school-based academic programs, including youth development activities, art, music, outdoor programs, recreational programs, technology education programs, physical health activities, and social and emotional wellness services; and
(e) Opportunities to develop meaningful workforce readiness and life skills.
(3) (a) The department shall administer the grant program.
(b) Subject to available appropriations, the state board shall award grants as
provided in section 22-105.5-105.
(c) (I) For the 2024-25, 2025-26, and 2026-27 state fiscal years, the general
assembly shall appropriate three million five hundred thousand dollars in each state fiscal year from the general fund to the department for purposes of this section. Any unexpended money remaining at the end of the 2024-25 or 2025-26 state fiscal year from an appropriation made pursuant to this subsection (3)(c)(I):
(A) May be used by the department in the 2025-26 or 2026-27 state fiscal
years without further appropriation; and
(B) Must not be used for any purpose other than the purposes of this section.
(II) This subsection (3)(c) is repealed, effective July 1, 2029.
(4) The department shall implement the grant program in accordance with
this article 105.5. The state board may promulgate rules as may be necessary to implement the grant program, which may include rules that specify the time frames for applying for grants and the form of the application, the time frames for distributing grant money, and the amount of the grant based on the number of students served and available money, including circumstances when a recipient receives additional money.
Source: L. 2024: Entire article added, (HB 24-1331), ch. 234, p. 1465, � 1,
effective August 7. L. 2025: (3)(c)(I) amended, (HB 25-1320), ch. 236, p. 1175, � 23, effective May 23.
Cross references: For the legislative declaration in HB 25-1320, see section 1
of chapter 236, Session Laws of Colorado 2025.
22-105.5-105. Grant program eligibility - application - criteria - awards. (1)
To be eligible to receive a grant, an entity:
(a) Must be a nonprofit organization that is exempt from taxation pursuant to
section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, with at least five years' experience providing affordable and comprehensive academic enrichment and related services to students in the state; and
(b) May, but is not required to, have a partnership with a school district in
which the entity will provide affordable and comprehensive academic enrichment and related services to students.
(2) To receive a grant, an eligible entity must submit an application to the
department. At a minimum, the application must include the following:
(a) Evidence that the entity meets the eligibility requirements described in
subsection (1) of this section;
(b) Evidence of the entity's experience and ability to provide affordable and
comprehensive academic enrichment and related services;
(c) Information concerning how the entity will provide academic enrichment
and related services, including a specific plan to provide additional programming and services in science or science, technology, engineering, and mathematics, to students according to students' demonstrated needs in order to improve academic success and outcomes; and
(d) Information concerning the students that the eligible entity currently
serves, or will be able to serve, as described in subsection (3)(b) of this section.
(3) (a) The department shall review the applications received pursuant to this
section to determine eligibility for the grant program, and, subject to available appropriations, the state board shall award grants to eligible entities.
(b) Subject to available appropriations, the state board shall prioritize
awarding grants to eligible entities that:
(I) Demonstrate that the entity currently serves, or will be able to serve with
the grant award, students who are struggling in school and in need of academic enrichment;
(II) Demonstrate experience in providing academic enrichment to students;
(III) Currently serve, or will be able to serve with the grant award, students
who qualify for free or reduced-price meals pursuant to the federal Richard B. Russell National School Lunch Act, 42 U.S.C. sec. 1751 et seq.;
(IV) Currently serve, or will be able to serve with the grant award, students
who are English language learners;
(V) Have a primary mission to provide an out-of-school time program to
students; and
(VI) Currently serve, or will be able to serve with the grant award, students at
no cost if the student's family is unable to afford the program based on the student's household income.
(c) The state board shall award grants to eligible entities for a period
determined by the state board. The state board shall determine the amount of the grants based on the number of students served in the out-of-school time program.
Source: L. 2024: Entire article added, (HB 24-1331), ch. 234, p. 1466, � 1,
effective August 7.
22-105.5-106. Reporting requirements. (1) On or before July 1, 2026, and on
or before July 1 each year thereafter in which a grant is awarded, each grantee shall submit a report to the department. At a minimum, the report must include the following information:
(a) The unique student identifier that is assigned pursuant to section 22-16-105 (1) or the name, date of birth, and enrolled school for each student who
participates or participated in the out-of-school time program during the preceding year;
(b) The total number of hours for each student who participates or
participated in the out-of-school time program during the preceding year;
(c) A detailed description of how and when the grant recipient used the grant
award, including before school, after school, seasonal breaks, staff in-service days, staff conference days, or the fifth day of the week if the program serves students who are enrolled in a public school that operates on a four-day week;
(d) Measures of performance, including student attendance; earned on-time
grade level promotion; evidence of increased family engagement in the student's education; evidence of increased engagement in school, including assignment completion; and improved social and emotional skills; and
(e) Evidence of student academic achievement in reading, language arts,
mathematics, and science.
(2) An eligible entity that receives a grant from the grant program may enter
into a data-sharing agreement with the department, school district, or a school to collect data relevant for the reporting requirements pursuant to this section.
(3) The department shall not continue to provide grant funding to the grant
recipient unless the grant recipient complies with the reporting requirements pursuant to this section.
(4) The department shall conduct a thorough evaluation of the grant
program, including, at a minimum, academic outcomes, attendance outcomes, and other outcome data provided by grantees pursuant to this section. In conducting the evaluation, the department shall use student-level data on the academic performance indicators, including, at a minimum, state assessment performance scores, attendance data, and other data as necessary.
(5) On or before March 31, 2027, and on or before March 31 each year
thereafter for the duration of the grant program, the department shall submit a summarized report of information provided by the eligible entities that received a grant to the education committees of the senate and the house of representatives, or any successor committees.
(6) The eligible entity and the department, school district, or school that
shares data pursuant to subsection (2) of this section, and the department in producing the report pursuant to subsection (5) of this section, shall comply with all federal and state laws regarding the protection of student data, including the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. sec. 1232g, as amended, and the Student Data Transparency and Security Act, article 16 of this title 22.
(7) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirements set
forth in this section continue indefinitely.
Source: L. 2024: Entire article added, (HB 24-1331), ch. 234, p. 1468, � 1,
effective August 7. L. 2025: IP(1) and (5) amended, (HB 25-1320), ch. 236, p. 1175, � 24, effective May 23.
Cross references: For the legislative declaration in HB 25-1320, see section 1
of chapter 236, Session Laws of Colorado 2025.
ARTICLE 106
Colorado Student Leaders Institute
Editor's note: This article 106 was added with relocations in 2023. Former
C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
C.R.S. § 22-106-103
22-106-103. Colorado student leaders institute - applications. (1) There is in the department of education the Colorado student leaders institute. The year-long institute shall operate a competitive residential summer academic program for students who are entering tenth or eleventh grade in the coming fall semester. The program operated by the institute must be for four weeks each summer during which time students who are accepted to the institute attend college-level classes, lectures, and seminars as well as enrichment activities, including concerts and theatrical productions. Each student who is accepted to the institute is encouraged to donate up to four hundred dollars to the institute to assist in meeting operational costs. Subject to available appropriations, up to one hundred students may annually participate in the institute. The host institution and the department shall not operate the Colorado student leaders institute in the 2025-26 state fiscal year.
(2) (a) The institute shall annually offer classes in at least the following two
areas:
(I) Science, technology, engineering, arts, and mathematics; and
(II) International social studies.
(b) The institute shall annually provide enrichment activities for students
who participate in the institute, which must include but need not be limited to activities relating to visual expression and music appreciation.
(c) In addition to participating in classes and enrichment activities, students
who participate in the institute must:
(I) Complete a history research project for a competition held during the
term of the institute; and
(II) Complete a public service practicum that includes a final report of
findings and recommendations to the general assembly for legislative action.
(3) (a) (I) To apply to participate in the institute:
(A) A student who is enrolled in a public school that is not a charter school
must be nominated by the superintendent of the school district in which the student is enrolled; and
(B) A student who is enrolled in a charter school or in a private school must
be nominated by the principal of the school.
(II) A student who is participating in a nonpublic home-based educational
program, as described in section 22-33-104.5, may apply without having been nominated.
(b) To apply to participate in the institute, a student must submit an
application to the host institution that is in the form and meets the requirements established by the host institution. If the applying student is enrolled in a public school, the student must submit a copy of the student's individual career and academic plan, as described in section 22-2-136, with the application.
(4) The host institution shall award three hours of postsecondary academic
credit to each student who successfully completes the institute. The school district or high school in which each student is enrolled is encouraged to apply the academic credit hours that a student receives for completing the institute toward academic credit hours earned in civics, to apply toward the completion of the student's high school graduation requirements.
Source: L. 2023: Entire article added with relocations, (SB 23-086), ch. 117, p.
423, � 1, effective July 1. L. 2025: (1) amended, (SB 25-215), ch. 115, p. 474, � 1, effective April 25.
Editor's note: This section is similar to former � 23-77-103 as it existed prior
to 2023.
C.R.S. § 22-2-127.8
22-2-127.8. Social media impacts on mental health education literacy - resource bank - technical assistance - reporting - definition. (1) (a) The department shall create and maintain a resource bank of existing evidence-based, research-based scholarly articles and promising program materials and curricula pertaining to the mental and physical health impacts of social media use by youth, internet safety, and cybersecurity. The department shall convene a temporary stakeholder group to assist with the creation and development of a plan for ongoing maintenance of the resource bank by the department. The stakeholder group shall also identify avenues for informing local education providers, parents, youth, and the public about the resource bank. The materials and curricula may be used in elementary and secondary schools in the state. To the extent possible, the resource bank materials, scholarly articles, and curricula must be youth-friendly, culturally sensitive, and available in both English and Spanish, and may include internet links to scholarly articles, resources, and materials about the mental and physical health impacts of social media use, internet safety, and cybersecurity from entities that the department finds reliable.
(b) To create the resource bank described in subsection (1)(a) of this section,
the department shall convene a temporary stakeholder group to identify the scholarly articles, materials, and curricula that will be a part of the resource bank.
(c) The stakeholder group must consist of no more than fifteen members,
including a department representative and, when possible, a person or people representing each of the following: Educators; school mental health professionals; parents; youth between the ages of eighteen to twenty-five; public health advocacy non-profits; an expert in technology such as a cybersecurity expert, a representative from a technology industry association, or a technology engineer; and youth mental health professionals such as a social worker, a child adolescent psychiatrist, or other professional specializing in youth mental health.
(d) When possible, as part of the resource bank, the department, with
assistance from the stakeholder group, shall identify what grade or age-group materials are appropriate for, and when possible, when a material could be used for a standard within the comprehensive health education standards.
(2) On and after July 1, 2025, the department shall make the materials in the
resource bank available without charge to local education providers, professional educators, parents or guardians of youth, students, and community providers. A local education provider is not required to adopt or implement any material or curricula from the resource bank. At the request of a local education provider, the department shall provide technical assistance to the local education provider in designing age-appropriate curricula pertaining to mental health.
(3) The materials and resources in the resource bank that are available to
youth must be developed and updated with input from youth.
(4) Local education providers are encouraged to report to the department on
the effectiveness of the resource bank materials and curricula and to recommend changes to improve the materials and curricula. The department is encouraged to update the resource bank materials and curricula based on recommendations from local education providers, professional educators, parents or guardians of youth, students, and community providers.
(5) The department shall collect disaggregated data on how often the
materials and curricula are accessed and include that information at the department's annual SMART Act hearing held pursuant to part 2 of article 7 of title 2.
(6) As used in this section, unless the context otherwise requires, local
education provider means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, the Colorado school for the deaf and the blind authorized pursuant to section 22-80-102, an approved facility school as defined in section 22-2-402, or a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates one or more public schools.
Source: L. 2024: Entire section added, (HB 24-1136), ch. 460, p. 3186, � 2,
effective August 7.
Cross references: For the legislative declaration in HB 24-1136, see section 1
of chapter 460, Session Laws of Colorado 2024.
C.R.S. § 22-2-146.6
22-2-146.6. Colorado academic accelerator grant program - report - rules - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Colorado academic accelerator grant program or grant program
means the Colorado academic accelerator grant program created in subsection (2) of this section.
(b) Community-based organization means a public or private nonprofit
organization of demonstrated effectiveness that is representative of a community or significant segments of a community and provides educational or related services to individuals in the community.
(c) Community learning center means an entity that assists students to
meet the rigorous state academic standards by providing students with free academic enrichment and support activities and a broad array of other activities during nonschool hours, periods when school is not in session, or during extended learning hours.
(d) Eligible entity means a local education provider, a community-based
organization, an Indian tribe or tribal organization, another public or private entity, or a consortium of two or more agencies, organizations, or entities.
(e) Evidence-informed means a program or practice in mathematics that
relies on peer-reviewed evidence to establish a basis for accelerating learning. Evidence-informed includes evidence-informed curricula, interventions, and assessment options.
(f) Local education provider means a school district, a charter school
authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a board of cooperative services created and operated pursuant to article 5 of this title 22 that operates more than one public school.
(g) STEM means the combination of the disciplines of science, technology,
engineering, and mathematics.
(2) (a) There is created in the department the Colorado academic accelerator
grant program. The purpose of the grant program is to create community learning centers that:
(I) Provide opportunities for free academic enrichment and support activities,
which must include providing tutorial services to help students, particularly students who attend high-needs schools, as determined by the department, to meet rigorous state academic standards, specifically in STEM and mathematics, and to increase proficiencies in mathematics outcomes; and
(II) Offer families of students opportunities for active and meaningful
engagement in students' education, including opportunities for mathematics literacy and related educational development.
(b) The department shall administer the grant program. An eligible entity
that receives grant money pursuant to this section shall use the grant money toward meeting the purposes set forth in subsection (2)(a) of this section. Eligible entities are selected for a grant that runs for a period of three years. If a community-based organization applies, the community-based organization must be experienced in out-of-school supports and shall partner with a local education provider as an eligible entity.
(c) The department shall implement a timeline for the grant program, which
must include the following:
(I) The date the department shall announce the grant program and begin
accepting applications from eligible entities;
(II) The date by which an eligible entity must submit an application;
(III) The date the department shall begin distributing grant money to the
grantees; and
(IV) The dates an eligible entity shall submit a report to the department
summarizing the use of funds pursuant to this section, including data on the academic improvement of students in mathematics disaggregated by race, ethnicity, gender, grade level, disability, socioeconomic status, geographic location, and English language learner status.
(3) (a) The department shall prioritize eligible entities that:
(I) Adopt intervention strategies described in section 22-32-118.6 or 22-30.5-526.5;
(II) Use evidence-informed programs that build student skills in STEM and
mathematics;
(III) Use digital math accelerator programs;
(IV) Serve high-needs students, as determined by the department;
(V) Target students who transition from elementary school to middle school
and middle school to high school;
(VI) Have an established presence and relationship in the community; and
(VII) Have demonstrated in the application how the eligible entity will meet
the needs of diverse student populations.
(b) The department shall review the applications submitted pursuant to
subsection (2)(c)(II) of this section.
(c) The department shall not use more than five percent of state funds to
administer the grant program, including, but not limited to:
(I) Monitoring and evaluating grant program activities; and
(II) Providing training and technical assistance.
(d) The department shall ensure eligible entities use evidence-informed
curricula and interventions in mathematics as identified by the department pursuant to section 22-2-146.5, including any state-purchased curricula or digital software focused on mathematics.
(4) (a) Eligible entities shall use grant funds for free academic enrichment
and support activities and tutoring programs with a focus on STEM and mathematics, particularly for students who are below grade level or struggling in mathematics; children with disabilities, as defined in section 22-20-103; and students who are English language learners.
(b) Eligible entities may use grant funds to:
(I) Facilitate programs to engage communities to support high-needs
schools, as determined by the department;
(II) Create mentorship programs; and
(III) Provide other academic or social enrichment opportunities, including
experiential mathematics activities, to help ensure students can meet the state's rigorous academic standards.
(c) If a local education provider receives a grant to become a community
learning center, the local education provider shall provide free academic enrichment and support programs, mentorship programs, remedial education programs, and tutoring services that align with the state's rigorous academic standards.
(d) (I) If a local education provider in partnership with a community-based
organization receives a grant to become a community learning center, the local education provider shall provide free academic enrichment and support programs, mentorship programs, remedial education programs, and tutoring services that align with the state's rigorous academic standards. The local education provider shall coordinate with the community-based organization to share data on student performance that is relevant to each student's performance in school in accordance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. sec. 1232g, as amended, and the Student Data Transparency and Security Act, created in article 16 of this title 22.
(II) The local education provider shall coordinate with community-based
organization instructors to:
(A) Offer access to relevant district or state training focused on STEM and
mathematics instruction, including training created pursuant to section 22-2-146.5 (2); and
(B) Provide access to district or statewide software licenses for digital math
accelerator programs.
(5) The state board may promulgate rules for the implementation of this
section.
(6) (a) On or before July 1, 2024, the department shall contract with a third-party evaluator, in accordance with the Procurement Code, articles 101 to 112 of
title 24, to review, evaluate, and draft a report summarizing the following:
(I) The impact of the grant program on financial savings for parents;
(II) Data on student engagement, dropout rates, graduation rates, chronic
absenteeism, and mobility rates;
(III) Student academic improvement in mathematics, including data
disaggregated by race, ethnicity, gender, grade level, disability, socioeconomic status, geographic location, and English language learner status; and
(IV) The disaggregated data of eligible entities submitted to the department
pursuant to subsection (2)(c)(IV) of this section.
(b) The department shall collect the data reported to the department by
eligible entities pursuant to subsection (2)(c)(IV) of this section and by the third-party evaluator pursuant to this subsection (6).
(7) (a) Notwithstanding section 24-1-136 (11)(a)(I), on or before January 1,
2025, and each January 1 thereafter, the department shall submit the report described in subsection (6) of this section to the education committees of the house of representatives and the senate, or their successor committees, the governor, and the state board.
(b) Beginning January 2025, the department shall report on the information
collected pursuant to subsection (7)(a) of this section at the department's annual hearing held pursuant to the SMART Act, part 2 of article 7 of title 2.
(8) The department and eligible entities shall report data pursuant to this
section in compliance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. sec. 1232g, as amended, and the Student Data Transparency and Security Act, created in article 16 of this title 22.
(9) For the 2023-24 budget year, the general assembly shall appropriate
twenty-four million five hundred thousand dollars to the department. The department shall have the authority to spend funds continuously through the 2026-27 budget year for the purposes of this section. Any unexpended funds that remain at the end of the 2026-27 budget year revert back to the general fund.
Source: L. 2023: Entire section added, (HB 23-1231), ch. 190, p. 942, � 4,
effective May 15. L. 2024: (4)(d)(II)(A) amended, (HB 24-1450), ch. 490, p. 3414, � 33, effective August 7.
C.R.S. § 22-2-146.8
22-2-146.8. Department of education - improving science outcomes - teacher professional development - report - appropriation - legislative declaration - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Children with disabilities has the same meaning as set forth in section
22-20-103.
(b) Colorado academic standards for science means evidence-informed
standards for student learning in science as adopted by the state board of education.
(c) Eligible teacher means a person who is licensed pursuant to article 60.5
of this title 22 or is authorized pursuant to section 22-60.5-111 to teach and who is employed by a local education provider in the state to provide science instruction. Eligible teacher also includes an educator who is employed by an Indian tribe or tribal organization in the state to provide science instruction.
(d) Evidence-informed means a program or practice in science that relies
on peer-reviewed evidence to establish a basis for accelerating learning. Evidence-informed includes evidence-informed curricula, interventions, acceleration strategies, and assessment options.
(e) Local education provider means a school district, a charter school
authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates more than one public school.
(f) Rural school district means a school district in Colorado that the
department determines is rural based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area.
(g) Small rural school district means a school district in Colorado that the
department determines is rural based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area and that enrolls fewer than one thousand students in pre-kindergarten through twelfth grade.
(h) Standard has the same meaning as set forth in section 22-7-1003.
(2) The department shall contract with a Colorado institution of higher
education in accordance with the Procurement Code, articles 101 to 112 of title 24, to make available no later than the beginning of the 2025-26 school year a free, optional professional development program hosted on a regional basis around the state that includes an opportunity for both in-person and virtual participation and that is designed to enhance pedagogy around the Colorado academic standards for science. The Colorado institution of higher education selected for the contract may partner with other non-profits or third-party providers that offer professional development opportunities to teachers that enhance pedagogy around the Colorado academic standards for science. The professional development program must:
(a) Be designed to enhance student instruction around the Colorado
academic standards for science, including coverage of the science and engineering practices, disciplinary core ideas, and cross-cutting concepts provided by the standards;
(b) Include evidence-informed interventions and strategies to grow and
accelerate student proficiencies in science to help students who are below grade level or struggling in science, children with disabilities, gifted students, and students who are English language learners;
(c) Include, but need not be limited to, content aligned with Colorado
academic standards for science, which include cultivation of scientific inquiry and best practices;
(d) Incentivize eligible teacher participation by offering ongoing professional
development credit toward licensure renewal pursuant to article 60.5 of this title 22;
(e) Be structured to give local education providers and teachers planning
professional development activities sufficient time to pursue ongoing professional development credit toward licensure renewal pursuant to article 60.5 of this title 22; and
(f) Prioritize professional development for eligible teachers employed at
local education providers located in rural school districts and small rural school districts if demand exceeds program capacity.
(3) On or before January 30, 2027, the department shall report to the
education committees of the house of representatives and the senate, or their successor committees, and the state board on the number of eligible teachers, disaggregated by license type and local education provider, who participated in the professional development program created in this section.
(4) (a) The general assembly declares that, for purposes of section 17 of
article IX of the state constitution, a professional development program to enhance pedagogy around the Colorado academic standards for science is an important element in implementing accountable programs to meet state academic standards and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
(b) For the 2024-25 budget year, the general assembly shall appropriate
three million dollars from the state education fund to the department. Any money appropriated pursuant to this section that is not expended prior to July 1, 2025, remains available for expenditure for the same purpose in the 2026-27 budget year without further appropriation. At the end of the 2026-27 budget year, the money that is unexpended or unencumbered reverts to the state education fund.
Source: L. 2024: Entire section added, (HB 24-1446), ch. 239, p. 1565, � 2,
effective August 7.
Cross references: For the legislative declaration in HB 24-1446, see section 1
of chapter 239, Session Laws of Colorado 2024.
C.R.S. § 22-32-153
22-32-153. School ventilation and energy efficiency verification and repair - applicability of section - ventilation verification assessment - filtration - HVAC assessment report - mechanical engineer review - adjustments, repairs, upgrades, and replacements - HVAC verification report - certified contractors - grants - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) ACCA means the Air Conditioning Contractors of America.
(b) ASHRAE means the American Society of Heating, Refrigerating and
Air-Conditioning Engineers.
(c) Certified contractor means a contractor on the certified contractor list.
(d) Certified contractor list means the certified contractor list created by
the department of labor and employment pursuant to section 40-3.2-105.6 (3)(a).
(e) Certified TAB technician means a technician certified to perform
testing, adjusting, and balancing of HVAC systems by:
(I) The Associated Air Balance Council;
(II) The National Environmental Balancing Bureau;
(III) The Testing, Adjusting and Balancing Bureau; or
(IV) A successor organization of an organization named in subsection (1)(e)(I),
(1)(e)(II), or (1)(e)(III) of this section.
(f) CO2 means carbon dioxide.
(g) Department means the department of education created in section 24-1-115.
(h) HVAC means heating, ventilation, and air conditioning.
(i) HVAC assessment report means an HVAC assessment report described
in subsection (4) of this section.
(j) International mechanical code means the 2021 international mechanical
code published by the International Code Council or the most recent version adopted by the office of the state architect created in section 24-30-1302.5.
(k) ISO/IEC 17024 personnel certification standard means the ISO/IEC
17024 personnel certification accreditation standard developed by the International Organization for Standardization and the International Electrotechnical Commission for the purpose of certifying personnel.
(l) Local education provider means:
(I) A local education provider, as defined in section 22-16-103 (4); and
(II) The Colorado school for the deaf and the blind described in section 22-80-102.
(m) Mechanical engineer means a professional engineer who is licensed
pursuant to part 2 of article 120 of title 12 and has professional experience with HVAC systems.
(n) MERV means minimum efficiency reporting value, as established by:
(I) ANSI/ASHRAE standard 52.2-2017, Method of Testing General
Ventilation Air-Cleaning Devices for Removal Efficiency by Particle Size;
(II) ANSI/ASHRAE standard 62.1-2022, Ventilation and Acceptable Indoor
Air Quality;
(III) ANSI/ASHRAE/ACCA standard 180-2018, Standard Practice for
Inspection and Maintenance of Commercial Building HVAC Systems; and
(IV) ASHRAE standard 241-2023, Control of Infectious Aerosols.
(o) NOx has the meaning set forth in section 25-7-1502 (8).
(p) Occupied areas means the classrooms, auditoriums, gymnasiums,
cafeterias, nurses' offices, restrooms, and offices of a school.
(q) Project labor agreement has the meaning set forth in 48 CFR 52.222-34.
(r) Qualified adjusting personnel means:
(I) A certified TAB technician; or
(II) A worker who is under the direct supervision of a certified TAB technician.
(s) Qualified personnel means qualified testing personnel, qualified
adjusting personnel, or other workforce that is hired by and under the direct supervision of a certified contractor for the purpose of performing HVAC work.
(t) Qualified testing personnel means:
(I) A certified TAB technician; or
(II) An individual certified to perform ventilation assessments of HVAC
systems by the International Certification Board or through an equivalent certification program or body accredited under the ISO/IEC 17024 personnel certification standard.
(u) School means an educational facility operated by a local education
provider.
(v) TAB means testing, adjusting, and balancing of an HVAC system.
(2) Applicability of section. On and after August 6, 2025, if a local education
provider undertakes HVAC infrastructure improvements at a school using money from the Infrastructure Investment and Jobs Act cash fund created in section 24-75-232 (3), the local education provider shall comply with the procedures set forth in this section in implementing the HVAC infrastructure improvements.
(3) Ventilation verification assessment. Qualified personnel shall perform
all of the following:
(a) Filtration. MERV 13 or better filtration must be installed in a school's
HVAC system where feasible. Qualified personnel shall:
(I) Review system capacity and airflow to determine the highest MERV
filtration that can be installed without adversely impacting equipment; and
(II) Replace or upgrade filters where needed and verify that filters are
installed correctly.
(b) Ventilation and exhaust. After assessing the filtration as described in
subsection (3)(a) of this section, qualified personnel shall assess the ventilation rates in the school's occupied areas to determine whether they meet the minimum ventilation rate requirements set forth in the international mechanical code. Assessment of the ventilation and exhaust must include all the following:
(I) Calculation of the estimated minimum outside air ventilation rates for
each occupied area based on the maximum anticipated occupancy and the minimum required ventilation rate per occupant. Calculations must be based on maximum anticipated classroom or other occupied area occupancy rates and determined by the international mechanical code.
(II) Measurement of outside air and verification that the system provides at
least the minimum outside air ventilation rates calculated pursuant to subsection (3)(b)(I) of this section;
(III) Verification of coil velocities and unit discharge air temperatures
required to maintain desired indoor conditions and to avoid moisture carryover from cooling coils;
(IV) Verification that separation between outdoor air intakes and exhaust
discharge outlets meets the requirements of the international mechanical code;
(V) Confirmation that the air handling unit is bringing in outdoor air and
removing exhaust air as intended by the system design; and
(VI) Measurement of all exhaust air volume for exhaust fans, such as
restroom exhaust fans, including documentation of any discrepancies from system design.
(c) Economizers. For HVAC systems with economizers, qualified personnel
shall test system economizer dampers and controls for proper operation. Economizer dampers and controls that are not properly functioning shall be repaired by a certified contractor or the certified contractor's qualified personnel. Qualified personnel shall record recommendations for additional maintenance, replacements, or upgrades in the HVAC assessment report.
(d) Demand control ventilation. (I) If demand control ventilation systems are
installed, qualified personnel shall verify their proper operation.
(II) Demand control ventilation systems that are not properly functioning
shall be repaired by a certified contractor or the certified contractor's qualified personnel.
(III) If a demand control ventilation system is recommended to be disabled or
is unable to provide recommended ventilation rates, the HVAC system must be configured to meet the minimum ventilation rate requirements without use of the demand control ventilation system and must be tested and adjusted to achieve at least the estimated minimum outside air ventilation rate, as described in subsection (3)(b)(I) of this section.
(e) Air distribution and building pressurization. (I) Qualified personnel shall:
(A) Perform survey readings of inlets and outlets to verify that all ventilation
is reaching the served zones and that there is adequate air distribution;
(B) Verify that inlets and outlets are balanced within tolerance of the system
design; and
(C) Document read values and deficiencies. If the original system design
values are not available, qualified personnel shall document available information and note the unavailability of system design values in the HVAC assessment report.
(II) Qualified personnel shall verify building and space pressure to ensure
that:
(A) The pressure differential is within tolerance of design, if known; and
(B) The school building is not over pressurized.
(f) General maintenance. Qualified personnel shall verify coil condition,
condensate drainage, cooling coil air temperature differential (entering and leaving dry bulb), heat exchanger air temperature differential (entering and leaving dry bulb), and drive assembly condition.
(g) Operational controls. Qualified personnel shall review control sequences
to verify that systems will maintain intended ventilation, temperature, and humidity conditions during school operation.
(4) HVAC assessment report. Qualified personnel shall prepare an HVAC
assessment report for review by a mechanical engineer. The HVAC assessment report must include all of the following information:
(a) The name and address of the school and the certified contractor
completing the work, including the name of the qualified personnel preparing the assessment report and the name of the mechanical engineer certifying the assessment report;
(b) A description of assessment, maintenance, adjustment, and repair
activities and outcomes;
(c) Documentation of HVAC equipment model numbers, serial numbers, the
general condition of units, and any additional information that could be used to assess replacement and repair options given the potential for increased energy efficiency benefits;
(d) Verification that either:
(I) MERV 13 filters have been installed; or
(II) The maximum MERV-rated filter that the system is able to effectively
handle has been installed, including an indication of the MERV rating of that filter;
(e) Verification that all requirements described in this subsection (4) have
been satisfied;
(f) The verified ventilation rates for occupied areas and whether those rates
meet the estimated requirements set forth in the international mechanical code;
(g) The verified exhaust rates for occupied areas and whether those rates
meet the requirements of the system's design; and
(h) Documentation of system deficiencies and recommendations for
additional maintenance, replacement, or upgrades to improve energy efficiency, safety, or performance or to reduce NOx emissions or greenhouse gas emissions, if any.
(5) Mechanical engineer review. A mechanical engineer shall:
(a) Review the HVAC assessment report;
(b) Verify or adjust the estimated minimum outside air ventilation rates;
(c) Determine what, if any, additional adjustments, repairs, upgrades, or
replacements are necessary to meet the minimum ventilation and filtration requirements of the international mechanical code;
(d) Recommend a pathway for reducing NOx emissions and greenhouse gas
emissions; and
(e) Provide a cost estimate for all recommended work.
(6) Adjustments, repairs, upgrades, and replacements. All HVAC repairs,
upgrades, and replacements shall be performed by a certified contractor or the certified contractor's qualified personnel. All HVAC adjustments shall be performed by qualified adjusting personnel.
(7) HVAC verification report. (a) A certified contractor or a member of the
certified contractor's qualified personnel shall prepare an HVAC verification report within ten business days after completion of all work described in subsections (3) to (6) of this section.
(b) The HVAC verification report must include all of the following
information:
(I) The name and address of the school and the person preparing and
certifying the report;
(II) A description of assessment, maintenance, adjustment, repair, upgrade,
and replacement activities and outcomes;
(III) Verification that the certified contractor or the certified contractor's
qualified personnel has complied with all requirements of this section;
(IV) Verification that either:
(A) MERV 13 filters have been installed; or
(B) The maximum MERV-rated filter that the system is able to effectively
handle has been installed, including an indication of the MERV rating of that filter;
(V) The verified ventilation rates for occupied areas and whether those rates
meet the requirements set forth in the international mechanical code. If ventilation rates do not meet applicable guidance, then the HVAC verification report must include an explanation of why the current system is unable to meet those rates.
(VI) The verified exhaust rates for occupied areas and whether those rates
meet the requirements set forth in the system's design;
(VII) Documentation of repairs, upgrades, or replacements performed in
response to:
(A) The HVAC assessment report; and
(B) The mechanical engineer's recommendations made pursuant to
subsection (5) of this section;
(VIII) Documentation of recommendations for additional maintenance,
repairs, replacements, or upgrades to improve energy efficiency, safety, or performance or to reduce NOx emissions or greenhouse gas emissions;
(IX) Documentation of the mechanical engineer's recommended pathway for
reducing NOx emissions and greenhouse gas emissions;
(X) Documentation of initial operating verifications, adjustments, and final
operating verifications and documentation of any adjustments or repairs performed; and
(XI) Verification that all work has been performed by a certified contractor or
the certified contractor's qualified personnel, including the contractor's name, the names of the qualified personnel, the certification numbers of any qualified personnel, and verification that all construction work has been performed by a certified contractor or the certified contractor's qualified personnel.
(c) A local education provider shall maintain a copy of the HVAC verification
report for at least five years and make it available to the public upon request.
(8) Certified contractors (a) If a local education provider undertakes HVAC
infrastructure improvements as described in this section using money from the Infrastructure Investment and Jobs Act cash fund created in section 24-75-232 (3), the local education provider shall:
(I) Obtain and make use of the certified contractor list to assist in contractor
selection and ensure compliance with federal funding requirements; and
(II) Employ only certified contractors or contractors that use prevailing
wages and apprentices registered with the federal department of labor or the state apprenticeship agency created in section 8-15.7-102 for the performance of the HVAC infrastructure improvements.
(b) The department shall publish the certified contractor list on its website
and include or reference the list in all of the relevant marketing material for school infrastructure improvement programs to assist in contractor selection and ensure compliance with federal funding requirements.
(c) The requirement described in subsection (8)(a) of this section does not
apply to mechanical, plumbing, and electrical work that is performed pursuant to a project labor agreement that allows a contractor and all subcontractors to compete for contracts and subcontracts without regard to whether they are parties to a collective bargaining agreement.
(d) (I) Upon evaluation of bids submitted for an HVAC infrastructure
improvement contract, the local education provider may waive the requirements of this subsection (8) if the local education provider determines that there is substantial evidence that there were no responsive, eligible subcontractors available to fulfill the mechanical, electrical, or plumbing portions of the contract.
(II) A local education provider that undertakes HVAC infrastructure
improvements subject to the requirements of this subsection (8) shall make public all waivers and the specific rationale for granting a waiver. The local education provider shall post notice of a waiver and a justification for the waiver on its website.
Source: L. 2025: Entire section added, (HB 25-1245), ch. 400, p. 2262, � 2,
effective August 6.
Cross references: For the legislative declaration in HB 25-1245, see section 1
of chapter 400, Session Laws of Colorado 2025.
ARTICLE 32.5
Innovation Schools and Innovation School Zones
Within School Districts
22-32.5-101. Short title. This article shall be known and may be cited as the
Innovation Schools Act of 2008.
Source: L. 2008: Entire article added, p. 1420, � 1, effective May 28.
22-32.5-102. Legislative declaration. (1) The general assembly hereby finds
that:
(a) The constitutional provisions regarding the public education system
direct the general assembly to establish a thorough and uniform statewide system of public education, but they also recognize the importance of preserving local flexibility by granting to each school district board of education the control of instruction in the schools of the school district;
(b) The constitution's requirement that each school district board of
education is responsible for controlling the instruction in its schools is based on the belief that the delivery of educational services must be tailored to the specific population of students they are intended to serve and that the parents of those students should have great opportunity for input regarding the educational services their children receive;
(c) In tailoring the delivery of educational services, it is also important that
the persons delivering those services, the principal of the public school and the faculty employed at that school, have the maximum degree of flexibility possible to determine the most effective and efficient manner in which to meet their students' needs;
(d) To further the goals of high-quality public education throughout the
state, therefore, each school district board of education should have the authority to grant public schools of the school district the maximum degree of flexibility possible to meet the needs of individual students and the communities in which they live; and
(e) While the ultimate responsibility for controlling the instruction in public
schools continues to lie with the school district board of education of each public school, each school district board of education is strongly encouraged to delegate to each public school a high degree of autonomy in implementing curriculum, making personnel decisions, organizing the school day, determining the most effective use of resources, and generally organizing the delivery of high-quality educational services, thereby empowering each public school to tailor its services most effectively and efficiently to meet the needs of the population of students it serves.
(2) The general assembly therefore finds that it is in the best interests of the
people of Colorado to enact the Innovation Schools Act of 2008 to achieve the following purposes:
(a) To grant to Colorado's school districts and public schools greater ability
to meet the educational needs of a diverse and constantly changing student population;
(b) To encourage intentionally diverse approaches to learning and education
within individual school districts;
(c) To improve educational performance through greater individual school
autonomy and managerial flexibility;
(d) To encourage school districts, where appropriate, to create and manage a
portfolio of schools that meet a variety of education needs, including identifying elementary, middle or junior high, and high schools to collectively operate as a vertically integrated innovation zone of schools;
(e) To encourage innovation in education by providing local school
communities and principals with greater control over levels of staffing, personnel selection and evaluation, scheduling, and educational programming with the goal of achieving improved student achievement;
(f) To encourage school districts and public schools to find new ways to
allocate resources, including through implementation of specialized school budgets, for the benefit of the students they serve; and
(g) To hold public schools that receive greater autonomy under this article
accountable for student academic achievement, as measured by the Colorado student assessment program, other more specifically tailored accountability measures, and the federal requirements of adequate yearly progress.
(3) The general assembly further declares that:
(a) Since the Innovation Schools Act of 2008 was passed, innovations have
been used to leverage outcomes for students and support creative school models to meet the needs of students, educators, and families;
(b) The cornerstone of innovation work is empowering educators and families
to be part of the design process, helping to develop an innovation plan, and voting to approve the school's plan and any revisions to the innovation plan;
(c) The Innovation Schools Act of 2008 identifies areas of innovation that
schools are encouraged to explore, including innovations in governance;
(d) Local school boards and innovation school zones have implemented
alternative governance models for innovation school zones and schools within the innovation school zones, including delegation of some management activities from a local school board to a nonprofit organization affiliated with an innovation school zone;
(e) Innovation schools were designed as an opportunity for schools that
operate within their school district to exercise autonomy and flexibility to adapt to meet the needs of schools and students whom innovation schools serve;
(f) If disputes arise between an innovation school zone as a whole, or a
school within the innovation school zone, and the local school board that oversees the innovation school zone regarding the administration of an innovation plan, a fair and consistent resolution process is needed to address the dispute; and
(g) The dispute resolution process described in this article 32.5 is modeled
from existing statutory dispute resolution processes and intends to support both parties, encourage innovation school zones to practice innovative governance, and allow the local school board to reach solutions with innovation school zones with alternative governance.
Source: L. 2008: Entire article added, p. 1420, � 1, effective May 28. L. 2022:
(3) added, (SB 22-197), ch. 307, p. 2213, � 1, effective August 10.
22-32.5-103. Definitions. As used in this article 32.5, unless the context
otherwise requires:
(1) Commissioner means the commissioner of education appointed by the
state board of education pursuant to section 22-2-110.
(1.5) Community school means a public school that implements the
following:
(a) An annual asset and needs assessment of and by both the school and the
community that engages at least seventy-five percent of families, students, and educators in the community;
(b) A strategic plan that includes the creation of problem-solving teams who
are dedicated to continuous school improvement and define how educators and community partners use all available assets to meet specific student needs and achieve better results and utilize key tools and lessons from improvement science in the continuous improvement process;
(c) A process to engage partners who bring assets and expertise to
implement the school's goals; and
(d) A community school coordinator who is a school staff member at the
community school site and who:
(I) Has the primary responsibility to facilitate the problem-solving teams
implemented pursuant to subsection (1.5)(b) of this section; and
(II) In consultation with school leadership, shall assemble relevant
stakeholders to solve problems identified by the assessment performed pursuant to subsection (1.5)(a) of this section.
(1.7) Department means the department of education created in section
24-1-115.
(2) District of innovation means a school district that is designated as a
district of innovation pursuant to section 22-32.5-107.
(3) Innovation school means a school in which a local school board
implements an innovation plan pursuant to section 22-32.5-104.
(4) Innovation school zone means a group of schools of a school district
that share common interests, such as geographical location or educational focus, or that sequentially serve classes of students as they progress through elementary and secondary education and in which a local school board implements a plan for creating an innovation school zone pursuant to section 22-32.5-104.
(4.5) Innovation school zone with alternative governance means an
innovation school zone that either operates as an innovation school zone with alternative governance on or before August 10, 2022, or submits to its local school board an innovation plan, which the local school board approves, that authorizes alternative governance and delegates management activities to another organization pursuant to section 22-32.5-104 (5), including but not limited to a nonprofit organization. An organization does not include a for-profit organization.
(5) Local school board means the board of education of a school district.
(5.5) Neutral third party means a trained individual who assists disputants
in reaching a mutually acceptable resolution of their disputes by identifying and evaluating alternatives, and is on an approved list by the office of dispute resolution established in section 13-22-303 or the American arbitration association, or its successor.
(6) State board means the state board of education created pursuant to
section 1 of article IX of the state constitution.
Source: L. 2008: Entire article added, p. 1422, � 1, effective May 28. L. 2019:
IP amended and (1.5) added, (SB 19-102), ch. 82, p. 293, � 1, effective August 2. L. 2022: (1.7), (4.5), and (5.5) added, (SB 22-197), ch. 307, p. 2214, � 2, effective August 10.
22-32.5-104. Innovation plans - submission - contents. (1) (a) A public
school of a school district may submit to its local school board an innovation plan as described in subsection (3) of this section. A group of public schools of a school district that share common interests, such as geographical location or educational focus, or that sequentially serve classes of students as they progress through elementary and secondary education may jointly submit to their local school board a plan to create an innovation school zone as described in subsection (4) of this section.
(b) A local school board shall receive and review each innovation plan or plan
for creating an innovation school zone submitted pursuant to paragraph (a) of this subsection (1). The local school board shall either approve or disapprove the innovation plan or plan for creating an innovation school zone within sixty days after receiving the plan.
(c) If the local school board rejects the plan, it shall provide to the public
school or group of public schools that submitted the plan a written explanation of the basis for its decision. A public school or group of public schools may resubmit an amended innovation plan or amended plan for creating an innovation school zone at any time after denial.
(d) If the local school board approves the plan, it may proceed to seek
designation of the school district as a district of innovation pursuant to section 22-32.5-107.
(2) A local school board may initiate and collaborate with one or more public
schools of the school district to create one or more innovation plans, as described in subsection (3) of this section, or one or more plans to create innovation school zones, as described in subsection (4) of this section. In creating an innovation plan or a plan to create an innovation school zone, the local school board shall ensure that each public school that would be affected by the plan has opportunity to participate in creation of the plan. A local school board may approve or create a plan to create an innovation school zone that includes all of the public schools of the school district. If the local school board creates an innovation plan or a plan for creating an innovation school zone, the local school board may seek designation of the school district as a district of innovation pursuant to section 22-32.5-107.
(3) Each innovation plan, whether submitted by a public school or created by
a local school board through collaboration between the local school board and a public school, must include the following information:
(a) A statement of the public school's mission and why designation as an
innovation school would enhance the school's ability to achieve its mission;
(b) A description of the innovations the public school would implement,
which may include, but need not be limited to, innovations in school staffing; curriculum and assessment; class scheduling; use of financial and other resources; faculty recruitment, employment, evaluation, and compensation; whether the school will operate as a community school; and implementation of transformational school strategies such as shared leadership, culturally relevant curriculum, student and family supports, positive discipline practices, and family and community engagement;
(c) A listing of the programs, policies, or operational documents within the
public school that would be affected by the public school's identified innovations and the manner in which they would be affected. The programs, policies, or operational documents may include, but need not be limited to:
(I) The research-based educational program the public school would
implement;
(II) The length of school day and school year at the public school;
(III) The student promotion and graduation policies to be implemented at the
public school;
(IV) The public school's assessment plan;
(V) The proposed budget for the public school; and
(VI) The proposed staffing plan for the public school.
(d) An identification of the improvements in academic performance that the
public school expects to achieve in implementing the innovations;
(e) An estimate of the cost savings and increased efficiencies, if any, the
public school expects to achieve in implementing its identified innovations;
(f) Evidence that a majority of the administrators employed at the public
school, a majority of the teachers employed at the public school, and a majority of the school accountability committee for the public school consent to designation as an innovation school;
(g) A statement of the level of support for designation as an innovation
school demonstrated by the other persons employed at the public school, the students and parents of students enrolled in the public school, and the community surrounding the public school;
(h) A description of any statutory sections included in this title or any
regulatory or district policy requirements that would need to be waived for the public school to implement its identified innovations;
(i) A description of any provision of the collective bargaining agreement in
effect for the personnel at the public school that would need to be waived for the public school to implement its identified innovations; and
(j) Any additional information required by the local school board of the
school district in which the innovation plan would be implemented.
(4) Each plan for creating an innovation school zone, whether submitted by a
group of public schools or created by a local school board through collaboration with a group of public schools, shall include the information specified in subsection (3) of this section for each public school that would be included in the innovation school zone. A plan for creating an innovation school zone shall also include the following additional information:
(a) A description of how innovations in the public schools in the school
innovation zone would be integrated to achieve results that would be less likely to be accomplished by each public school working alone;
(b) An estimate of any economies of scale that would be achieved by
innovations implemented jointly by the public schools within the innovation school zone;
(c) Evidence that a majority of the administrators and a majority of the
teachers employed at each public school that would be included in the innovation school zone and a majority of the school accountability committee for each public school that would be included in the innovation school zone consent to creating the innovation school zone; and
(d) A statement of the level of support for creating an innovation school zone
demonstrated by the other persons employed at each public school that would be included in the zone, the students and parents of students enrolled in each public school that would be included in the zone, and the community in which the local school board would approve the innovation school zone. In determining the level of support, each public school shall specifically solicit input concerning the selection of public schools included in the innovation school zone and the strategies and procedures that would be used in implementing and integrating the innovations within the public schools in the zone.
(5) A group of schools that submits a plan to create an innovation school
zone as provided in this section and seeks to have management activities delegated by the local board to an organization that forms a partnership with the local school board must, in addition to the provisions specified in subsection (4) of this section, include the following information in the innovation plan:
(a) An explanation of how alternative governance will help achieve the vision
and goals of the group of schools in a school district;
(b) A description of the organization and the organization's governing board
and governance structure;
(c) A description of the roles and duties of the organization's governing
board, which duties must include, at a minimum, overseeing the implementation of the innovation plan and supporting academic progress;
(d) A description of the zone staffing structure and management the
organization would provide;
(e) A description of how funds will be used to achieve the mission and
academic performance of the innovation plan;
(f) A description of where an easily accessible link to the federal form 990,
990-EZ, or 990-PF, as required by section 22-44-304, or other relevant financial information if the organization does not receive a federal form 990, is located on the zone website;
(g) A description of the terms under and process by which a school within an
innovation school zone may elect to leave the innovation school zone; and
(h) A description of the method the school district will use for determining
the cost of services and a corresponding financial agreement with the innovation school zone.
Source: L. 2008: Entire article added, p. 1422, � 1, effective May 28. L. 2009:
(3)(f) and (4)(c) amended, (SB 09-163), ch. 293, p. 1542, � 44, effective May 21; (3)(f) and (4)(c) amended, (SB 09-090), ch. 291, p. 1444, � 17, effective August 5. L. 2018: IP(3) and (3)(b) amended, (HB 18-1355), ch. 324, p. 1954, � 18, effective May 30. L. 2019: (3)(b) amended, (SB 19-102), ch. 82, p. 294, � 2, effective August 2. L. 2022: (5) added, (SB 22-197), ch. 307, p. 2214, � 3, effective August 10.
22-32.5-105. Suggested innovations. (1) In considering or creating an
innovation plan or a plan for creating an innovation school zone, each local school board is strongly encouraged to consider innovations in the following areas:
(a) Curriculum and academic standards and assessments;
(b) Accountability measures, including but not limited to expanding the use
of a variety of accountability measures to more accurately present a complete measure of student learning and accomplishment. The accountability measures adopted by an innovation school or an innovation school zone may include, but need not be limited to:
(I) Use of graduation or exit examinations;
(II) Use of end-of-course examinations;
(III) Use of student portfolio reviews;
(IV) Use of national and international accountability measures such as the
national assessment of educational progress and the program for international student assessment;
(V) Measuring the percentage of students continuing into higher education;
and
(VI) Measuring the percentage of students simultaneously obtaining a high
school diploma and an associate's degree or a career and technical education certificate.
(c) Provision of services, including but not limited to special education
services; services for gifted and talented students; services for English language learners; educational services for students at risk of academic failure, expulsion, or dropping out; and support services provided by the state department of human services or county departments or agencies of human or social services;
(d) Teacher recruitment, training, preparation, and professional
development;
(e) Teacher employment;
(f) Performance expectations and evaluation procedures for teachers and
principals;
(g) Compensation for teachers, principals, and other school building
personnel, including but not limited to performance pay plans, total compensation plans, and other innovations with regard to retirement and other benefits;
(h) School governance and the roles, responsibilities, and expectations of
principals in innovation schools or schools within an innovation school zone; and
(i) Preparation and counseling of students for transition to higher education
or the work force.
Source: L. 2008: Entire article added, p. 1425, � 1, effective May 28. L. 2010:
(1)(c) amended, (SB 10-062), ch. 168, p. 595, � 12, effective April 29. L. 2014: (1)(c) amended, (HB 14-1298), ch. 244, p. 937, � 22, effective May 21. L. 2018: (1)(c) amended, (SB 18-092), ch. 38, p. 438, � 92, effective August 8.
Cross references: For the legislative declaration in SB 18-092, see section 1
of chapter 38, Session Laws of Colorado 2018.
22-32.5-106. Innovation planning - financial support. Each public school
and each local school board is authorized and encouraged to seek and accept public and private gifts, grants, and donations to offset the costs of developing and implementing innovation plans and plans for creating innovation school zones.
Source: L. 2008: Entire article added, p. 1426, � 1, effective May 28.
22-32.5-107. District of innovation - designation. (1) Each local school
board may seek for its school district designation by the state board as a district of innovation. A local school board may seek the designation on the basis of innovation plans or plans for creating innovation school zones approved or collaboratively created by the local school board pursuant to section 22-32.5-104.
(2) A local school board that seeks designation as a district of innovation
shall submit one or more innovation plans or plans for creating an innovation school zone to the commissioner for review and comment by the commissioner and the state board. Within sixty days after receiving a local school board's plan, the commissioner and the state board shall respond to the local school board with any suggested changes or additions to the plan, including but not limited to suggestions for further innovations or for measures to increase the likelihood that the innovations will result in greater academic achievement within the innovation schools or innovation school zones. Based on the commissioner's and the state board's comments, the local school board may choose to withdraw and resubmit its innovation plan or plan for creating an innovation school zone.
(3) (a) Within sixty days after receiving a local school board's innovation plan
or plan for creating an innovation school zone, the state board shall designate the local school board's school district as a district of innovation if the state board concludes that the submitted plan:
(I) Is likely to enhance educational opportunity, standards, and quality within
the innovation schools or innovation school zones; and
(II) Is fiscally feasible.
(b) If the state board does not designate a school district as a district of
innovation, it shall provide to the local school board a written explanation of the basis for its decision. The local school board may resubmit an amended innovation plan or plan for creating an innovation school zone and seek designation of its school district as a school district of innovation at any time after denial.
(4) It is the intent of the general assembly that the department of education
receive a one-time appropriation to offset the costs incurred by the department and the state board in adopting rules and otherwise establishing the procedures for implementation of this section. The general assembly finds, however, that the department of education and the state board may implement this section in future years without additional state funding.
Source: L. 2008: Entire article added, p. 1426, � 1, effective May 28. L. 2017:
(3)(a) amended, (HB 17-1271), ch. 343, p. 1813, � 1, effective August 9.
22-32.5-108. District of innovation - waiver of statutory and regulatory
requirements. (1) Upon designation of a district of innovation, the state board shall waive any statutes or rules specified in the school district's innovation plan as they pertain to the innovation schools or innovation school zones of the district of innovation; except that the state board shall not waive:
(a) Any statutes specified in section 22-2-117 (1)(b);
(b) Any provision of article 64 of this title; or
(c) Any statutes that are not included in this title, including but not limited to
article 51 of title 24, C.R.S.
(2) Each district of innovation continues to be subject to all statutes and
rules that are not waived by the state board pursuant to subsection (1) of this section, including but not limited to all statutes and rules concerning implementation of:
(a) The state assessment requirements specified in section 22-7-1006.3;
(b) Article 11 of this title; and
(c) The requirements of the federal No Child Left Behind Act of 2001, 20
U.S.C. sec. 6301 et seq.
(3) Designation as a district of innovation must not affect a school district's:
(a) Total program funding calculated pursuant to the Public School Finance
Act of 2025, article 54 of this title 22; or
(b) Eligibility for funding under, or the amount received through, a
categorical program, as defined in section 22-55-102 (4).
(4) Each district of innovation that receives a waiver pursuant to this section
shall specify the manner in which the innovation school or the schools within the innovation school zone shall comply with the intent of the waived statutes or rules and shall be accountable to the state for such compliance.
(5) (a) If the local school board for a district of innovation revises an
innovation plan as provided in section 22-32.5-110, the local school board may request additional waivers or changes to existing waivers as necessary to accommodate the revisions to the innovation plan, and the state board shall grant the additional waivers or changes to existing waivers if it determines that the new or changed waivers would enhance educational opportunity, standards, and quality within the innovation schools or innovation school zones of the district of innovation and are fiscally feasible. In requesting a new waiver or a change to an existing waiver, the local school board shall demonstrate the consent of a majority of the teachers and a majority of the administrators employed at and a majority of the school advisory committee for each public school that is affected by the new or changed waiver.
(b) Except as otherwise provided in paragraph (a) of this subsection (5), a
waiver that is granted pursuant to this section shall continue to apply to a public school so long as the public school continues to be designated as an innovation school or included in an innovation school zone.
Source: L. 2008: Entire article added, p. 1427, � 1, effective May 28. L. 2009:
(2)(b) amended, (SB 09-163), ch. 293, p. 1543, � 45, effective May 21. L. 2015: IP(2) and (2)(a) amended, (HB 15-1323), ch. 204, p. 725, � 35, effective May 20. L. 2017: (5)(a) amended, (HB 17-1271), ch. 343, p. 1813, � 2, effective August 9. L. 2024: IP(3) and (3)(a) amended, (HB 24-1448), ch. 236, p. 1533, � 44, effective May 23.
22-32.5-109. District of innovation - collective bargaining agreements. (1)
(a) On and after the date on which the state board designates a school district as a district of innovation, any collective bargaining agreement initially entered into or renewed by the local school board of the district of innovation shall include a term that allows each innovation school and each innovation school zone in the school district to waive any provisions of the collective bargaining agreement identified in the innovation plan as needing to be waived for the innovation school or the innovation school zone to implement its identified innovations.
(b) For an innovation school, waiver of one or more of the provisions of the
collective bargaining agreement shall be based on obtaining the approval, by means of a secret ballot vote, of at least sixty percent of the members of the collective bargaining unit who are employed at the innovation school.
(c) For an innovation school zone, waiver of one or more of the provisions of
the collective bargaining agreement shall be based on obtaining, at each school included in the innovation school zone, the approval of at least sixty percent of the members of the collective bargaining unit who are employed at the school. The innovation school zone shall seek to obtain approval of the waivers through a secret ballot vote of the members of the collective bargaining unit at each school included in the innovation school zone. The local school board for the innovation school zone may choose to revise the plan for creating an innovation school zone to remove from the zone any school in which at least sixty percent of the members of the collective bargaining unit employed at the school do not vote to waive the identified provisions of the collective bargaining agreement.
(d) If a local school board, in collaboration with the innovation school or the
public schools included in the innovation school zone, revises the innovation plan as provided in section 22-32.5-110 and the revisions include changes to the identified provisions of the collective bargaining agreement that need to be waived to implement the innovations that are included in the innovation plan, the local school board shall seek such additional waivers or revision or revocation of the existing waivers of provisions of the collective bargaining agreement as are necessary to implement the revised innovation plan. Any changes to waivers, or additional waivers, of the identified provisions of the collective bargaining agreement shall be subject to approval in the same manner as provided in paragraphs (b) and (c) of this subsection (1) for the initial approval of waivers of provisions of the collective bargaining agreement.
(e) Except as otherwise provided in paragraph (d) of this subsection (1),
waiver of identified provisions of a collective bargaining agreement for an innovation school or the public schools within an innovation school zone pursuant to this subsection (1) shall continue so long as the innovation school remains an innovation school or a public school remains a part of the innovation school zone. A waiver approved pursuant to this subsection (1) shall continue to apply to any substantially similar provision that is included in a new or renewed collective bargaining agreement for the schools of the district of innovation.
(2) A district of innovation shall not be required to seek a waiver by an
innovation school or a public school in an innovation school zone of any provision of the collective bargaining agreement. Each district of innovation shall include in its innovation plan a statement as to whether it will seek a waiver by an innovation school or the public schools included in an innovation school zone of any of the provisions of the collective bargaining agreement.
(3) A person who is a member of the collective bargaining unit and is
employed by an innovation school or by a school included in an innovation school zone may request a transfer to another public school of the district of innovation. The local school board shall make every reasonable effort to accommodate the
C.R.S. § 22-35-116
22-35-116. Teacher recruitment and preparation (TREP) program and pathways in early technology early college high schools (p-tech) working group - report - repeal. (1) The department shall convene a working group that includes educators to make findings and recommendations concerning the effectiveness of the teacher recruitment and preparation program, created in section 22-35-108.5, and the pathways in technology early college high schools, created in part 1 of article 35.3 of this title 22, and any related findings and recommendations.
(2) On or before December 1, 2025, the working group shall report its
findings and recommendations to the joint budget committee.
(3) This section is repealed, effective July 1, 2027.
Source: L. 2025: Entire section added, (SB 25-315), ch. 237, p. 1194, � 12,
effective May 23.
ARTICLE 35.3
Pathways in Technology
Early College High Schools
PART 1
GENERAL PROVISIONS
22-35.3-101. Legislative declaration. (1) The general assembly finds that:
(a) The pathways in technology early college high school model (p-tech)
allows students to graduate from high school with a high school diploma and an industry-recognized associate degree. Students in a p-tech school may also earn pre-apprenticeship certificates and other industry-recognized certificates in addition to an associate degree.
(b) The success of p-tech schools depends upon close collaboration between
a local education provider, a community college, and one or more local high-growth industry employers;
(c) The p-tech school model has been recently established in other states,
including New York, Connecticut, and Illinois, and is showing promise; and
(d) Graduating more high school students with career-ready skills to meet
Colorado's workforce needs is part of the state's education and economic development goals.
(2) The general assembly therefore declares that establishing a limited
number of p-tech schools in the state will benefit students and industry in Colorado.
Source: L. 2015: Entire article added, (HB 15-1270), ch. 195, p. 651, � 1,
effective August 5.
22-35.3-102. Definitions. As used in this article 35.3, unless the context
otherwise requires:
(1) Accounting district has the same meaning as provided in section 22-54-103 (1.3).
(2) Certified center of learning means an employer that enters into an
agreement with a p-tech school and undergoes a third-party certification process proving that they are qualified to assist the local education provider in creating and providing workplace education experiences and training, which experiences and training may include but need not be limited to job shadowing, mentoring, internships, and apprenticeships.
(3) Commissioner means the office of the commissioner of education
created and existing pursuant to section 1 of article IX of the state constitution.
(4) Community college means a community college governed by the state
board for community colleges and occupational education or a state-supported institution of higher education or local district college that is authorized to grant associate degrees.
(5) Department means the department of education created and existing
pursuant to section 24-1-115, C.R.S.
(6) District extended high school pupil enrollment has the same meaning
as provided in section 22-54-103 (5.2).
(7) Executive director means the office of the executive director of the
department of higher education created and existing pursuant to section 24-1-114, C.R.S.
(8) Funded pupil count means the funded pupil count as determined
pursuant to article 54 of this title 22.
(8.5) Host school means a school of a local education provider.
(9) Local education provider means a school district, a board of cooperative
services that operates a high school, the state charter school institute established in section 22-30.5-503, or a charter school authorized pursuant to part 1 or part 5 of article 30.5 of this title.
(10) P-tech school means a pathways in technology early college high
school or program within a host school that is approved pursuant to this article 35.3.
(11) Pupil enrollment has the same meaning as provided in section 22-54-103 (10).
(12) Work-based learning has the same meaning as set forth in section 8-83-601 (15).
Source: L. 2015: Entire article added, (HB 15-1270), ch. 195, p. 652, � 1,
effective August 5. L. 2017: IP and (10) amended and (8.5) added, (HB 17-1194), ch. 129, p. 440, � 2, effective August 9. L. 2022: (12) added, (SB 22-140), ch. 357, p. 2564, � 12, effective July 1. L. 2024: (8) amended, (HB 24-1448), ch. 236, p. 1534, � 50, effective May 23.
Cross references: For the legislative declaration in HB 17-1194, see section 1
of chapter 129, Session Laws of Colorado 2017. For the legislative declaration in SB 22-140, see section 1 of chapter 357, Session Laws of Colorado 2022.
22-35.3-103. Pathways in technology early college high schools - design -
requirements - approval. (1) A pathways in technology early college high school, or p-tech school, is a public school that includes grades nine through fourteen and is designed to prepare students for high-potential careers in industry, including the major industry categories identified in the Colorado talent report produced pursuant to section 24-46.3-103 (3), which includes life, physical, and social sciences; architecture and engineering; computers and mathematics; installation, maintenance, and repair; business and finance; construction and extraction; community and social services; and transportation and material moving occupations, by enabling them to graduate with a high school diploma and an industry-recognized associate degree. Students in a p-tech school may also earn pre-apprenticeship certificates and other industry-recognized certificates in addition to an associate degree. A p-tech school is operated as a collaborative effort by a local education provider, a community college, and one or more local high-growth industry employers. Throughout grades nine through fourteen, a p-tech school integrates high school and college courses and certificate programs that are informed by current and projected industry standards with mentoring, job shadowing, internships, pre-apprenticeship training, and other workplace education experiences.
(2) A p-tech school to be operated by a local education provider must be
jointly approved by the commissioner of education and the executive director of the department of higher education. The commissioner and the executive director shall jointly establish timelines and procedures by which a local education provider may apply to operate a p-tech school and shall develop a model p-tech agreement template that may be used by an applicant. The application must include:
(a) The agreement that the local education provider, a community college,
and one or more employers enter into to operate the p-tech school, which must address:
(I) The responsibilities of the local education provider and the community
college to provide, at a minimum, course work, counseling, and student support services, as well as provisions relating to instructor qualifications;
(II) The responsibilities of the employer to provide workplace education and
experiences and to consult with the local education provider on course design, as requested, whether the employer is a certified center of learning, with preference given to such employers, and any funding that the employer may provide for the p-tech school program;
(III) The procedure for communication and shared decision-making by the
local education provider, community college, and employer regarding school operations; and
(IV) The allocation of support, including but not limited to funding,
internships, mentorships, potential job opportunities, and other related resources, between the local education provider, the employer, and the community college;
(b) The operational model for the p-tech school, including but not limited to
curricula, instructional practices, faculty roles, student support structures, class schedules, experiential learning opportunities, work-based learning, and the associate degrees that students may attain through the p-tech school;
(c) The estimated number of students that the p-tech school will enroll when
operating at full capacity and the plan for selecting students to enroll in the p-tech school, which must be designed in a way that encourages the enrollment of a student body that is socioeconomically and racially diverse and that includes first-generation college students, English language learners, and students with disabilities;
(d) If the applying local education provider is a charter school, written
confirmation that the charter school's authorizer agrees to amend the charter contract to allow the charter school to operate as a p-tech school; and
(e) Any additional information that the commissioner and the executive
director may require.
(3) The commissioner and the executive director shall review each
application received and jointly approve local education providers to operate a limited number of p-tech schools within the state. The commissioner and the executive director shall base their selections on the quality of the proposed design of the p-tech school and the degree to which the agreement of the local education provider, community college, and employer is collaborative and requires full participation by each party. Once an application is approved, the local education provider shall have up to one full academic year to implement the p-tech program. It is the intent of the general assembly that one or more p-tech schools begin operating by the 2016-17 school year.
(4) [Editor's note: This version of subsection (4) is effective until July 1,
2026.] A p-tech school is subject to the state assessment requirements specified in section 22-7-1006.3 and the accountability requirements specified in article 11 of this title 22. In addition, the commissioner and the executive director may establish indicators for measuring the performance of each p-tech school, which indicators may include the ability of students who graduate from a p-tech school to obtain employment in the field or to pursue additional postsecondary education in the field, as well as any relevant performance indicators established for the concurrent enrollment, ASCENT, and TREP programs.
(4) [Editor's note: This version of subsection (4) is effective July 1, 2026.] A
p-tech school is subject to the state assessment requirements specified in section 22-7-1006.3 and the accountability requirements specified in article 11 of this title 22. In addition, the commissioner and the executive director may establish indicators for measuring the performance of each p-tech school, which indicators may include the ability of students who graduate from a p-tech school to obtain employment in the field or to pursue additional postsecondary education in the field, as well as any relevant performance indicators established for the concurrent enrollment and TREP programs.
(5) A p-tech school may have different high school graduation requirements
from those of the local education provider or the host school. However, for purposes of applying the provisions of article 11 of this title 22 concerning school accountability and reporting graduation rates, a p-tech student will be counted in the local education provider's or host school's graduation rate in the year in which the student completes the local education provider's or host school's minimum graduation requirements. Nothing in this subsection (5) affects provisions relating to the funding of p-tech students pursuant to section 22-35.3-104.
Source: L. 2015: Entire article added, (HB 15-1270), ch. 195, p. 653, � 1,
effective August 5. L. 2016: (4) amended, (SB 16-189), ch. 210, p. 763, � 38, effective June 6. L. 2017: (5) added, (HB 17-1194), ch. 129, p. 440, � 3, effective August 9. L. 2021: (4) amended, (SB 21-185), ch. 246, p. 1337, � 16, effective September 7. L. 2022: IP(2) and (2)(b) amended, (SB 22-140), ch. 357, p. 2564, � 13, effective July 1. L. 2024: (1) amended, (HB 24-1305), ch. 283, p. 1889, � 2, effective August 7. L. 2025: (4) amended, (SB 25-315), ch. 237, p. 1194, � 13, effective July 1, 2026.
Cross references: For the legislative declaration in HB 17-1194, see section 1
of chapter 129, Session Laws of Colorado 2017. For the legislative declaration in SB 22-140, see section 1 of chapter 357, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1305, see section 1 of chapter 283, Session Laws of Colorado 2024.
22-35.3-104. P-tech schools - funding. (1) (a) To calculate district total
program pursuant to article 54 of this title 22, a school district that is approved to operate a p-tech school pursuant to section 22-35.3-103, including a p-tech school that is a district charter school, may include the students who are enrolled in grades nine through twelve in the p-tech school in the school district's pupil enrollment, as defined in section 22-54-103 (10), and may include the students who are enrolled in grades thirteen and fourteen in the p-tech school in the school district's district extended high school pupil enrollment.
(b) If an institute charter school is approved to operate a p-tech school
pursuant to section 22-35.3-103, the department shall include the students who are enrolled in grades nine through twelve in the p-tech school in the funded pupil count of the institute charter school's accounting district and shall include the students who are enrolled in grades thirteen and fourteen in the p-tech school in the district extended high school pupil enrollment of the institute charter school's accounting district.
(c) A p-tech school, or the host school for a p-tech program, shall notify the
department prior to a p-tech student's twelfth-grade year if the student will continue to be enrolled in the p-tech school for grades thirteen or fourteen.
(2) A student who is enrolled in a p-tech school that is approved pursuant to
section 22-35.3-103 and who is simultaneously enrolled in one or more postsecondary courses, including academic or career and technical education courses, at a community college as part of the p-tech program, is eligible to receive a stipend from the college opportunity fund pursuant to part 2 of article 18 of title 23, C.R.S., so long as the institution the student attends participates in the college opportunity fund program pursuant to section 23-18-202, C.R.S. The stipend is payable to the community college that is a partner in the approved p-tech school.
Source: L. 2015: Entire article added, (HB 15-1270), ch. 195, p. 654, � 1,
effective August 5. L. 2017: (1)(c) added, (HB 17-1194), ch. 129, p. 440, � 4, effective August 9. L. 2024: (1)(a) amended, (HB 24-1448), ch. 236, p. 1534, � 51, effective May 23.
Cross references: For the legislative declaration in HB 17-1194, see section 1
of chapter 129, Session Laws of Colorado 2017.
22-35.3-105. Notice to revisor - repeal of article. (1) The commissioner of
education shall notify the revisor of statutes in writing if the commissioner of education and the executive director of the department of higher education have jointly approved a local education provider's application for a p-tech school by January 1, 2017.
(2) This article is repealed, effective July 1, 2017, if the revisor of statutes
does not receive a notice from the commissioner of education pursuant to subsection (1) of this section.
Source: L. 2015: Entire article added, (HB 15-1270), ch. 195, p. 655, � 1,
effective August 5.
Editor's note: On November 29, 2016, the revisor of statutes received the
notice referred to in subsection (2), resulting in the repeal not taking effect.
PART 2
SECONDARY, POSTSECONDARY, AND
WORK-BASED LEARNING INTEGRATION
Editor's note: (1) This part 2 was added in 2022 and was not amended prior
to its repeal in 2024. For the text of this part 2 prior to its repeal in 2024, consult the 2023 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Section 22-35.3-206 provided for the repeal of this part 2, effective
January 1, 2024. (See L. 2022, p. 2653).
22-35.3-201 to 22-35.3-206. (Repealed)
ARTICLE 35.5
Fast College Fast Jobs Act
22-35.5-101 to 22-35.5-108. (Repealed)
Source: L. 2009: Entire article repealed, (HB 09-1319), ch. 286, p. 1322, � 13,
effective May 21.
Editor's note: This article was added in 2007 and was not amended prior to
its repeal in 2009. For the text of this article prior to 2009, consult the 2008 Colorado Revised Statutes.
ARTICLE 35.6
High School Innovative Learning Pilot Program
Editor's note: (1) This article 35.6 was added in 2019. For amendments to this
article prior to its repeal in 2025, consult the 2024 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Section 22-35.6-107 provided for the repeal of this article, effective July
1, 2025. (See L. 2019, p. 1784.)
22-35.6-101 to 22-35.6-107. (Repealed)
ARTICLE 36
Public Schools of Choice
C.R.S. § 22-43-110
22-43-110. Prior obligations not impaired. (Repealed)
Source: L. 64: p. 567, � 7. C.R.S. 1963: � 123-12-10. L. 2006: Entire section
repealed, p. 610, � 33, effective August 7.
ARTICLE 43.5
School District Capital Improvement Zones
22-43.5-101 to 22-43.5-126. (Repealed)
Source: L. 2000: Entire article repealed, p. 373, � 28, effective April 10.
Editor's note: This article was added in 1994. For amendments to this article
prior to its repeal in 2000, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
ARTICLE 43.7
Capital Construction Assistance
Editor's note: (1) This article was added in 1998. This article was repealed
and reenacted in 2008, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 2008, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) House Bill 08-1335 repealed and reenacted this article and was further
amended by House Bill 08-1388 by the addition of a new part 2.
PART 1
SCHOOL DISTRICT CAPITAL CONSTRUCTION
ASSISTANCE PROGRAM
22-43.7-101. Short title. This article shall be known and may be cited as the
Building Excellent Schools Today Act.
Source: L. 2008: Entire article R&RE, p. 1040, � 1, effective May 22.
22-43.7-102. Legislative findings and declarations. (1) The general
assembly hereby finds and declares that:
(a) Colorado school districts, boards of cooperative services, and charter
schools have differing financial abilities to meet students' fundamental educational needs, including the need for new public schools and renovations or for controlled maintenance at existing public schools so that unsafe, deteriorating, or overcrowded facilities do not impair students' abilities to learn.
(b) The establishment of a program to provide financial assistance to school
districts, boards of cooperative services, and charter schools throughout the state that have difficulty financing new capital construction projects and renovating and maintaining existing facilities will help such districts, boards of cooperative services, and charter schools to meet students' fundamental educational needs.
(2) The general assembly further finds and declares that:
(a) Rental income, royalties, interest, and other income other than land sale
proceeds derived from state school lands may be used to support the public schools of the state.
(b) It is necessary and appropriate for the state to build excellent schools
today by assisting school districts, boards of cooperative services, and charter schools in completing needed public school facility capital construction projects more quickly by:
(I) Entering into financed purchase of an asset or certificate of participation
agreements for the purpose of financing such projects; and
(II) Subject to the annual appropriation of such money by the general
assembly, using a portion of the rental income and royalties derived from state school lands and, unless and until the state treasurer, pursuant to section 22-43.7-104 (2)(b)(I)(B), provides written notice to the joint budget committee of the general assembly that the state treasurer has determined that the use of interest or income earned on the deposit and investment of money in the public school fund to make lease payments under a financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2) will prevent the interest component of the payments from qualifying for exemption from federal income taxation and at any time after the state treasurer, pursuant to section 22-43.7-104 (2)(b)(I)(C), has rescinded any such determination, interest, and other income, other than land sale proceeds, derived from state school lands, as well as certain other available state money and matching money provided by school districts, boards of cooperative services, and charter schools, to make payments payable under the terms of the financed purchase of an asset or certificate of participation agreements.
(c) It is also necessary and appropriate for the state to use a portion of such
rental income and royalties and, unless and until the state treasurer, pursuant to section 22-43.7-104 (2)(b)(I)(B), provides written notice to the joint budget committee of the general assembly that the state treasurer has determined that the use of interest or income earned on the deposit and investment of money in the public school fund to make payments under a financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2) will prevent the interest component of the payments from qualifying for exemption from federal income taxation and at any time after the state treasurer, pursuant to section 22-43.7-104 (2)(b)(I)(C), has rescinded any such determination, interest and other income, as well as certain other available state money to continue to provide financial assistance to school districts, boards of cooperative services, and charter schools in the form of cash funding for school renovation and controlled maintenance projects.
(d) In accordance with the decision of the Colorado court of appeals in the
case denominated Colorado Criminal Justice Reform Coalition v. Ortiz, Case No. 04 CA 0879 (April 7, 2005), the financed purchase of an asset or certificate of participation agreements to be entered into by the state pursuant to this article 43.7 do not constitute a multiple-fiscal year direct or indirect district debt or other financial obligation whatsoever for purposes of section 20 (4)(a) of article X of the state constitution.
(e) The provision of financial assistance for public school facility capital
construction pursuant to this article meets the requirements of section 3 of article IX of the state constitution and shall be applied first to satisfy the legal obligations of the state under the settlement reached in the case denominated Giardino v. Colorado State Board of Education, et al., Case No. 98 CV 246, in the district court for the city and county of Denver.
Source: L. 2008: Entire article R&RE, p. 1040, � 1, effective May 22. L. 2009:
(2)(b)(II) and (2)(c) amended, (SB 09-257), ch. 424, p. 2363, � 1, effective June 4. L. 2021: (2)(b), (2)(c), and (2)(d) amended, (HB 21-1316), ch. 325, p. 2001, � 14, effective July 1.
22-43.7-103. Definitions. As used in this article 43.7, unless the context
otherwise requires:
(1) Applicant means any entity that may directly or indirectly submit an
application for financial assistance to the board if the entity submits such an application, including:
(a) A school district;
(b) A board of cooperative services;
(c) A charter school; and
(d) The Colorado school for the deaf and blind created and existing pursuant
to section 22-80-102 (1)(a).
(2) Assistance fund means the public school capital construction
assistance fund created in section 22-43.7-104 (1).
(3) Authorizer means the school district that authorized the charter
contract of a charter school or, in the case of an institute charter school, as defined in section 22-30.5-502 (6), the state charter school institute created and existing pursuant to section 22-30.5-503 (1)(a).
(4) Board means the public school capital construction assistance board
created in section 22-43.7-106 (1).
(5) Board of cooperative services means a board of cooperative services
created and existing pursuant to section 22-5-104 that is eligible to receive state moneys pursuant to section 22-5-114.
(6) Capital construction has the same meaning as set forth in section 24-30-1301 (2); except that the term also includes technology, as defined in section 22-43.7-109 (5)(a)(I)(B), and career and technical education capital construction.
(6.5) Capital development committee means the capital development
committee of the general assembly established in section 2-3-1302 (1), C.R.S.
(6.7) Career and technical education capital construction means:
(a) New construction or retrofitting of public school facilities for career and
technical education programs that satisfy the standards prescribed in section 23-8-103 (2); and
(b) Equipment necessary for individual student learning and classroom
instruction, including equipment that provides access to instructional materials or that is necessary for professional use by a classroom teacher.
(7) Charter school means a charter school as described in section 22-54-124 (1)(f.6)(I)(A) or (1)(f.6)(I)(B).
(8) Department means the department of education created and existing
pursuant to section 24-1-115, C.R.S.
(9) Division means the division of public school capital construction
assistance created in section 22-43.7-105.
(10) Financial assistance means matching grants made by the board from
the assistance fund to applicants or any other expenditures made from the assistance fund for the purpose of financing public school facility capital construction as authorized by this article.
(11) Matching moneys means moneys required to be paid to the state or
used directly to pay a portion of the costs of a public school facility capital construction project by an applicant as a condition of an award of financial assistance to the applicant pursuant to section 22-43.7-109 (9).
(12) Public school facility means a building or portion of a building used for
educational purposes by a school district, a board of cooperative services, the Colorado school for the deaf and blind created and existing pursuant to section 22-80-102 (1)(a), or a charter school, including but not limited to school sites, classrooms, libraries and media centers, cafeterias and kitchens, auditoriums, multipurpose rooms, and other multi-use spaces; except that public school facility does not include a learning center, as defined in section 22-30.7-102 (4), that is not used for any other public school purpose and is not part of a building otherwise owned, or leased in its entirety, by a school district, a board of cooperative services, a charter school, or the Colorado school for the deaf and blind for educational purposes.
(13) Public school lands income means all income received by the state
from:
(a) The sale of timber on public school lands, rental payments for the use and
occupation of public school lands, and rentals or lease payments for sand, gravel, clay, stone, coal, oil, gas, geothermal resources, gold, silver, or other minerals on public school lands;
(b) Royalties and other payments for the extraction of any natural resource
on public school lands; and
(c) Interest or income earned on the deposit and investment of moneys in the
public school fund.
(14) School district means a school district, other than a junior or
community college district, organized and existing pursuant to law.
(15) State board means the state board of education created and existing
pursuant to section 1 of article IX of the state constitution.
Source: L. 2008: Entire article R&RE, p. 1041, � 1, effective May 22. L. 2013:
(6.5) added, (SB 13-214), ch. 398, p. 2324, � 1, effective June 5. L. 2014: (6) amended, (HB 14-1387), ch. 378, p. 1828, � 32, effective June 6. L. 2016: (7) amended, (SB 16-072), ch. 180, p. 617, � 1, effective May 19. L. 2017: IP and (6) amended, (HB 17-1082), ch. 392, p. 2020, � 1, effective June 6. L. 2019: (6) amended and (6.7) added, (HB 19-1008), ch. 19, p. 70, � 1, effective August 2.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
22-43.7-104. Public school capital construction assistance fund - creation
-
crediting of money to fund - use of fund - emergency reserve - creation - reserve account - creation and use - definition - report. (1) (a) The public school capital construction assistance fund is created in the state treasury. Subject to the limitation set forth in subsection (1)(b)(I) of this section, the principal of the assistance fund consists of all money transferred or credited to the assistance fund pursuant to subsection (2) of this section. Except as otherwise provided in subsection (1)(b)(I) of this section, all interest and income earned on the deposit and investment of money in the assistance fund is credited to the assistance fund and is not transferred to the general fund or any other fund at the end of any fiscal year.
(b) (I) (A) For the 2024-25 state fiscal year, and each state fiscal year thereafter, the total amount of revenue credited in the state fiscal year to the assistance fund pursuant to this section must not exceed one hundred fifty million dollars, which amount must be annually adjusted for inflation for each state fiscal year thereafter.
(B) For the 2024-25 state fiscal year, and each state fiscal year thereafter, the state treasurer shall credit to the state public school fund created in section 22-54-114 (1) any amount of revenue that exceeds in the state fiscal year one hundred fifty million dollars, as adjusted annually for inflation for state fiscal years commencing on or after July 1, 2025, that otherwise would be credited to the assistance fund pursuant to this section.
(II) Notwithstanding subsection (1)(b)(I) of this section, the total amount of revenue described in subsection (1)(b)(I) of this section does not include money credited to the assistance fund pursuant to subsection (2)(d.5) of this section.
(III) As used in this subsection (1)(b), inflation means the annual percentage increase in the United States department of labor's bureau of labor statistics consumer price index, or a successor index, for Denver-Aurora-Lakewood for all items paid for by urban consumers.
(2) (a) On July 1, 2008, the following moneys shall be transferred to the assistance fund:
(I) All moneys remaining in the school construction and renovation fund, as said fund existed prior to July 1, 2008;
(II) All moneys remaining in the school capital construction expenditures reserve and the school capital construction expenditures reserve fund as said reserve and reserve fund existed prior to July 1, 2008; and
(III) All moneys remaining in the lottery proceeds contingency reserve fund as said fund existed prior to July 1, 2008.
(b) For each fiscal year commencing on or after July 1, 2008, the following money shall be credited to the assistance fund:
(I) (A) Unless and until the state treasurer, pursuant to subsection (2)(b)(I)(B) of this section, provides written notice to the joint budget committee of the general assembly that the state treasurer has determined that the use of interest or income earned on the deposit and investment of money in the public school fund to make payments under a financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2) will prevent the interest component of the payments from qualifying for exemption from federal income taxation, the greater of thirty-five percent of the gross amount of public school lands income received during the fiscal year or forty million dollars. The money required to be credited to the assistance fund pursuant to this subsection (2)(b)(I)(A) may be taken from any single source or combination of sources of public school lands income.
(B) Except as otherwise provided in subsection (2)(b)(I)(C) of this section, if the state treasurer determines during any fiscal year that the use of interest or income earned on the deposit and investment of money in the public school fund to make payments under a financed purchase of an asset or certificate of participation agreement will prevent the interest component of the payments from qualifying for exemption from federal income taxation and provides written notice to the joint budget committee of the general assembly of the determination, for the portion of the fiscal year beginning on the date the written notice is provided to the joint budget committee and for each subsequent fiscal year, the greater of fifty percent of the gross amount of public school lands income other than interest or income earned on the deposit and investment of money in the public school fund received during the fiscal year or forty million dollars. The money required to be credited to the assistance fund pursuant to this subsection (2)(b)(I)(B) may be taken from any single source or combination of sources of public school lands income other than interest or income earned on the deposit and investment of money in the public school fund.
(C) If, after making a determination and providing notice pursuant to subsection (2)(b)(I)(B) of this section, the state treasurer makes a new determination during any fiscal year that the use of interest or income earned on the deposit and investment of money in the public school fund to make payments under a financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2) will not prevent the interest component of the payments from qualifying for exemption from federal income taxation and the state treasurer provides written notice to the joint budget committee of the general assembly that the state treasurer has made a new determination and is rescinding the determination made pursuant to subsection (2)(b)(I)(B) of this section as of the date the written notice is provided, for the portion of the fiscal year beginning on the date the written notice is provided to the joint budget committee and for each subsequent fiscal year, the greater of thirty-five percent of the gross amount of public school lands income received during the fiscal year or forty million dollars. The money required to be credited to the assistance fund pursuant to this subsection (2)(b)(I)(C) may be taken from any single source or combination of sources of public school lands income.
(II) The net proceeds made available to the state from the sale of instruments evidencing rights to receive payments made and to be made under the terms of any financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2), unless otherwise required by the documents pursuant to which the instruments are issued;
(III) Any money transferred to the assistance fund under section 44-40-111 (12). The money transferred to the assistance fund pursuant to this subsection (2)(b)(III) and any income and interest derived from the deposit and investment of such money is exempt from any restriction on spending, revenue, or appropriations, including, without limitation, the restrictions of section 20 of article X of the state constitution.
(IV) Matching money paid to the state for use by the state in making scheduled payments payable by the state under the terms of financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2);
(V) Any moneys transferred or appropriated to the assistance fund pursuant to subsection (5) of this section.
(c) Reserved.
(d) (I) (A) For the state fiscal year commencing July 1, 2019, and for each state fiscal year thereafter, the state treasurer, as provided in section 39-28.8-305 (1)(a), shall annually credit to the assistance fund all of the money received and collected from the excise tax on retail marijuana imposed pursuant to part 3 of article 28.8 of title 39, subject to the limitation set forth in subsection (1)(b)(I) of this section.
(B) There is created within the assistance fund the charter school facilities assistance account. For the 2019-20 state fiscal year, and each state fiscal year thereafter, the state treasurer shall credit to the charter school facilities assistance account a percentage of the amount credited pursuant to this subsection (2)(d) that is equal to the percentage of pupil enrollment, as defined in section 22-54-103, statewide, represented by pupils who were enrolled in charter schools for the prior school year. The department of education shall notify the state treasurer of the applicable percentage no later than June 1 of the immediately preceding state fiscal year.
(II) In addition to the credit made to the charter school facilities assistance account pursuant to subsection (2)(d)(I) of this section, the state treasurer shall credit the following amounts to the charter school facilities assistance account from the public school capital construction assistance fund:
(A) For the state fiscal year commencing on July 1, 2024, eleven million five hundred thousand dollars;
(B) For the state fiscal year commencing on July 1, 2025, twelve million dollars;
(C) For the state fiscal year commencing on July 1, 2026, thirteen million dollars;
(D) For the state fiscal year commencing on July 1, 2027, fourteen million dollars; and
(E) For the state fiscal year commencing on July 1, 2028, fifteen million dollars.
(III) If eligibility criteria are satisfied, the department shall apply for a state charter school facilities incentive grant awarded by the United States department of education.
(d.5) For the 2024-25 state fiscal year and each state fiscal year thereafter, the state treasurer shall credit to the assistance fund the additional interest and income remaining in the public school fund pursuant to section 22-41-102 (3)(i)(IV), (3)(j)(IV), and (3)(k)(III).
(e) On May 21, 2019, if possible, or as soon as possible thereafter, the state treasurer shall transfer four million two hundred fifty thousand dollars from the assistance fund to the charter school facilities assistance account of the assistance fund created in subsection (2)(d) of this section.
(f) On July 1, 2020, the state treasurer shall transfer one hundred million dollars from the assistance fund to the state public school fund created in section 22-54-114 (1).
(g) The assistance fund includes fifty million dollars, which the state treasurer is required to transfer from the marijuana tax cash fund created in section 39-28.8-501 (1) on June 1, 2022, pursuant to section 39-28.8-501 (4.8).
(h) On June 16, 2021, if possible, or as soon as possible thereafter, the state treasurer shall transfer ten million dollars from the general fund to the assistance fund. Notwithstanding subsection (3)(a) of this section, the money transferred pursuant to this subsection (2)(h) shall be used only to provide financial assistance in the form of grants as authorized in section 22-43.7-109 (15).
(i) On June 1, 2023, the state treasurer shall transfer fifteen million dollars from the state education fund to the assistance fund.
(3) Subject to annual appropriation, the department may expend money in the assistance fund for the purposes of paying the direct and indirect administrative costs, including but not limited to the costs of conducting or contracting for the financial assistance priority assessment required by section 22-43.7-108 (1), incurred by the division, the board, and the department in exercising their powers and duties pursuant to this article 43.7, providing financial assistance, making payments required by section 22-43.7-114, and paying any transaction costs necessarily incurred in connection with the provision of financial assistance as authorized by this article 43.7. For state fiscal year 2020-21, the general assembly shall appropriate sixty million dollars from the assistance fund for use by the board in providing financial assistance in the form of matching cash grants only.
(3.5) In determining the amount of financial assistance that it provides and in so doing managing the balance of the assistance fund, the board shall ensure that, effective June 30, 2013, and effective each June 30 thereafter, the balance of the assistance fund, not including the amounts credited to the charter school facilities assistance account pursuant to subsection (2)(d) of this section, is at least equal to the total amount of payments to be made by the state during the next fiscal year under the terms of any financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2) less the amount of any school district matching money and any federal money to be received for the purpose of making the payments.
(4) For each fiscal year commencing on or after July 1, 2008, an emergency reserve of at least one million dollars shall be maintained in the assistance fund; except that an emergency reserve need not be maintained in any fiscal year in which the amount of either public school lands income or public school lands income other than interest or income earned on the deposit and investment of money in the public school fund, or both, credited to the assistance fund pursuant to subsection (2)(b)(I) of this section is an amount equal to the difference between the total amount of payments to be made by the state under the terms of financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2) and the total amount of matching money to be paid to the state as payments under the terms of financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2) rather than, to the extent applicable, thirty-five percent of the gross amount of public school lands income received by the state during the fiscal year or fifty percent of the gross amount of public school lands income other than interest or income earned on the deposit and investment of money in the public school fund received by the state during the fiscal year. The board may expend money from the emergency reserve only to provide emergency financial assistance to address a public school facility emergency in accordance with section 22-43.7-109 (8).
(5) If the state treasurer, pursuant to subsection (2)(b)(I)(B) of this section, provides written notice to the joint budget committee of the general assembly that the state treasurer has determined that the use of interest or income earned on the deposit and investment of money in the public school fund to make payments under a financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2) will prevent the interest component of the payments from qualifying for exemption from federal income taxation, any such interest or income credited to the assistance fund before the treasurer provides the written notice shall be segregated into a separate restricted account of the assistance fund. All interest and income earned on the deposit and investment of money in the restricted account shall be credited to the restricted account. Money in the restricted account shall not be commingled with other money in the assistance fund. Notwithstanding any other provision of law, money in the restricted account shall not be used and shall not be available to pay payments under any financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2) unless and until the state treasurer, pursuant to subsection (2)(b)(I)(C) of this section, provides written notice to the joint budget committee of the general assembly that the state treasurer is rescinding the determination made pursuant to subsection (2)(b)(I)(B) of this section as of the date the written notice is provided. Money in the restricted account may be used for the other purposes for which money in the assistance fund may be used under this article 43.7.
(6) If the amount of money in the assistance fund that, subject to the limitations set forth in subsection (5) of this section, is available to pay payments under any financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2) will be insufficient to cover the full amount of the payments required by the financed purchase of an asset or certificate of participation agreements, the general assembly may appropriate or transfer from any legally available source to the assistance fund sufficient money to make the payments.
(7) In its budget request submitted to the joint budget committee each November 1, the office of state planning and budgeting shall report the amount of revenue that was credited to the state public school fund for the prior state fiscal year pursuant to subsection (1)(b) of this section. The joint budget committee must consider the amount of revenue that was credited to the state public school fund and whether to continue crediting money to the state public school fund pursuant to subsection (1)(b) of this section.
Source: L. 2008: Entire article R&RE, p. 1043, � 1, effective May 22. L. 2009: (2)(b)(I), (2)(b)(II), and (4) amended and (2)(b)(V), (5), and (6) added, (SB 09-257), ch. 424, pp. 2364, 2366, �� 2, 3, effective June 4. L. 2013: (3.5) added, (SB 13-214), ch. 398, p. 2324, � 2, effective June 5. L. 2014: (3) amended, (SB 14-112), ch. 47, p. 224, � 1, effective March 20; (2)(d) added, (HB 14-1287), ch. 226, p. 842, � 2, effective May 17; (2)(b)(I), (3), and (3.5) amended and (2)(d) added, (HB 14-1292), ch. 243, p. 910, � 15, effective May 21. L. 2018: (2)(d) amended, (HB 18-1070), ch. 322, p. 1929, � 1, effective May 30. L. 2019: (2)(d) and (3) amended and (2)(e) added, (HB 19-1055), ch. 246, p. 2402, � 1, effective May 21. L. 2020: (2)(d) and (3) amended and (2)(f) added, (HB 20-1418), ch. 197, p. 941, � 6, effective June 30. L. 2021: (2)(g) added, (SB 21-207), ch. 76, p. 300, � 1, effective April 30; (2)(h) added, (SB 21-202), ch. 248, p. 1350, � 1, effective June 16; (2)(b)(III) amended, (HB 21-1318), ch. 272, p. 1579, � 3, effective June 21; IP(2)(b), (2)(b)(I), (2)(b)(II), (2)(b)(IV), (3.5), (4), (5), and (6) amended, (HB 21-1316), ch. 325, p. 2002, � 15, effective July 1. L. 2022: (2)(g) amended, (HB 22-1341), ch. 136, p. 917, � 1, effective April 25. L. 2023: (2)(g) amended and (2)(i) added, (SB 23-220), ch. 183, p. 894, � 4, effective May 12. L. 2024: (2)(d) amended, (HB 24-1448), ch. 236, p. 1512, � 11, effective May 23. L. 2025: (1) and (2)(d)(I) amended and (2)(d.5) and (7) added, (HB 25-1320), ch. 236, p. 1171, � 20, effective May 23; (2)(g) amended, (SB 25-268), ch. 374, p. 2017, � 4, effective June 3.
Editor's note: Amendments to subsection (2)(d) by HB 14-1287 and HB 14-1292 were harmonized. Amendments to subsection (3) by SB 14-112 and HB 14-1292 were harmonized.
Cross references: (1) For the short title (Student Success Act) in HB 14-1292, see section 1 of chapter 243, Session Laws of Colorado 2014.
(2) For the legislative declaration in HB 14-1287, see section 1 of chapter 226, Session Laws of Colorado 2014. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014. For the legislative declaration in HB 20-1418, see section 1 of chapter 197, Session Laws of Colorado 2020. For the legislative declaration in SB 23-220, see section 1 of chapter 183, Session Laws of Colorado 2023. For the legislative declaration in HB 25-1320, see section 1 of chapter 236, Session Laws of Colorado 2025.
22-43.7-105. Division of public school capital construction assistance - creation - director - function - powers and duties. (1) (a) There is hereby created within the department a division of state government to be known and designated as the division of public school capital construction assistance, the head of which shall be the director of the division of public school capital construction assistance. Pursuant to section 13 of article XII of the state constitution, the commissioner of education shall appoint the director, and the commissioner shall give good faith consideration to the recommendations of the state board and the board prior to appointing the director. The commissioner shall also appoint such other personnel as may be necessary to fulfill the functions and exercise the powers and duties of the division.
(b) The division and the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department.
(2) The function of the division is to provide professional and technical support to the board as the board exercises its powers and duties as specified in this article so that financial assistance can be provided for public schools in an equitable, efficient, and effective manner. In furtherance of its function, the division, subject to board direction, has the following powers and duties:
(a) To support the board in establishing public school facility construction guidelines pursuant to section 22-43.7-107;
(b) To support the board in conducting or causing to be conducted the financial assistance priority assessment of public schools throughout the state required by section 22-43.7-108, and, as part of such support, to inspect and assess public school facilities or evaluate the results of any such inspection and assessment conducted by any contractor retained by the board;
(c) At the request of the board, to undertake a preliminary review of financial assistance applications submitted by applicants and assist the board in the development of the prioritized list of public school facility capital construction projects recommended for financial assistance that the board is required to prepare pursuant to section 22-43.7-106 (2)(c);
(d) To assist applicants and potential applicants in identifying critical capital construction needs using the public school facility construction guidelines as specified in section 22-43.7-107; and
(e) To exercise such other powers and duties as may be necessary to adequately fulfill its function.
(3) In addition to the functions of the division specified in subsection (2) of this section, if the governor declares, by executive order or proclamation, a disaster emergency in any area of the state pursuant to section 24-33.5-704 (4), C.R.S., the division shall, as soon as possible following the declaration of the disaster emergency, contact each affected school facility in any area of the state in which the governor declared the disaster emergency to assess any facility needs resulting from the declared disaster emergency. The division must report its findings to the board as soon as possible following its outreach.
Source: L. 2008: Entire article R&RE, p. 1045, � 1, effective May 22. L. 2014: (3) added, (HB 14-1287), ch. 226, p. 843, � 3, effective May 17. L. 2022: (1)(b) amended, (SB 22-162), ch. 469, p. 3360, � 28, effective August 10.
Cross references: (1) For the legislative declaration in HB 14-1287, see section 1 of chapter 226, Session Laws of Colorado 2014.
(2) For the short title (the Debbie Haskins 'Administration Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
22-43.7-106. Public school capital construction assistance board - creation - general powers and duties - rules. (1) (a) There is created in the department the public school capital construction assistance board. The board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department. The board consists of nine appointed members, none of whom shall hold any state elective office. Five voting members of the board constitute a quorum. Board members are appointed as follows:
(I) The state board shall appoint three members from different areas of the state and from urban, suburban, and rural school districts. The members appointed by the state board shall all have demonstrated experience regarding public school facility issues and shall include:
(A) One member who is a school district board member at the time of appointment;
(B) One member who is a public school superintendent or administrator at the time of appointment or has recent experience as a public school superintendent or administrator; and
(C) One member who is a school facilities planner or manager at the time of appointment or has recent experience as a school facilities planner or manager.
(II) The governor shall appoint three members. The members appointed by the governor shall include:
(A) One member who is an architect whose professional practice includes the design and rehabilitation of public school facilities at the time of appointment or who has recent experience rehabilitating existing public school facilities and designing new public school facilities;
(B) One member who is an engineer whose professional practice at the time of appointment includes public school facilities engineering or who has recent experience in public school facilities engineering; and
(C) One member who is a construction manager who at the time of appointment manages public school facilities construction projects or who has recent experience managing such projects.
(III) The general assembly shall appoint three members, one of whom shall be appointed by the speaker of the house of representatives, one of whom shall be appointed by the president of the senate, and one of whom shall be appointed jointly by the minority leaders of the house of representatives and the senate. The members appointed by the general assembly shall include:
(A) One member who is a school facilities planner or manager at the time of appointment or has recent experience as a school facilities planner or manager;
(B) One member who has expertise in technology, including but not limited to technology for individual student learning and classroom instruction; and
(C) One member who has public school finance expertise and knowledge regarding public school trust lands.
(b) Members of the board shall serve for terms of two years and may serve up to three consecutive terms; except that the terms shall be staggered so that no more than five members' terms expire in the same year. The appointing authority for a member may remove the member for any cause that renders the member incapable of discharging or unfit to discharge the member's duties. The appropriate appointing authority shall fill any vacancy in the membership of the board by appointment, and a member appointed to fill a vacancy shall serve until the expiration of the term for which the vacancy was filled. Members of the board serve without compensation but are entitled to reimbursement for travel and other necessary expenses actually incurred in the performance of their duties. The board shall elect a chair from among its members.
(2) The function of the board is to protect the health and safety of students, teachers, and other persons using public school facilities and maximize student achievement by ensuring that the condition and capacity of public school facilities are sufficient to provide a safe and uncrowded environment that is conducive to students' learning. In performing its function, the board shall ensure the most equitable, efficient, and effective use of state revenues dedicated to provide financial assistance for capital construction projects pursuant to the provisions of this article 43.7 by assessing public school capital construction needs throughout the state and providing expert recommendations based on objective criteria to the state board regarding the appropriate prioritization and allocation of such financial assistance. To further the performance of its function, the board, in addition to any other powers and duties specified in this article 43.7, has the following powers and duties:
(a) To establish public school facility construction guidelines as specified in section 22-43.7-107 to use in reviewing financial assistance applications and recommending to the state board a prioritized list of projects recommended to receive financial assistance as specified in paragraph (c) of this subsection (2);
(b) As soon as possible following the establishment of school facility construction guidelines pursuant to paragraph (a) of this subsection (2), to conduct or contract for a financial assistance priority assessment of public school buildings and facilities in this state based on the criteria set forth in section 22-43.7-107 (2);
(c) To review financial assistance applications and prepare and submit to the state board a prioritized list of projects to receive financial assistance and the amount and type of financial assistance that should be provided for each project;
(d) To establish guidelines for the division to follow when assisting potential applicants in identifying critical capital construction needs and preparing financial assistance applications pursuant to section 22-43.7-105 (2)(d);
(e) With the support of the division, to assist applicants that cannot feasibly maintain their own construction management staff in implementing the projects for which financial assistance is provided, including but not limited to providing assistance with the preparation of requests for bids or proposals, contract negotiations, contract implementation, and project and construction management;
(f) With the support of the division, to assist applicants in implementing energy-efficient public school facility design and construction practices;
(g) To authorize the state treasurer to enter into financed purchase of an asset or certificate of participation agreements on behalf of the state as authorized by this article 43.7 in order to finance public school facility capital construction;
(h) To enter into sub-financed purchase of an asset or certificate of participation agreements on behalf of the state to sub-finance public school facilities financed by the financed purchase of an asset or certificate of participation agreements to applicants; and
(i) (I) To promulgate such rules, in accordance with article 4 of title 24, C.R.S., as are necessary and proper for the administration of this article, including but not limited to:
(A) Conflict of interest rules for board members;
(B) Rules establishing evaluation criteria for matching moneys requirement waiver or reduction applications submitted to the board pursuant to section 22-43.7-109 (10); and
(C) Rules establishing the means by which public school facilities and projects financed in whole or in part with financial assistance provided pursuant this article are to be publicly identified as having been so financed.
(II) The board shall provide a copy of any proposed board rule to the state board on or before the date on which the board issues a notice of proposed rule-making for the rule pursuant to section 24-4-103 (3), C.R.S.
Source: L. 2008: Entire article R&RE, p. 1046, � 1, effective May 22. L. 2009: IP(1)(a) amended, (SB 09-257), ch. 424, p. 2367, � 4, effective June 4. L. 2021: IP(2), (2)(g), and (2)(h) amended, (HB 21-1316), ch. 325, p. 2005, � 16, effective July 1. L. 2022: (1)(b) amended, (SB 22-013), ch. 2, p. 28, � 35, effective February 25; IP(1)(a) amended, (SB 22-162), ch. 469, p. 3360, � 29, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administration Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
22-43.7-107. Public school facility construction guidelines - establishment by board - use. (1) (a) The board shall establish public school facility construction guidelines for use by the board in assessing and prioritizing public school capital construction needs throughout the state as required by section 22-43.7-108, reviewing applications for financial assistance, and making recommendations to the state board regarding appropriate allocation of awards of financial assistance from the assistance fund only to applicants. The board shall establish the guidelines in rules promulgated in accordance with article 4 of title 24, C.R.S.
(b) It is the intent of the general assembly that the public school facility construction guidelines established by the board be used only for the purposes specified in paragraph (a) of this subsection (1).
(2) The public school facility construction guidelines must identify and describe the capital construction, renovation, and equipment needs in public school facilities and means of addressing those needs that will provide educational and safety benefits at a reasonable cost. In preparing the guidelines, the board shall address the following considerations:
(a) Health and safety issues, including security needs and all applicable building, health, safety, and environmental codes and standards required by state and federal law;
(b) Technology, including but not limited to telecommunications and internet connectivity technology, technology for individual student learning and classroom instruction, and technology, as defined in section 22-43.7-109 (5)(a)(I)(B), which includes hardware, devices, or equipment necessary for individual student learning and classroom instruction, including access to electronic instructional materials, or necessary for professional use by a classroom teacher;
(c) Building site requirements;
(d) Building performance standards and guidelines, including but not limited to green building and energy efficiency criteria as specified in executive order D0012 07, Greening of State Government: Detailed Implementation, issued by the governor on April 16, 2007, or any subsequent executive orders or other policy directives concerning green building and energy efficiency criteria issued by the governor or the Colorado energy office;
(e) Consultation with the incumbent electric utility regarding energy efficiency; beneficial electrification, as defined in section 40-1-102 (1.2); and renewable distributed generation opportunities;
(f) Functionality of existing and planned public school facilities for core educational programs, particularly those educational programs for which the state board has adopted state model content standards;
(g) Capacity of existing and planned public school facilities, taking into consideration potential expansion of services for the benefit of students such as full-day kindergarten and preschool- and school-based health services;
(h) Public school facility accessibility; and
(i) The historic significance of existing public school facilities and the potential to meet current programming needs by rehabilitating such facilities.
(3) The board and the division shall apply the public school facility construction guidelines in conducting the financial assistance priority assessment required by section 22-43.7-108.
Source: L. 2008: Entire article R&RE, p. 1049, � 1, effective May 22. L. 2012: (2)(d) amended, (HB 12-1315), ch. 224, p. 958, � 4, effective July 1. L. 2017: (2)(b) amended, (HB 17-1082), ch. 392, p. 2020, � 2, effective June 6. L. 2020: (2) amended, (SB 20-124), ch. 223, p. 1098, � 1, effective September 14. L. 2021: (2)(e) amended, (SB 21-246), ch. 283, p. 1682, � 6, effective September 7.
Cross references: For the legislative declaration in SB 21-246, see section 1 of chapter 283, Session Laws of Colorado 2021.
22-43.7-108. Statewide financial assistance priority assessment - public school facilities. (1) (a) As soon as possible following the establishment of the public school facility construction guidelines pursuant to section 22-43.7-107, the board shall conduct with the assistance of the division, or contract for, a financial assistance priority assessment of public school facilities throughout the state as provided in this section. The board shall order payment of the costs incurred in conducting or contracting for the financial assistance priority assessment from the assistance fund.
(b) It is the intent of the general assembly that the financial assistance priority assessment required by this section be used only for the purposes specified in paragraph (a) of this subsection (1) and section 22-43.7-107 (1)(a).
(2) (a) The financial assistance priority assessment shall assess public school facility capital construction projects based on:
(I) The condition of the public school facility;
(II) Air and water quality in the public school facility;
(III) Public school facility space requirements;
(IV) The ability to accommodate educational technology, including but not limited to technology for individual student learning and classroom instruction;
(V) Site requirements for the public school facility;
(VI) Public school facility demographics, including a five-year projection concerning anticipated substantial changes in the pupil count of individual public school facilities; and
(VII) Annualized utility
C.R.S. § 22-7-1009.3
22-7-1009.3. Diploma endorsement - science, technology, engineering, and mathematics - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Granting local education provider means a local school board, BOCES,
district charter high school, or institute charter high school that chooses to grant a STEM diploma endorsement to a student who demonstrates mastery in the STEM disciplines as described in this section.
(b) STEM means the combination of the disciplines of science, technology,
engineering, and mathematics.
(2) A local education provider may grant a diploma endorsement in STEM to
a graduating high school student who demonstrates mastery in the STEM disciplines. To obtain an endorsement in STEM, a graduating student must:
(a) Meet the minimum high school graduation requirements at a high level of
proficiency as specified by the granting local education provider;
(b) Successfully complete, with a grade point average of at least 3.5 on a 4.0
scale or the equivalent for a higher scale, a coherent sequence of at least four courses in the areas of science, technology, engineering, and mathematics as determined by the granting local education provider, which courses are in addition to the minimum graduation requirements in these areas;
(c) Demonstrate proficiency in mathematics by:
(I) Achieving a score of twenty-eight or higher on the mathematics portion of
the ACT college readiness assessment;
(II) Achieving a score of six hundred or higher on the mathematics portion of
the college readiness assessment provided by the College Board, commonly known as the SAT;
(III) Achieving a score of five or higher on the mathematics portion of the
international baccalaureate test;
(IV) Achieving a score of four or higher on the advanced placement
mathematics assessment;
(V) Achieving a score of one hundred or higher on the suite of tests that
assesses reading, writing, mathematics, and computer skills provided by the College Board for college placement purposes, commonly known as the Accuplacer; or
(VI) Achieving a score of eighty-five or higher on the armed services
vocational aptitude battery test used for military enlistment; and
(d) Successfully complete a final capstone project, which is a culminating
exhibition of the student's project or experience that demonstrates academic and intellectual learning. To successfully complete a final capstone project, the student must achieve a high proficiency level of mastery, as set by the granting local education provider, for each of the following competencies:
(I) Inquiry-based learning, which is demonstrated through the capstone
project by asking questions and defining problems;
(II) Creative problem-solving, which is demonstrated through the capstone
project by developing and applying scientific and mathematical models to explain complex ideas and solutions;
(III) Experimentation, which is demonstrated through the capstone project by
planning and carrying out investigations;
(IV) Critical thinking, which is demonstrated through the capstone project by
analyzing and interpreting data and communicating conclusions;
(V) Deductive and inductive reasoning, which is demonstrated through the
capstone project by using mathematics and computational thinking;
(VI) Understanding of engineering principles, which is demonstrated through
the capstone project by constructing explanations and designing solutions; and
(VII) Effective communication skills, which are demonstrated through the
capstone project by engaging in argument from evidence.
(3) Each granting local education provider shall work with STEM-related
business and industrial leaders identified by the local education provider within the surrounding communities and with appropriate institutions of higher education to establish the high proficiency levels of mastery that a student must demonstrate in each of the competencies described in subsection (2)(d) of this section.
(4) Each granting local education provider shall annually provide to students
enrolled in grades six through twelve and their parents information concerning the requirements for obtaining the STEM diploma endorsement.
Source: L. 2017: Entire section added, (HB 17-1201), ch. 211, p. 823, � 1,
effective May 18.
C.R.S. § 22-81-104
22-81-104. Pre-K-16 mathematics, science, and technology education strategic plan. (1) The department of education and the Colorado commission on higher education, in cooperation and consultation with the business, industry, and professionals in the fields of mathematics, science, technology, and engineering, shall develop a plan for improving Pre-K-16 mathematics, science, and technology education in the state of Colorado through the use of telecommunications networks and facilities. The department of education and the Colorado commission on higher education shall use existing resources and personnel to develop the plan and may collaborate with interested parties, including, but not limited to, those described in this subsection (1).
(2) At a minimum, the plan shall provide direction for program development
including:
(a) Identification of curricular goals, which goals reflect the systemic change
in the mathematics, science, and technology education curriculum so as to be consistent with the contemporary understanding and emerging patterns of content and pedagogy. Such goals shall also reflect current guidelines and standards, such as those defined by the national council of teachers of mathematics, the American association for the advancement of science, and the national science teachers association.
(b) Identification of essential teacher characteristics;
(c) A statement of desired levels of mathematics, science, and technology
achievement by students;
(d) A description of recommended courses of action to improve educational
programs, practices, and service;
(e) The improvement of access and availability of mathematics, science, and
technology courses, especially for rural school districts and particularly to those groups which are traditionally underrepresented. The plan shall include goals for using telecommunications facilities.
(f) Pre-K-16 teacher training in mathematics, science, and technology; and
(g) Cost estimates.
(3) The plan should provide a framework that enables the teachers, school
districts, and institutions of higher education to solve the stated problems as they deem appropriate. The plan should provide mechanisms and incentives to:
(a) Course providers and receivers at the Pre-K-16 and postsecondary levels
to design and implement new curricula and to develop new course materials;
(b) Course providers and receivers for leveraging distance learning
technologies and applying distance learning instructional design techniques;
(c) Pre-K-16 teachers for taking graduate mathematics, science, and
technology courses and degree programs. Such incentives may include a tuition matching program.
(d) Involve appropriate Colorado state agencies, federal agencies,
professional organizations, public television stations, and business and industry in the development of the strategic plan; and
(e) Business, industry, and individuals for volunteering their time and
community resources.
(4) The plan shall provide a mechanism for incorporating the cost for
accomplishing these goals into the ongoing operating budget beginning in 1991.
Source: L. 90: Entire article added, p. 1134, � 1, effective May 23. L. 91: (1),
(2)(e), (2)(f), (3)(a), (3)(c), and (3)(d) amended, p. 518, � 4, effective June 5. L. 2016: (1), (2)(e), and (3)(b) amended, (SB 16-189), ch. 210, p. 764, � 42, effective June 6.
PART 2
SCIENCE AND TECHNOLOGY EDUCATION CENTERS
Cross references: For the legislative declaration contained in the 2001 act
enacting this part 2, see section 1 of chapter 287, Session Laws of Colorado 2001.
C.R.S. § 22-83-101
22-83-101. Legislative declaration. The general assembly finds that state programs instituting comprehensive statewide systemic initiatives designed to broaden the impact, accelerate the pace, and increase the effectiveness of and achieve significant improvements in science, mathematics, and technology education in pre-K through 12 and postsecondary levels are essential to student improvement and achievement in the 1990's and beyond. The general assembly further finds that a statewide structure for systemic change in pre-K through 12 and postsecondary mathematics, science, and technology education should be designed which takes full advantage of the unique opportunities available in Colorado including, but not limited to, a decentralized educational system that supports creative reform initiatives beginning in the classroom, a concentration of expertise in the space sciences and technological fields, and a plan for improving such education through the use of a statewide comprehensive telecommunications system under the Pre-K-16 Mathematics, Science, and Technology Improvement Act of 1990, article 81 of this title. The general assembly finds that the Colorado mathematics-science-technology commission appointed by the governor intends to facilitate and assist with developing plans for the restructuring of mathematics, science, and technology programs in pre-K through 12 and postsecondary education. The general assembly finds that the goals of such structure for systemic change should be to increase the knowledge of science and mathematics acquired by all students at all grade and ability levels, to afford every student the maximum opportunity to acquire the habits of mind and critical thinking skills that characterize the effective use of mathematics and science essential for engineering and technology, to assure the emergence of Colorado as the national leader in student achievement and participation in science, mathematics, and technology, particularly by those groups which are traditionally underrepresented, and to participate actively in achieving the president's and the nation's governors' goal of making American students the first in the world in mathematics and science achievement by the year 2000.
Source: L. 91: Entire article added, p. 514, � 1, effective June 5.
C.R.S. § 22-83-102
22-83-102. Pre-K through 12 and postsecondary mathematics, science, and technology education improvement plan. (1) The Colorado mathematics-science-technology commission shall facilitate an improvement plan that institutes comprehensive statewide systemic initiatives designed to analyze, review, and improve all or some of the systemic components of pre-K through 12 and postsecondary mathematics, science, and engineering education in Colorado. Such plan shall specifically include and address the following:
(a) The design, facilitation, and coordination of such a plan by the Colorado
department of education, the Colorado commission on higher education, the Colorado alliance for science, individual school district boards, and the governing boards of state institutions of higher education, in cooperation and consultation with the mathematics-science-technology commission appointed by the governor;
(b) Measures taken in preparation for action, including the mathematics-science-technology commission's findings derived from a thorough analysis of the
essential system components and factors affecting science, mathematics, engineering, and technical education;
(c) Specific objectives, including, but not limited to, increasing student
participation and achievement in mathematics, science, and technology education at all grade and ability levels and increasing public awareness about mathematics, science, and technology instruction and issues;
(d) The results and benefits expected from the plan, including increased
student access to and participation in math and science courses and the evaluation and redesigning of math and science instruction;
(e) An agenda for action and experimentation which describes an explicit
management and implementation structure, confronts obstacles to change, and achieves planned improvements;
(f) The proposed development of a network of unique schools to develop and
refine systemic change in mathematics, science, and technology education with an ultimate purpose of increasing the effectiveness for children;
(g) Long-term commitments to action specifically describing the
commitment made by the officers, offices, agencies, groups, and systems making up the statewide partnership;
(h) The past and planned efforts made to increase public awareness and
understanding of the urgent need to support improvements in mathematics, science, and technology education;
(i) A description of certain components of systemic change to be integrated
into plans for mathematics, science, and technology education initiatives, including but not limited to the following:
(I) Organizational structure and decision-making;
(II) Provision and allocation of resources;
(III) Recruitment and preparation of teachers and college faculty;
(IV) Retention and continuing professional development of teachers and
other professional personnel;
(V) Curriculum content and learning goals;
(VI) Delivery of instruction, including the use of educational technology;
(VII) Assessment of student achievement;
(VIII) Facilities and equipment;
(IX) Articulation within the system; and
(X) Accountability systems;
(j) The past and planned efforts made to restructure teacher education
programs for higher education to ensure that all students shall have strong mathematics, science, and technology competencies; and
(k) The use of advanced technology to improve distance learning capabilities
for rural and urban schools including, but not limited to, carrying mathematics, science, and technology courses on the state's existing telecommunications networks and those to be expanded or developed.
Source: L. 91: Entire article added, p. 515, � 1, effective June 5. L. 97: (1)(a)
amended, p. 1013, � 20, effective August 6.
C.R.S. § 23-15-103
23-15-103. Definitions. As used in this article, unless the context otherwise requires:
(1) Authority means the Colorado educational and cultural facilities
authority created by this article.
(2) Board means the board of directors of the authority.
(3) Bond, note, bond anticipation note, certificate of participation, or
other obligation means any bond, note, certificate of participation in annually renewable leases, debenture, interim certificate, or other evidence of financial indebtedness issued by the authority pursuant to this article or issued by another issuer pursuant to other statutory authority, including refunding bonds.
(4) Bond resolution means the resolution authorizing the issuance of, or
providing terms and conditions related to, bonds issued under the provisions of this article and includes any trust agreement, trust indenture, indenture of mortgage, or deed of trust providing terms and conditions for such bonds.
(5) Commission means the Colorado commission on higher education.
(6) Costs, as applied to facilities financed in whole or in part under the
provisions of this article, means and includes the sum total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, equipment, enlargement, improvement, and extension of such facilities and the acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and interest acquired, necessary, used for, or useful for or in connection with a facility and all other undertakings which the authority deems reasonable or necessary for the development of a facility, including without limitation the cost of studies and surveys, of land title and mortgage guaranty policies, of plans, specifications, and architectural and engineering services, of legal, accounting, organization, marketing, or other special services, of financing, acquisition, demolition, construction, equipment, and site development of new and rehabilitated buildings, of rehabilitation, reconstruction, repair, or remodeling of existing buildings, and of all other necessary and incidental expenses, including working capital, an initial bond, and interest reserve funds, together with interest on bonds issued to finance such facilities until a date not more than six months subsequent to the estimated date of completion.
(6.3) (a) Cultural institution means any governmental, quasi-governmental,
or nonprofit institution that engages in cultural, intellectual, scientific, educational, or artistic enrichment. Cultural institution includes, without limitation, any aquarium, botanical society, educational society, historical society, library, museum, gallery, performing arts association or society, nonprofit sports association, committee, or governing body, scientific society, natural history society or organization, zoological society, society for western history and western culture, sponsor of housing facilities that serve the cultural needs of their residents, and any private nonprofit foundation, nonprofit association, or other entity that is organized principally for the support and benefit of any of the foregoing.
(b) Cultural institution also includes any governmental, quasi-governmental, or nonprofit institution, corporation, association, or organization that,
through one or more affiliates, directly or indirectly engages in cultural, intellectual, scientific, educational, or artistic enrichment in this state or outside this state if:
(I) Such institution, corporation, association, or organization, or an affiliate of
such an entity, is engaged in a financing or refinancing on behalf of a facility within this state or outside of this state; and
(II) Such institution, corporation, association, or organization, or an affiliate
of such an entity, operates a cultural facility within this state.
(c) (Deleted by amendment, L. 2003, p. 2055, � 1, effective May 22, 2003.)
(6.5) Deep discount means any obligation for which the original purchase
price is substantially less than the par amount paid upon maturity.
(7) (Deleted by amendment, L. 2006, p. 1496, � 31, effective June 1, 2006.)
(8) (a) Educational institution means any governmental, quasi-governmental, or nonprofit educational institution operating in this state that:
(I) Provides an educational program for which it awards a bachelor's degree;
or
(II) Provides not less than a two-year program which is acceptable for full
credit towards such a degree; or
(III) Provides not less than a six-month program of training to prepare
students for gainful employment; or
(IV) Provides not less than a six-month program of training to develop,
improve, or enhance the occupational skills of persons in their current positions of employment or of persons seeking employment in a new or different occupation; or
(V) Provides an educational program pursuant to a charter from a school
district in accordance with applicable laws; or
(VI) Provides an educational program to the residents of the state; or
(VII) Provides or finances, directly or indirectly through one or more
affiliates, an educational program or educational services in this state or outside this state; or
(VIII) Is any public school district; or
(IX) Provides an educational program pursuant to a contract with the state
charter school institute in accordance with applicable laws.
(b) (Deleted by amendment, L. 2004, p. 1518, � 1, effective May 28, 2004.)
(c) Educational institution includes any private foundation, nonprofit
association, or any other entity which is organized principally for the support and benefit of any educational institution defined in paragraph (a) of this subsection (8) and includes but is not limited to the Auraria higher education center. Any reference in this article to educational institution supported in whole or in part by state funds includes but is not limited to the Auraria higher education center.
(8.5) (a) (I) (A) Facility, in the case of a participating educational institution,
means any structure or building suitable for use as a housing facility, an instructional facility, an administration building, a research facility, a laboratory, a maintenance, storage, or utility facility, an auditorium, a dining hall, a food service and preparation facility, a mental or physical health-care facility, a recreational facility, a hotel, or a student center facility or any other structure or facility required or useful for the operation of an educational institution, including, but not limited to: Offices, parking lots and garages, eating or drinking establishments, gift shops, lodging, and other supporting service structures; any equipment, furnishings, and appurtenances necessary or useful in the operation of a participating educational institution; and the acquisition, preparation, and development of all real and personal property necessary or convenient as a site or sites for any such structure or facility.
(B) Facility, in the case of a participating educational institution, also
means any structure or building described in sub-subparagraph (A) of this subparagraph (I) that is located within the state or outside the state and that is operated or financed by an educational institution if such institution operating or financing such structure or building, or an affiliate of such institution, operates or finances an educational facility within this state.
(II) (A) Facility, in the case of a cultural institution, means any property that
is suitable for the particular purposes of a cultural institution, including, without limitation, any such property suitable for use as or in connection with the operation of any one or more of the following: An administrative facility, an aquarium, an assembly hall, an auditorium, a botanical garden, an exhibition or performance hall or structure, a gallery, a greenhouse, a library, a museum, a scientific laboratory, a film center, a hotel, a housing facility that serves the cultural needs of its residents and is being financed as part of a multistate program of financing educational or cultural facilities under this article, a theater, or a zoological facility; and also including, without limitation, the books, works of art or music, and the animal, plant, or aquatic life or other items contained therein for display, exhibition, or performance. The term facility includes any other structure or facility required or useful for the operation of a cultural institution including, but not limited to, offices, parking lots and garages, eating or drinking establishments, gift shops, lodging, and other supporting service structures; any equipment, furnishings, and appurtenances necessary or useful in the operation of a cultural institution; and the acquisition, preparation, and development of all real and personal property necessary or convenient as a site or sites for any such structure or facility. The term facility also includes buildings on the national register of historic places that are owned or operated by nonprofit or governmental entities, including the authority.
(B) Facility, in the case of a cultural institution, also means any property
described in sub-subparagraph (A) of this subparagraph (II) that is located within the state or outside the state and that is operated or financed by a cultural institution if such institution operating or financing such property, or an affiliate of such institution, also operates or finances a cultural facility within this state.
(b) Facility does not include such items as food, fuel, supplies, or other
items which are customarily considered as current operating expenses or charges.
(9) Refinancing of outstanding obligations means liquidation, with the
proceeds of bonds or notes issued by the authority, of any indebtedness of a participating educational institution or cultural institution incurred prior to, on, or after July 1, 1981, to finance or aid in financing a lawful purpose of such institution not financed pursuant to this article which would constitute a facility had it been undertaken and financed by the authority. The term also means consolidation of such indebtedness with indebtedness of the authority incurred for a facility related to the purpose for which the indebtedness of such institution was initially incurred.
(10) Revenues means, with respect to facilities, the rents, fees, charges,
interest, principal repayments, and other income received or to be received by the authority from any source on account of such facilities.
(11) Zero-coupon means any obligation, as defined in subsection (3) of this
section, which is payable in one payment on a fixed date.
Source: L. 81: Entire article added, p. 1096, � 1, effective July 1. L. 83: (8)(a)(III)
amended and (8)(c) added, p. 804, � 1, effective May 25. L. 85: (8)(a)(III) and (8)(c) amended and (8)(a)(IV) added, p. 786, � 1, effective April 12. L. 88: (11) added, p. 849, � 2, effective April 20. L. 89: (6.3) added and (7)(a) and (9) amended, p. 986, � 2, effective April 8; (3) and (11) amended and (6.5) added, p. 982, � 2, effective April 12. L. 98: (1), (7)(a)(I), (8), and (9) amended, p. 601, � 3, effective May 4. L. 2000: (6.3), (7)(a), and IP (8)(a) amended and (8)(a)(VII) added, p. 404, � 2, effective April 13. L. 2002: (8)(a)(VIII) added, p. 1744, � 16, effective June 7. L. 2003: (6.3)(c), (7)(b), and (8)(b) amended, p. 2055, � 1, effective May 22. L. 2004: (6.3)(a), (7)(a)(II)(A), and (8)(b) amended, p. 1518, � 1, effective May 28; (8)(a)(VIII) amended and (8)(a)(IX) added, p. 1648, � 57, effective July 1. L. 2006: (7) amended and (8.5) added, p. 1496, � 31, effective June 1. L. 2008: (8)(a)(VIII) amended, p. 1066, � 11, effective May 22. L. 2024: (8.5)(a)(I)(A) and (8.5)(a)(II)(A) amended, (HB 24-1295), ch. 268, p. 1751, � 2, effective May 28.
C.R.S. § 23-15-107
23-15-107. General powers of the authority. (1) In addition to any other powers granted to the authority by this article 15, the authority has the following powers:
(a) To have perpetual existence and succession as a body politic and
corporate;
(b) To adopt and from time to time amend or repeal bylaws for the regulation
of its affairs and the conduct of its business, consistent with the provisions of this article;
(c) To sue and be sued;
(d) To have and to use a seal and to alter the same at pleasure;
(e) To maintain an office at such place or places as it may designate;
(f) To determine, in accordance with the provisions of this article, the
location and character of any facility to be financed under the provisions of this article and to acquire, construct, reconstruct, renovate, improve, alter, replace, maintain, repair, operate, and lease such facility as lessee or lessor; to enter into contracts for any and all of such purposes and for the management and operation of a facility; and to designate a participating educational institution or cultural institution as its agent to determine the location and character of a facility undertaken by such participating institution under the provisions of this article and, as agent of the authority, to acquire, construct, reconstruct, renovate, replace, alter, improve, maintain, repair, operate, lease as lessee or lessor, and regulate the same and to enter into contracts for any and all of such purposes including contracts for the management and operation of such facility;
(g) To enter into an agreement with a participating institution of
postsecondary education or cultural institution covering any or all of the facilities upon such terms and conditions as the authority shall deem proper, including, but not limited to, renewable, one-year leases with institutions of postsecondary education supported in whole or in part by state funds if authorized pursuant to section 23-1-106 or section 24-82-709, or a financed purchase of an asset or certificate of participation agreement authorized pursuant to sections 24-82-102 (1)(b) and 24-82-801; to charge and collect rent therefor and to terminate any such agreement upon the failure of the buyer to comply with any of the obligations thereof; and to include in any such agreement, if desired, provisions that the buyer thereof shall have options to renew the term of the agreement for such period or periods, at such rent, and upon such terms or conditions as shall be determined by the authority or to purchase any or all of the facilities or to include, if desired, provisions that, upon payment of all of the indebtedness incurred by the authority for the financing of such facilities, the authority will convey any or all of the facilities to the buyer or buyers thereof with or without consideration;
(h) To borrow money and to issue bonds, notes, bond anticipation notes, or
other obligations for any of its corporate purposes and to fund or refund the same, all as provided for in this article;
(i) To establish rules and regulations, and to designate a participating
educational institution or cultural institution as its agent to establish such rules and regulations, for the use of the facilities undertaken or operated by such participating institution and to employ or contract for consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary in its judgment and to fix their compensation;
(j) To receive and accept from the federal government or any other public
agency loans, grants, or contributions for or in aid of the construction of facilities or any portion thereof, or for equipping the same, and to receive and accept grants, gifts, or other contributions from any source, but only for the purposes for which they were loaned, contributed, or granted;
(k) To mortgage or pledge all or any portion of the facilities and the site or
sites thereof, whether then owned or thereafter acquired, for the benefit of the holders of bonds issued to finance such facilities or any portion thereof;
(l) To make mortgage loans or other secured or unsecured loans to any
participating educational institution or cultural institution for the cost of the facilities in accordance with an agreement between the authority and such participating institution; but no such loan shall exceed the total cost of such facilities as determined by such participating institution and approved by the authority;
(m) To make mortgage loans or other secured or unsecured loans to a
participating educational institution or cultural institution; to refund outstanding obligations, mortgages, or advances issued, made, or given by such participating institution for the cost of its facilities, including the issuance of bonds and the making of loans to a participating educational institution or cultural institution; or to refinance outstanding obligations and indebtedness incurred for facilities when the authority finds that such financing is in the public interest and alleviates the financial hardship upon the participating educational institution or cultural institution or is in connection with other financing by the authority for such participating institution;
(n) To obtain or aid in obtaining, from any department or agency of the
United States or of this state or any private company, any insurance or guarantee as to, or of, or for the payment or repayment of the interest or principal, or both the interest and principal, or any part of either or both on any loan, lease, or obligation or any instrument evidencing or securing the same made or entered into pursuant to the provisions of this article and, notwithstanding any other provisions of this article, to enter into any agreement, contract, or other instrument whatsoever with respect to any such insurance or guarantee, to accept payment in such manner and form as provided therein in the event of default by a participating educational institution or cultural institution, and to assign any such insurance or guarantee as security for the authority's bonds;
(o) To charge to and equitably apportion among participating educational
institutions or cultural institutions the administrative costs and expenses of the authority incurred in the exercise of the powers granted and the duties conferred by this article;
(p) To make and execute contracts and all other instruments necessary or
convenient for the exercise of its powers and functions under this article;
(q) To do all other things necessary and convenient to carry out the purposes
of this article;
(r) To make mortgage loans or other secured or unsecured loans to any
person for the costs of a facility which will be made available for use by an educational institution or a cultural institution, if the governing body of such institution has resolved that the use of such facility will be in the best interests of such institution; but no such loan shall exceed the total cost of said facility as determined by said institution and approved by the authority;
(s) To refund or refinance, through the issuance of bonds and the making of
loans, any outstanding obligations, mortgages, indebtednesses, or advances issued, made, or given by a person for the cost of facilities which will be made available for use by an educational institution or a cultural institution when the governing board of such institution finds that the use of said facility is in the best interests of said institution;
(t) To administer the Colorado education savings program pursuant to the
provisions of section 23-15-110.5;
(u) To designate bonds or certificates of participation of the authority as
Colorado education savings bonds or certificates pursuant to the provisions of section 23-15-110.5;
(v) To designate as Colorado education savings bonds or certificates the
bonds or certificates of participation of issuers other than the authority if the issuer has applied for such designation and the authority has determined that such instruments satisfy the criteria established in section 23-15-110.5 (2); and
(w) To establish and administer one or more funds for loans, revolving loans,
or grants to support capital projects for facilities, as well as operations, maintenance, programming, and other endeavors, for cultural institutions and educational institutions from any sources that may be available to the authority for its general purposes, including but not limited to net facility revenues, grants, gifts, or fees.
(2) The authority has the power to operate a facility either directly or
indirectly through contracts for the management and operation of a facility, or as a lessee or lessor. If the authority operates a facility, the authority must direct all net revenue from the facility to the purposes set forth in this article 15. In order to isolate operating risk on a project-by-project basis, the authority has the power to establish, or adopt a resolution approving the establishment of, one or more subsidiary controlled entities. Such a controlled entity enjoys and is entitled to the same powers, privileges, and immunities as the authority so long as:
(a) The controlled entity is a nonprofit corporation, limited liability company,
limited liability limited partnership, or other entity formed pursuant to state law and the authority is the sole member or partner of the entity;
(b) The authority appoints the governing body of or an agent to oversee the
controlled entity and may remove a member of the governing body or agent;
(c) Any revenue of the controlled entity that is not required to pay its
expenses and obligations and to fund reserves for such expenses and obligations and, upon dissolution of the controlled entity, any assets of the controlled entity not required to pay its expenses and obligations must be distributed to or at the direction of the authority and shall not be used for or accrue to the benefit of any private interests; and
(d) The authority may loan proceeds from bonds issued by the authority to
the controlled entity.
(3) No institution of postsecondary education supported in whole or in part
by state funds shall contract or otherwise agree with the authority to issue bonds on its behalf unless all approvals required by law, including but not limited to approvals required pursuant to section 23-1-106 and section 24-82-709, C.R.S., have been obtained.
(4) Repealed.
(5) No mortgage loan, other secured or unsecured loan, or financing,
refinancing, refunding, or other financial obligation incurred pursuant to the terms of this article for the benefit of a charter school as described in section 23-15-103 (8)(a)(V), shall obligate, directly or indirectly, the school district that granted the charter to the charter school unless:
(a) The express written consent of the school district is obtained; and
(b) The authority obtains a written opinion of legal counsel that the
obligation of the school district is legally permissible under the Colorado constitution and all applicable laws.
Source: L. 81: Entire article added, p. 1100, � 1, effective July 1. L. 83: (1)(r) and
(1)(s) added and (3) amended, p. 805, �� 3, 4, effective May 25. L. 84: (3) amended, p. 636, � 1, effective April 5. L. 85: (1)(g) and (2) amended, p. 786, � 2, effective April 12. L. 89: (1)(f), (1)(g), (1)(i), (1)(l) to (1)(o), (1)(r), (1)(s), (2), and (3) amended and (4) added, pp. 988, 990, �� 3, 4, effective April 8; (1)(t) to (1)(v) added, p. 983, � 3, effective April 12. L. 92: (4) repealed, p. 585, � 1, effective March 19. L. 98: (1)(f), (1)(i), (1)(l) to (1)(o), (1)(r), and (1)(s) amended and (5) added, p. 603, � 4, effective May 4. L. 2003: (1)(g) amended, p. 1377, � 6, effective April 28. L. 2009: (1)(g) amended, (HB 09-1218), ch. 132, p. 574, � 9, effective July 1. L. 2021: IP(1) and (1)(g) amended, (HB 21-1316), ch. 325, p. 2019, � 25, effective July 1. L. 2024: IP(1), (1)(v), and (2) amended and (1)(w) added, (HB 24-1295), ch. 268, p. 1752, � 3, effective May 28.
Cross references: For the legislative declaration contained in the 2003 act
amending subsection (1)(g), see section 1 of chapter 190, Session Laws of Colorado 2003.
C.R.S. § 23-20-101
23-20-101. University of Colorado - role and mission - all campuses. (1) The role and mission of the several campuses of the university of Colorado are as follows:
(a) The Boulder campus of the university of Colorado shall be a
comprehensive graduate research university with selective admission standards. The Boulder campus of the university of Colorado shall offer a comprehensive array of undergraduate, master's, and doctoral degree programs. The Boulder campus of the university of Colorado has exclusive authority to offer graduate programs in law. The Colorado commission on higher education, in consultation with the board of regents, shall designate those graduate level programs that are the primary responsibility of the Boulder campus of the university of Colorado. The university has the responsibility to provide on a statewide basis, utilizing when possible and appropriate the faculty and facilities of other educational institutions, those graduate level programs. The commission shall include in its funding recommendations a level of general fund support for these programs.
(b) The Denver campus of the university of Colorado shall be an urban
comprehensive undergraduate and graduate research university with selective admission standards. The Denver campus shall offer baccalaureate, master's, and a limited number of doctoral degree programs, emphasizing those that serve the needs of the Denver metropolitan area. The Denver campus has statewide authority to offer graduate programs in public administration and exclusive authority in architecture and planning.
(c) The Colorado Springs campus of the university of Colorado shall be a
comprehensive baccalaureate and specialized graduate research university with selective admission standards. The Colorado Springs campus shall offer liberal arts and sciences, business, engineering, health sciences, and teacher preparation undergraduate degree programs, and a selected number of master's and doctoral degree programs.
(d) The health sciences center campus of the university of Colorado shall
offer specialized baccalaureate, first-professional, master's, and doctoral degree programs in health-related disciplines and professions. It is affiliated with the university of Colorado hospital and other health-care facilities that offer settings for education, clinical practice, and basic and applied research. Except for degree programs in osteopathic medicine described in section 23-40-101 (4), it has exclusive authority in medicine, dentistry, pharmacy, and physical therapy.
Source: G.L. � 2748. G.S. � 3438. R.S. 08: � 6933. C.L. � 7996. CSA: C. 169, �
- CRS 53: � 124-2-1. C.R.S. 1963: � 124-2-1. L. 85: Entire section R&RE, p. 762, � 5, effective July 1. L. 89: (1)(b) amended, p. 1013, � 5, effective July 1. L. 2003: Entire section amended, p. 2593, � 1, effective July 1. L. 2011: (1)(c) amended, (SB 11-204), ch. 308, p. 1509, � 2, effective August 10. L. 2022: IP(1) and (1)(d) amended, (SB 22-056), ch. 27, p. 163, � 2, effective August 10.
C.R.S. § 23-20-122
23-20-122. Raising funds for university student memorial center. (1) For the purpose of raising funds from time to time for erecting, purchasing, otherwise acquiring, reconstructing, improving, adding to, extending, bettering, equipping, and furnishing, or any combination thereof, a student memorial center consisting of one or more buildings on the campus of the university of Colorado, the board of regents thereof, designated as the regents of the university of Colorado (in this section sometimes designated as the board), is authorized to enter into contracts with persons or corporations advancing money for such purposes, under which contracts the board is authorized to pledge the net income from the student memorial center, its facilities, and special student fees assessed for the purpose of financing the student memorial center or any part of such net income to the repayment of any sums so advanced and interest thereon.
(2) The board shall not pledge the general income of the university or create
any mortgage upon property belonging to such institution or obligate the state of Colorado for the purpose of repaying or receiving any funds raised or advanced under the provisions of this section.
(3) For the purpose of evidencing any such loan, the board may issue, in its
name and on its behalf, notes, debentures, bonds, or other evidences of indebtedness, in this section sometimes designated as obligations.
(4) Any obligations may be refunded by the board, subject to provisions
concerning their payment and any other contractual limitations in any proceedings authorizing the issuance of the obligations or otherwise appertaining thereto, by the issuance of obligations to refund, pay, and discharge all or any part of outstanding obligations for the purpose of avoiding or terminating any default, reducing interest costs or effecting other economies, or modifying or eliminating restrictive contractual limitations concerning the outstanding obligations of the student memorial center, or any combination thereof.
(5) Any obligations issued for refunding purposes either may be delivered in
exchange for the outstanding obligations being refunded or may be publicly or privately sold.
(6) No obligations may be refunded under this section unless the holders
thereof voluntarily surrender them for exchange or payment or unless they either mature or are callable for prior redemption under their terms within ten years from the date of issuance of the refunding obligations. Provision shall be made for paying the obligations within said period of time. The principal amount of the refunding obligations may exceed the principal amount of the refunded obligations if the aggregate principal and interest costs of the refunding obligations do not exceed such unaccrued costs of the obligations refunded. The principal amount of the refunding obligations may also be less than or the same as the principal amount of the obligations being refunded so long as provision is duly and sufficiently made for the payment of the refunded obligations.
(7) The proceeds of refunding obligations shall either be immediately applied
to the retirement of the obligations to be refunded or placed in escrow in any state or national bank within the state which is a member of the federal deposit insurance corporation to be applied to the payment of the obligations being refunded upon their presentation therefor. To the extent any incidental expenses have been capitalized, such refunding obligation proceeds may be used to defray such expenses. Any accrued interest and any premium appertaining to a sale of refunding obligations may be applied to the payment of the interest thereon, the principal thereof, or both interest and principal or deposited in a reserve therefor as the board may determine. Any such escrow shall not necessarily be limited to proceeds of refunding obligations but may include other moneys available for its purpose. Any proceeds in escrow, pending such use, may be invested or reinvested in securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S. Such proceeds and investments in escrow, together with any interest to be derived from any such investment, shall be in an amount at all times sufficient as to principal, interest, any prior redemption premium due, and any charges of the escrow agent payable therefrom to pay the obligations being refunded as they become due at their respective maturities or due at any designated prior redemption date in connection with which the board exercises a prior redemption option. Any purchaser of any obligation issued under this section shall in no manner be responsible for the application of the proceeds thereof by the board or any of its officers, agents, or employees.
(8) Refunding obligations may be made payable from any net revenues
derived from the student memorial center, or any portion thereof, notwithstanding that the pledge of such revenues for the payment of the outstanding obligations being refunded is thereby modified.
(9) Obligations for refunding and obligations for any other purpose
authorized may be issued separately or in combination in one series or more.
(10) The board shall establish a maximum net effective interest rate for
obligations issued under this section. Such obligations shall bear interest at a rate or rates such that the net effective interest rate of the issue of obligations does not exceed the maximum net effective interest rate established. Such interest shall be payable semiannually or annually and evidenced by one or two sets of coupons, if any, executed with the facsimile or manually executed signature of any official or officials of the board; except that the first coupon or coupons appertaining to any obligation may evidence interest not in excess of one year, and such obligations may be in one series or more, may bear such date or dates, may mature at such time or times not exceeding forty years from their respective dates, may be designated or redesignated, may be in such denomination or denominations, may be payable in such medium of payment, at such place or places within or without the state, may carry such registration privileges, may be subject to such terms of prior redemption in advance of maturity in such order or by lot or otherwise at such time or times with or without a premium, may be executed in such manner, may bear such privileges for reissuance in the same or other denominations, may be so reissued without modification of maturities and interest rates, and may be in such form, either coupon or registered, as may be provided by resolution of the board.
(11) The obligations shall never be sold at a price such that the net effective
interest rate of the issue of obligations exceeds the maximum net effective interest rate established.
(12) Obligations may be issued with privileges for conversion or registration,
or both, for payment as to principal or interest, or both. If interest accruing on the obligations is not represented by interest coupons, the obligations may provide for the endorsing of payments of interest thereon. The obligations generally shall be issued in such manner, in such form, either coupon or registered, with such recitals, terms, and provisions for subordination of subsequently issued obligations and such covenants and conditions, and with such other details as may be provided by the board, except as otherwise provided in this section.
(13) All obligations and the income therefrom shall be exempt from taxation,
except inheritance, estate, and transfer taxes.
(14) All moneys received from the issuance of any obligations authorized in
this section shall be used solely for the purpose for which issued and the cost of any project designated by the board and authorized in this section, including interest or discount on obligations, or both; cost of issuance of obligations; architectural, engineering, and inspection costs and legal expenses; costs of financial, professional, and other estimates and advice; contingencies; any administrative, operating, and other expenses of the board appertaining to a student memorial center prior to and during such acquisition or improvement and equipment, and additionally during a period of not exceeding one year after the completion thereof, as may be estimated and determined by the board in any resolution authorizing the issuance of any obligations or other instrument appertaining thereto, and all such other expenses as may be necessary or incident to the financing, acquisition, improvement, equipment, and completion of said center or part thereof, the placing of the same in operation, and also any provision or reserves for working capital, operation, maintenance, or replacement expenses, or for payment or security of principal of or interest on any obligations during or after such acquisition or improvement and equipment as the board may determine, and also reimbursements to the board, any bank, other corporation, or any other person of any moneys previously expended for the purposes of said center; except that any accrued interest and any premium appertaining to a sale of obligations may be applied to the payment of the interest thereon and the principal thereof, or both interest and principal, or may be deposited in a reserve therefor, as the board may determine.
(15) The powers conferred by this section shall be in addition and
supplemental to and not in substitution for, and the limitations imposed by this section shall not affect, the powers conferred by any other law. Obligations may be issued under this section without regard to the provisions of any other law. Insofar as the provisions of this section are inconsistent with the provisions of any other law, the provisions of this section shall be controlling.
Source: L. 49: p. 732, �� 1, 2. CSA: C. 169, � 36(1). CRS 53: � 124-2-34. L. 63:
pp. 869, 873, �� 1, 2. C.R.S. 1963: � 124-2-24. L. 70: p. 346, � 3. L. 89: (7) amended, p. 1110, � 15, effective July 1.
C.R.S. § 23-31-804
23-31-804. Republican river groundwater economic study - reporting - legislative declaration - definitions - repeal. (1) The general assembly finds and declares that:
(a) In 1942, the general assembly ratified the Republican river compact, an
interstate compact between Colorado, Nebraska, and Kansas regarding the allocation of water among the three states from the Republican river;
(b) Various disagreements and litigation have arisen among the three states
regarding the use of water as allocated by the compact;
(c) In 2016, Colorado, Nebraska, and Kansas, acting through the Republican
river compact administration, adopted a series of resolutions resolving various disputes among the three states;
(d) Under the terms of one of the resolutions, Colorado agreed to reduce the
number of acres irrigated within an area of the Republican river basin known as the South Fork focus zone by twenty-five thousand acres by December 31, 2029, which action is a solemn obligation of the state;
(e) If Colorado fails to meet its obligation under the terms of the South Fork
focus zone resolution, the state engineer could be required to curtail all groundwater use subject to the Republican river compact; and
(f) It is appropriate for the Colorado water center to study the economic
impact that will result if Colorado fails to meet its obligation under the terms of the South Fork focus zone resolution and the state engineer is then required to curtail all large-capacity groundwater withdrawals within the Republican river basin.
(2) As used in this section, unless the context otherwise requires:
(a) Agricultural committees means the house of representatives
agriculture, water, and natural resources committee and the senate agriculture and natural resources committee, or their successor committees.
(b) Notwithstanding section 23-31-801 (1), Colorado water center or
center means the institute.
(c) Large-capacity groundwater withdrawal means the lawful ability to
withdraw water in an amount of more than fifty gallons per minute from a well.
(d) Republican river basin has the meaning set forth in section 37-50-102
(5).
(e) South Fork focus zone resolution or resolution means the 2016
Republican river compact administration resolution signed by the commissioners of the Republican river compact administration on August 24, 2016, in which the state agreed to retire twenty-five thousand acres of its irrigated lands within the South Fork focus zone of the Republican river basin, and subsequent resolutions amending the terms of the resolution.
(f) State engineer means the state engineer appointed by the governor
pursuant to section 37-80-101.
(g) Water resources and agriculture review committee means the water
resources and agriculture review committee created in section 37-98-102 (1)(a)(I).
(3) On or before January 1, 2026, the Colorado water center shall complete a
study of the economic impact that will result if Colorado fails to meet its obligation under the terms of the South Fork focus zone resolution and the state engineer is then required to curtail all large-capacity groundwater withdrawals within the Republican river basin. In conducting the study, the Colorado water center shall examine the economic impact to the areas of Colorado, Nebraska, and Kansas affected by the Republican river basin.
(4) The center shall:
(a) Prepare a progress report of the study conducted pursuant to this section
and present the progress report to a joint committee of the agricultural committees during the joint committee's 2025 hearing held pursuant to section 2-7-203 of the SMART Act, part 2 of article 7 of title 2. The center shall submit a copy of the progress report to the water resources and agriculture review committee and, upon request of the committee, present the progress report to the committee.
(b) On or before January 1, 2026, prepare a final report of the findings and
conclusions from the study and post the final report on the center's website; and
(c) During the 2026 calendar year, present the final report:
(I) To the water resources and agriculture review committee; and
(II) To the joint committee of the agricultural committees.
(5) This section is repealed, effective January 1, 2027.
Source: L. 2023: Entire section added, (HB 23-1220), ch. 342, p. 2050, � 1,
effective June 3.
PART 9
FINANCING OF NATIONAL WESTERN
CENTER FACILITIES
C.R.S. § 23-31-901
23-31-901. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) The national western stock show has been held annually in Denver for one
hundred nine years, and it provides many important benefits to the state because it:
(I) Is a showcase event for the western agricultural industry and related
industries that promotes, supports, and helps to preserve the rural western lifestyle in our increasingly urbanized society and provides opportunities for dissemination of agricultural industry innovations and best practices locally, regionally, nationally, and internationally;
(II) Funds scholarships for students studying agriculture, rural medicine, and
veterinary science at institutions of higher education in the state and in Wyoming; and
(III) Has an estimated annual economic impact to the state of about one
hundred fifteen million dollars, hosting more national-level competitions than any other regional venue, and is considered one of the largest annual agricultural conventions and trade shows in the United States;
(b) It is important to sustain and grow the national western stock show in
Denver for the next one hundred years so that the state can continue to realize the benefits that it provides and additional benefits estimated to accrue from its transformational redevelopment, which include but are not limited to:
(I) The significant economic benefit to the state that will result from the
redevelopment and transformation of the site; and
(II) The following significant economic impacts, which an economic analysis
by strategic advisory group estimates, of developing the Colorado state university facilities at the national western center based upon the current ten-year build-out of the site without the use of financed purchase of an asset or certificate of participation agreements:
(A) An additional one hundred million dollars in economic impact to the state,
which the center will generate upon completion;
(B) An increase to over two million two hundred thousand in total attendance
annually;
(C) Nine hundred sixty thousand five hundred new visitors annually, forty
percent of whom will come from outside of Colorado;
(D) Three thousand nine hundred twenty construction jobs; and
(E) Five billion nine hundred million dollars in net new visitor spending over
thirty years;
(c) The existing grounds and facilities where the national western stock
show is held are currently difficult to access, poorly integrated with surrounding neighborhoods, and functionally limited;
(d) In order to ensure that the national western stock show can remain and
thrive in Denver for the foreseeable future, and that additional, broad-based benefits of year-round activity can be realized, the national western stock show, the city and county of Denver, Colorado state university, the Denver museum of nature and science, and history Colorado formed the national western center partnership;
(e) The purpose of the national western center partnership is to redevelop
and better integrate with surrounding neighborhoods the existing one hundred thirty acres of land on and near the existing site of the Denver coliseum and national western stock show grounds and to build and operate a new two-hundred-seventy-acre state-of-the-art, multi-purpose national western center to:
(I) House the national western stock show;
(II) Serve as a hub for year-round creative, P-20 experiential educational,
research and commercial activity that promotes, supports, and helps to preserve the western lifestyle while highlighting innovation and global issues of health, food systems, food security, water, and the environment; and
(III) Provide an attractive environment for additional agricultural business
and science investments that will increase other economic and workforce development activity in the surrounding neighborhoods, encourage the revitalization of those neighborhoods, and position the state as an agricultural innovations cluster leader; and
(f) At least twenty-four front range cities and towns already support the
development of the national western center.
(2) The general assembly further finds and declares that:
(a) Agriculture is a forty-two billion dollar per year industry in the state,
agricultural innovation has been growing at a rate that is four times the overall state economic growth rate, and agriculture continues to drive economic growth as a major driver of technological advancement, patent development, and entrepreneurship, much of which has global applicability;
(b) Colorado ranked third in the nation in federal spending on agricultural
research and development in 2011, with much of the funding being directed to universities and United States department of agriculture laboratories on the front range;
(c) The involvement of Colorado state university at the national western
center is a critical element of continued growth in agricultural innovation because it will create research and development opportunities, showcase Colorado's innovation economy on national and international stages, and create public-private partnerships with major industries that will advance science, technology, engineering, and mathematics (STEM) disciplines and have significant economic and scientific impact;
(d) As Colorado's land-grant university, a substantial part of Colorado state
university's educational mission is to provide agriculture-related research, education, and outreach and support Colorado's agricultural industry, and it does so by:
(I) Offering a wide variety of highly respected agriculture-related
undergraduate and graduate degree programs;
(II) Operating several research centers and institutes and a veterinary
teaching hospital; and
(III) Providing accurate and unbiased information to the public regarding
agriculture, gardening, nutrition, and natural resources-related topics through Colorado state university extension and its programs;
(e) In furtherance of its mission as Colorado's land-grant university and one
of the nation's premier agricultural and veterinary institutions, Colorado state university's focus at the national western center will be to advance academic, research, and outreach initiatives related to the state's broad-based economy in agriculture, food systems, health, and western culture, but it will not issue undergraduate or graduate academic degrees from the national western center;
(f) The national western center master plan provides for an integrated
facilities program that includes a variety of facilities for Colorado state university, including an equine sports medicine clinic, a collaborative community outreach veterinary clinic and clinical trials center, a water resources center, and a Colorado state university center that may include: a food systems innovation and learning center; a Denver urban extension center; an educational urban farm with demonstration fields; classrooms; laboratories; a test kitchen and administrative space; and other facilities that are consistent with the national western center master plan vision and guiding principles that may be added as the site develops. In addition, the national western center needs support from and integration with Colorado state university's on-campus programs that support the national western center vision and proposed activities, including teaching, research, and outreach. An on-campus equine veterinary teaching hospital, the Malone center for biologic and translational therapies, and the anatomy teaching laboratory expansion or other facilities that are supportive of activity at the national western center as the site develops will be critically connected to the national western center project.
(g) At full build-out of the two-hundred-seventy-acre national western
center, there will be abundant opportunities for complementary co-location to advance food production, food safety, animal health, nutrition, natural resource conservation, and a broad range of related agricultural industries, resulting in estimated direct employment of six thousand people and indirect employment of an additional ten thousand people;
(h) The national western center's centralized location relative to the state's
main population centers and its relationship to the state's greatest concentration of agricultural production, commodity processing, and food manufacturing to the north, including but not limited to the availability of a skilled workforce pipeline and proximity to several public and private universities, will help it drive future agricultural innovations; and
(i) It is necessary, appropriate, and in the best interests of the state to
authorize the state, acting by and through the state treasurer, to enter into financed purchase of an asset or certificate of participation agreements for the purpose of providing financing for the construction of facilities for Colorado state university at the national western center and on-campus affiliated facilities, and such financing is contingent upon approval, through established state executive and legislative branch capital construction project review and approval processes, of specific projects to be financed and the voters of the city and county of Denver approving an extension of the lodging and car rental taxes or another similar tax, which would generate necessary funding for the national western center. Further, it is in the best interests of the state to accelerate the development of the Colorado state university educational facilities resulting in the following economic benefits to the state:
(I) The state will realize the economic impact of the national western center
sooner;
(II) Overall facility costs will be reduced if design and construction is started
sooner; and
(III) Overall facility costs will also be reduced by taking advantage of
historically low interest rates that are currently available.
Source: L. 2015: Entire part added, (HB 15-1344), ch. 207, p. 746, � 1,
effective August 5. L. 2021: IP(1)(b)(II) and IP(2)(i) amended, (HB 21-1316), ch. 325, p. 2020, � 27, effective July 1.
C.R.S. § 23-41-105
23-41-105. School established - role and mission. There is hereby established a school at Golden, to be known as the Colorado school of mines. The school of mines shall be a specialized baccalaureate and graduate research institution with high admission standards. The Colorado school of mines shall have a unique mission in energy, mineral, and material science and engineering and associated engineering and science fields. The school shall be the primary institution of higher education offering energy, mineral, and material science and mineral engineering degrees at both the graduate and undergraduate levels.
Source: G.L. � 2432. L. 1881: p. 219, � 1. G.S. � 3102. R.S. 08: � 6019. C.L. �
- CSA: C. 145, � 5. CRS 53: � 124-9-5. C.R.S. 1963: � 124-9-5. L. 85: Entire section R&RE, p. 764, � 8, effective July 1.
C.R.S. § 23-41-114
23-41-114. Colorado energy research institute - creation. (1) There is hereby created at the Colorado school of mines the Colorado energy research institute, which shall be referred to in this section as the institute. It is the intent of this section that the institute serve as a mechanism for the development of energy and energy-related minerals research programs, including programs at single state or private educational or research institutions and multidisciplinary, interuniversity, government-university, and industry-university energy and energy-related minerals research programs and projects. It is the further intent of this section that the institute provide the mechanism for enhancing the development and promotion of energy and energy-related minerals education programs in the state.
(2) The principal administrative officer of the institute shall be the president
of the Colorado school of mines, and budgetary and fiscal procedures and activities of the institute shall be under the supervision of the Colorado school of mines.
(3) It is the duty of the institute to:
(a) Maintain liaison with the state to identify the important regional energy
and energy-related minerals problems, including their relationship to the use of the waters of the state;
(b) Solicit and determine, through inquiry of and consultation with the
executive and legislative branches of the state government and with local governments, the needs of the said branches and governments for energy data and background information relating to the determination of state policy and actions in relation to energy shortages, planning, and long-range options, and to collect, maintain, and provide such data and background material;
(c) Promote the development of energy and energy-related minerals
research programs and projects in single or multiple disciplines at state and private educational and research institutions;
(d) Administer a phase-out program of energy grants to enrolled
undergraduates within the higher education system;
(e) Develop and promote energy and energy-related minerals education
programs in the state;
(f) Administer programs of public education in energy development,
utilization, and conservation, which shall include, but shall not be limited to, energy status reports, sponsorship of symposia, demonstration programs, and reports on research results;
(g) Contract for and to accept any gifts or grants or loans or funds or
property or financial or other aid in any form from the United States or any agency or instrumentality thereof, or from the state or any executive or legislative agency thereof, or from any other source and to comply, subject to the provisions of this article, with the terms and conditions thereof, and to have the authority to expend such funds.
(h) Repealed.
(4) The institute shall conduct:
(a) Regular, mutual consultations about its progress in meeting the goals set
forth in this section with the department of natural resources; and
(b) The following specific research and educational programs designed to
meet the information needs of the department of natural resources, other agencies of the state's executive branch, the legislature, and the public:
(I) (A) The collection of primary data on the economic impact of energy
industries, emphasizing oil and gas, on municipalities and counties; the establishment of an energy economics database to be housed and maintained in the Colorado school of mines division of economics and business and the establishment of internet access to such database; the development of reliable means of forecasting by the institute's program in energy economics; and support for the analysis, interpretation, and periodic publication of the findings of the economic analysis.
(B) For the purposes authorized by this subsection (4)(b)(I), up to five
hundred thousand dollars of the unencumbered balance available in the energy and carbon management cash fund created in section 34-60-122 (5) may be expended.
(II) (A) The development of research in those sectors of geoscience and
engineering that are most critical to the formation of renewable energy and continued enhanced production of natural gas and oil from Rocky Mountain reservoirs, including production optimization and resource distribution and synergies with renewable resources.
(B) For the purpose authorized by this subsection (4)(b)(II), up to one million
dollars of the unencumbered balance available in the energy and carbon management cash fund created in section 34-60-122 (5) may be expended.
(C) Of the amount specified in subsection (4)(b)(II)(B) of this section: Five
hundred thousand dollars may be expended in the state fiscal year beginning July 1, 2005; and five hundred thousand dollars may be expended in the state fiscal year beginning July 1, 2006, if an estimate made on or about May 1, 2006, of the projected unencumbered balance that will be available in the energy and carbon management cash fund on July 1, 2006, exceeds two and one-half million dollars.
(III) (A) To inform the public, legislative and regulatory bodies, and working
professionals about new technologies and their relationship to traditional sources of energy to promote the public's understanding of how its everyday energy needs are met.
(B) For the purpose authorized by this subsection (4)(b)(III), up to three
hundred seventy-five thousand dollars of the unencumbered balance available in the energy and carbon management cash fund created in section 34-60-122 (5) may be expended.
(C) Of the amount specified in subsection (4)(b)(III)(B) of this section: One
hundred seventy-five thousand dollars may be expended in the state fiscal year beginning July 1, 2005; and two hundred thousand dollars may be expended in the state fiscal year beginning July 1, 2006, if an estimate made on or about May 1, 2006, of the projected unencumbered balance that will be available in the energy and carbon management cash fund on July 1, 2006, exceeds two and one-half million dollars.
(IV) (A) To facilitate economic development by funding local community
colleges, colleges, area technical colleges, and vocational schools in regions where energy development is occurring and by providing grants for job training and education resources to advance knowledge and skill development that goes beyond basic research and helps attract, educate, and train people for employment.
(B) For the purpose authorized by this subsection (4)(b)(IV), up to one million
dollars of the unencumbered balance available in the energy and carbon management cash fund created in section 34-60-122 (5) may be expended.
(C) Of the amount specified in subsection (4)(b)(IV)(B) of this section: Five
hundred thousand dollars may be expended in the state fiscal year beginning July 1, 2005; and five hundred thousand dollars may be expended in the state fiscal year beginning July 1, 2006, if an estimate made on or about May 1, 2006, of the projected unencumbered balance that will be available in the energy and carbon management cash fund on July 1, 2006, exceeds two and one-half million dollars.
(V) (A) To pay the membership dues of the energy council referred to in
section 2-3-311 (2)(b), C.R.S.
(B) For the purpose authorized by this subsection (4)(b)(V)(B), up to fifty-six
thousand dollars of the unencumbered balance available in the energy and carbon management cash fund created in section 34-60-122 (5) may be expended.
(VI) (A) To provide grants for the development of a central resource for
building trade professionals, including contractors, engineers, architects, and designers, for the purpose of increasing available tools and education to advance energy-efficient design and construction.
(B) For the purpose authorized by this subsection (4)(b)(VI), up to one
hundred twenty-five thousand dollars of the unencumbered balance available in the energy and carbon management cash fund created in section 34-60-122 (5) may be expended.
(C) Of the amount specified in subsection (4)(b)(VI)(B) of this section:
Seventy-five thousand dollars may be expended in the state fiscal year beginning July 1, 2005; and fifty thousand dollars may be expended in the state fiscal year beginning July 1, 2006, if an estimate made on or about May 1, 2006, of the projected unencumbered balance that will be available in the energy and carbon management cash fund on July 1, 2006, exceeds two and one-half million dollars.
Source: L. 74: Entire section added, p. 382, � 1, effective May 8. L. 77: (3)(g)
to (3)(j) added, p. 1118, � 1, effective June 2; (6) added by revision, p. 1118, � 2. L. 83: Entire section RC&RE, p. 808, � 1, effective July 1. L. 96: (3)(h) repealed, p. 1240, � 94, effective August 7. L. 2005: (4) added, p. 539, � 1, effective July 1. L. 2006: (4)(b)(I)(B), (4)(b)(II)(B), (4)(b)(II)(C), (4)(b)(III)(B), (4)(b)(III)(C), (4)(b)(IV)(B), (4)(b)(IV)(C), (4)(b)(V)(B), (4)(b)(VI)(B), and (4)(b)(VI)(C) amended, p. 1498, � 32, effective June 1. L. 2008: (4)(b)(VI)(A) amended, p. 69, � 5, effective March 18. L. 2012: (4)(b)(VI)(A) amended, (HB 12-1315), ch. 224, p. 962, � 14, effective July 1. L. 2016: (4)(b)(IV)(A) amended, (HB 16-1082), ch. 58, p. 154, � 47, effective August 10. L. 2018: (4)(b)(VI)(A) amended, (SB 18-003), ch. 359, p. 2132, � 4, effective June 1. L. 2023: (4)(b)(I)(B), (4)(b)(II)(B), (4)(b)(II)(C), (4)(b)(III)(B), (4)(b)(III)(C), (4)(b)(IV)(B), (4)(b)(IV)(C), (4)(b)(V)(B), (4)(b)(VI)(B), and (4)(b)(VI)(C) amended, (SB 23-285), ch. 235, p. 1251, � 21, effective July 1.
Editor's note: (1) In 1974, this section was originally enacted as 124-9-19 but
was renumbered on revision and included in the compilation of the C.R.S. 1973 as � 23-41-114. (See L. 74, p. 382.)
(2) Prior to its recreation and reenactment in 1983, subsection (6) provided
for the repeal of this section, effective July 1, 1982. (See L. 77, p. 1118, � 2.)
Cross references: For the legislative declaration contained in the 1996 act
amending this section, see section 1 of chapter 237 Session Laws of Colorado 1996.
C.R.S. § 23-41-205
23-41-205. Objectives of survey - duties of state geologist. (1) The Colorado geological survey shall provide assistance to and cooperate with the general public, industries, and agencies of state government, including institutions of higher education. The Colorado school of mines shall determine the priority of the objectives of the Colorado geological survey, subject to available appropriations and consistent with the memorandum of understanding entered into pursuant to section 23-41-201, which objectives shall include:
(a) To assist, consult with, and advise existing state and local governmental
agencies on geologic problems;
(b) To promote economic development of mineral and energy resources;
(c) To conduct studies to develop geological information;
(d) To inventory and analyze the state's mineral and energy resources as to
quantity, chemical composition, physical properties, location, and possible use;
(e) To collect and preserve geologic information;
(f) To advise the state on transactions dealing with natural resources
between state agencies and with other states and the federal government on common problems and studies;
(g) To evaluate the physical features of Colorado with reference to present
and potential human and animal use;
(h) To prepare, publish, and distribute reports, maps, and bulletins when
necessary to achieve the purposes of this part 2;
(i) To determine areas of natural geologic hazards that could affect the
safety of or economic loss to the citizens of Colorado;
(j) To advise the state engineer in the promulgation of rules pursuant to
article 90.5 of title 37, C.R.S., and to provide other governmental agencies with technical assistance regarding geothermal resources as needed;
(k) To conduct scientific studies of how geology affects and controls water
resources, especially within Colorado; and
(l) To conduct scientific research that advances knowledge and
understanding in related fields.
(m) Repealed.
(2) The duties of the state geologist shall be to fulfill the objectives of this
part 2 and, together with the employees of the survey, work for the maximum beneficial and most efficient use of the geologic processes for the protection of and economic benefit to the citizens of Colorado.
(3) The state geologist shall, upon receiving a preliminary plan pursuant to
section 30-28-136 (1)(i), C.R.S., or a major activity notice pursuant to section 31-23-225, C.R.S., review the plan or notice to determine whether the development or activity which is the subject of the plan or notice will interfere with the extraction of commercial mineral deposits as defined in section 34-1-302, C.R.S. If the state geologist determines that a potential for such interference exists, he or she shall, within twenty-four days after receipt of the plan or notice, notify the appropriate board of county commissioners or governing body of a municipality of the existence of a potential interference.
(4) The state geologist shall administer the provisions of section 25-15-202
(4)(b), C.R.S., requiring the Colorado geological survey to review information on an application and make a recommendation on the geological suitability, or the need for further study, of proposed hazardous waste disposal sites for land disposal of hazardous waste and the provisions of section 25-15-216, C.R.S., requiring the Colorado geological survey to conduct a study of the geological suitability of areas of the state for hazardous waste disposal sites.
(5) Subject to available appropriations, the geological survey may prepare an
annual report describing the status of the mineral industry and describing current influences affecting the growth and viability of the mineral industry in the state, and setting forth recommendations to foster the industry. The geological survey may partner with other agencies or organizations to prepare the annual report.
Source: L. 2012: Entire part added, (HB 12-1355), ch. 247, p. 1192, � 1,
effective June 4. L. 2013: (1)(m) repealed, (HB 13-1057), ch. 1, p. 2, � 3, effective January 31.
Editor's note: This section is similar to � 34-1-103 as it existed in 2012.
C.R.S. § 23-60-1002
23-60-1002. Definitions. As used in this part 10, unless the context otherwise requires:
(1) Board means the state board for community colleges and occupational
education created in section 23-60-104.
(2) Career pathway means a series of connected education and training
strategies and support services that enable individuals to secure industry-relevant skills and certification where applicable, and to obtain employment within an occupational area and to advance to higher levels of future education and employment.
(3) Manufacturing sector means establishments, including existing and
emerging manufacturing sector partnerships, engaged in the mechanical, physical, or chemical transformation of materials, substances, or components into new products. Manufacturing sector includes the employees who plan, manage, and perform the processing of materials into intermediate or final products and related professionals and technical support activities, including production planning and control, maintenance, and manufacturing process engineering.
(4) Manufacturing sector partnership means a collaboration of business
and industry, in partnership with public workforce development, economic development, and education partners, to ensure that workers are prepared to meet the growing demands of the manufacturing industry sector within a geographic area.
(5) Stackable certificates means a sequence of credentials, each of which
is recognized by employers and provides a gateway to employment and matriculation into a technical degree or advanced study in a field.
Source: L. 2013: Entire part added, (HB 13-1165), ch. 305, p. 1618, � 1,
effective August 7.
C.R.S. § 24-1-122
24-1-122. Department of regulatory agencies - creation. (1) There is hereby created a department of regulatory agencies, the head of which shall be the executive director of the department of regulatory agencies, which office is hereby created. The executive director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109.
(1.1) Repealed.
(2) The department of regulatory agencies consists of the following
divisions:
(a) The public utilities commission, created in article 2 of title 40. The public
utilities commission is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies as a division thereof. The director of the commission serves as the division director.
(a.5) The office of the utility consumer advocate and the utility consumers'
board, created in article 6.5 of title 40. The office of the utility consumer advocate is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies as a division of the department. The utility consumers' board is a type 2 entity, as defined in section 24-1-105. The utility consumers' board exercises its powers and performs its duties and functions under the department and is allocated to the office of the utility consumer advocate.
(b) (I) The division of insurance, created in section 10-1-103, the head of which
is the commissioner of insurance. The division of insurance is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies.
(II) The workers' compensation classification appeals board, created in
section 8-55-101 (1). The workers' compensation classification appeals board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division of insurance.
(c) The division of financial services, the head of which is the state
commissioner of financial services. The financial services board, created in section 11-44-101.6, is a type 1 entity, as defined in section 24-1-105. The financial services board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of financial services. The office of state commissioner of financial services and the division of financial services, created in article 44 of title 11, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies.
(d) The division of banking, the head of which is the state bank commissioner.
The banking board, created in article 102 of title 11 is a type 1 entity, as defined in section 24-1-105. The banking board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of banking.
(e) The division of securities, the head of which is the commissioner of
securities. The securities board, created in section 11-51-702.5, is a type 1 entity, as defined in section 24-1-105. The securities board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of securities. The division of securities, and the office of commissioner of securities, created in article 51 of title 11, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies.
(f) Repealed.
(g) The division of professions and occupations, the head of which is the
director of professions and occupations, which office is hereby created. The division of professions and occupations is a type 2 entity, as defined in section 24-1-105.
(h) The Colorado civil rights division, the head of which is the director of the
Colorado civil rights division, and the Colorado civil rights commission. The Colorado civil rights commission, the Colorado civil rights division, and the office of director of the Colorado civil rights division, created in part 3 of article 34 of this title 24, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies.
(i) and (j) Repealed.
(k) (I) The division of real estate, the head of which is the director of the
division, and the real estate commission. The division of real estate and the director of the division, created in part 2 of article 10 of title 12, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies. The real estate commission, created in part 2 of article 10 of title 12, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies.
(II) The division of real estate includes the board of real estate appraisers,
created in part 6 of article 10 of title 12. The board of real estate appraisers is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies. The division of real estate also includes the board of mortgage loan originators, created in section 12-10-703. The board of mortgage loan originators is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies.
(l) The division of conservation, the head of which is the director of the
division, and the conservation easement oversight commission. The division of conservation and the director of the division, created in article 15 of title 12, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies. The conservation easement oversight commission, created in section 12-15-103, is a type 2 entity, as defined in section 24-1-105. The conservation easement oversight commission exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of conservation.
(3) The following boards and agencies in the department of regulatory
agencies are allocated to the division of professions and occupations and are type 1 entities, as defined in section 24-1-105:
(a) Repealed.
(b) State board of accountancy, created by article 100 of title 12;
(c) (Deleted by amendment, L. 2006, p. 742, � 10, effective July 1, 2006.)
(d) to (g) Repealed.
(h) Colorado state board of chiropractic examiners, created by article 215 of
title 12;
(i) and (j) Repealed.
(k) Colorado dental board, created in article 220 of title 12;
(l) Repealed.
(m) (I) Colorado medical board, created by article 240 of title 12;
(II) Colorado podiatry board, created by article 290 of title 12;
(n) and (o) Repealed.
(p) State board of optometry, created by article 275 of title 12;
(q) Passenger tramway safety board, created by article 150 of title 12;
(r) State board of pharmacy, created by part 1 of article 280 of title 12;
(s) and (t) Repealed.
(u) State board of licensure for architects, professional engineers, and
professional land surveyors, created by section 12-120-103;
(v) Colorado state board of psychologist examiners, created by part 3 of
article 245 of title 12;
(w) and (x) Repealed.
(y) State board of veterinary medicine, created by article 315 of title 12;
(z) Board of examiners of nursing home administrators, created by article
265 of title 12;
(aa) State plumbing board, created by article 155 of title 12;
(bb) to (ee) Repealed.
(ff) State electrical board, created by article 115 of title 12;
(gg) State board of nursing, created by article 255 of title 12;
(hh) Repealed.
(ii) State board of social work examiners, created by part 4 of article 245 of
title 12;
(jj) State board of marriage and family therapist examiners, created by part 5
of article 245 of title 12;
(kk) State board of licensed professional counselor examiners, created by
part 6 of article 245 of title 12;
(ll) State board of unlicensed psychotherapists, created by part 7 of article
245 of title 12;
(mm) State board of addiction counselor examiners, created by part 8 of
article 245 of title 12.
(nn) The state physical therapy board, created in part 1 of article 285 of title
12.
(4) The following boards and agencies in the department of regulatory
agencies are allocated to the division of professions and occupations and are type 2 entities, as defined in section 24-1-105:
(a) to (e) Repealed.
(f) The office of combative sports, created in section 12-110-105, and the
Colorado combative sports commission, created in section 12-110-106.
(5) Repealed.
(6) (a) The Colorado prescription drug affordability review board created in
section 10-16-1402 is a type 1 entity, as defined in section 24-1-105. The Colorado prescription drug affordability review board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of insurance.
(b) The Colorado prescription drug affordability advisory council created in
section 10-16-1409 is a type 2 entity, as defined in section 24-1-105. The Colorado prescription drug affordability advisory council exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of insurance.
Source: L. 68: p. 85, � 22. L. 69: p. 838, � 3. C.R.S. 1963: � 3-28-22. L. 70: p.
424, � 13. L. 71: p. 105, � 12. L. 72: p. 143, � 2. L. 73: pp. 935, 1038, 1065, �� 26, 2, 2. L. 74: (3)(ff) added, p. 276, � 1, effective July 1. L. 75: IP(3) amended and (3)(dd) added, p. 443, �� 4, 5, effective April 15; IP(3) amended, (3)(dd) repealed, and (4) added, pp. 542, 543, �� 2, 3, effective July 1; (3)(ee) added, p. 553, � 2, effective July 1; (4) added, p. 487, � 2, effective July 1. L. 76: (3)(g) repealed, p. 400, � 11, effective April 3; (3)(ee) repealed and (4)(d) added, p. 305, �� 40, 41, effective May 20; (3)(f) repealed, p. 416, � 13, effective July 1; (3)(l) repealed, p. 429, � 1, effective July 1, 1977. L. 77: (2)(j) added, p. 718, � 3, effective July 1; (3)(d) repealed, p. 626, � 1, effective July 1; (3)(e) R&RE and (3)(j) repealed, p. 623, �� 2, 4, effective July 1; (3)(i) repealed, p. 633, � 8, effective July 1. L. 78: (2)(b) amended, p. 284, � 2, effective July 1; (2)(i) amended and (3)(x) repealed, pp. 265, 266, �� 62, 63, effective May 23; (3)(bb) amended, p. 315, � 3, effective July 1; (3)(cc) repealed, p. 266, � 64, effective July 1; (3)(ff) added and (4)(a) repealed, pp. 325, 326, �� 15, 17, effective July 1. L. 79: (2)(h) amended, p. 922, � 1, effective July 1; (2)(k) added, p. 567, � 1, effective July 1; (2)(k) added and (3)(w) repealed, �� 7, 9, pp. 571, 572, effective July 1; (2)(j) repealed, p. 553, � 1, effective March 1, 1980. L. 80: (5) added, p. 592, � 2, effective May 1; (3)(m) amended, p. 795, � 51, effective June 5; (3)(o) and (3)(t) repealed, p. 495, � 5, effective July 1; (3)(gg) added, p. 495, � 3, effective July 1. L. 81: (1.1) added, p. 1192, � 2, effective July 1; (3)(hh) added and (4)(c) repealed, p. 825, �� 25, 27, effective July 1. L. 82: (2)(i) repealed, p. 624, � 23, effective April 2. L. 83: (3)(n) repealed, p. 575, � 10, effective April 22; (3)(a) repealed, p. 513, � 4, effective May 16; (4)(e) added, p. 580, � 2, effective July 1; (3)(bb) repealed, p. 2049, � 11, effective October 14. L. 85: (2)(b) amended, p. 382, � 4, effective April 17; (2)(f) amended, p. 553, � 6, effective July 1. L. 86: (4)(d) repealed, p. 447, � 6, effective April 17. L. 88: (2)(d) amended, p. 417, � 7, effective April 11; (3)(v) amended, (3)(ii), (3)(jj), (3)(kk), and (3)(ll) added, and (4)(b) repealed, pp. 567, 569, �� 2, 9, effective July 1; (4)(e) repealed, p. 582, � 3, effective July 1. L. 89: (2)(a) amended, p. 1524, � 1, effective April 12; (2)(c) and (3)(hh) amended, pp. 621, 728, �� 16, 32, effective July 1. L. 90: (2)(k) amended, p. 846, � 3, effective July 1. L. 93: (2)(c) amended , p. 1455, � 19, effective June 6; (2)(f) repealed, p. 1784, � 54, effective June 6; (2)(a.5) added, p. 974, � 2, effective July 1; (2)(f) repealed, p. 1033, � 16, effective July 1; (2)(f) repealed, p. 1237, � 7, effective July 1. L. 94: (3)(hh) repealed, p. 705, � 8, effective April 19; (2)(e) amended, p. 1848, � 16, effective July 1. L. 96: (2)(b) amended, p. 1144, � 3, effective October 1. L. 97: (1.1) repealed, p. 523, � 2, effective July 1. L. 2000: (3)(e) repealed, p. 2025, � 31, effective July 1. L. 2003: (2)(a) amended, p. 1704, � 16, effective May 14; (2)(d) amended, p. 1210, � 20, effective July 1. L. 2004: (3)(u) amended, p. 1310, � 54, effective May 28. L. 2006: (3)(c) and (3)(u) amended, p. 742, � 10, effective July 1. L. 2010: (3)(m)(I) amended, (HB 10-1260), ch. 403, p. 1988, � 81, effective July 1; (2)(k) amended, (HB 10-1141), ch. 280, p. 1299, � 29, effective August 11. L. 2011: (3)(p) amended, (SB 11-094), ch. 129, p. 452, � 32, effective April 22; (3)(ll) amended and (3)(mm) added, (SB 11-187), ch. 285, p. 1328, � 72, effective July 1. L. 2012: (3)(r) amended, (HB 12-1311), ch. 281, p. 1627, � 68, effective July 1. L. 2014: (3)(k) amended, (HB 14-1227), ch. 363, p. 1738, � 46, effective July 1. L. 2016: IP(3) amended, (SB 16-189), ch. 210, p. 765, � 45, effective June 6. L. 2018: (2)(l) added, (HB 18-1291), ch. 273, p. 1693, � 8, effective May 29. L. 2019: (2)(k), (2)(l), (3)(b), (3)(h), (3)(k), (3)(m), (3)(p), (3)(q), (3)(r), (3)(u), (3)(v), (3)(y), (3)(z), (3)(aa), (3)(ff), (3)(gg), and (3)(ii) to (3)(mm) amended, (HB 19-1172), ch. 136, p. 1685, � 124, effective October 1. L. 2020: (3)(ll) amended, (HB 20-1206), ch. 304, p. 1551, � 66, effective July 14. L. 2021: (6) added, (SB 21-175), ch. 240, p. 1276, � 3, effective June 16; IP(2) and (2)(a.5) amended, (SB 21-103), ch. 477, p. 3413, � 10, effective September 1. L. 2022: (2)(a), (2)(a.5), (2)(b), (2)(c), (2)(d), (2)(e), (2)(g), (2)(h), (2)(k), (2)(l), IP(3), IP(4), and (6) amended and (3)(nn) and (4)(f) added, (SB 22-162), ch. 469, p. 3386, � 99, effective August 10.
Editor's note: (1) Section 4 of chapter 131, Session Laws of Colorado 1975,
provides that the act enacting subsection (4) is effective July 1, 1975, but the governor did not approve the act until July 16, 1975.
(2) Section 5 of chapter 142, Session Laws of Colorado 1975, provides that
the act amending the introductory portion to subsection (3), repealing subsection (3)(dd), and enacting subsection (4) is effective July 1, 1975, but the governor did not approve the act until July 25, 1975.
(3) Amendments to subsection (2)(k) by Senate Bill 79-242 and House Bill
79-1231 were harmonized.
(4) Subsection (5)(b) provided for the repeal of subsection (5), effective July
1, 1981. (See L. 80, p. 592.)
Cross references: (1) For the creation of the office of commissioner of
insurance, see � 10-1-104.
(2) For the legislative declaration in SB 21-175, see section 1 of chapter 240,
Session Laws of Colorado 2021.
(3) For the short title (the Debbie Haskins 'Administrative Organization Act
of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 24-1-124
24-1-124. Department of natural resources - creation - divisions. (1) There is hereby created a department of natural resources, the head of which shall be the executive director of the department of natural resources, who shall be the commissioner of mines. The executive director shall be appointed by the governor pursuant to law.
(2) The office of the executive director, created in article 33 of this title 24,
is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources.
(2.1) The department of natural resources includes, as a part of the office of
the executive director:
(a) The office of commissioner of mines, created in section 1 of article XVI of
the state constitution. The office of commissioner of mines is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources.
(b) Repealed.
(c) The Colorado avalanche information center, created pursuant to section
24-33-116. The Colorado avalanche information center is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources.
(3) The department of natural resources consists of the following divisions:
(a) The division of water resources, the head of which is the state engineer,
as described in subsection (4) of this section;
(b) The Colorado water conservation board and the office of director thereof,
created in article 60 of title 37. The Colorado water conservation board and the office of the director are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of natural resources as a division thereof.
(c) (Deleted by amendment, L. 2000, p. 556, � 3, effective July 1, 2000.)
(d) The state board of land commissioners, created in section 9 of article IX
of the state constitution. The state board of land commissioners is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources as a division thereof, subject to the state constitution.
(e) The division of reclamation, mining, and safety, created in section 34-20-103, the head of which is the director of the division of reclamation, mining, and
safety, under the supervision of the executive director of the department of natural resources. The division and director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions as prescribed by law under the department of natural resources and the executive director thereof. The division of reclamation, mining, and safety includes the following:
(I) The coal mine board of examiners, created in article 22 of title 34. The
coal mine board of examiners is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources as a section of the division of reclamation, mining, and safety.
(II) The mined land reclamation board and the office of mined land
reclamation, created in article 32 of title 34. The mined land reclamation board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of reclamation, mining, and safety. The office of mined land reclamation is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of reclamation, mining, and safety as a section thereof.
(III) The office of active and inactive mines, created in article 21 of title 34.
The office of active and inactive mines is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as prescribed by law under the department of natural resources and is allocated to the division of reclamation, mining, and safety as a section thereof.
(IV) (Deleted by amendment, L. 2005, p. 1462, � 1, effective July 1, 2005.)
(V) Repealed.
(f) The energy and carbon management commission created in section 34-60-104.3 (1) and the office of the director of the commission, created in article 60 of
title 34. The commission and the office of the director are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of natural resources as a division of the department.
(g) Repealed.
(h) (I) and (II) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1382, �
3, effective July 1, 2011.)
(III) Repealed.
(i) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1382, � 3,
effective July 1, 2011.)
(j) The division of forestry, created in section 24-33-201 (1), the head of which
is the state forester, appointed pursuant to section 23-31-207. The division of forestry and the state forester are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions as prescribed by law under the department of natural resources and the executive director thereof.
(k) (I) (A) The parks and wildlife commission, created in article 9 of title 33.
The powers, duties, and functions of the parks and wildlife commission include the powers, duties, and functions of the wildlife commission and the board of parks and outdoor recreation. The parks and wildlife commission is a type 1 entity, as defined in section 24-1-105.
(B) The parks and wildlife commission includes, as an advisory council, the
Colorado natural areas council created in article 33 of title 33.
(II) (A) The division of parks and wildlife, the head of which is the director of
the division of parks and wildlife, created in section 33-9-104. The division of parks and wildlife and the office of the director of the division of parks and wildlife are type 1 entities, as defined in section 24-1-105.
(B) The division of parks and wildlife includes the fish health board created in
article 5.5 of title 33. The fish health board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as specified by law under the department of natural resources and the executive director of the department of natural resources.
(4) The division of water resources includes the following:
(a) The office of the state engineer, created in article 80 of title 37. The
office of the state engineer is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of water resources as a section thereof.
(b) The division engineers, created in part 2 of article 92 of title 37. The
division engineers are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of natural resources and are allocated to the division of water resources as a section thereof.
(c) The ground water commission, created in article 90 of title 37. The
ground water commission is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of water resources as a section thereof.
(d) The state board of examiners of water well and ground heat exchanger
contractors created in section 37-91-103. The state board of examiners of water well and ground heat exchanger contractors is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of water resources as a section of the division of water resources.
(e) Repealed.
(5) Repealed.
Source: L. 68: p. 88, � 24. L. 69: pp. 867, 1223, �� 2, 19. C.R.S. 1963: � 3-28-24. L. 72: pp. 321, 493, �� 2, 3, 12. L. 74: (3)(f)(IV) repealed, p. 195, � 1, effective July
-
L. 77: (2.1) and (5) added, (3)(e)(I) and (3)(e)(III) amended, pp. 281, 1130, 1629, �� 31, 32, 1, 2, effective July 1. L. 81: (3)(e)(III) amended, p. 1665, � 17, effective June 30. L. 83: (2.1) amended, p. 1307, � 2, effective May 10. L. 84: (3)(i) and (3)(f) amended, pp. 923, 934, �� 13, 2, effective January 1. L. 87: (4)(d) amended, p. 1581, � 34, effective July 10. L. 88: (3)(i) amended and (5) repealed, p. 1179, � 3, effective March 23; (3)(e)(II) amended, p. 1180, � 4, effective May 3; (3)(e)(I) and (3)(e)(III) amended, p. 1435, � 14, effective June 11; (2.1)(a) amended, p. 1215, �7, effective July 1. L. 91: (4)(e) repealed, p. 884, � 4, effective June 5; (3)(h) amended, p. 200, � 7, effective June 7. L. 92: (2.1), (3)(e), and (3)(g) amended, p. 1917, � 2, effective July 1. L. 94: (3)(h)(III) added, p. 1710, � 7, effective July 1. L. 99: (3)(h)(III) amended, p. 533, � 3, effective May 3; (3)(h)(I) amended, p. 607, � 2, effective January 1, 2000. L. 2000: (3)(c) amended and (3)(j) added, p. 556, � 3, effective July 1. L. 2003: (2.1)(b) RC&RE and (3)(e)(V) repealed, p. 1961, �� 2, 4, effective May 22. L. 2005: (3)(e)(IV) and (3)(g) amended, p. 1462, � 1, effective July 1. L. 2006: (3)(e) amended, p. 212, � 1, effective August 7. L. 2007: (3)(j) amended, p. 549, � 4, effective August 3. L. 2010: (3)(j) amended, (HB 10-1223), ch. 41, p. 164, � 2, effective August 11. L. 2011: IP(3), (3)(h)(I), (3)(h)(II), and (3)(i) amended and (3)(k) added, (SB 11-208), ch. 293, p. 1382, � 3, effective July 1. L. 2012: (3)(g) amended, (HB 12-1355), ch. 247, p. 1196, � 3, effective June 4; (3)(k)(I) amended, (HB 12-1317), ch. 248, p. 1203, � 6, effective June 4. L. 2013: (2.1)(c) added, (HB 13-1057), ch. 1, p. 2, � 5, effective January 31; (2.1)(b) repealed, (HB 13-1300), ch. 316, p. 1681, � 48, effective August 7. L. 2022: (2), IP(2.1), (2.1)(a), (2.1)(c), (3)(a), (3)(b), (3)(d), IP(3)(e), (3)(e)(I), (3)(e)(II), (3)(e)(III), (3)(f), (3)(j), (3)(k), IP(4), (4)(a), (4)(b), (4)(c), and (4)(d) amended, (SB 22-162), ch. 469, p. 3404, � 155, effective August 10. L. 2023: (3)(f) amended, (SB 23-285), ch. 235, p. 1253, � 22, effective July 1. L. 2025: (4)(d) amended, (HB 25-1165), ch. 257, p. 1320, � 29, effective August 6.
Editor's note: (1) Subsection (3)(h)(III)(B) provided for the repeal of subsection (3)(h)(III), effective July 1, 2009. (See L. 1999, p. 533.)
(2) Subsection (3)(g)(II) provided for the repeal of subsection (3)(g), effective January 31, 2013, if the revisor of statutes received notification described in � 23-41-209 (2). The revisor of statutes received said notification on January 25, 2013. (See L. 2012, p. 1196.)
Cross references: (1) For the legislative declaration in the 2011 act amending the introductory portion to subsection (3) and subsections (3)(h)(I), (3)(h)(II), and (3)(i) and adding subsection (3)(k), see section 1 of chapter 293, Session Laws of Colorado 2011.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
(3) For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.
C.R.S. § 24-1-128.7
24-1-128.7. Department of transportation - creation. (1) There is hereby created a department of transportation, the head of which shall be the executive director of the department of transportation.
(2) The transportation commission, created in part 1 of article 1 of title 43, is
a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of transportation.
(3) The department of transportation consists of the following divisions:
(a) The highway maintenance division, the head of which is the director of the
highway maintenance division. The highway maintenance division and the office of the director, created in part 1 of article 1 of title 43, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of transportation.
(b) The aeronautics division, the head of which is the director of the
aeronautics division. The aeronautics division and the office of the director, created in article 10 of title 43, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of transportation. The responsibilities of the department of transportation and the aeronautics division include the powers, duties, and functions of the division of aviation, formerly under the authority of the department of military and veterans affairs.
(c) The transportation development division, the head of which is the director
of the transportation development division. The transportation development division and the office of the director, created in part 1 of article 1 of title 43, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of transportation.
(d) The engineering, design, and construction division, the head of which is
the chief engineer. The engineering, design, and construction division and the office of the chief engineer, created in part 1 of article 1 of title 43, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of transportation.
(e) The transit and rail division created in part 1 of article 1 of title 43, the
head of which is the director of the transit and rail division. The transit and rail division and the office of the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of transportation and the executive director of the department.
(4) The powers, duties, and functions of the department of transportation
include the powers, duties, and functions of the state department of highways, created in section 24-1-126, prior to its repeal in 1991, and the state department of highways is abolished.
(5) The statewide bridge and tunnel enterprise created in section 43-4-805
(2) is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of transportation.
(6) (a) The high-performance transportation enterprise, created in section
43-4-806 (2)(a), is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of transportation.
(b) The powers, duties, and functions of the department of transportation
and the high-performance transportation enterprise include the powers, duties, and functions of the statewide tolling enterprise, created in the transportation commission pursuant to section 43-4-803 (1), prior to the repeal and reenactment of said section by Senate Bill 09-108, enacted in 2009, and the statewide tolling enterprise is abolished.
(7) and (8) Repealed.
(9) The clean transit enterprise, created in section 43-4-1203, is a type 1
entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of transportation.
(10) The nonattainment area air pollution mitigation enterprise, created in
section 43-4-1303, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of transportation.
Source: L. 91: Entire section added, p. 1055, � 6, effective July 1. L. 92: (4)
amended, p. 2176, � 33, effective June 2. L. 2002: (3)(b) amended, p. 358, � 13, effective July 1. L. 2009: (5) and (6) added, (SB 09-108), ch. 5, p. 48, � 2, effective March 2; (3)(e) added, (SB 09-094), ch. 280, p. 1249, � 1, effective May 20. L. 2014: (7) added, (HB 14-1161), ch. 185, p. 690, � 2, effective August 6. L. 2015: IP(3) and (3)(a) amended, (HB 15-1209), ch. 64, p. 173, � 1, effective March 30. L. 2017: (8) added, (SB 17-153), ch. 225, p. 865, � 1, effective July 1. L. 2021: (5) amended and (9) and (10) added, (SB 21-260), ch. 250, p. 1366, � 4, effective June 17; (8)(c) added by revision, (SB 21-238), ch. 401, pp. 2673, 2674, �� 2, 6. L. 2022: (2), (3), (4), (5), (6), (9), and (10) amended, (SB 22-162), ch. 469, p. 3429, � 217, effective August 10.
Editor's note: (1) Subsection (7)(b) provided for the repeal of subsection (7),
effective July 1, 2017. (See L. 2014, p. 690.)
(2) Subsection (8)(c) provided for the repeal of subsection (8), effective May
15, 2022. (See L. 2021, p. 2673.)
Cross references: (1) For the legislative declaration contained in the 2002
act amending subsection (3)(b), see section 1 of chapter 121, Session Laws of Colorado 2002. For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act
of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 24-103-1003
24-103-1003. Disparity study - report. (1) (a) The executive director shall commission a state disparity study regarding the participation of historically underutilized businesses in state contracts entered into by all principal departments of the executive branch of state government as specified in section 24-1-110, including any division, office, agency, or other unit created within a principal department and including institutions of higher education and the Colorado commission on higher education; except that the study shall not include those entities that have elected to be exempt from the code pursuant to section 24-101-105 (1)(b). The study shall include state contracts entered into during the 2014-15, 2015-16, 2016-17, and 2017-18 state fiscal years.
(b) (I) The study must be conducted, and a final report prepared, by an entity
independent of the department that is selected in response to a request for proposal issued in accordance with this code.
(II) The entities subject to the study pursuant to subsection (1)(a) of this
section shall cooperate fully with the independent contractor engaged to conduct the study.
(c) The study and final report setting forth the study's methodologies,
findings, and recommendations must be provided by December 1, 2020, to:
(I) The members of the general assembly; and
(II) The executive director, who shall transmit a copy of the disparity study
final report produced pursuant to this section to the director of the minority business office created in section 24-49.5-102, which shall post the report on that office's official website.
(d) The executive director or the executive director's designee shall include
the findings and recommendations from the final report required by subsection (1)(c) of this section in its report to the applicable house and senate committees of reference required by the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2.
(2) (a) The purposes of the disparity study undertaken pursuant to this
section are:
(I) To determine whether there is a disparity between the number of qualified
historically underutilized businesses that are ready, willing, and able to perform state contracts for goods and services, and the number of such contractors actually engaged to perform such contracts, which information must be ascertained by evaluating the prime contracts and subcontracts awarded in the following industries:
(A) Construction, including new construction, remodeling, renovation,
maintenance, demolition and repair of any public structure or building, pipeline construction, and other public improvements;
(B) Architecture and engineering, including construction management,
landscape architecture, planning, surveying, mapping services, and design, build, and construction services;
(C) Professional services, including legal services, accounting, information
technology services, medical services, technical services, research planning, and consulting services;
(D) Brokerage and investment, including banking, asset management, state
retirement, and pension services; and
(E) Goods and services that may be provided or performed without
professional licensure or special education or training, including, but not limited to, goods and services relating to materials, supplies, equipment, maintenance, personnel, pharmaceuticals, and food;
(II) To determine whether, of the total amount spent on state contracts in a
fiscal year, there is a disparity between the percentage of spending attributable to contracts awarded to qualified historically underutilized businesses and the percentage of state contracts that were awarded to historically underutilized businesses in that fiscal year; and
(III) To determine what changes, if any, should be made to state policies
affecting historically underutilized businesses.
(b) The disparity study must specifically include the following analyses, both
for the historically underutilized businesses as a group and for each subgroup, as set forth in section 24-103-1002 (3)(a)(II):
(I) A prime contractor utilization analysis that presents the distribution of
prime contracts by industry;
(II) A subcontractor utilization analysis that presents the distribution of
subcontracts by the industries described in subsection (2)(a)(I) of this section;
(III) A market area analysis that presents the legal basis for the geographical
market area determination and defines the state's market area;
(IV) A prime contractor and subcontractor availability analysis that presents
the distribution of available businesses in the state's market area;
(V) A prime contractor disparity analysis that presents prime contractor
utilization compared to prime contractor availability by industry and determines whether the comparison is statistically significant;
(VI) A subcontractor disparity analysis that presents subcontractor
utilization compared to subcontractor availability by industry and determines whether the comparison is statistically significant;
(VII) A qualitative analysis that presents the business community's
experiences and perceptions of barriers encountered in contracting or attempting to contract with the state; and
(VIII) Recommendations regarding best management practices and ways to
enhance Colorado's contracting and procurement activities with historically underutilized businesses.
(c) (I) Any conclusion that discrimination-related disparity exists between the
availability and utilization of historically underutilized businesses must be supported by statistical evidence and may be supplemented or supported by anecdotal evidence.
(II) If the analysis supports a finding that such disparity exists, the report
must include recommendations to address the disparity, including any statutory changes likely to cure, mitigate, or redress such disparity. Any proposed remedial measures must be tailored to address documented statistical disparities in procurement policies.
(3) The general assembly may annually appropriate to the department of
personnel such amount as it deems appropriate for the purposes specified in this part 10. Any unexpended and unencumbered money from an appropriation made for the purposes of this part 10 remains available for expenditure by the department for the purposes of this part 10 in the next fiscal year without further appropriation.
Source: L. 2019: Entire part added, (SB 19-135), ch. 379, p. 3415, � 1, effective
July 1.
C.R.S. § 24-103-1103
24-103-1103. Definitions. As used in this part 11, unless the context otherwise requires:
(1) Construction-related professional services means services with
architecture and engineering, surveying, real estate consulting, and related work.
(2) Disparity means an inequality, difference, or gap between an actual
outcome and a reference point or benchmark.
(3) Disparity index means a measure of the relative difference between an
outcome, such as percentage of contract dollars received by a group, and a corresponding benchmark, such as the percentage of contract dollars that might be expected given the relative availability of that group for those contracts. In this example, disparity index is calculated by dividing a numerator of percent utilization by a denominator of percent availability and then multiplying the result by 100. A disparity index of 100 indicates parity or utilization on par with availability. Disparity index figures closer to 0 indicate larger disparities between utilization and availability.
(4) Historically underutilized business means an entity:
(a) That is a business, for-profit corporation, sole proprietorship, partnership,
or joint venture that is more than fifty percent owned by one or more individuals who are:
(I) United States citizens or permanent resident aliens; and
(II) One or more of the following:
(A) Members of a racial or ethnic minority group; except that a business
owned by Asian American persons is a historically underutilized business only with respect to state procurement for other professional services contracts, as that term is defined in the state disparity study;
(B) Non-Hispanic Caucasian women; or
(C) Persons with disabilities; and
(b) For which the minority ownership controls both the management and day-to-day business decisions.
(5) Industry means businesses within one of the following economic
sectors:
(a) Construction;
(b) Construction-related professional services;
(c) Brokerage and investment;
(d) Other professional services; and
(e) Goods and other services.
(6) Minority business office means the minority business office created in
section 24-49.5-102.
(7) Office means the office of economic development created in section
24-48.5-101 (1).
(8) Persons with disabilities means persons who:
(a) Have physical or mental impairments, or both, that substantially limit one
or more major life activities;
(b) Are regarded generally by the community as having a disability; and
(c) Whose disabilities substantially limit their abilities to engage in
competitive business.
(9) Prime contract means a contract between the state and a business.
(10) Prime contractor means a construction business that performs a prime
contract for the state.
(11) Procurement technical assistance center means the entity through
which a procurement technical assistance program is provided.
(12) Procurement technical assistance program has the same meaning as
set forth in section 24-48.5-121 (2)(d).
(13) Professional services means types of work in the service sector
requiring special training. Some professional services such as accounting and law, require holding professional licenses.
(14) Program means the state procurement equity program established in
section 24-103-1104 (1).
(15) Racial or ethnic minority group means individuals who belong to one or
more racial or ethnic groups identified in 49 CFR Section 26.5:
(a) African American persons, including persons having origins in any of the
black racial groups of Africa;
(b) Hispanic American persons, including persons of Mexican, Puerto Rican,
Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;
(c) Asian American persons, including persons whose origins are from Japan,
China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, the United States territories of the Pacific, or the Northern Mariana Islands; or persons whose origins are from subcontinent Asia, including persons whose origins are from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal; or
(d) Native American persons, including persons who are American Indians,
Eskimos, Aleuts, or Hawaiians of Polynesian descent.
(16) Remedial measure means an action designed to address barriers to
full participation of a targeted group.
(17) Small business means a business that qualifies as a small business
pursuant to 13 CFR 121.
(18) Small business development center has the same meaning as set forth
in section 24-48.5-121 (2)(f).
(19) Solicitation assistance means the provision of real-time responses to
questions asked by potential contractors who seek guidance as to how best to respond to solicitations for state contracts, including guidance regarding availability of opportunities, interpretation of solicitation documents, and solicitation response procedures and best practices. Solicitation assistance does not include guidance specific to a particular solicitation for a state contract that could reasonably be expected to provide an unfair advantage to the potential contractor over other potential contractors responding to the solicitation.
(20) State disparity study or study means the study regarding the
participation of historically underutilized businesses in state contracts entered into by all principal departments of state government that was commissioned by the executive director as required by section 24-103-1003.
(21) State disparity study report or report means the 2020 State of
Colorado Disparity Study Final Report published in November 2020.
(22) Subcontractor means any person who is a party to an agreement with
a prime contractor for the purpose of performing a portion of the work that the prime contractor is obliged to perform or have performed under a contract.
(23) Substantial disparity means a disparity where the disparity index is
less than 80, which can indicate evidence of discrimination affecting the outcome.
(24) Utilization means the percentage of total contract dollars of a
particular type of work going to a specific group of businesses.
(25) Women-owned business or WBE means a business that is at least
fifty-one percent owned and controlled by one or more individuals that are non-minority women.
Source: L. 2022: Entire part added, (SB 22-163), ch. 433, p. 3048, � 1,
effective June 8.
C.R.S. § 24-103-1105
24-103-1105. State procurement equity program implementation - stakeholder group - recommendations - report - legislative declaration. (1) The general assembly hereby finds, determines, and declares that:
(a) The state seeks recommendations from state procurement stakeholders,
as convened pursuant to subsection (2) of this section for the implementation of remedial measures, including remedial measures using procurement equity tools, and quantification of the amount of additional funding and personnel required to both implement specific remedial measures and fully implement the program; and
(b) To support the intent of the general assembly in enacting this part 11, the
remediation of disparities in state procurement, through thoughtful, efficient, and effective implementation of the program that takes into account the professional expertise and lived experience of state procurement stakeholders as convened pursuant to subsection (2) of this section, it is necessary, appropriate, and in the best interest of the state to require the department to convene, contract with a facilitator to facilitate discussion among, engage in consultation with, and strongly consider the formal policy recommendations of a stakeholder group that may be comprised, to the extent practicable, of representatives of historically underutilized businesses and small businesses, governmental entities, federal and local organizations that provide procurement technical assistance or outreach to historically underutilized businesses and small businesses, and such other persons with relevant professional experience, including government procurement and government contracting experience as the department deems appropriate.
(2) The department shall convene, contract with a facilitator to facilitate
discussion among, and engage in consultation with a stakeholder group, which, to the extent practicable may consist of:
(a) The following state government employees:
(I) An employee of the department who has extensive experience and
expertise in state procurement;
(II) An employee of the office who has been involved in the office's
administration of or is otherwise knowledgeable about the procurement technical assistance program, the small business COVID-19 grant program created in section 24-48.5-126, or the COVID-19 relief for disproportionately impacted businesses program created in section 24-48.5-127;
(III) An employee of the minority business office; and
(IV) An employee of the department of transportation who has significant
experience and expertise regarding the department of transportation's civil rights programs that establish, administer, and enforce the department of transportation's diversity, equity, and inclusion requirements for engineers, contractors, consultants, local agencies, and transit providers;
(b) An employee of the city and county of Denver's division of small business
opportunity who has significant experience and expertise regarding the programs and operation of the division;
(c) An employee of the procurement technical assistance center;
(d) An owner or high-level employee of each of the following types of
historically underutilized businesses:
(I) A business owned by one or more women;
(II) A business owned by one or more African American persons;
(III) A business owned by one or more Asian American persons;
(IV) A business owned by one or more Hispanic American persons;
(V) A business owned by one or more Native American persons; and
(VI) A business owned by one or more persons with disabilities;
(e) To the extent practicable, an owner or high-level employee of each of the
following types of businesses that are not historically underutilized businesses and that have competed for or been awarded state contracts:
(I) A small business;
(II) A business that is not a small business but that has fewer than five
hundred employees and a demonstrable record of successful engagement and contracting with small businesses;
(III) A business that has more than five hundred employees and a
demonstrable record of successful engagement and contracting with small businesses; and
(IV) With consideration for the volume of construction contracts awarded
annually by the state, a representative of the associated general contractors; and
(f) Any other individuals who have a demonstrable commitment to furthering
equity in government procurement and substantial knowledge of procurement equity best practices who the department deems necessary or appropriate to include in the stakeholder group.
(3) The stakeholder group convened as required by subsection (2) of this
section shall:
(a) Closely examine the findings, conclusions, and recommendations in the
state disparity study report;
(b) Using the information in the state disparity study report as a baseline for
studying procurement equity programs in other states and at the federal and large local government level, identify best practices for successful procurement equity program implementation and administration; and
(c) No later than November 1, 2023, present to the department a report of
specific findings, remedial measures, and recommendations that includes, at a minimum:
(I) Prioritization of the recommendations outlined in the state disparity study
report. The prioritization may include written explanations of recommendations that specify whether recommendations in the report will be implemented and the remedial measures that will be taken to support program implementation in a manner that is sufficiently comprehensive to meet the state's goal of reducing disparities between the availability of historically underutilized businesses and their utilization in state procurement and increasing such utilization.
(II) Confirmation or refutation of the disparity study report finding of no
substantial disparity between available and utilized lesbian, gay, bisexual, and transgender businesses;
(III) Confirmation or refutation of the disparity study report finding of no
substantial disparity between availability and utilization of businesses owned by Asian American persons for construction, construction-related professional services, goods and other services contracts, brokerage, and investment;
(IV) A preliminary estimate of the amount of initial and ongoing funding,
personnel, information technology resources, and other resources needed to implement the policy recommendations and remedial measures in accordance with subsection (3)(b) of this section;
(V) A step-by-step timeline for full implementation of the program;
(VI) Suggested methodologies and metrics for monitoring and evaluating the
success of the program and ensuring program accountability; and
(VII) Identification of any public or private sources of funding or other
resources that may be available to expedite the implementation or ongoing administration of the program and reduce costs to the state.
(4) The department shall report on the progress and policy recommendations
and any suggested remedial measures of the stakeholder group, the preliminary plans, recommendations, and remedial measures that the department has taken regarding the full implementation of the program, and any recommendations that the department has regarding the need for related legislation during its January 2025 annual presentation to legislative oversight committees required by section 2-7-203 (2)(a). In preparation for the presentation, the department shall give strong consideration to the policy recommendations report provided by the stakeholder group as required by subsection (3)(c) of this section.
Source: L. 2022: Entire part added, (SB 22-163), ch. 433, p. 3052, � 1,
effective June 8.
ARTICLE 103.5
Contract Performance
24-103.5-101. Monitoring of vendor performance - definitions. (Repealed)
Source: L. 2007: Entire article added, p. 1238, � 3, effective August 3. L.
2010: (1) and (7)(a) amended, (SB 10-003), ch. 391, p. 1853, � 32, effective June 9. L. 2017: Entire section repealed, (HB 17-1051), ch. 99, p. 354, � 76, effective August 9.
Editor's note: This section was relocated to � 24-106-107 in 2017.
ARTICLE 104
Specifications
PART 1
DEFINITIONS
C.R.S. § 24-103-201
24-103-201. Methods of source selection. (1) Unless otherwise authorized by law, all state contracts shall be awarded as provided in:
(a) Section 24-103-202, concerning awards solicited by an invitation for bids;
(b) Section 24-103-203, concerning awards solicited by a request for
proposals;
(c) Section 24-103-202.3, concerning awards solicited by an invitation for
best value bids;
(d) Section 24-103-204, concerning small purchases;
(e) Section 24-103-205, concerning sole source procurements;
(f) Section 24-103-206, concerning emergency procurements;
(g) Part 14 of article 30 of this title 24, concerning architect, engineer,
landscape architect, and land surveying services;
(h) Section 24-103-208, concerning other procurement methods; or
(i) Part 2 of article 38 of this title 24, concerning public-private initiatives.
Source: L. 81: Entire article added, p. 1266, � 1, effective January 1, 1982. L.
96: (1)(a.5) added, p. 760, � 1, effective July 1. L. 2003: (1)(f) added, p. 1588, � 3, effective May 2. L. 2010: (1)(g) added, (HB 10-1010), ch. 90, p. 309, � 3, effective August 11. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 311, � 14, effective August 9.
C.R.S. § 24-104-207
24-104-207. Specifications prepared by architects and engineers. The requirements of this article regarding the purposes and nonrestrictiveness of specifications shall apply to all specifications unless otherwise provided by law.
Source: L. 81: Entire article added, p. 1272, � 1, effective January 1, 1982.
C.R.S. § 24-106-103
24-106-103. Centralized contract management system - personal services contracts - legislative declaration - definitions. (1) (a) The general assembly hereby finds and declares that by enacting this section the general assembly intends to centralize the location of information about personal services contracts and provide for legislative, executive, and public access to all personal services contracts entered into by any governmental body.
(b) For purposes of this section, governmental body shall have the same
meaning as set forth in section 24-101-301 (18); except that, for purposes of this section, governmental body shall also include elected officials.
(2) This section applies to any personal services contract to which the state
is a party the value of which exceeds one hundred thousand dollars with the exception of any contract to which the state is a party under medicare, the Colorado Medical Assistance Act, articles 4 to 6 of title 25.5, or the Children's Basic Health Plan Act, article 8 of title 25.5.
(3) (a) On or before June 30, 2009, the department shall implement and
maintain a centralized contract management system for the purpose of monitoring all personal services contracts entered into by a governmental body that are subject to the requirements of this section. With respect to each contract entered into by a governmental body, information contained in the system shall include, without limitation, the following:
(I) The governmental body that entered into the personal services contract;
(II) The persons or entities with which the governmental body is contracting;
(III) The purpose of the personal services contract;
(IV) The effective dates, expiration dates, and any renewal periods of the
personal services contract;
(V) The vendor selection method upon which the personal services contract
was awarded, whether competitively procured, awarded on a sole-source basis, or otherwise. Where the contract has been awarded on a sole-source basis, the governmental body shall certify that the governmental body has followed the requirements of subsection (5) of this section.
(VI) The total amount of the personal services contract and any amendments
to the contract;
(VII) Whether any services under the personal services contract, or any
subcontracts to the contract that directly relate to the services provided under the contract, are anticipated to be performed outside the United States or the state as disclosed in the statement of work pursuant to section 24-102-206 and the vendor's justification for obtaining services outside the United States or the state in accordance with the requirements of section 24-102-206; and
(VIII) Upon completion of the personal services contract, the extent as
disclosed by the vendor to which any services under the contract, or any subcontracts to the contract that directly relate to the services provided under the contract, were performed outside the United States or the state.
(b) Each governmental body shall be responsible for gathering relevant
information for inclusion in the centralized contract management system in accordance with the requirements of subsection (3)(a) of this section.
(c) The centralized contract management system required to be maintained
by the department pursuant to subsection (3)(a) of this section shall be a publicly available database of all personal services contracts entered into by any governmental body, accessible from the website maintained by the state. Information concerning contracts contained in the database and accessible on the website shall be searchable by criteria enumerated in subparagraphs (I) to (VIII) of subsection (3)(a) of this section. Information in the database shall be either presented in plain and nontechnical language or by means of key terms that are clearly and easily defined.
(d) Any new personal services contracts subject to the requirements of this
section shall be added to the centralized contract management system maintained by the department pursuant to subsection (3)(a) of this section not more than thirty days after the execution of the contract.
(4) The centralized contract management system required to be maintained
by the department pursuant to subsection (3)(a) of this section shall include information concerning personal services expenditures by the governmental body and types of services. The types of services that may be designated shall include, without limitation, professional technical, nonprofessional support, purchased services, architectural, engineering and construction trades, and professional equipment repair.
(5) Prior to entering into a sole-source personal services contract, the
governmental body shall attempt to identify competing vendors by placing a notice on the state's electronic procurement system for not less than three business days. If the governmental body receives any responses to the notice from qualified and responsible vendors that are able to meet the specifications identified in the notice and that are not otherwise prohibited from bidding on the contract, the sole-source selection method shall not be used.
Source: L. 2017: Entire section added with relocated provisions, (HB 17-1051),
ch. 99, p. 331, � 38, effective August 9. L. 2024: (2) amended, (HB 24-1399), ch. 76, p. 256, � 17, effective July 1, 2025.
Editor's note: This section is similar to former � 24-102-205 as it existed prior
to 2017. For a detailed comparison of this section, see the comparative tables located in the back of the index.
C.R.S. § 24-16-103
24-16-103. Definitions. As used in this article, unless the context otherwise requires:
(1) Agency of government means any state agency, department, division,
board, bureau, commission, institution, or section which is a budgetary unit exercising purchasing authority or discretion.
(2) Contract means any agreement for public works for a fixed or
determinable amount duly awarded after advertisement and competitive bid.
(3) Cost means the total cost of labor, materials, provisions, supplies,
equipment rentals, equipment purchases, insurance, supervision, engineering, clerical and accounting services, the value of the use of equipment, including depreciation, owned by an agency of government, and reasonable estimates of other administrative costs not otherwise directly attributable to the project which may be reasonably apportioned to such project in accordance with generally accepted cost accounting principles and standards.
(4) Generally accepted cost accounting principles and standards means
those accounting principles and standards promulgated by the cost accounting standards board of the American institute of certified public accountants which pertain to contractors engaged in the performance of government contracts.
(5) Project means any public work for which appropriation or expenditure
of funds may be reasonably expected to exceed twenty-five thousand dollars in the aggregate for any fiscal year.
(6) Public work means any construction, alteration, repair, or improvement
of any land, building, structure, facility, road, highway, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety or maintenance programs for the upkeep of public roads, highways, or bridge structures; except that public works does not include routine maintenance that is not definable by a stop or start time or by geographical limits.
(7) Responsible agency of government means the agency of government
which has fiscal accountability for a project.
(8) Responsible official means the person having overall responsibility,
including delegated authority, for keeping the accounting records of the responsible agency of government.
Source: L. 81: Entire article added, p. 1154, � 1, effective July 1.
C.R.S. § 24-30-1102
24-30-1102. Definitions. As used in this part 11, unless the context otherwise requires:
(1) Cost means the direct cost of providing goods or services including, but
not limited to, the total cost of labor and all related benefits, maintenance costs, materials, provisions, supplies, equipment rentals, equipment purchases, insurance, financing, supervision, engineering, clerical and accounting services, the value of the use of equipment, including its depreciation or replacement value, and an equitable share of other administrative costs not otherwise directly attributable to a particular good or service which may be reasonably apportioned to each particular service in accordance with generally accepted accounting principles and standards.
(2) Director or executive director means the executive director of the
department of personnel.
(3) (Deleted by amendment, L. 96, p. 1497, � 8, effective June 1, 1996.)
(4) Services means printing, document management, mail-related services,
microfilm, graphic arts, fleet management, and other similar support functions that are or may be used by the state of Colorado as a practical and economical means of improving administrative production and efficiency.
(5) State agency means this state or any department, board, bureau,
commission, institution, or other agency of the state; except that state agency shall not include any state institution of higher education, the Auraria higher education center, or the state board of stock inspection commissioners, created pursuant to section 35-41-101, C.R.S.
(6) (a) State-owned motor vehicle means all motor vehicles owned by the
state or any agency of the state that shall include all two- and four-wheel drive trucks, all passenger vehicles including cars, vans, station wagons and other similar passenger vehicles, and any other vehicle not described herein that may be designated as a state-owned motor vehicle if a state agency requests such designation; except that state-owned motor vehicle shall not include any vehicle rated at one ton or more that is:
(I) (Deleted by amendment, L. 2010, (SB 10-003), ch. 391, p. 1851, � 29,
effective June 9, 2010.)
(II) A specialized vehicle used for the purposes of construction or
maintenance, and owned, operated, or controlled by the department of transportation.
(b) State-owned motor vehicle shall not include any vehicle donated to a
specific state agency.
Source: L. 77: Entire part added, p. 1178, � 3, effective June 20. L. 91: Entire
section amended, p. 863, � 1, effective April 20. L. 92: (3), (4), (5), and (6) added, p. 999, � 1, effective July 1. L. 96: (2) and (3) amended, p. 1497, � 8, effective June 1. L. 2004: (4) amended, p. 305, � 2, effective August 4. L. 2006: (6) amended, p. 1071, � 1, effective August 7. L. 2007: (6) amended, p. 1260, � 1, effective May 25. L. 2010: (5) amended, (HB 10-1181), ch. 351, p. 1621, � 3, effective June 7; (5) and (6)(a)(I) amended, (SB 10-003), ch. 391, p. 1851, � 29, effective June 9.
Editor's note: (1) Section 5 of chapter 235, Session Laws of Colorado 2006,
provides that the act amending subsection (6) applies to all motor vehicles owned by the executive branch of the state, including its departments, institutions, and agencies before August 7, 2006, and to all motor vehicles purchased by the state, including its departments, institutions, and agencies on or after August 7, 2006.
(2) Amendments to subsection (5) by Senate Bill 10-003 and House Bill 10-1181 were harmonized.
Cross references: For the legislative declaration in the 2010 act amending
subsections (5) and (6)(a)(I), see section 1 of chapter 391, Session Laws of Colorado 2010.
C.R.S. § 24-30-1301
24-30-1301. Definitions. As used in this part 13, unless the context otherwise requires:
(1) (a) Capital asset means:
(I) Real property;
(II) Fixed equipment;
(III) Movable equipment; or
(IV) Instructional or scientific equipment with a cost that exceeds fifty
thousand dollars; except that capital asset does not include instructional or scientific equipment purchased by a state institution of higher education if the institution uses moneys other than those appropriated pursuant to section 24-75-303. Instructional or scientific equipment does not include information technology.
(b) Capital asset does not mean information technology. All information
technology budget requests must be presented as set forth in section 2-3-1704 (11), C.R.S.
(2) Capital construction means:
(a) Acquisition of a capital asset or disposition of real property;
(b) Construction, demolition, remodeling, or renovation of real property
necessitated by changes in the program, to meet standards required by applicable codes, to correct other conditions hazardous to the health and safety of persons which are not covered by codes, to effect conservation of energy resources, to effect cost savings for staffing, operations, or maintenance of the facility, or to improve appearance;
(c) Site improvement or development of real property;
(d) Installation of the fixed or movable equipment necessary for the
operation of new, remodeled, or renovated real property, if the fixed or movable equipment is initially housed in or on the real property upon completion of the new construction, remodeling, or renovation;
(e) Installation of the fixed or movable equipment necessary for the conduct
of programs in or on real property upon completion of the new construction, remodeling, or renovation;
(f) Contracting for the services of architects, engineers, and other
consultants to prepare plans, program documents, life-cycle cost studies, energy analyses, and other studies associated with capital construction and to supervise the construction or execution of such capital construction; or
(g) (Deleted by amendment, L. 2014.)
(3) (a) Capital renewal means a controlled maintenance project of real
property or more than one integrated controlled maintenance project of real property with costs exceeding four million seven hundred thousand dollars in a fiscal year that is more cost effective or better addressed by corrective repairs or replacement to the real property rather than by limited fixed equipment repair, replacement, or smaller individual controlled maintenance projects.
(b) Beginning on January 1, 2029, and on January 1 of every three-year period
thereafter, the department shall adjust the capital renewal cost threshold for inflation in accordance with the percentage change over the preceding three-year period in the United States department of labor bureau of labor statistics producer price index commodity data for final demand - construction for government, or its successor index. The department shall publish the adjusted capital renewal cost threshold on its website.
(4) Controlled maintenance means:
(a) Corrective repairs or replacement, including improvements for health, life
safety, and code requirements, used for existing real property; and
(b) Corrective repairs or replacement, including improvements for health, life
safety, and code requirements, of the fixed equipment necessary for the operation of real property, when such work is not funded in a state agency's or state institution of higher education's operating budget.
(c) Controlled maintenance may include contracting for the services of
architects, engineers, and other consultants to investigate conditions and prepare recommendations for the correction thereof, to prepare plans and specifications, and to supervise the execution of such controlled maintenance projects as provided through an appropriation by the general assembly.
(5) Department means the department of personnel.
(6) Economic life means the projected or anticipated useful life of real
property.
(7) Executive director means the executive director of the department of
personnel.
(8) Facility means a state-owned building or utility. Facility does not
include highways or publicly assisted housing projects as defined in section 24-32-718.
(9) Fixed equipment includes, but is not limited to, mechanical, electrical,
or plumbing components built into real property that are necessary for the operation of the real property.
(10) (Deleted by amendment, L. 2014.)
(11) Initial cost means the required cost necessary to construct or renovate
a facility.
(12) Life-cycle cost means the cost alternatives, over the economic life of a
facility, including its initial cost, replacement costs, and the cost of operation and maintenance of the facility, such as energy and water.
(13) Movable equipment means:
(a) All equipment that is not defined as fixed equipment that is necessary for
the conduct of a program in or on real property;
(b) The rolling stock and fixed stock necessary for running a state-owned
railway; and
(c) Aircraft as defined in section 43-10-102 (1), C.R.S., that is used for state
purposes.
(13.5) Office of the state architect or office means the office of the state
architect created in section 24-30-1302.5.
(14) Principal representative means the governing board of a state agency
or state institution of higher education, or the governing board's designee, or, if there is no governing board, the executive head of a state agency or state institution of higher education, as designated by the governor or the general assembly, or such executive head's designee.
(15) (a) Real property means a facility, state-owned grounds around a
facility, a campus of more than one facility and the grounds around such facilities, state-owned fixtures and improvements on land, and every state-owned estate, interest, privilege, tenement, easement, right-of-way, and other right in land, legal or equitable, but not including leasehold interests.
(b) Real property does not include:
(I) Land or any interest therein acquired by the department of transportation
and used, or intended to be used, for right-of-way purposes;
(II) Land or any interest therein held by the division of parks and wildlife and
the parks and wildlife commission in the department of natural resources; and
(III) Public lands of the state or any interest therein that are subject to the
jurisdiction of the state board of land commissioners.
(16) State means the government of this state, every state agency, and
every state institution of higher education. State does not include a county, municipality, city and county, school district, special district, or any other kind of local government organized pursuant to law.
(17) State agency means any department, commission, council, board,
bureau, committee, office, agency, or other governmental unit of the state.
(18) State institution of higher education means a state institution of higher
education as defined in section 23-18-102 (10), C.R.S., and the Auraria higher education center created in article 70 of title 23, C.R.S.
Source: L. 79: Entire part added, p. 879, � 1, effective July 1. L. 80: (1)(b) and
(1)(c) amended and (2) R&RE, p. 593, �� 1, 2, effective July 1. L. 95: (3) and (6) amended, p. 649, � 54, effective July 1. L. 2007: (7.5) and (15) added and (13) amended, p. 484, � 1, effective September 1. L. 2008: (13)(b)(II) and (13)(b)(III) amended, p. 1307, � 1, effective August 5. L. 2011: (1)(f) amended, (HB 11-1301), ch. 297, p. 1431, � 30, effective August 10. L. 2012: (7) amended, (SB 12-040), ch. 118, p. 403, � 3, effective April 16. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1800, � 3, effective June 6; (1), (2)(g), and (10) amended, (HB 14-1395), ch. 309, p. 1308, � 6, effective June 6. L. 2015: (13.5) added, (SB 15-270), ch. 296, p. 1206, � 1, effective June 5. L. 2024: (3) amended, (HB 24-1422), ch. 137, p. 510, � 1, effective August 7.
Cross references: For the legislative declaration contained in the 1995 act
amending subsections (3) and (6), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-30-1303
24-30-1303. Office of the state architect - responsibilities. (1) The office of the state architect shall:
(a) With the approval of the governor, negotiate and execute leases on
behalf of the state for real property needed for state use and, as provided in section 24-82-102 (2), negotiate and execute leases of real property not presently needed for state use;
(a.5) Notwithstanding section 24-30-1301 (15)(a), with the approval of the
governor, negotiate and execute leases on behalf of the state for privately owned property, including land, office space, buildings, and special use interests;
(b) With the approval of the governor, negotiate and approve easements and
rights-of-way across nonstate land on behalf of the state and, as provided in section 24-82-202, negotiate and approve easements and rights-of-way across land owned by or under the control of the state;
(c) Repealed.
(d) Supervise and be responsible for the expenditure of funds appropriated
by the general assembly for capital construction, capital renewal, and controlled maintenance projects for state agencies and state institutions of higher education;
(e) Maintain a current record of balances by project in the capital
construction and controlled maintenance funds;
(f) Cause to be developed and enforced methods of internal control, on
standardized basis within individual state agencies, that will assure compliance with appropriations provisions and executive orders;
(g) Repealed.
(h) Develop, or cause to be developed, with the approval of the governor,
specific standards relating to office space, to architectural, structural, mechanical, and electrical systems in such office space, and to energy conservation in such office space, except in higher education as provided in section 23-1-106, C.R.S., which shall be the basis for approving facilities master plans, facility program plans, schematic designs, design development phases, and construction documents relating to the lease, acquisition, or construction of office space; except that such standards shall be approved by the president of the senate and the speaker of the house of representatives when they concern space, systems, or energy conservation in that portion of the capitol buildings group which is under the jurisdiction of the general assembly;
(i) Develop a construction procedures manual for real property, with the
approval of the governor;
(j) Develop, or cause to be developed, standards of inspection, with the
approval of the governor, which shall be the basis of all inspections and be responsible for assuring the uniform inspection of construction projects by the state agencies, utilizing such resources as may be locally available, in conjunction with the architect, engineer, or consultant;
(k) Coordinate initiation of budget requests for those capital construction or
capital renewal projects for which the executive director shall be designated as principal representative by the governor;
(k.5) Coordinate initiation of budget requests for controlled maintenance
projects and make recommendations concerning such requests to the capital development committee and to the office of state planning and budgeting. In the event that a controlled maintenance request exceeds approximately five hundred thousand dollars, the executive director may require the department making the request to prepare a feasibility study or program plan for the request. The executive director may establish guidelines or criteria for such feasibility study or program plan.
(l) and (m) Repealed.
(n) (I) (Deleted by amendment, L. 94, p. 567, � 20, effective April 6, 1994.)
(II) Develop, or cause to be developed, methods of control on a standardized
basis for all state agencies and state institutions of higher education to ensure conformity of physical planning with approved building codes and of construction with approved physical planning.
(o) (Deleted by amendment, L. 94, p. 567, � 20, effective April 6, 1994.)
(p) Develop and maintain, or cause to be developed and maintained, at state
agencies and state institutions of higher education approved lists of qualified architects, industrial hygienists, engineers, landscape architects, land surveyors, and consultants from which the principal representative shall make a selection, including therein such information as may be required by part 14 of this article;
(q) Develop and maintain, or cause to be developed and maintained, at state
agencies and state institutions of higher education approved lists of qualified contractors to bid on construction projects and promulgate rules and regulations as may be necessary for contractor prequalification processes for bidding on construction projects;
(r) Promulgate rules for independent third-party review of facility program
plans, schematic design, design development, and construction documents to assure compliance with appropriate building codes, approved construction standards, and the appropriation and to assure the review of cost estimates prior to authorization of the calling of bids for compliance with the appropriation. In the event the executive director or his designee, after such review, finds that facility program plans, schematic design, design development, or construction documents do not comply with approved construction standards and the appropriation or that cost estimates do not comply with the appropriation, he shall immediately notify the principal representative in writing of his findings and make appropriate recommendations. Upon receipt of such notice, the principal representative shall take action as necessary to implement the recommendations and bring the project into compliance, continuing or modifying plans, designs, construction documents, or cost estimates as the case may be.
(s) (I) Promulgate rules and regulations for the administration of the bid
procedure and acceptable methods for determining the lowest responsible bidder;
(II) In cooperation with the project architect, engineer, or consultant, be
responsible for the administration of the bid procedure for state agencies and state institutions of higher education without staff capability and perform such additional functions as the office may determine;
(III) When directly responsible for the bid procedure, recommend the lowest
responsible bid to the principal representative, after consultation with the project architect, engineer, or consultant;
(IV) Promulgate, with the assistance of the attorney general and the state
controller, standardized contract language for agreements between architects, engineers, or consultants and state agencies or state institutions of higher education and language for construction contracts between contractors or construction managers and state agencies or state institutions of higher education;
(V) Review and approve modifications to such standard contract language;
(s.5) Work with the office of state planning and budgeting, the Colorado
commission on higher education, the department of higher education, and a representative from a state institution of higher education to develop and establish criteria for recommending capital construction projects;
(t) (I) Make recommendations on capital construction and capital renewal
project requests made by each state agency after the requests have been reviewed by the office as specified in section 24-30-1311, and submit recommendations for the same to the office of state planning and budgeting in a timely manner so that the office of state planning and budgeting can meet the deadlines set forth in section 24-37-304 (1)(c.3). The state architect may not recommend capital construction project requests if such projects are not included in the state agency's facility program plan that is approved as required in section 24-30-1311, unless the state architect determines that there exists a sound reason why the requested project is not included in the facility program plan.
(II) Be responsible for the preparation of the state's controlled maintenance
budget request and submit recommendations for the same to the office of state planning and budgeting and the capital development committee;
(u) and (v) Repealed.
(w) Develop and maintain, or cause to be developed and maintained, life-cycle cost analysis methods for real property and, prior to beginning construction,
assure that such methods are reviewed by an independent third party to ensure compliance with sections 24-30-1304 and 24-30-1305. The office shall review and approve specific exceptions to systems selected for construction, which systems are not found to be the best choice on a life-cycle basis.
(x) and (y) Repealed.
(z) Establish minimum building codes, with the approval of the governor and
the general assembly after the recommendations and review of the capital development committee, for all construction by state agencies and state institutions of higher education on real property or state lease-purchased buildings. At the discretion of the office, said codes may apply to state-leased buildings where local building codes may not exist.
(aa) Repealed.
(bb) Develop and maintain a list of the information required to be included in
facility management plans and updates submitted pursuant to section 24-30-1303.5 (3.5);
(cc) Develop procedures for the submission of facility management plans
and updates pursuant to section 24-30-1303.5 (3.5); and
(dd) Review facility management plans and updates submitted pursuant to
section 24-30-1303.5 (3.5) and submit a report regarding such plans and updates to the office of state planning and budgeting and the capital development committee.
(ee) (Deleted by amendment, L. 2009, (SB 09-292), ch. 369, p. 1967, � 75,
effective August 5, 2009.)
(ff) (I) (A) On or before January 1, 2025, adopt and enforce an energy code
that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5). This energy code must apply to all construction by state agencies on state-owned properties or facilities or on properties or facilities that are leased by the state under a financed purchase of an asset or certificate of participation agreement.
(B) On or before January 1, 2030, adopt and enforce an energy code that
achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6). This energy code must apply to all construction by state agencies on state-owned properties or facilities or on properties or facilities that are leased by the state under a financed purchase of an asset or certificate of participation agreement.
(II) Notwithstanding any other provision of this subsection (1)(ff), the office of
the state architect may make any amendments to an energy code that the office of the state architect deems appropriate, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.
(III) Nothing in this subsection (1)(ff) restricts the ability of an investor-owned
utility with approval from the public utilities commission to:
(A) Provide incentives or other energy efficiency program services to help
the office of the state architect or builders comply with the requirements of this subsection (1)(ff); or
(B) Earn shareholder incentives and claim credits toward its regulatory
requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the office of the state architect or builders comply with the requirements of this subsection (1)(ff).
(IV) A utility not subject to regulation by the public utilities commission may
provide incentives or other energy efficiency program services as they so choose to assist the office of the state architect or any builders in complying with the requirements of this subsection (1)(ff).
(V) (A) A utility shall be allowed to count mass-based emissions reductions
associated with the requirements of this subsection (1)(ff) towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.
(B) A utility subject to regulation by the public utilities commission shall not
be allowed to count energy savings or greenhouse gas emissions reductions achieved through the requirements of this subsection (1)(ff) for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.
(2) The provisions of subsection (1) of this section shall not apply to lands
under the jurisdiction of the state board of land commissioners or to leases of land held by the division of parks and wildlife.
(3) (a) All real property, except public roads and highways, projects under
the supervision of the division of parks and wildlife, and real property under the supervision of the judicial department, erected for state purposes shall be constructed in conformity with a construction procedures manual for real property prepared by the office and approved by the governor. Such construction shall be made only upon plans, designs, and construction documents that comply with approved state standards and rules promulgated pursuant to this section.
(b) Projects under the supervision of the division of parks and wildlife that
are excluded from paragraph (a) of this subsection (3), shall:
(I) Maintain a current record of balances by capital project, including but not
limited to:
(A) Planned budgets, actual expenditures, and additions or deletions to and
components of projects; and
(B) Items categorized for professional services, construction or
improvement, contingencies, and moveable equipment.
(II) Notwithstanding section 24-1-136 (11)(a)(I), report the current record of
balances by capital project on or before September 15, 2001, not less than one time annually on or before each September 15 thereafter to the office of state planning and budgeting, the joint budget committee, and the capital development committee.
(c) (I) All real property under the supervision of the judicial department
erected for state purposes shall be constructed in conformity with a construction procedures manual for real property based on acceptable industry standards. Such construction shall be made only upon plans, designs, and construction documents that comply with approved state standards.
(II) The judicial department is authorized to hire private construction
managers to supervise their capital construction, controlled maintenance, or capital renewal projects. The cost of such construction managers shall be paid for from moneys appropriated for the specific capital construction, controlled maintenance, or capital renewal project.
(III) The judicial department is authorized to perform the responsibilities and
functions described in paragraph (a) of subsection (1) of this section for any real property under the supervision of the judicial department.
(4) When the principal representative is a legislative agency, the principal
representative may request, and the office shall provide to the principal representative within five working days of such request, a progress report of the office's actions undertaken as of the date of the request towards completion of any of the office's duties set forth in subsection (1) of this section.
(5) (a) The office may delegate to state agencies or state institutions of
higher education any or all of the responsibilities and functions outlined in this part 13 and the office's responsibilities and functions under part 14 of this article, pursuant to rules and regulations promulgated by the department, when the state agency or state institution of higher education has the professional or technical capability on staff to perform such functions competently.
(b) The office may authorize state agencies or state institutions of higher
education to hire private construction managers to supervise the capital construction, controlled maintenance, or capital renewal projects. The cost of such construction manager shall be paid from moneys appropriated for the specific capital construction, controlled maintenance, or capital renewal projects. This paragraph (b) does not apply to projects under the supervision of the department of transportation.
(c) If the state architect determines that the governing board of a state
institution of higher education has adopted procedures that adequately meet the safeguards set forth in the requirements of part 14 of this article and article 92 of this title, the state architect may exempt the institution from any of the procedural requirements of part 14 of this article and article 92 of this title in regard to a capital construction project to be constructed pursuant to the provisions of section 23-1-106 (9), C.R.S.; except that the selection of any contractor to perform professional services as defined in section 24-30-1402 (6) must be made in accordance with the criteria set forth in section 24-30-1403 (2).
(d) Upon application by any state agency or state institution of higher
education that demonstrates internal expertise related to the leasing and acquisition of commercial real property, the office may delegate an individual employed by the state agency or state institution of higher education to act on behalf of the office in the performance of the responsibilities and functions described in paragraph (a) of subsection (1) of this section. The delegation authorized pursuant to this paragraph (d) may include, with the consent of the office, the authority to waive the use of the office-approved real estate lease form or real estate lease amendment form.
(6) Nothing in this article is intended to diminish the authority granted to the
judicial department or the state court administrator in Senate Bill 08-206.
(7) By June 30, 2025, the office of the state architect shall develop, in
coordination with the Colorado water conservation board in the department of natural resources, a floodplain management program for development, as defined in 44 CFR 59.1, on state-owned land located in counties or municipalities that do not participate in the federal emergency management agency's national flood insurance program or an equivalent program. The purpose of the floodplain management program is to ensure that all development, as defined in 44 CFR 59.1, on state-owned land located in such counties and municipalities is in compliance with the minimum floodplain management criteria required by the national flood insurance program, as well as the Colorado water conservation board's rules and regulations for regulatory floodplains in Colorado. At the discretion of the office of the state architect, the floodplain management program may also apply to state-leased properties located in counties or municipalities that do not participate in the federal emergency management agency's national flood insurance program or an equivalent program.
Source: L. 79: Entire part added, pp. 881, 894, �� 1, 2, effective July 1. L. 83:
(4) amended, p. 893 � 1, effective March 22; (1)(c) repealed, p. 896, � 3, effective June 1. L. 89: (5) added, p. 1026, � 1, effective April 27; (1)(k.5) added, p. 1028, � 1, effective June 1. L. 90: (1)(f), (1)(j), (1)(l), (1)(n) to (1)(r), (1)(w), (3), and (5) amended, (1)(g), (1)(m), (1)(u), (1)(x), and (1)(y) repealed, (1)(s) and (1)(t) R&RE, and (1)(z) added, pp. 1185, 1191, 1187, 1188, �� 1, 8, 2, 3, effective April 18. L. 91: (5)(b) amended, p. 1058, � 16, effective July 1. L. 93: (1)(v) amended and (1)(aa) added, pp. 1654, 917, �� 57, 2, effective July 1. L. 94: (1)(h), (1)(n), and (1)(o) amended, p. 567, � 20, effective April 6. L. 96: (1)(k.5) amended, p. 1519, � 57, effective June 1. L. 97: (1)(p) amended, p. 108, � 1, effective March 24. L. 2001: (3) amended, p. 227, � 1, effective March 28. L. 2003: (1)(v) repealed, p. 1421, � 2, effective April 29; (1)(ee) added, p. 2502, � 3, effective June 5; (1)(bb), (1)(cc), and (1)(dd) added, p. 962, � 2, effective July 1. L. 2007: (1)(k.5) amended, p. 868, � 2, effective May 14. L. 2009: (1)(cc), (1)(dd), and (1)(ee) amended, (SB 09-292), ch. 369, p. 1967, � 75, effective August 5; (5)(c) added, (SB 09-290), ch. 374, p. 2040, � 4, effective August 5. L. 2010: (5)(d) added, (HB 10-1181), ch. 351, p. 1622, � 7, effective June 7. L. 2014: (1)(a), (1)(b), (1)(d), (1)(i), (1)(k), (1)(l), (1)(n)(II), (1)(p), (1)(q), (1)(s)(II), (1)(s)(IV), (1)(t)(I), (1)(w), (1)(z), (3)(a), and (5) amended and (3)(c) and (6) added, (HB 14-1387), ch. 378, p. 1805, � 4, effective June 6. L. 2015: IP(1), (1)(s)(II), (1)(t)(I), (1)(w), (1)(z), (3)(a), (4), and (5) amended, (1)(l) repealed, and (1)(s.5) added, (SB 15-270), ch. 296, p. 1207, � 3, effective June 5. L. 2016: (5)(c) amended, (SB 16-204), ch. 222, p. 852, � 4, effective June 6. L. 2017: (3)(b)(II) amended, (HB 17-1257), ch. 254, p. 1063, � 1, effective August 9. L. 2021: (1)(a.5) added, (HB 21-1126), ch. 36, p. 141, � 1, effective April 15. L. 2022: (1)(ff) added, (HB 22-1362), ch. 301, p. 2179, � 4, effective June 2. L. 2024: (7) added, (SB 24-179), ch. 449, p. 3128, � 1, effective August 7.
Editor's note: Subsection (1)(aa) provided for the repeal of subsection (1)(aa),
effective January 1, 1996. (See L. 93, p. 917.)
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-30-1305
24-30-1305. Life-cycle cost - application - definitions. (1) The general assembly authorizes and directs that state agencies and state institutions of higher education shall employ design and construction methods for real property under their jurisdiction, in such a manner as to further the policy declared in section 24-30-1304, insuring that life-cycle cost analyses and energy conservation practices are employed in new or renovated real property.
(2) The life-cycle cost analysis must include but not be limited to such
elements as:
(a) The coordination, orientation, and positioning of the facility on its physical
site;
(b) The amount and type of fenestration employed in the facility;
(c) Thermal performance and efficiency characteristics of materials
incorporated into the facility design;
(d) The variable occupancy and operating conditions of the facility, including
illumination levels; and
(e) Architectural features which affect energy consumption.
(f) (Deleted by amendment, L. 2014.)
(3) The life-cycle cost analysis performed for real property with a facility of
twenty thousand or more gross square feet with significant energy demands must provide but not be limited to the following information:
(a) The initial estimated cost of each energy-consuming system being
compared and evaluated;
(b) The estimated annual operating cost of all utility requirements, including
consideration of possible escalating costs of energy. The office may rely on any national or locally appropriate fuel escalating methodology approved by the office of the state architect in performing life-cycle cost analyses.
(c) The estimated annual cost of maintaining each energy-consuming
system;
(d) The average estimated replacement cost for each system expressed in
annual terms for the economic life of the facility;
(e) The use of biofuel to provide supplemental or exclusive heating, power, or
both for the facility. For a renovation of such a facility, the cost analysis regarding the use of biofuel must consider any stranded utility costs; and
(f) An energy consumption analysis of such real property's heating,
ventilating, and air conditioning system, lighting system, and all other energy-consuming systems. The energy consumption analysis of the operation of energy-consuming systems in the real property should include but not be limited to:
(I) The comparison of two or more system alternatives;
(II) The simulation or engineering evaluation of each system over the entire
range of operation of the real property for a year's operating period; and
(III) The engineering evaluation of the energy consumption of component
equipment in each system considering the operation of such components at other than full or rated outputs.
(4) The life-cycle cost analysis shall be certified by a licensed architect or
professional engineer, or by both architect and engineer, particularly qualified by training and experience for the type of work involved.
(5) In order to protect the integrity of historic buildings, no provision of
section 24-30-1304 or this section should be interpreted to require such analysis with respect to any real property eligible for, nominated to, or entered in the national register of historic places, designated by statute, or included in an established list of places compiled by the state historical society.
(6) Selection of the optimum system or combination of systems to be
incorporated into the design of real property must be based on the life-cycle cost analysis over the economic life of the real property, unless a request for an alternative system is made and approved by the office prior to beginning construction.
(7) The principal representatives of all state agencies and state institutions
of higher education are responsible for implementing the provisions of this section and the policy established in section 24-30-1304.
(8) The provisions of section 24-30-1304 and this section shall not apply to
municipalities or counties nor to any agency or department of any municipality or county.
(9) Repealed.
(10) As used in this section, unless the context otherwise requires:
(a) Biofuel means nontoxic plant matter consisting of agricultural or
silvicultural crops or their byproducts, urban wood waste, mill residue, slash, or brush.
(b) Energy consumption analysis means the evaluation of all energy-consuming systems and components by demand and type of energy, including the
internal energy load imposed on real property by its occupants, equipment, and components and the external energy load imposed on the real property by climatic conditions.
Source: L. 79: Entire part added, p. 884, � 1, effective July 1. L. 2004: (4)
amended, p. 1311, � 55, effective May 28. L. 2006: (3)(e) added, p. 158, � 1, effective March 31. L. 2007: (9) added, p. 485, � 2, effective September 1. L. 2008: (3)(b) amended, p. 1307, � 2, effective August 5. L. 2013: (9)(b) amended and (9)(c)(IV) repealed, (SB 13-028), ch. 66, p. 218, � 2, effective March 22. L. 2014: (1), (2), (3), (5), (6), and (7) amended, (9) repealed, and (10) added, (HB 14-1387), ch. 378, pp. 1813, 1855, �� 8, 71, effective June 6. L. 2015: (3)(b) and (6) amended, (SB 15-270), ch. 296, p. 1211, � 5, effective June 5.
Cross references: For the legislative declaration in the 2013 act amending
subsection (9)(b) and repealing subsection (9)(c)(IV), see section 1 of chapter 66, Session Laws of Colorado 2013. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-30-1401
24-30-1401. Legislative declaration. The purpose of this part 14 is to provide managerial control by the state over competitive negotiations for the acquisition of the professional services provided by architects, industrial hygienists, engineers, landscape architects, and land surveyors. It is hereby declared to be the policy of this state to publicly announce requirements for such professional services, to encourage all qualified persons to put themselves in a position to be considered for a contract, and to negotiate contracts for such professional services on the basis of demonstrated competence and qualification for the types of professional services required and on the basis of the furnishing of such professional services at fair and reasonable fees.
Source: L. 79: Entire part added, p. 890, � 1, effective July 1. L. 97: Entire
section amended, p. 108, � 2, effective March 24.
C.R.S. § 24-30-1402
24-30-1402. Definitions. As used in this part 14, unless the context otherwise requires:
(1) Certified industrial hygienist means an individual that is certified by the
American board of industrial hygiene or its successor.
(1.5) Continuing contract means a contract for professional services
entered into pursuant to this part 14 between a state agency or state institution of higher education and a person, whereby the person provides professional services to the state agency or state institution of higher education for work of a specified nature as outlined in the contract required by the state agency or state institution of higher education with no specific time limitation. Any such contract shall provide a termination clause.
(2) Department means the department of personnel.
(2.2) Industrial hygienist means an individual who has obtained a
baccalaureate or graduate degree in industrial hygiene, biology, chemistry, engineering, physics, or a closely related physical or biological science from an accredited college or university. The special studies and training of such individual shall be sufficient in the cognate sciences to provide the ability and competency to:
(a) Anticipate and recognize the environmental factors and stresses
associated with work and work operations and to understand their effects on individuals and their well-being;
(b) Evaluate on the basis of training and experience and with the aid of
quantitative measurement techniques the magnitude of such environmental factors and stresses in terms of their ability to impair human health and well-being;
(c) (I) Prescribe methods to prevent, eliminate, control, or reduce such
factors and stresses and their effects.
(II) Any individual who has practiced within the scope of the meaning of
industrial hygiene for a period of not less than five years immediately prior to July 1, 1997, is exempt from the degree requirements set forth in this subsection (2.2).
(III) Any individual who has a two-year associate of applied science degree in
environmental science from an accredited college or university and in addition not less than four years practice immediately prior to July 1, 1997, within the scope of the meaning of industrial hygiene is exempt from the degree requirements set forth in this subsection (2.2).
(3) Person means an individual, a corporation, a limited liability company, a
partnership, a business trust, an association, a firm, or any other legal entity.
(3.5) Practice of industrial hygiene means the performance of professional
services, including but not limited to consulting, investigating, sampling, or testing in connection with the anticipation, recognition, evaluation, and control of those environmental factors or stresses arising in or from the workplace that may cause sickness, impaired health, or significant discomfort to workers or the public. Practice of industrial hygiene includes but is not limited to the identification, sampling, and testing of chemical, physical, biological, and ergonomic stresses and the development of physical, administrative, personal protective equipment, and training methods to prevent, eliminate, control, or reduce such factors and stresses and their effects. The term does not include the practice of architecture, as defined in section 12-120-402 (5), or the practice of engineering, as defined in section 12-120-202 (6).
(4) Practice of landscape architecture means the performance of
professional services such as consultation, investigation, reconnaissance, research, planning, design, or responsible supervision in connection with the development of land areas or land use, where and to the extent that the dominant purpose of any such service is the preservation and development of existing and proposed land features, ground surface, planting, naturalistic features, and esthetic values. Practice of landscape architecture includes the design, location, and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined in this subsection (4), but the term does not include the making of land surveys or final engineered plats for official recording, integration of design of structures of earth, or other construction materials.
(5) Principal representative means the governing board of a state agency
or state institution of higher education or, if there is no governing board, the executive head of a state agency or state institution of higher education, as designated by the governor or the general assembly.
(6) Professional services means those services within the scope of the
following:
(a) The practice of architecture, as defined in section 12-120-402 (5);
(b) The practice of engineering, as defined in section 12-120-202 (6);
(c) The practice of professional land surveying, as defined in section 12-120-302 (5);
(d) The practice of landscape architecture, as defined in subsection (4) of
this section;
(e) The practice of industrial hygiene, as defined in subsection (3.5) of this
section.
(7) State agency has the same meaning as set forth in section 24-30-1301
(17).
(8) State institution of higher education has the same meaning as set forth
in section 24-30-1301 (18).
Source: L. 79: Entire part added, p. 890, � 1, effective July 1. L. 85: (6)(b)
amended, p. 484, � 3, effective May 24. L. 90: (3) amended, p. 447, � 11, effective April 18. L. 95: (2) amended, p. 650, � 57, effective July 1. L. 97: Entire section amended, p. 109, � 3, effective March 24. L. 2006: (3.5) and (6)(a) amended, p. 762, � 21, effective July 1. L. 2014: (1.5), (5), and (7) amended and (8) added, (HB 14-1387), ch. 378, p. 1838, � 37, effective June 6. L. 2019: (3.5), (6)(a), (6)(b), and (6)(c) amended, (HB 19-1172), ch. 136, p. 1687, � 126, effective October 1.
Editor's note: Subsection (2.2) was originally enacted as (1.2) by Senate Bill
97-119 but has been renumbered on revision in 2001 for ease of location.
Cross references: For the legislative declaration contained in the 1995 act
amending subsection (2), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-30-1404
24-30-1404. Contracts - definition. (1) The principal representative shall negotiate a contract with the highest qualified person providing professional services for such services at compensation which the principal representative determines in writing to be fair and reasonable. In making such decision, the principal representative shall take into account the estimated value of the services to be rendered and the scope, complexity, and professional nature thereof. For all lump-sum or cost-plus-a-fixed-fee professional service contracts, the principal representative shall require the firm receiving the award to execute a certificate stating that wage rates and other factual unit costs supporting the compensation to be paid by the state agency or state institution of higher education for the professional services are accurate, complete, and current at the time of contracting. Any professional service contract under which such a certificate is required shall contain a provision that the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the principal representative determines the contract price had been increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of the contract.
(2) If the principal representative is unable to negotiate a satisfactory
contract with the person considered to be the most qualified at a price the principal representative determines to be fair and reasonable, negotiations with that person shall be formally terminated. The principal representative shall then undertake negotiations with the second most qualified person. If the principal representative fails to negotiate a contract with the second most qualified person, the principal representative shall formally terminate such negotiations. The principal representative shall then undertake negotiations with the third most qualified person.
(3) Upon completion of negotiations with the third most qualified person, the
principal representative shall be allowed to enter into renegotiations with any or all of the three most qualified persons to arrive at a satisfactory contractual arrangement, if possible. The principal representative shall have the authority to reject all bids and restructure or redesign the proposed project.
(4) Each contract for professional services entered into by the principal
representative shall contain a prohibition against contingent fees as follows: The architect, or professional land surveyor, or professional engineer, or landscape architect, as applicable, warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this contract and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for him, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or the making of this contract.
(5) Upon any violation of this section, the principal representative shall have
the right to terminate the contract without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, or consideration.
(6) Nothing in this part 14 shall be construed to prohibit continuing contracts
between state agencies or state institutions of higher education and persons providing professional services. All selections, contracts, and negotiations undertaken pursuant to this part 14 and all processes and procedures in connection with such matters shall be in conformity with this part 14.
(7) (a) Except as provided in subsections (7)(b), (7)(c), (7)(e), and (7)(f) of this
section, any professional services contract entered into pursuant to this part 14 must be executed and encumbered within six months after the date on which the appropriation that includes the project for which the professional services are required becomes law or on or before November 1 of the state fiscal year for which the appropriation that includes the project for which the professional services are required is authorized, whichever is later. If no professional services contract is required for a particular project, the contract with the contractor for the project must be entered into within six months after the appropriation or on or before November 1 of the state fiscal year for which the appropriation is authorized, whichever is later. If a state agency or state institution of higher education determines that the nature of a particular project is such that the deadlines imposed by this section cannot be met, the state agency or state institution of higher education may request the capital development committee to recommend to the controller that the deadline be extended for that project; except that for fee title acquisitions by the division of parks and wildlife in the department of natural resources, the deadline may be waived. The controller, in consultation with the capital development committee, may grant an extension of the deadlines or a waiver, if applicable. An extension that is recommended or granted pursuant to this subsection (7)(a) shall not exceed six months.
(b) (I) This subsection (7) does not affect any priority established pursuant to
section 44-40-111 (11) in the general appropriation act for expenditures for projects to be financed from net lottery proceeds appropriated for capital construction.
(II) For projects funded with net lottery proceeds, any professional services
contract must be executed and encumbered and any contract with the contractor must be entered into within six months of when an agency receives a distribution from such proceeds for a particular project.
(c) This subsection (7) does not apply to:
(I) Maintenance, repair, and improvement projects included in the capital
construction section of the general appropriation act or in any supplemental appropriation act for the division of parks and wildlife in the department of natural resources;
(II) The acquisition of any easement by the division of parks and wildlife in
the department of natural resources;
(III) Grants for off-highway vehicle trail purposes made pursuant to section
33-14.5-106, C.R.S.;
(IV) Projects included in the capital construction section of the general
appropriation act for the hazardous materials and waste management division in the department of public health and environment, or in any supplemental appropriation act, which projects are listed as remediation pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. sec. 9601 et seq., as amended, brownfields redevelopment, or natural resource damage repair, replacement, or restoration.
(V) Projects under the supervision of the department of transportation;
(VI) A capital construction project at a state institution of higher education
that is to be constructed solely with cash funds held by the institution, federal funds made available for the project, or a combination of both;
(VII) The state board of land commissioners, established in article 1 of title
36, in connection with contract expenditures from the state board of land commissioners investment and development fund created in section 36-1-153, or the commercial real property operating fund created in section 36-1-153.7; or
(VIII) Information technology projects that are overseen by the joint
technology committee pursuant to part 17 of article 3 of title 2. As used in this subsection (7)(c)(VIII), information technology has the same meaning as set forth in section 2-3-1701 (7).
(d) The provisions of this subsection (7) shall not be construed to limit the
authority of any state agency or state institution of higher education to amend a contract in order to provide for technical corrections, provision of unanticipated work, extensions of performance periods, or other modifications which are necessary to secure satisfactory completion of the work and provision of goods and services within the scope of the original contract.
(e) In the event that the governor restricts or delays the expenditure of
money for a project for which a professional services contract is required pursuant to the authority granted to the governor in section 24-75-201.5 (2), the deadlines imposed in subsection (7)(a) of this section for the projects are tolled until such time as the restriction or delay is no longer in effect, at which time the professional services contract must be executed and encumbered and any contract with the contractor must be entered into within six months.
(f) In the event that an appropriation is made to a state agency or state
institution of higher education for allocation to other state agencies or state institutions of higher education, the deadline to execute and encumber a contract by the agency or institution receiving the allocation is six months from the date of the allocation by the agency or institution that received the original appropriation. Nothing in this subsection (7)(f) is construed to extend the duration of any appropriation.
(g) and (h) Repealed.
Source: L. 79: Entire part added, p. 892, � 1, effective July 1. L. 81: (3) R&RE, p.
1165, � 1, effective January 1, 1982. L. 84: (4) amended, p. 1121, � 23, effective June 7. L. 89: (7) added, p. 1027, � 3, effective April 27. L. 90: (7) amended, p. 1192, � 1, effective April 12. L. 91: (7)(a) amended and (7)(e) added, p. 804, � 1, effective July 1; (7)(a) amended, p. 1059, � 18, effective July 1. L. 95: (7)(a) amended and (7)(f) added, p. 164, � 1, effective April 7. L. 2007: (7)(a) and (7)(c) amended, p. 494, � 1, effective August 3. L. 2008: (7)(c)(II) amended and (7)(c)(IV) added, p. 176, � 14, effective March 24; (7)(a) amended and (7)(g) added, p. 261, � 82, effective March 31. L. 2009: (7)(g) amended, (SB 09-096), ch. 60, p. 217, � 1, effective March 25; (7)(g) amended, (SB 09-022), ch. 246, p. 1112, � 6, effective May 14. L. 2010: (7)(c)(IV) amended, (HB 10-1422), ch. 419, p. 2083, � 62, effective August 11. L. 2012: (7)(g)(I) amended, (HB 12-1081), ch. 210, p. 903, � 5, effective August 8. L. 2013: (7)(g)(II) amended, (HB 13-1274), ch. 376, p. 2217, � 8, effective June 5. L. 2014: (1), (6), (7)(a), (7)(d), (7)(f), and (7)(g)(I) amended, (HB 14-1387), ch. 378, p. 1839, � 39, effective June 6. L. 2016: (7)(a) amended and (7)(h) added, (HB 16-1043), ch. 29, p. 66, � 1, effective August 10. L. 2018: (7)(a) amended, (HB 18-1027), ch. 31, p. 364, � 12, effective October 1. L. 2022: (7)(h) amended, (SB 22-113), ch. 463, p. 3294, � 8, effective August 10. L. 2025: (7)(a), (7)(b), IP(7)(c), (7)(e), and (7)(f) amended, (7)(c)(V), (7)(c)(VI), (7)(c)(VII), and (7)(c)(VIII) added, and (7)(g) and (7)(h) repealed, (HB 25-1313), ch. 405, p. 2311, � 5, effective August 6. L. 2025, 1st Ex. Sess.: (7)(e) amended, (SB 25B-001), ch. 11, p. 70, � 3, effective August 28.
Editor's note: (1) Amendments to subsection (7)(a) by Senate Bill 91-17 and
House Bill 91-1198 were harmonized.
(2) Amendments to subsection (7)(g) by Senate Bill 09-022 and Senate Bill
09-096 were harmonized.
(3) Section 4 of chapter 11 (SB 25B-001), Session Laws of Colorado 2025,
First Extraordinary Session, provides that the act changing this section applies to revenue estimates and interim revenue estimates presented, and executive orders issued, on or after August 28, 2025.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-30-2002
24-30-2002. Contracts for energy analysis and recommendations. (1) Subject to subsection (2) of this section, and in accordance with section 24-30-1104 (2), where applicable, a state agency may contract with any entity or person experienced in the design and implementation of energy conservation for an energy analysis and recommendations pertaining to measures that would significantly increase:
(a) Utility cost savings and operation and maintenance cost savings in
buildings or other facilities owned or rented by the state agency; or
(b) Vehicle fleet operational and fuel cost savings in state fleet vehicles.
(2) The state personnel director or the state personnel director's designee
may authorize a state agency to enter into such a contract. The contract shall be negotiated by the state agency pursuant to the negotiation requirements described in part 14 of this article; except that direct, indirect, overhead, and other costs and rates may be solicited and considered in the evaluation of qualifications and included in any resulting contract. The contract may include provisions that define the rate, amount, and nature of costs that may be proposed in any subsequent energy cost-savings contract, that describe the content of the analysis, and that reserve the option of the state agency to negotiate a suitable energy cost-savings contract.
(3) Such energy analysis and recommendations shall include the following,
as applicable:
(a) Estimates of the amounts by which utility cost savings and operation and
maintenance cost savings would increase and estimates of all costs of such utility cost-savings measures or energy-savings measures, including, but not limited to, itemized costs of design, engineering, equipment, materials, installation, maintenance, repairs, and debt service; or
(b) Estimates of the amounts by which vehicle fleet operational and fuel cost
savings would increase and estimates of all costs of such vehicle fleet operational and fuel cost-savings measures.
(4) Payment by a state agency for an energy analysis and recommendations
contract may be made from moneys appropriated to the state agency for operating expenses or utilities, as applicable, or payments may be deferred and incorporated into a subsequent energy cost-savings contract.
Source: L. 2001: Entire part added, p. 1090, � 1, effective August 8. L. 2013:
Entire section amended, (SB 13-254), ch. 403, p. 2360, � 2, effective June 5.
C.R.S. § 24-32-133
24-32-133. Infrastructure and strong communities grant program - creation - fund - reporting - definitions - repeal. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) Affordable housing means:
(I) For a household residing in housing on a rental basis, annual income of the
household is at or below one hundred forty percent of the area median income of households of that size in the county in which the housing is located;
(II) For a household residing in housing on a home ownership basis, annual
income of the household at or below one hundred forty percent of the area median income of households of that size in the county in which the housing is located; or
(III) For a household residing in housing on a home ownership basis in rural
resort counties, annual income of the household is at or below one hundred sixty percent of the area median income of households of that size in the county in which the housing is located.
(b) Department means the department of local affairs.
(c) Eligible expenses include planning, engineering, infrastructure, and
local capacity.
(d) Eligible local government means a municipality or a county.
(e) Fund means the infrastructure and strong communities grant program
fund created in subsection (5) of this section.
(f) Grant program means the infrastructure and strong communities grant
program created in subsection (3)(a) of this section.
(g) Infill development means the development of unused and underutilized
land within existing development patterns, typically but not exclusively in urban areas.
(h) Local government means a county, municipality, or a city and county.
(i) Multi-agency group means the division, the Colorado energy office
created in section 24-38.5-101 (1), and the department of transportation created in section 43-1-103 (1).
(j) Sustainable development pattern means a development pattern that
may be extended in a cost-effective way that mitigates harm and minimizes the need for additional resources to maintain the development over time.
(k) Transit-oriented development means a development that is within
walking distance of a transit or other alternative transportation facility.
(2) Multi-agency group - best practices. (a) The multi-agency group shall
encourage the involvement of local governments across the state in the grant program. The multi-agency group, with the assistance of stakeholders, shall develop a list of sustainable land use best practices that will accomplish the goals of the grant program and improve a local government's viability in being considered for a grant award.
(b) The sustainable land use best practices referenced in subsection (2)(a) of
this section will address one or more of the following, without limitation:
(I) Enabling accessory development units or the use of multiplexes by right
in residential zones;
(II) Zoning for mixed-use higher density development in downtown areas of
municipalities and around transit stations;
(III) Annexation policies;
(IV) Intergovernmental agreements that coordinate future development;
(V) Reduced parking requirements;
(VI) Relaxed occupancy rules;
(VII) Budgeting policies;
(VIII) Water rate structures;
(IX) Road standards;
(X) Hazard risk reduction and mitigation standards;
(XI) Energy efficient building codes;
(XII) Zoning for innovative housing options, including but not limited to
modular, manufactured, and prefabricated homes;
(XIII) The use of vacant publicly owned real property within the local
government for the development of affordable housing;
(XIV) Planned unit developments with integrated affordable housing units;
(XV) The development of small square footage residential unit sizes; or
(XVI) Any other practice that is deemed innovative by a local government
and approved by the multi-agency working group.
(c) The multi-agency group shall distribute the sustainable land use
practices developed pursuant to subsection (2)(b) of this section to local governments so that local governments may analyze which, if any, of these practices might have a positive impact in their communities, and then determine how to customize these best practices and adopt them in their communities as appropriate.
(3) Grant program - criteria for awarding grants. (a) The infrastructure and
strong communities grant program is hereby created within the division to provide grants to eligible local governments to enable local governments to invest in infill infrastructure projects that support affordable housing.
(b) The division shall administer the grant program, in consultation with the
Colorado energy office, created in section 24-38.5-101 (1), and the department of transportation, created in section 43-1-103 (1), and, subject to available appropriations, award grants in accordance with the requirements of this section. Subject to available appropriations, grants must be paid out of the fund created in subsection (5) of this section.
(c) The division shall develop policies, procedures, and guidelines that
establish the criteria that the division must consider in awarding grants pursuant to this section. At a minimum, the criteria must include the consideration of:
(I) The potential impact of a project that a local government would fund with
a grant award in light of the goals of the grant program; and
(II) The sustainable land use practices that the local government has
adopted to support greater infill housing supply, more affordable housing, and sustainable development patterns.
(4) Policies, procedures, and guidelines governing us of grant funds. (a)
The division shall develop policies and procedures to determine how grants funded by the grant program may be used.
(b) At a minimum, the policies, procedures, and guidelines developed
pursuant to subsection (4)(a) of this section must require that a grant award be used, at least in part, to fund infrastructure projects that increase the supply of affordable housing and that are within or adjacent to a downtown area, a core business district of a municipality, a transit-oriented development, or that include onsite early childhood care and education services.
(c) The division shall ensure flexibility is afforded rural counties to be able to
seek grant funding that addresses local objectives that are compatible with the goals underlying the grant program.
(d) A portion of any grant award may be used for project delivery, planning,
and community engagement.
(e) The general assembly hereby encourages grant recipients to expend a
portion of any grant award, whenever possible, for funding accessibility improvements or amenities that make the site of the project age-friendly and accessible for persons with disabilities.
(f) (I) Not later than September 1, 2022, the division of housing, created in
section 24-32-704 (1), shall classify each county in the state as urban, rural, or rural resort, as those terms are used in this section, based upon the definitions of the terms as specified in the final report of the Colorado strategic housing working group final report, dated July 6, 2021. The division of housing shall regularly update and publish modifications of the initial classification of a particular county as it receives or produces information documenting changes in local economic circumstances and housing cost factors materially affecting such classifications.
(II) Notwithstanding subsection (4)(f)(I) of this section, any county or
municipality may request from the division of housing:
(A) A determination that a different income restriction should apply to that
county or municipality from the one made applicable to the county or municipality in accordance with subsection (4)(f)(I) of this section based upon the unique economic and housing cost factors present in the county or municipality. Not later than September 1, 2022, the division of housing shall publish any such modified income restrictions and the basis for any modification approved.
(B) At any time, a reclassification of the county or municipality from the
category in which the county is initially classified pursuant to subsection (4)(f)(I) of this section based upon the unique economic and housing cost factors present in the county or municipality.
(5) Fund - administrative costs - permitted uses - gifts, grants, and
donations. (a) The infrastructure and strong communities grant program fund is hereby created in the state treasury. The fund consists of any money transferred to the fund, any money that the general assembly may appropriate to the fund, and any gifts, grants, or donations that the division receives for the grant program pursuant to subsection (5)(f) of this section.
(b) The state treasurer shall credit all interest and income derived from the
investment and deposit of money in the fund to the fund. All money in the fund that is not expended or encumbered, and all interest earned on the investment or deposit of money in the fund, remains in the fund and shall not be credited, transferred, or reverted to the general fund or any other fund at the end of any fiscal year. The money in the fund is continuously appropriated to the division for the purposes of this section.
(c) The division may only use the money in the fund for one or more of the
following uses:
(I) The costs of administering the grant program as may be incurred by the
division. The department may expend up to six percent of the money appropriated or transferred to the fund to pay for its direct and indirect costs in connection with administering the uses of grant funding described in subsection (5)(c)(II) of this section.
(II) Making grants to eligible local governments pursuant to the grant
program to assist such local governments in:
(A) Identifying sustainable land use best practices and supporting
sustainable development patterns;
(B) Determining where and how best to upgrade local government
infrastructure to support more efficient, sustainable development patterns that enable greater affordable infill housing development; and
(C) Financing infrastructure improvements.
(d) The Colorado energy office, created in section 24-38.5-101 (1), may use
money in the fund for the direct and indirect costs of educational programming and technical assistance for local governments that the Colorado energy office provides pursuant to section 24-32-133 (2).
(e) The department of transportation, created in section 43-1-103 (1), may use
money in the fund for the direct and indirect costs of educational programming and technical assistance for local governments that the department of transportation provides pursuant to section 24-32-133 (2).
(f) The division may seek, accept, and expend gifts, grants, or donations from
any public or private resource for the purposes of this section. The division shall transmit all money received from gifts, grants, or donations to the state treasurer who shall credit the money to the fund.
(6) Transfer of money to fund. On June 1, 2022, or as soon as practicable
thereafter, the state treasurer shall transfer to the fund forty million dollars from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a) that originates from money the state received from the federal coronavirus state fiscal recovery fund.
(7) Reporting. (a) On or before October 1, 2023, and on or before October 1
of each year thereafter for the duration of the grant program, the department shall submit a summarized report on the grant program to the senate local government committee and the house of representatives local government committee, or any successor committees. At a minimum, the report must include:
(I) The number of additional affordable housing units and overall housing
units projected to be created as a result of the grant program;
(II) The projected or estimated reduction in greenhouse gas emissions as a
result of the grant program;
(III) The estimated reduction in vehicle miles traveled and household
transportation savings as result of the grant program; and
(IV) The number and type of best practices adopted by eligible local
governments that have received grant awards.
(b) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement
specified in subsection (7)(a) of this section continues until the grant program is repealed in accordance with subsection (8) of this section.
(c) The division and any person that receives money from the division
pursuant to the grant program shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(8) Repeal. This section is repealed, effective December 31, 2026.
Source: L. 2022: Entire section added, (HB 22-1304), ch. 290, p. 2079, � 5,
effective June 1.
Cross references: For the legislative declaration in HB 22-1304, see section 1
of chapter 290, Session Laws of Colorado 2022.
C.R.S. § 24-32-134
24-32-134. Disaster resilience rebuilding program - fund - creation - policies - report - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Administrator means an entity or entities that the division contracts
with pursuant to subsection (2)(b) of this section to administer the program.
(b) Declared disaster means a disaster emergency declared by the
governor pursuant to section 24-33.5-704 (4) in or after 2018 that resulted in widespread or severe damage or loss of property or infrastructure as determined pursuant to policies adopted by the division pursuant to subsection (4) of this section.
(c) Eligible applicant means:
(I) A person who owns or rents a home that is the person's primary residence,
including an apartment or a modular, manufactured, or mobile home, that was affected by a declared disaster and meets eligibility criteria established by policies adopted pursuant to subsection (5) of this section;
(II) A person who owns rental housing, including a modular, manufactured, or
mobile home, that was affected by a declared disaster and meets eligibility criteria established by policies adopted pursuant to subsection (4) of this section;
(III) A business that owns real or personal property that was affected by a
declared disaster or experienced an interruption or loss of business due to a declared disaster and meets eligibility criteria established by policies adopted pursuant to subsection (4) of this section;
(IV) A housing authority created pursuant to part 2 or part 5 of article 4 of
title 29 or a low-income housing tax credit partnership that serves an area affected by a declared disaster;
(V) A Colorado nonprofit corporation that provides construction assistance
to low-income households and meets eligibility criteria established by policies adopted pursuant to subsection (4) of this section; or
(VI) A governmental entity with jurisdiction in an area affected by a declared
disaster.
(d) Fund means the disaster resilience rebuilding program fund created in
subsection (7) of this section.
(e) Governmental entity means any authority, county, municipality, city and
county, district, or other political subdivision of the state; any tribal government with jurisdiction in Colorado; and any institution, department, agency, or authority of any of the foregoing.
(f) Program means the disaster resilience rebuilding program created in
subsection (2) of this section.
(2) (a) The division shall establish the disaster resilience rebuilding program
as a loan and grant program in accordance with the requirements of this section and the policies established by the division. The program may provide loans and grants from the fund to eligible applicants seeking assistance as they rebuild their community after a declared disaster.
(b) The division may contract with or provide a grant to a governmental
entity, housing authority, Colorado-based nonprofit organization, business nonprofit organization, bank, nondepository community development financial institution, or business development corporation or other entity as determined by the division to administer the program. If the division contracts with an entity or entities to administer the program, the division shall use an open and competitive process pursuant to the state procurement code, articles 101 to 112 of this title 24, to select the entity or entities. A contract with an administrator may include an administration fee established by the division at an amount reasonably calculated to cover the ongoing administrative costs of the division in overseeing the program. The division may advance money to an entity under a contract in preparation for issuing loans and grants and administering the program.
(3) A contract with an administrator may require the administrator to repay
all lending capital that is not committed to loans or grants under the program and all principal and interest that is repaid by borrowers under the program at the end of the contract period if, in the judgment of the division, the administrator has not performed successfully under the terms of the contract. The division may redeploy money repaid under this subsection (3) as grants or loans under the program or through another administrator.
(4) The division shall establish and publicize policies for the program. At a
minimum, the policies must address:
(a) Coordination with the office of emergency management created in
section 24-33.5-705 to prioritize the use of the disaster emergency fund created in section 34-33.5-706 for the allowable uses of loans and grants under the program that are not housing related;
(b) The process and any deadlines for applying for and receiving a loan or
grant under the program, including the information and documentation required for the application;
(c) Eligibility criteria for applicants to the program;
(d) Maximum assistance levels for loans and grants;
(e) Loan terms, including interest rates and repayment terms;
(f) Any additional specifications or criteria for the uses of the grant or loan
money allowed by subsection (5) of this section;
(g) Any reporting requirements for recipients, which must include the
demographic data of each recipient aggregated by race, ethnicity, disability status, and income level;
(h) Any program fees, including any application fee or origination fee, and
closing costs;
(i) Underwriting and risk management policies;
(j) Any requirements for applicants to apply for or exhaust other sources of
assistance or reimbursement to be eligible for a loan or grant under the program. If the policies establish such a requirement, the policies must specify to which applicants the requirement applies, which sources must be applied for and denied or exhausted, and what documentation is necessary to establish the applicant has met the requirement.
(k) Equitable community outreach and equitable access to program
information, including communications in the relevant languages of the community and equitable hearing, sight, and physical accessibility; and
(l) Any additional policies necessary to administer the program.
(5) The program may provide loans or grants or a combination of both to
eligible applicants. In reviewing applications and awarding grants, the division shall give priority to eligible applicants who demonstrate that their needs cannot be met by other sources of assistance. Loans or grants may be used to:
(a) Subsidize costs to repair or rebuild a homeowner's primary residence that
are insufficiently covered by the homeowner's insurance or by loans, grants, or other assistance available from the federal emergency management agency, the federal small business administration, or other state or federal assistance programs. Costs that may be covered include, but are not limited to:
(I) Direct costs of repairs or reconstruction of a damaged or destroyed
primary residence, including costs to rebuild to advanced fire and other natural hazard mitigation standards;
(II) Soft costs such as architectural and engineering costs and permitting
fees associated with repairing or rebuilding a primary residence;
(III) Soil sampling and air quality monitoring;
(IV) Clearance and demolition costs, including concrete flat work removal
and removal of hazardous material, including asbestos;
(V) Private road or bridge repair if necessary to access a primary residence;
(VI) Costs associated with using building and site design measures that
reduce risk to natural hazards, including fire resistant building materials and landscape design;
(VII) Costs to replant climate ready trees and vegetation;
(VIII) Temporary rental assistance during relocation or rebuilding or recovery
work; and
(IX) Other recovery costs not covered by other sources that will increase
resilience to future disasters;
(b) Repair or reconstruct housing stock in an area that is affected by a
declared disaster and is experiencing a shortage of adequate housing or has a significant number of affected households. The program may provide a grant or loan under this subsection (5)(b) to:
(I) A housing authority or low-income housing tax credit partnership to fund
the replacement or repair of multi-family housing in an area affected by a declared disaster;
(II) A nonprofit corporation to provide construction assistance to low-income
households in an area affected by a declared disaster;
(III) A person who owns rental housing and requires additional resources to
rebuild or repair the rental housing. A loan or grant made pursuant to this subsection (5)(b)(III) must include provisions requiring the recipient to provide affordable rent for the rental housing following the repair or reconstruction and temporary rental assistance for displaced renters, as determined by the division.
(c) Provide operating capital to a business experiencing a business
interruption or cover the costs of replacing or repairing the business's real property, equipment, or inventory that was lost or damaged in the disaster;
(d) Rebuild neighborhoods or portions of neighborhoods in a manner that
serves as a pilot project for advanced community planning to resist the impacts of natural disasters caused by climate change or reduce actions that contribute to climate change, including but not limited to micro-grids, community battery storage, community district heating or geothermal heating systems, or wildfire resilient land use planning strategies;
(e) Reimburse a governmental entity for any unmet needs associated with a
declared disaster that are not covered by public assistance from the federal emergency management agency or other state or federal assistance, including assistance provided pursuant to section 24-33.5-704 (7)(j). Unmet needs that may be covered include, but are not limited to:
(I) Rebuilding or repairing transportation infrastructure;
(II) Health and safety improvements or investments related to disaster
recovery and resiliency; or
(III) Replacement of lost revenue from sales taxes, property taxes, public
utility or service fees, or other revenue sources that were negatively affected by a declared disaster; or
(f) Assist eligible applicants in addressing other related unmet needs as
allowed by the policies adopted by the division pursuant to subsection (4) of this section in order to recover or rebuild from a declared disaster.
(6) The division may seek, accept, and expend gifts, grants, or donations
from private or public sources for the purposes of this section. The division shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
(7) (a) The disaster resilience rebuilding program fund is hereby created in
the state treasury. The fund consists of money transferred to the fund in accordance with subsection (7)(d) of this section, any other money that the general assembly appropriates or transfers to the fund, and any gifts, grants, or donations credited to the fund pursuant to subsection (6) of this section.
(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 division for the
purposes specified in this section and for the development of the disaster survivor portal described in section 24-33.5-1106 (4).
(d) Three days after May 17, 2022, the state treasurer shall transfer fifteen
million dollars from the general fund to the disaster resilience rebuilding program fund created in subsection (7)(a) of this section.
(8) The division and the department of local affairs shall collaborate with the
Colorado energy office created in section 24-38.5-101 on the implementation of this section as set forth in section 24-38.5-115 (8).
(9) On or before January 1, 2024, and on or before each January 1 thereafter,
the division shall submit a report summarizing the program to the house of representatives transportation and local government committee and the senate local government committee, or their successor committees. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (9) continues indefinitely.
Source: L. 2022: Entire section added, (SB 22-206), ch. 173, p. 1143, � 2,
effective May 17.
Cross references: For the legislative declaration in SB 22-206, see section 1
of chapter 173, Session Laws of Colorado 2022.
C.R.S. § 24-32-135
24-32-135. Community schoolyards grant program - creation - report - rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Capital construction and improvement grant program or construction
program means the capital construction and improvement grant program created in subsection (2)(a)(II) of this section that is part of the community schoolyards grant program.
(b) Community schoolyard means a park-like environment located at an
elementary or secondary school that strengthens local ecological systems, provides a wide range of hands-on learning resources, enhances health and well-being for students and community members, and fosters nature-play and social opportunities for students and community members.
(c) Community schoolyards grant program or grant program means the
community schoolyards grant program created in subsection (2)(a) of this section, which consists of two grant programs: The planning and design grant program created in subsection (2)(a)(I) of this section and the capital construction and improvement grant program created in subsection (2)(a)(II) of this section.
(d) Community-use partner means a partner that enters into a community-use agreement with an eligible applicant and the partnership complies with the
requirements set forth in subsection (2)(d) of this section.
(e) Eligible applicant means a local government or a school district.
(f) Grant recipient means an eligible applicant that the division selects to
receive money through the grant program.
(g) Local government means a municipality, a county, special districts, and
other political subdivisions and state agencies.
(h) Planning and design grant program or planning program means the
planning and design grant program created in subsection (2)(a)(I) of this section that is part of the community schoolyards grant program.
(2) (a) The community schoolyards grant program is created in the division.
The community schoolyards grant program is a two-part grant program that includes:
(I) The planning and design grant program, which awards up to one hundred
fifty thousand dollars to each grant recipient selected by the division for the planning and design of a community schoolyard; and
(II) The capital construction and improvement grant program, which awards
up to eight hundred fifty thousand dollars to each grant recipient selected by the division for the capital construction of a community schoolyard.
(b) The purpose of the community schoolyards grant program is to address
inequities in underserved and underfunded schools and communities, specifically communities socially or economically affected by the development, processing, or energy conversion of minerals and mineral fuels subject to taxation pursuant to article 29 of title 39, by:
(I) Making community schoolyards accessible to the broader community
outside of school hours;
(II) Improving physical activity and mental health opportunities for students
and community members; and
(III) Incorporating natural landscapes, natural playgrounds, and recreational
spaces that promote adaptation; sustainability; resilience; and hands-on learning across subject matters, including science, technology, engineering, arts, and mathematics.
(c) For the planning program and the construction program, the division shall
consider eligible applicants whose applications contain the following materials:
(I) Documentation of a community-use agreement between the eligible
applicant and a community-use partner that enables the community schoolyard to serve as a community facility outside of school hours. The community-use agreement must include, at a minimum, the following:
(A) A definition of the roles and responsibilities of the eligible applicant and
the community-use partner in the operation, use, safety, and maintenance of the community schoolyard;
(B) Consideration of liability issues for community use of the community
schoolyard;
(C) A definition of the hours of operation for community use of the
community schoolyard; and
(D) Documentation of the community use of the community schoolyard;
(II) Documentation of a partnership between the eligible applicant and a
community-based organization with expertise in outdoor learning spaces or outdoor education spaces that has experience working with local education providers;
(III) Documentation of the amount of matching funds or in-kind contributions
that the eligible applicant intends to provide to augment grant money received from the grant program and the anticipated amount and source of any matching funds or in-kind contributions; and
(IV) A demonstration of the need for a community schoolyard that uses a
nationally recognized interactive map to help identify the top locations to build a community schoolyard.
(d) (I) A local government that is an eligible applicant must enter into a
community-use agreement with a community-use partner that includes, but is not limited to, a school of a school district, a school district, a district charter school, an institute charter school, the state charter school institute, or a board of cooperative services created and operated pursuant to article 5 of title 22.
(II) A school district that is an eligible applicant must enter into a
community-use agreement with a community-use partner that is a local government.
(e) The division may consult with the state board of the great outdoors
Colorado trust fund established pursuant to section 6 of article XXVII of the state constitution, the outdoor equity board created in section 33-9-203, the environmental justice advisory board created in section 25-1-134 (2), and the public school capital construction assistance board created in section 22-43.7-106 regarding the grant program.
(3) (a) On or before January 15, 2026, the division shall implement a timeline
for the planning program, which must include:
(I) Announcing the planning program;
(II) Accepting applications from eligible applicants and reviewing
applications in a timely manner;
(III) Selecting the grant recipients;
(IV) Distributing grant money to the grant recipients; and
(V) Establishing reporting timelines and requirements for the grant
recipients of the planning program. Grant recipients shall report, at a minimum, the following to the division:
(A) The amount of money received from the planning program;
(B) The number of students affected by the grant; and
(C) A description of how the grant money was spent.
(b) Grant recipients of the planning program shall develop professional plan,
design, and construction documents through a community-centered participatory design process in collaboration with students, educators, and community members. The planning and design documents for the community schoolyard must include:
(I) Ecological, climate, and biodiversity goals;
(II) Education and health goals;
(III) Recreation goals;
(IV) Accessibility, safety, and licensing standards;
(V) The number of students enrolled at each school served by the grant;
(VI) The total acreage size of the school property;
(VII) The acreage size of the proposed community schoolyard;
(VIII) A concept plan drawing of the proposed community schoolyard design,
which must incorporate design features that create healthy and environmentally sound spaces. Design features may include:
(A) Food and pollinator gardens;
(B) Natural playgrounds, including natural and nature-based elements,
including rock gardens, sand boxes, stump logs, streams, living plants, and other features that are integrated with the outdoor landscape and vegetation;
(C) Stormwater management;
(D) Traditional playground equipment;
(E) Climate-appropriate non-invasive plants and vegetation;
(F) Walking trails;
(G) Shade trees;
(H) Outdoor classrooms with chalkboards, tables, sinks, and large sitting
areas for teachers to lead outdoor lessons; or
(I) Calm spaces for children;
(IX) Identification of community partners, including nonprofit organizations
or design professionals that have expertise in outdoor learning spaces or outdoor education spaces; and
(X) A plan for the long-term maintenance of the community schoolyard.
(c) The community-based organization described in subsection (2)(c)(II) of
this section is encouraged to provide technical assistance to the grant recipient to help facilitate the community-centered participatory design process to plan and design park-like spaces, outdoor learning spaces, or outdoor education spaces with students, educators, and community members, as described in subsection (3)(b) of this section.
(4) (a) On or before January 15, 2026, the division shall implement a timeline
for the construction program, which must include:
(I) Announcing the construction program;
(II) Accepting applications from eligible applicants;
(III) Selecting the grant recipients;
(IV) Distributing grant money to the grant recipients; and
(V) Establishing reporting timelines and requirements for the grant
recipients of the construction program. Grant recipients must report, at a minimum, the following to the division:
(A) The number of students affected by the grant;
(B) A description of how the grant money was spent; and
(C) The establishment of a community-use agreement, as described in
subsection (2)(c)(I) of this section, for community access and use of the community schoolyard outside of school hours.
(b) If the proposed community schoolyard construction project exceeds one
million dollars, the grant recipient must have a minimum of twenty-five percent of the total construction budget available as matching funds at the time of the grant award. The total construction budget may include in-kind contributions.
(c) Eligible applicants who did not apply to the planning program may apply
to the construction program and must submit the professional plan, design, and construction documents described in subsection (3)(b) of this section to the division during the construction program application period described in subsection (4)(a)(II) of this section. Eligible applicants must provide evidence that the professional plan, design, and construction documents were created through a community-centered participatory design process in collaboration with students, educators, and community members. The eligible applicant must provide documentation of a community-use agreement with a community-use partner.
(5) On or before January 15, 2028, the division shall compile a report
summarizing the grant recipient reports from the planning program received pursuant to subsection (3)(a)(V) of this section and the construction program pursuant to subsection (4)(a)(V) of this section. The division shall submit the report to the education committees of the house of representatives and senate; the house of representatives transportation, housing, and local government committee; and the senate local government and housing committee, or their successor committees.
(6) The division may adopt rules to carry out the purposes of this section.
(7) (a) For the 2025-26 fiscal year, the department of local affairs shall use
two million dollars from the local government mineral impact fund created in section 34-63-102 (5) or the local government severance tax fund created in section 39-29-110 for purposes of this section.
(b) For the 2026-27 fiscal year, the department of local affairs shall use two
million dollars from the local government mineral impact fund created in section 34-63-102 (5) or the local government severance tax fund created in section 39-29-110 for purposes of this section.
(c) Of the total funds described in subsections (7)(a) and (7)(b) of this section,
the division may use up to five percent of the funds it receives for the grant program to pay for the direct and indirect costs of administering the grant program.
(8) This section is repealed, effective January 1, 2030.
Source: L. 2025: Entire section added, (HB 25-1061), ch. 435, p. 2511, � 1,
effective August 6.
PART 2
DIVISION OF PLANNING
Editor's note: This part 2 was numbered as article 36 of chapter 106, C.R.S.
-
The substantive provisions of this part 2 were repealed and reenacted in 1971, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 2 prior to 1971, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
Cross references: For the Planned Unit Development Act of 1972, see article 67 of this title.
C.R.S. § 24-32-3001
24-32-3001. Community-based access grant program - powers and duties of department of local affairs - definitions - legislative declaration. (1) As used in this section:
(a) Aggregate means to aggregate or consolidate the telecommunications
service requirements of all or a substantial portion of the public offices within a community into a coordinated and rational network plan for the provision and procurement of telecommunications services so as to maximize economies of scale and combine the buying power of the entities operating such offices.
(b) Community means a geographically contiguous and distinct population,
self-defined for the purposes of applying for the grant resources described in this section, and having a sponsoring fiscal agent that is a political subdivision of the state.
(c) Connect and connection refer to the establishment of a full-time,
dedicated, digital network connection between a public office and the state network.
(d) Department means the department of local affairs, created in section
24-1-125.
(e) Director means the executive director of the department.
(f) End-user equipment means hardware and software that are identified
with a specific public office or other physical location and that can operate independently of the state network. The term includes, without limitation, personal computers, network servers, local area networks, and video conferencing equipment.
(g) Private-sector telecommunications provider means a private
corporation, whether or not operated for profit, that offers telephone, cable, wireless, or other telecommunications services to the public.
(h) Public office means any building, office, or facility that is physically
located within the geographic boundaries of a community and is owned or operated by:
(I) An agency or political subdivision of the state or of any local government,
including, but not limited to, a state administrative agency, a public school or college, a library, a county or municipal government, and a public hospital or health-care facility; or
(II) A nonprofit hospital.
(2) The department shall establish a community-based access grant
program under which the department shall allocate capital construction funds appropriated to the department for this purpose to communities seeking to aggregate the telecommunications services required by the public offices within the community to connect to the digital network operated by the department of personnel pursuant to article 30 of this title. Said telecommunications services shall be procured by the communities from private-sector telecommunications providers.
(3) The use of moneys allocated under this section shall be limited as
follows:
(a) Expenditures shall be made only in accordance with proposals that result
in material improvements in the availability and competitive cost of advanced, digital telecommunications services to the community as compared to other communities of comparable size and characteristics.
(b) Expenditures shall be made only for services procured by the community
from private-sector telecommunications service providers.
(c) Expenditures shall be made only for costs associated with:
(I) Terminating communications equipment at a public office;
(II) Leased digital telecommunications services associated with connecting a
public office to the state's digital network; and
(III) Appropriate cost-recovery charges for the use of the state's digital
network.
(d) No expenditures shall be made for costs associated with connecting
public offices that already have connections; except that such public offices may be reimbursed for their net, new incremental costs incurred as a result of their inclusion in the community's plan for the aggregation of telecommunications services.
(e) No expenditures shall be made for end-user equipment, applications
development, maintenance, training, or other similar costs incurred by a public office or organization.
(f) Moneys shall be disbursed only to the fiscal agent acting on behalf of a
community.
(4) The department shall receive and evaluate proposals for funding under
this section, subject to the following policy directives:
(a) The proposal process shall be conducted with the overall goal of
providing funding to every community whose proposal is of high quality and competitive with those of communities of comparable size and characteristics.
(b) Priority shall be given to those communities proposing to aggregate the
traffic of, and obtain participation from, the greatest proportion of the public offices within the community. To qualify for consideration, proposals shall list all public offices in the community and, as to each such public office, shall specify whether or not the public office is to be connected under the proposal. In addition, increased priority shall be given to those communities that show participation of private- and nonprofit-sector telecommunications consumers in the total aggregated demand.
(c) In accordance with measurable criteria established in advance by the
department, the department shall consider the degree of cash and in-kind matching funds to be provided by the community, consistent with the community's resources.
(5) Notwithstanding the provisions of subsection (3) of this section, the
department may allocate up to ten percent of the capital construction appropriation for technical assistance, training, engineering, and consulting to prepare plans, program documents, life-cycle cost studies, requests for proposals and other studies, and documents associated with and necessary for the development of proposals under this section.
(6) The department shall coordinate the allocation of the capital
construction funds appropriated to it for the purposes of this section with the schedule of deployment for the state's digital networks.
(7) In the funding of aggregated access for communities, the department
shall require that public entities participating in the aggregation of traffic locally demonstrate the ability to divert or separate local traffic, including but not limited to internet and voice traffic, from the point of aggregation to a local destination.
(8) The department shall allocate the capital construction funds
appropriated to it for the purposes of this section in such a manner as to reduce geographic disparity throughout the state in the availability and cost of advanced communications services.
(9) The department shall report to and make an appearance before the
capital development committee at the conclusion of each fiscal year of operation of this program.
(10) The general assembly hereby finds and declares that the aggregation of
local public telecommunications services is a new state program and that administration of the program requires services of a specialized, technical nature that are not available within the state personnel system. The director is therefore authorized to contract with a private person, corporation, or entity for the administration of the community-based access grant program described in subsection (2) of this section if the contract otherwise complies with part 5 of article 50 of this title, concerning contracts for personal services.
(11) During the initial year of funding, the department of local affairs shall
allocate the moneys made available for the purposes of this section in a manner that:
(a) Provides technical assistance for strategic telecommunications planning
to communities that require help in preparing competitive proposals for future funding;
(b) Evaluates the relationship between the size of a community and the
ability to successfully attract investment through aggregation; and
(c) Gives priority to proposals that demonstrate a high probability of success
through sufficient prior strategic telecommunications planning, local managerial expertise, and technical feasibility of the chosen bid from the private vendor.
Source: L. 99: Entire part added, p. 600, � 3, effective May 17. L. 2006: (9)
amended, p. 144, � 18, effective August 7.
PART 31
MANUFACTURED HOME INSTALLATION
24-32-3101 to 24-32-3110. (Repealed)
Source: L. 2003: Entire part repealed, p. 532, � 1, effective March 5.
Editor's note: This part 31 was added in 2000 and was not amended prior to
its repeal in 2003. For the text of this part 31 prior to 2003, consult the 2002 Colorado Revised Statutes.
PART 32
OFFICE OF SMART GROWTH
C.R.S. § 24-32-3302
24-32-3302. Definitions. As used in this part 33, unless the context otherwise requires:
(1) Authorized quality assurance representative means any quality
assurance representative approved by the division pursuant to section 24-32-3303 (1)(c).
(2) Board means the state housing board created in section 24-32-706.
(3) Certificate of installation means a certificate issued by the division for
an installation that complies with this part 33 and rules that the board adopts under this part 33.
(4) Certified installer means an installer of manufactured homes or tiny
homes that:
(a) Is registered with the division;
(b) Has installed at least five manufactured homes or tiny homes in
compliance with the manufacturer's instructions or standards created by the division pursuant to this part 33; and
(c) Has been approved by the division for certified status.
(5) Repealed.
(6) Defect means any deviation in the performance, construction,
components, or material of a manufactured home, tiny home, or factory-built structure that renders the manufactured home, tiny home, or factory-built structure or any part of the manufactured home, tiny home, or factory-built structure not fit for the ordinary use for which it was intended.
(6.5) Delivery means, for purposes of section 24-32-3325, at a location
agreed to by the seller and purchaser.
(7) Repealed.
(8) Division means the division of housing created in section 24-32-704.
(9) Factory-built nonresidential structure means any structure or
component, including any closed panel system, designed primarily for commercial, industrial, or other nonresidential use, either permanent or temporary, including a manufactured unit that is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a permanent or temporary foundation at the building site.
(10) Factory-built residential structure means a manufactured home,
including any closed panel system, constructed to the building codes adopted by the board and designed to be installed on a permanent foundation, except for homes constructed to a federal manufactured home construction and safety standard and any home designated as a mobile home.
(11) Factory-built structure means:
(a) A factory-built nonresidential structure;
(b) A factory-built residential structure; and
(c) A factory-built tiny home.
(12) Federal act means the National Manufactured Housing Construction
and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq.
(13) Federal manufactured home construction and safety standard means
any standard promulgated by the secretary of the United States department of housing and urban development pursuant to the federal act.
(14) Imminent safety hazard means an imminent and unreasonable risk of
death or severe personal injury.
(15) Independent contractor means a local government, individual, private
firm, housing inspector, or engineer who has been approved by the division to perform or enforce installation inspections.
(16) (a) Installation means the placement of a manufactured home or tiny
home on a permanent or temporary foundation system.
(b) Installation includes supporting, blocking, leveling, securing, or
anchoring the home and connecting multiple or expandable sections of the home.
(17) Installer means any person or business entity authorized to perform
the installation of:
(a) A manufactured home, which includes multifamily structures, for those
with the knowledge, experience, and skills to do so; or
(b) A tiny home.
(18) Local government means the government of a town, city, county, or
city and county that is the designated authority charged with the administration and enforcement of local building codes.
(19) Manufacture means the process of making, fabricating, constructing,
forming, or assembling a product from raw, unfinished, or semi-finished materials.
(20) Manufactured home means any preconstructed building unit or
combination of preconstructed building units or closed panel systems that:
(a) Includes electrical, mechanical, or plumbing services that are fabricated,
formed, or assembled at a location other than the site of the completed home;
(b) Is designed for residential occupancy in either temporary or permanent
locations;
(c) Is constructed in compliance with the federal act, factory-built residential
requirements, including those for multi-family structures, or mobile home standards;
(d) Is not self-propelled; and
(e) Is not licensed as a recreational vehicle.
(21) Manufactured home construction means all activities relating to the
assembly, manufacture, major repair, or alteration of a manufactured home, including but not limited to activities relating to durability, quality, and safety.
(22) Manufactured home safety means the performance of a manufactured
home in such a manner that the public is protected against any unreasonable risk of occurrence of accidents due to the design or construction of the manufactured home or any unreasonable risk of death or injury to the user or to the public if accidents do occur.
(23) Manufacturer means any person who constructs or assembles a
manufactured residential or nonresidential structure in a factory or other off-site location.
(24) Mobile home means a manufactured home built prior to the adoption
of the federal act.
(24.5) Mobile home park has the meaning set forth in section 38-12-201.5
(6).
(25) Modular home means a factory-built residential structure.
(26) Owner means the owner of a manufactured home or tiny home.
(26.5) Permanent foundation means a structure that is designed or
intended to:
(a) Support a building from underneath;
(b) Keep a building firmly affixed to the ground;
(c) Prevent the building from moving; and
(d) Not be removed from the ground or building.
(27) Principal means an officer of a corporation, a member of a limited
liability company, a general partner of a partnership, the sole proprietor of a sole proprietorship, or any other person who has a financial interest of ten percent or more in any legal or commercial entity.
(28) Production review means an evaluation of a manufacturer and a
facility's ability to follow approved plans, standards, codes, and quality control procedures during manufacture.
(29) Purchaser means a person purchasing a manufactured home or tiny
home if either is purchased in good faith for purposes other than resale.
(30) Quality assurance representative means any state, firm, corporation,
or other entity that proposes to conduct production reviews, evaluate a manufacturer's quality control procedures, and perform design evaluations.
(31) Registered installer means an installer who has registered with the
division, but who has not applied for and been approved by the division for certified status.
(32) Secretary means the secretary of the United States department of
housing and urban development.
(32.5) Seller means any person engaged in the business of selling
manufactured homes to be installed in Colorado or tiny homes to be occupied or installed in Colorado.
(33) Site means the entire tract, subdivision, or parcel of land on which
manufactured homes or tiny homes are installed.
(34) Temporary foundation means a structure that is designed or intended
to:
(a) Support a building from underneath;
(b) Keep a building firmly affixed to the ground;
(c) Prevent the building from moving; and
(d) Be removable from the ground or building.
(35) (a) Tiny home means a structure that:
(I) Is permanently constructed on a vehicle chassis;
(II) Is designed for long-term residency;
(III) Includes electrical, mechanical, or plumbing services that are fabricated,
formed, or assembled at a location other than the site of the completed home;
(IV) Is not self-propelled; and
(V) Has a square footage of not more than four hundred square feet.
(b) Tiny home does not include:
(I) A manufactured home;
(II) A recreational park trailer as defined in section 24-32-902 (8);
(III) A recreational vehicle as defined in section 24-32-902 (9);
(IV) A semitrailer as defined in section 42-1-102 (89); or
(V) An intermodal shipping container.
Source: L. 2003: Entire part added, p. 533, � 2, effective March 5. L. 2021:
(4), (9), (10), (15), (17), (18), IP(20), (20)(c), (30), and (31) amended, (5) and (7) repealed, and (6.5) and (32.5) added, (HB 21-1019), ch. 122, p. 466, � 2, effective September 7. L. 2022: (3), (4), (6), (11), (16), (17), (20)(a), (20)(d), (26), (29), (30), (32.5), and (33) amended and (24.5), (26.5), (34), and (35) added, (HB 22-1242), ch. 172, p. 1118, � 2, effective August 10. L. 2025: IP(17) amended, (SB 25-002), ch. 172, p. 714, � 5, effective May 8.
Cross references: For the legislative declaration in SB 25-002, see section 1
of chapter 172, Session Laws of Colorado 2025.
C.R.S. § 24-32-3305
24-32-3305. Rules - advisory committee - enforcement - regional building codes - study. (1) The board shall promulgate rules as it deems necessary to ensure:
(a) The safety of factory-built structures;
(b) The safety of consumers purchasing manufactured homes or tiny homes;
(c) The safety of installations;
(d) The safety of hotels, motels, and multifamily structures in areas of the
state where no construction standards for hotels, motels, and multifamily structures exist.
(e) The implementation of sections 24-32-3328 and 24-32-3329; and
(f) The safety of foundation systems for manufactured homes, tiny homes,
and factory-built structures in areas of the state where no construction standards for manufactured homes, tiny homes, and factory-built structures exist.
(2) Rules promulgated by the board must include provisions imposing
requirements reasonably consistent with recognized and accepted standards adopted by the ASTM international, the International Code Council, the National Fire Protection Association, and the Colorado state plumbing and electrical codes, or a combination of these standards and codes, except to the extent that the board finds that the standards and codes are inconsistent with this part 33. The board shall adopt rules pursuant to article 4 of this title 24.
(3) (a) Except when adopting an energy code pursuant to subsection (3.5) of
this section, the board must consult with and obtain the advice of an advisory committee on factory-built structures and tiny homes in the drafting and promulgation of rules. The committee consists of nineteen members appointed by the division from the following professional and technical disciplines:
(I) One from architecture;
(II) One from structural engineering;
(III) Four from building code enforcement, representing a local building
department from each of the following climate zones across the state:
(A) One from climate zone 4;
(B) One from climate zone 5;
(C) One from climate zone 6; and
(D) One from climate zone 7;
(IV) Repealed.
(V) One licensed electrician who may be employed by the department of
regulatory agencies;
(VI) One licensed plumber who may be employed by the department of
regulatory agencies;
(VII) Repealed.
(VIII) Three from factory-built structure construction representing the
following occupancy classifications:
(A) One from the international residential code for one- and two-family
dwellings;
(B) One from the international building code for residential structures; and
(C) One from the international building code for factory and industrial
structures;
(IX) One from the tiny home industry;
(X) One from energy conservation;
(XI) One from organized labor.
(XII) One developer specializing in the use of factory-built structures in
projects;
(XIII) One from climate resiliency;
(XIV) One registered installer;
(XV) One registered seller; and
(XVI) One individual representing emergency services or management.
(b) Committee members are reimbursed for actual and necessary expenses
incurred while engaged in official duties.
(c) (I) The advisory committee shall develop regional building codes
standards accounting for local climatic and geographic conditions and fire suppression activities to ensure safety and to apply the most stringent of these requirements for the construction and installation of factory-built structures and submit the recommended regional building codes in the form of recommended administrative rules for consideration and adoption by the board.
(II) The regional building codes standards shall include, at a minimum, wind
shear, snow load, wildfire risk, thermal zone, radon mitigation, or automatic fire sprinkler system requirements.
(d) (I) The advisory committee shall develop implementation requirements,
including the continued authorization of a local government to perform inspections of factory-built structures on behalf of the division of housing; and
(II) The advisory committee shall develop implementation requirements,
including registration, responsibility, and accountability requirements for manufacturers, installers, sellers, or general contractors who develop the installation site or complete the construction of factory-built structures at the installation site, including offering education, training, and certification opportunities, and submit the implementation requirements in the form of recommended administrative rules for consideration and adoption by the board.
(e) During the 2026 legislative session, the department of local affairs shall
present the recommendations of the advisory committee related to the development of regional building codes accounting for local climatic and geographic conditions and fire suppression activities, and improved coordination between the state and local permitting process onsite for the construction and installation of factory-built structures, to the senate local government and housing committee and the house transportation, housing, and local government committee prior to consideration and adoption by the state housing board. The department of local affairs shall report on the outcomes as part of its 2031 SMART Act hearing.
(3.3) Repealed.
(3.5) (a) (I) On or before January 1, 2025, the division shall adopt and enforce
an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5). This energy code must apply to factory-built structures and hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist.
(II) On or before January 1, 2030, the division shall adopt and enforce an
energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6). This energy code must apply to factory-built structures and hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist.
(b) Nothing in this subsection (3.5) establishes standards applicable to
manufactured homes constructed pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, established in 42 U.S.C. sec. 5401, et seq., and any corresponding regulations promulgated by the United States department of housing and urban development in 24 CFR 3280, et seq.
(c) Notwithstanding any other provision of this subsection (3.5), the division
may make any amendments to an energy code that the division deems appropriate, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.
(d) Nothing in this subsection (3.5) restricts the ability of an investor-owned
utility with approval from the public utilities commission to:
(I) Provide incentives or other energy efficiency program services to help the
division or builders comply with the requirements of this subsection (3.5); or
(II) Earn shareholder incentives and claim credits toward its regulatory
requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the division or builders comply with the requirements of this subsection (3.5).
(e) A utility not subject to regulation by the public utilities commission may
provide incentives or other energy efficiency program services as they so choose to assist the division or any builders in complying with the requirements of this subsection (3.5).
(f) (I) A utility may count mass-based emissions reductions associated with
the requirements of this subsection (3.5) towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.
(II) A utility subject to regulation by the public utilities commission shall not
count energy savings or greenhouse gas emissions reductions achieved through the requirements of this subsection (3.5) for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.
(4) The division must enforce the provisions of this part 33 and the rules
adopted pursuant thereto.
(5) The division may act as agent for the federal government for the
enforcement of manufactured home safety and construction standards relating to any issue with respect to which a federal standard has been established under the federal act.
(6) Any future statewide adopted codes contemplated in statute must be
vetted through the advisory committee for consideration for adoption by the board.
Source: L. 2003: Entire part added, p. 537, � 2, effective March 5. L. 2021:
IP(1), (2), (3), (4), and (5) amended, (HB 21-1019), ch. 122, p. 468, � 5, effective September 7. L. 2022: (3) amended and (3.5) added, (HB 22-1362), ch. 301, p. 2181, � 5, effective June 2; IP(1), (1)(b), (1)(c), (2), and (3) amended and (1)(e) and (1)(f) added, (HB 22-1242), ch. 172, p. 1121, � 5, effective August 10. L. 2024: (3.3) added, (HB 24-1152), ch. 167, p. 830, � 2, effective May 13. L. 2025: IP(3)(a), (3)(a)(III), (3)(a)(V), (3)(a)(VI), (3)(a)(VIII), (3)(a)(IX), and (3)(a)(X) amended, (3)(a)(IV), (3)(a)(VII), and (3.3) repealed, and (3)(a)(XII), (3)(a)(XIII), (3)(a)(XIV), (3)(a)(XV), (3)(a)(XVI), (3)(c), (3)(d), (3)(e), and (4) added, (SB 25-002), ch. 172, p. 716, � 7, effective May 8.
Editor's note: (1) Amendments to subsection (3) by HB 22-1242 and HB 22-1362 were harmonized.
(2) Subsection (6) was numbered as (4) in SB 25-002 but has been
renumbered on revision for ease of location.
Cross references: For the legislative declaration in SB 25-002, see section 1
of chapter 172, Session Laws of Colorado 2025.
C.R.S. § 24-32-3317
24-32-3317. Installation of manufactured homes and tiny homes - authorization - certificates - inspections - inspector qualification and education requirements - rules. (1) Before beginning an installation, the owner or registered installer of a manufactured home or tiny home must submit a request to the division and receive an installation authorization from the division on a division-approved form, unless the installation is occurring in a jurisdiction where a local government is participating as an independent contractor, in which case the owner or registered installer is to follow the local government's process for receiving authorization to install a manufactured home or tiny home.
(2) The division may certify any installer who provides evidence of five or
more installations of manufactured homes or tiny homes performed by the installer for which installation authorizations have previously been issued in accordance with this section when, in the judgment of the division, the installer has demonstrated the ability to successfully complete installations in accordance with this part 33.
(2.3) An installer certified by the division is not required to obtain an
installation authorization from the division, but a certified installer is required to obtain authorization to install a manufactured home or tiny home from any local government participating as an independent contractor. For any installation occurring within the jurisdiction of a local government not participating as an independent contractor, the certified installer, upon completion of the installation in accordance with this part 33 and board rules, shall affix on the manufactured home or tiny home an installation insignia issued by the division.
(2.5) The division or independent contractor will affix an installation insignia
upon passing an inspection of an installation that was completed in accordance with the requirements of this part 33 and board rules. A local government participating as an independent contractor is to authorize, inspect, and certify all installations occurring in its jurisdiction on behalf of the division, including any performed by a certified installer.
(2.7) Any installations certified on behalf of the division by a certified
installer or independent contractor must be reported to the division in a manner specified by the division.
(2.9) The division or an independent contractor at the request of the division
may, at the division's sole discretion, inspect an installation performed by a certified installer and may require the certified installer to correct, within a period established by rule promulgated by the board, any defects or deficiencies in the installation. The division may revoke the certification of any installer when, in the judgment of the division, the installer has performed an installation in violation of this part 33 or board rules adopted under this part 33. Any installer whose certification has been so revoked may apply for recertification in accordance with rules promulgated by the division.
(3) (a) The division may fine a registered installer or suspend or revoke the
registration of a registered installer if the installer fails to:
(I) Comply with the registration requirements of section 24-32-3315; or
(II) Otherwise pay to the owner or occupant of a manufactured home or tiny
home:
(A) The cost of an inspection that fails to meet the requirements of the
manufacturer's instructions or the standards promulgated by the division or any subsequent required inspection;
(B) The cost of any subsequent repairs that are necessary to bring the
installation into compliance with the manufacturer's instructions or the standards promulgated by the division; or
(C) A refund of any money paid up front that did not result in a complete
installation by the installer or that was used to pay a different registered installer to complete the installation.
(b) (I) A financial institution or authorized insurer is required to make
payment to the division when the division makes a claim against the letter of credit, certificate of deposit, or surety bond:
(A) If a court of competent jurisdiction has rendered a final judgment in favor
of the division based on a finding that the registered installer failed to perform on the installation as required by this part 33 or board rules; or
(B) If the registered installer ceases business operations or files for
bankruptcy.
(II) The division may suspend or revoke the registration of any installer who
fails to provide a letter of credit, certificate of deposit, or surety bond as required by section 24-32-3315 (2) and (6) or who otherwise fails to pay any judgment by a court of competent jurisdiction in favor of the division.
(c) The division may also take enforcement action on the registration of an
installer for failing to comply with any other installation requirements contained in this part 33 and any board rules.
(4) An owner or a registered installer must display an installation
authorization at the site at which a manufactured home or tiny home is to be installed until an installation insignia is issued by the division or independent contractor, unless the installation is occurring in a jurisdiction where a local government is participating as an independent contractor. If the local government is an independent contractor, the owner or registered installer shall follow the local government's process for identifying a manufactured home or tiny home to be installed until the division's installation insignia is issued by the local government.
(5) (a) The division shall adopt rules that specify a standard form to be used
statewide by the division or an independent contractor as a certificate of installation certifying that a manufactured home or tiny home was installed in compliance with this part 33. However, the certificate of installation applies only to an installation of a manufactured home or of a tiny home. The certificate of installation must include the following:
(I) The name, address, and telephone number of the division;
(II) The date the installation was completed; and
(III) The name, address, telephone number, and registration number of the
registered installer who performed the installation.
(b) If a vacant manufactured home or tiny home fails an installation
inspection because of conditions that endanger the health or safety of the occupant, the manufactured home or tiny home cannot be occupied until the defects or deficiencies that form the basis of the failed inspection are corrected. If a manufactured home or tiny home fails an installation inspection because of conditions that do not endanger the health or safety of the occupant, the manufactured home or tiny home may be occupied pending the correction of those defects or deficiencies that served as the basis of the failed inspection.
(6) In addition to inspections performed pursuant to subsection (2.9) of this
section, the division or the independent contractor that performs inspections and enforcement of proper installations may inspect an installation upon request filed by the owner, installer, manufacturer, or seller. The party requesting the inspection must pay for the inspection.
(7) If an installation fails the inspection conducted by the division or the
independent contractor and the division or the independent contractor determines that the installer has failed to comply with the manufacturer's instructions or violated any of the installation standards promulgated by the division, the installer shall reimburse the party requesting the inspection for the cost of the failed inspection and pay for any subsequent repairs necessary to bring the installation into compliance with the manufacturer's instructions or standards promulgated by the division. The installer shall also pay for any subsequent inspections required by the division or the independent contractor. Failure of the installer to pay for any inspections or subsequent repairs deemed necessary by the division or the independent contractor results in the forfeiture of the installer's performance bond on behalf of the owner.
(8) (a) The division may authorize an independent contractor to perform
inspections and enforcement of proper installations.
(b) (I) The division shall provide training for independent contractors to
perform installation inspections. The training must enable independent contractors who successfully complete the training to be certified by the division. Independent contractors must be certified by the division to perform installation inspections.
(II) The division may accept gifts, grants, or donations for the training of
independent contractors. The division shall transmit any gifts, grants, or donations it receives to the state treasurer for deposit in the building regulation fund created in section 24-32-3309.
(c) The division shall establish by rule the qualifications of an inspector and
the areas of expertise necessary for inspecting manufactured homes or tiny homes. A new inspector must pass a division-approved installation test. The qualifications for an inspector include those of a professional civil engineer, local housing inspector, or independent contractor. Inspectors shall also complete and maintain records of the completion of division-approved education as established by the board by rule.
(9) If an installation or subsequent repair of an installation fails to comply
with the manufacturer's instructions or meet the standards promulgated by the division within a period determined by the division, the division shall investigate the actions of the installer. The division may revoke, suspend, or refuse to renew the registration or certification of the installer for failing to comply with the manufacturer's instructions or the division's standards regarding an installation. Any independent contractor that knows of an installer whose installations have failed inspection and have not been cured by subsequent repair shall request that the division investigate the installer.
(10) The board shall adopt rules concerning:
(a) A standard installer inspection form to be used statewide by the division
or an independent contractor that performs manufactured home installation inspection and enforcement activities;
(b) Certification requirements for independent contractors to use to inspect
installations;
(c) Proper installation inspection and enforcement standards;
(d) A standard certificate of installation to be used statewide by the division;
and
(e) Any other matter necessary for the implementation of the installation
requirements in this part 33.
Source: L. 2003: Entire part added, p. 542, � 2, effective March 5. L. 2007:
IP(5)(a) amended, p. 435, � 3, effective August 3. L. 2008: (8) amended, p. 1740, � 4, effective June 2. L. 2009: (6) amended, (HB 09-1171), ch. 95, p. 361, � 2, effective April 3. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 476, � 18, effective September 7. L. 2022: (1), (2), (2.3), (2.9), IP(3)(a), IP(3)(a)(II), (3)(a)(II)(C), (3)(b), (4), IP(5)(a), (5)(b), (6), (7), (8), (9), IP(10), and (10)(e) amended, (HB 22-1242), ch. 172, p. 1126, � 14, effective August 10.
C.R.S. § 24-33-104
24-33-104. Composition of the department. (1) The department of natural resources consists of the following commissions, divisions, boards, offices, and councils:
(a) The Colorado water conservation board;
(b) (Deleted by amendment, L. 2000, p. 556, � 4, effective July 1, 2000.)
(c) The state board of land commissioners, subject to the provisions of
sections 9 and 10 of article IX of the state constitution;
(d) The division of reclamation, mining, and safety, the head of which shall be
the director of the division of reclamation, mining, and safety. The director of the division shall also serve as the head of the office of active and inactive mines or the office of mined land reclamation. The director of the division shall have professional and supervisory experience in mining, reclamation, oil and gas, geology, or natural resource planning and management and shall have a college degree from an accredited college or university in mining engineering, petroleum engineering, geological engineering, geology, or related natural/physical sciences, or mineral economics. The division shall consist of the following sections:
(I) (Deleted by amendment, L. 92, p. 1919, � 3, effective July 1, 1992.)
(II) The office of active and inactive mines;
(III) and (IV) Repealed.
(V) The office of mined land reclamation.
(VI) (Deleted by amendment, L. 2005, p. 1463, � 2, effective July 1, 2005.)
(VII) Repealed.
(e) The division of water resources, the head of which is the state engineer.
The division consists of the following sections:
(I) The office of the state engineer;
(II) The division engineers;
(III) The ground water commission;
(IV) The state board of examiners of water well and ground heat exchanger
contractors.
(V) Repealed.
(f) The energy and carbon management commission created in section 34-60-104.3 (1);
(g) Repealed.
(h) The division of parks and wildlife and the parks and wildlife commission;
(i) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1383, � 4,
effective July 1, 2011.)
(j) (Deleted by amendment, L. 92, p. 1919, � 3, effective July 1, 1992.)
(k) The division of forestry.
(2) Repealed.
Source: L. 57: p. 124, � 2. CRS 53: � 3-15-4. L. 63: p. 140, � 1. C.R.S. 1963: � 3-15-4. L. 67: pp. 697, 838, �� 13, 2. L. 68: p. 128, � 141. L. 69: p. 867, � 3. L. 72: p. 321,
� 1. L. 75: (1)(d)(III) repealed, p. 216, � 48, effective July 16. L. 77: (1)(d)(IV) repealed and IP(1)(d) and (1)(d)(II) amended, pp. 282, 1130, �� 37, 38, 2, effective July 1. L. 81: (1)(d)(II) amended, p. 1665, � 18, effective June 30. L. 87: (1)(e)(IV) amended, p. 1581, � 36, effective July 10. L. 88: (1)(d)(I) amended, p. 1199, � 8, effective May 3; (1)(j) added and (2) repealed, p. 1215, �� 15, 16, effective July 1. L. 91: (1)(e)(V) repealed, p. 885, � 7, effective June 5. L. 92: (1)(d), (1)(g), and (1)(j) amended, p. 1919, � 3, effective July 1. L. 2000: (1)(b) amended and (1)(k) added, p. 556, � 4, effective July 1. L. 2003: (1)(d)(VII) repealed, p. 1961, � 5, effective May 22. L. 2005: (1)(d)(VI) and (1)(g) amended, p. 1463, � 2, effective July 1. L. 2006: IP(1)(d) amended, p. 213, � 2, effective August 7. L. 2010: (1)(k) amended, (HB 10-1223), ch. 41, p. 165, � 3, effective August 11. L. 2011: IP(1), (1)(h), and (1)(i) amended, (SB 11-208), ch. 293, p. 1383, � 4, effective July 1. L. 2012: IP(1) and (1)(h) amended, (HB 12-1317), ch. 248, p. 1203, � 7, effective June 4; (1)(g) amended, (HB 12-1355), ch. 247, p. 1196, � 4, effective June 4. L. 2023: (1)(f) amended, (SB 23-285), ch. 235, p. 1253, � 23, effective July 1. L. 2025: IP(1)(e) and (1)(e)(IV) amended, (HB 25-1165), ch. 257, p. 1321, � 30, effective August 6.
Editor's note: (1) Subsections (1)(d)(III) and (1)(d)(IV) were repealed July 16,
1975, and June 29, 1977, respectively, prior to the entire subsection (1)(d) being amended July 1, 1992.
(2) Subsection (1)(g)(II) provided for the repeal of subsection (1)(g), effective
January 31, 2013. (See L. 2012, p. 1196.)
Cross references: For the legislative declaration in the 2011 act amending
the introductory portion to subsection (1) and subsections (1)(h) and (1)(i), see section 1 of chapter 293, Session Laws of Colorado 2011. For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.
C.R.S. § 24-34-104
24-34-104. General assembly review of regulatory agencies and functions for repeal, continuation, or reestablishment - legislative declaration - repeal - legislative declaration. (1) (a) The general assembly finds that state government actions have produced a substantial increase in numbers of agencies, growth of programs, and proliferation of rules and that the process developed without sufficient legislative oversight, regulatory accountability, or a system of checks and balances. The general assembly further finds that regulatory agencies tend to become unnecessarily restrictive. The general assembly further finds that, by establishing a system for the repeal, continuation, or reestablishment of regulatory agencies and by providing for the analysis and evaluation of regulatory agencies to determine the least restrictive regulation consistent with the public interest, the general assembly will be in a better position to evaluate the need for the continued existence of existing and future regulatory bodies.
(b) It is the intent of the general assembly that the system set forth in this
section for repeal, continuation, or reestablishment of agencies in the department of regulatory agencies be extended to the functions of certain specified agencies and to certain specified boards, thereby providing for the review of these functions and boards in the most cost-effective manner.
(2) (a) The divisions in the department of regulatory agencies, the boards and
agencies in the division of professions and occupations, and the functions of the specified agencies and the specified boards will repeal according to the repeal schedule outlined in this section. A requirement for periodic reports to the general assembly will expire as set forth in section 24-1-136 (11) and is treated as a function of an agency for purposes of this section except as otherwise provided in this section.
(b) Upon repeal, an agency continues in existence, or, in the case of the
repeal of a function, the function continues to be performed, until the date that is one year after the specified repeal date for the purpose of winding up affairs. During the wind-up period, the repeal does not reduce or otherwise limit the powers or authority of the agency; except that a license issued or renewed during the wind-up period expires at the end of the period and original license and renewal fees are prorated accordingly. Upon the expiration of one year after the repeal, the agency shall cease all activities or, in the case of the repeal of a function, the function must cease. When a license issued or renewed before repeal is scheduled to expire after the cessation of activities, the license expires at the end of the wind-up period, and the agency shall refund the portion of the license fee paid that is attributable to the period following the cessation of activities. Any criminal penalty for engaging in a profession or activity without being licensed is not enforceable with respect to activities that occur after an agency has ceased its activities pursuant to this section.
(c) As used in this section, unless the context otherwise requires, agency
includes a division or board within an agency that is subject to review pursuant to this section.
(3) If the state constitution imposes powers, duties, or functions on an
agency or officer that is subject to the provisions of this section and the agency or officer is repealed and the general assembly does not designate another agency or officer to exercise the powers or perform the duties and functions, the agency or officer continues in existence, after the one-year wind-up period, under the principal department as if the agency or officer were transferred to the department by a type 2 transfer, as defined in section 24-1-105, until the general assembly otherwise designates.
(4) The existence of a newly created agency or function in the department of
regulatory agencies may not exceed ten years and is subject to the provisions of this section. The general assembly may continue or reestablish the existence of an agency or function that is scheduled for repeal under this section for up to fifteen years. The general assembly, acting by bill, may reschedule the repeal date for an agency or function to a later date if the rescheduled date does not violate the appropriate maximum life provision described in this subsection (4).
(5) (a) The department of regulatory agencies shall analyze and evaluate the
performance of each agency or function scheduled for repeal under this section. In conducting the analysis and evaluation, the department of regulatory agencies shall take into consideration, but need not be limited to considering, the factors listed in paragraph (b) of subsection (6) of this section. The department of regulatory agencies shall submit a report and supporting materials to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal and shall make a copy of the report available to each member of the general assembly.
(b) The department of regulatory agencies shall submit its report to the
office of legislative legal services for the preparation of draft legislation based solely on specific recommendations for legislation set forth in the report. The department of regulatory agencies shall submit the report to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal. The office of legislative legal services shall prepare the draft legislation before the next regular session of the general assembly for the committee of reference designated in section 2-3-1201, C.R.S., and shall submit the report from the department of regulatory agencies to the designated committee of reference. The designated committee of reference shall determine the title of the legislation drafted pursuant to this paragraph (b).
(c) This subsection (5) is exempt from the provisions of section 24-1-136 (11),
and the periodic reporting requirement of this subsection (5) remains in effect until changed by the general assembly acting by bill.
(6) (a) Before the repeal, continuation, or reestablishment of an agency or
function, a legislative committee of reference designated in section 2-3-1201, C.R.S., shall hold public hearings to receive testimony from the public, the executive director of the department of regulatory agencies, and the agencies involved. In the hearing, each agency has the burden of demonstrating that there is a public need for the continued existence of the agency or function and that its regulation is the least restrictive regulation consistent with the public interest.
(b) In the hearings, the determination as to whether an agency has
demonstrated a public need for the continued existence of the agency or function and for the degree of regulation it practices is based on the following factors, among others:
(I) Whether regulation or program administration by the agency is necessary
to protect the public health, safety, and welfare;
(II) Whether the conditions that led to the initial creation of the program have
changed and whether other conditions have arisen that would warrant more, less, or the same degree of governmental oversight;
(III) If the program is necessary, whether the existing statutes and
regulations establish the least restrictive form of governmental oversight consistent with the public interest, considering other available regulatory mechanisms;
(IV) If the program is necessary, whether agency rules enhance the public
interest and are within the scope of legislative intent;
(V) Whether the agency operates in the public interest and whether its
operation is impeded or enhanced by existing statutes, rules, procedures, and practices and any other circumstances, including budgetary, resource, and personnel matters;
(VI) Whether an analysis of agency operations indicates that the agency or
the agency's board or commission performs its statutory duties efficiently and effectively;
(VII) Whether the composition of the agency's board or commission
adequately represents the public interest and whether the agency encourages public participation in its decisions rather than participation only by the people it regulates;
(VIII) Whether regulatory oversight can be achieved through a director
model;
(IX) The economic impact of the program and, if national economic
information is not available, whether the agency stimulates or restricts competition;
(X) If reviewing a regulatory program, whether complaint, investigation, and
disciplinary procedures adequately protect the public and whether final dispositions of complaints are in the public interest or self-serving to the profession or regulated entity;
(XI) If reviewing a regulatory program, whether the scope of practice of the
regulated occupation contributes to the optimum use of personnel;
(XII) Whether entry requirements encourage equity, diversity, and inclusivity;
(XIII) If reviewing a regulatory program, whether the agency, through its
licensing, certification, or registration process, imposes any sanctions or disqualifications on applicants based on past criminal history and, if so, whether the sanctions or disqualifications serve public safety or commercial or consumer protection interests. To assist in considering this factor, the analysis prepared pursuant to subsection (5)(a) of this section must include data on the number of licenses, certifications, or registrations that the agency denied based on the applicant's criminal history, the number of conditional licenses, certifications, or registrations issued based upon the applicant's criminal history, and the number of licenses, certifications, or registrations revoked or suspended based on an individual's criminal conduct. For each set of data, the analysis must include the criminal offenses that led to the sanction or disqualification.
(XIV) Whether administrative and statutory changes are necessary to
improve agency operations to enhance the public interest.
(c) A legislative committee of reference that conducts a review pursuant to
paragraph (a) of this subsection (6) shall determine whether an agency or function should be repealed, continued, or reestablished and whether its functions should be revised and, if advisable, may recommend the consideration of a proposed bill to carry out its recommendations.
(d) (I) If a legislative committee of reference recommends a bill for
consideration pursuant to paragraph (c) of this subsection (6), the bill must be introduced in the house of representatives in even-numbered years and in the senate in odd-numbered years. The chair of each legislative committee of reference that recommends a bill for consideration shall assign the proposed bill for sponsorship as follows:
(A) To one or more of the members of the committee of reference; or
(B) To one or more of the members of the general assembly who are not
members of the committee of reference if a majority of the committee's members vote to approve the sponsorship.
(II) A member of the general assembly may not sponsor more than two bills
introduced pursuant to this subsection (6) in a single legislative session.
(III) After consulting with the minority leader of the house of representatives
and the senate, respectively, and receiving permission from the representative or senator to be added as the bill sponsor:
(A) The speaker of the house of representatives shall assign the proposed
bill to a representative for sponsorship in the house of representatives in odd-numbered years; and
(B) The president of the senate shall assign the proposed bill to a senator for
sponsorship in the senate in even-numbered years.
(e) A bill recommended for consideration by a committee of reference
pursuant to paragraph (c) of this subsection (6) does not count against the number of bills to which members of the general assembly are limited by law or joint rule of the senate and house of representatives.
(f) Before the repeal, continuation, reestablishment, or revision of an
agency's functions, a committee of reference in each house of the general assembly designated by section 2-3-1201, C.R.S., shall hold a public hearing to consider the report from the department of regulatory agencies and any bill recommended for consideration pursuant to paragraph (c) of this subsection (6). The hearing must include the factors and testimony set forth in paragraph (b) of this subsection (6).
(7) (a) Pursuant to the process established in this section, a committee of
reference may not continue, reestablish, or amend the functions of more than one division, board, or agency in any one bill for an act, and the title of the bill must include the name of the division, board, or agency. This paragraph (a) does not apply to requirements for periodic reports to the general assembly.
(b) This section shall not cause the dismissal of a claim or right of a person
through or against an agency, or a claim or right of an agency, that has ceased its activities pursuant to this section, which claim is or may be subject to litigation. A person may pursue a claim or right through or against the department of regulatory agencies, the agency that performed the repealed function, or, in the case of a repealed board that is not in the department of regulatory agencies, the specified department in which the board is located. The claims and rights of an agency that has ceased its activities shall be assumed by the department of regulatory agencies, the agency that performed the repealed function, or the specific department.
(c) This section does not affect the general assembly's authority to
otherwise consider legislation affecting a division, board, agency, or similar body.
(8) If an agency or function repeals pursuant to the provisions of this section
and the general assembly reestablishes the agency or function during the wind-up period with substantially the same powers, duties, and functions, the agency or function continues.
(9) The purpose of this section is to provide a listing of the divisions, boards,
agencies, and functions that are subject to review and scheduled for repeal. The provisions of this section do not effectuate the repeal of a statute; the provisions that effectuate the repeal of a statute creating or governing an agency or function are set forth in the substantive statute that creates the agency or function. The repeal provision in a substantive statute does not invalidate the wind-up period allowed by subsection (2) of this section or the provisions of subsection (3) of this section.
(10) to (24) Repealed.
(25) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2024:
(I) to (VI) Repealed.
(VII) The evidential breath-testing cash fund created in section 42-4-1301.1
(9);
(VIII) to (XII) Repealed.
(XIII) (Deleted by amendment, L. 2024).
(XIV) to (XX) Repealed.
(XXI) The harm reduction grant program created in section 25-20.5-1101.
(XXII) Repealed.
(b) This subsection (25) is repealed, effective September 1, 2026.
(26) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2025:
(I) to (IX) Repealed.
(X) Reserved.
(XI) to (XIII) Repealed.
(b) This subsection (26) is repealed, effective September 1, 2027.
(27) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2026:
(I) The regulation of barbers, hairstylists, cosmetologists, estheticians, nail
technicians, and registered places of business under section 12-105-112 by the director of the division of professions and occupations in accordance with article 105 of title 12;
(II) The division of securities created in section 11-51-701, C.R.S.;
(III) The securities board created in section 11-51-702.5, C.R.S.;
(IV) The registration and regulation of vessels by the department of natural
resources in accordance with article 13 of title 33, C.R.S.;
(V) The office of combative sports, including the Colorado combative sports
commission, created in article 110 of title 12;
(VI) The division of real estate, including the real estate commission, created
in part 2 of article 10 of title 12, and its functions under parts 2, 3, and 5 of article 10 of title 12;
(VII) The regulation of professional cash-bail agents and cash-bonding
agents in accordance with article 23 of title 10;
(VIII) The Colorado podiatry board created in article 290 of title 12;
(IX) The biomass utilization grant program implemented by the state forest
service pursuant to section 23-31-317;
(X) The cold case task force created in section 24-33.5-109;
(XI) The record-keeping, licensing, and central registry functions of the
behavioral health administration in the department of human services relating to substance use disorder treatment programs under which controlled substances are compounded, administered, or dispensed in accordance with part 2 of article 80 of title 27;
(XII) The licensing of pet animal facilities by the commissioner of agriculture
in accordance with article 80 of title 35;
(XIII) The fire suppression programs of the division of fire prevention and
control created in sections 24-33.5-1204.5, 24-33.5-1206.1, 24-33.5-1206.2, 24-33.5-1206.3, 24-33.5-1206.4, 24-33.5-1206.5, 24-33.5-1206.6, and 24-33.5-1207.6;
(XIV) The Colorado medical board created in article 240 of title 12;
(XV) The regulation of dialysis treatment clinics and hemodialysis
technicians in accordance with section 25-1.5-108;
(XVI) The Colorado public utilities commission created in article 2 of title 40;
(XVII) The legal requirements pertaining to home warranty service contracts
under part 9 of article 10 of title 12.
(XVIII) and (XIX) Repealed.
(b) This subsection (27) is repealed, effective September 1, 2028.
(28) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2027:
(I) The regulation of motor vehicle and powersports vehicle sales by the
motor vehicle dealer board and the director of the auto industry division, under the supervision of the executive director of the department of revenue, in accordance with parts 1, 2, 3, and 4 of article 20 of title 44;
(II) The Colorado civil rights division, including the Colorado civil rights
commission, created in part 3 of this article 34;
(III) The state board of nursing created in article 255 of title 12;
(IV) The state board of nursing created in article 255 of title 12 and the
functions of the board, including the functions related to the certification of nurse aides;
(V) The regulation of radon professionals licensed in accordance with article
165 of title 12;
(VI) The justice reinvestment crime prevention initiative created in section
24-32-120;
(VII) The use of digital number plates by the owner of a registered vehicle
pursuant to section 42-3-201 (8);
(VIII) The domestic violence offender management board created in section
16-11.8-103;
(IX) The certification of persons in connection with the control of asbestos in
accordance with part 5 of article 7 of title 25;
(X) The wildfire mitigation incentives for local government grant program
created in section 23-31-318 (2).
(b) This subsection (28) is repealed, effective September 1, 2029.
(29) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2028:
(I) The licensing of landscape architects in accordance with article 130 of
title 12;
(II) The administration of the Colorado Fair Debt Collection Practices Act
by the administrator of the Uniform Consumer Credit Code, articles 1 to 9 of title 5, in accordance with article 16 of title 5;
(III) The issuance of licenses and certificates related to measurement
standards by the commissioner of agriculture and the department of agriculture in accordance with article 14 of title 35;
(IV) The functions of the underground damage prevention safety commission
related to underground facilities specified in sections 9-1.5-104.2, 9-1.5-104.4, 9-1.5-104.7, and 9-1.5-104.8;
(V) The functions of the commissioner of agriculture related to seed
potatoes under article 27.3 of title 35;
(VI) In-home support services established in part 12 of article 6 of title 25.5;
(VII) The licensing of river outfitters through the parks and wildlife
commission and the division of parks and wildlife in accordance with article 32 of title 33;
(VIII) The functions of the department of public health and environment
relating to the licensing of home care agencies and the registering of home care placement agencies in accordance with article 27.5 of title 25;
(IX) The medical marijuana program created in section 25-1.5-106;
(X) and (XI) Repealed.
(XII) The Colorado Marijuana Code, article 10 of title 44;
(XIII) The administration of the Michael Skolnik Medical Transparency Act
of 2010 by the director of the division of professions and occupations in accordance with section 12-30-102;
(XIV) The registration of surgical assistants and surgical technologists
pursuant to article 310 of title 12;
(XV) The registration of direct-entry midwives by the division of professions
and occupations in accordance with article 225 of title 12;
(XVI) Notwithstanding subsection (7)(a) of this section, the office of the
utility consumer advocate and the utility consumers' board created in article 6.5 of title 40;
(XVII) The community crime victims grant program created in section 25-20.5-801;
(XVIII) The grant program to provide funding to eligible community-based
organizations that provide reentry services to people on parole or inmates transitioning through community corrections described in section 17-33-101 (7);
(XIX) The regulation of nursing home administrators by the board of
examiners of nursing home administrators in accordance with article 265 of title 12;
(XX) The sex offender management board created in section 16-11.7-103.
(b) This subsection (29) is repealed, effective September 1, 2030.
(30) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2029:
(I) The automobile theft prevention authority and the automobile theft
prevention board created in section 42-5-112;
(II) The licensing of mortgage loan originators and the registration of
mortgage companies in accordance with part 7 of article 10 of title 12;
(III) The regulation of persons working in coal mines by the department of
natural resources through the coal mine board of examiners in accordance with article 22 of title 34;
(IV) The Colorado state board of chiropractic examiners created in article
215 of title 12;
(V) The registration of naturopathic doctors in accordance with article 250 of
title 12;
(VI) Notwithstanding subsection (7)(a) of this section, the functions of the
boards specified in article 245 of title 12 relating to the licensing, registration, or certification of and grievances against a person licensed, registered, or certified pursuant to article 245 of title 12;
(VII) The regulation of preneed funeral contracts in accordance with article
15 of title 10;
(VIII) The direct care workforce stabilization board created in article 7.5 of
title 8;
(IX) The assistance program for disability benefits under article 88 of title 8;
(X) The functions of the director of the division of professions and
occupations related to the registration of funeral establishments specified in section 12-135-110 and crematories specified in section 12-135-303 and to the title protections specified in sections 12-135-111 and 12-135-304.
(b) This subsection (30) is repealed, effective September 1, 2031.
(31) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2030:
(I) The functions of the division of insurance in the department of regulatory
agencies specified in article 1 of title 10, other than the functions of the division related to the licensing of bail bonding agents and the regulation of preneed funeral contracts;
(II) The state board of accountancy created in article 100 of title 12;
(III) The passenger tramway safety board created in section 12-150-104;
(IV) The functions of professional review committees specified in article 30
of title 12;
(V) The licensing of occupational therapists and occupational therapy
assistants in accordance with article 270 of title 12;
(VI) The state board of pharmacy and the regulation of the practice of
pharmacy in accordance with parts 1 to 3, 5, and 6 of article 280 of title 12;
(VII) The functions of the circular economy development center created in
section 25-17-602;
(VIII) Human trafficking prevention training pursuant to section 24-33.5-523;
(IX) The veterans one-stop center, known as the western region one
source, established pursuant to section 28-5-713;
(X) The Colorado produced water consortium created in section 34-60-135
(2)(a);
(XI) The functions of the banking board and the state bank commissioner
related to money transmitters specified in article 110 of title 11;
(XII) The functions of the broadband office in administering the broadband
deployment grant program created in section 24-37.5-905;
(XIII) The regulation of towing carriers by the public utilities commission
under part 4 of article 10.1 of title 40;
(XIV) The HOA information and resource center created in section 12-10-801;
(XV) The rural alcohol and substance abuse prevention and treatment
program created pursuant to section 27-80-117 in the behavioral health administration in the department of human services;
(XVI) The motorcycle operator safety training program created in part 5 of
article 5 of title 43.
(b) This subsection (31) is repealed, effective September 1, 2032.
(32) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2031:
(I) The registration functions of the commissioner of agriculture specified in
article 27 of title 35;
(II) The licensing of egg dealers in accordance with article 21 of title 35;
(III) The water and wastewater facility operators certification board created
in section 25-9-103;
(IV) The licensing of hearing aid providers by the division of professions and
occupations in accordance with article 230 of title 12;
(V) The licensing of audiologists by the division of professions and
occupations in accordance with article 210 of title 12;
(VI) The regulation of athletic trainers by the director of the division of
professions and occupations in the department of regulatory agencies in accordance with article 205 of title 12;
(VII) The licensure of massage therapists by the director of the division of
professions and occupations in accordance with article 235 of title 12;
(VIII) The board of real estate appraisers created in part 6 of article 10 of title
12;
(IX) The regulation of conveyances and conveyance mechanics, contractors,
and inspectors by the director of the division of oil and public safety within the department of labor and employment in accordance with article 5.5 of title 9;
(X) The Colorado prescription drug affordability review board created in
section 10-16-1402;
(XI) The rule-making function of the executive director of the department of
early childhood pursuant to section 26.5-1-105 (1);
(XII) Repealed.
(XIII) The regulation of mortuary science professionals pursuant to parts 1, 4,
and 5 to 9 of article 135 of title 12;
(XIV) The veterans assistance grant program created in section 28-5-712;
(XV) The licensing of bingo and other games of chance through the secretary
of state and the functions of the Colorado charitable gaming board as specified in part 6 of article 21 of this title 24.
(b) This subsection (32) is repealed, effective September 1, 2033.
(33) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2032:
(I) The state electrical board created in article 23 of title 12;
(II) The workers' compensation classification appeals board created in article
55 of title 8;
(III) The responsible gaming grant program created in section 44-30-1702;
(IV) The regulation of the custom processing of meat animals by the
department of agriculture in accordance with article 33 of title 35;
(V) The division of racing events, including the Colorado racing commission,
created in article 32 of title 44;
(VI) The appointment of notaries public through the secretary of state in
accordance with part 5 of article 21 of this title 24;
(VII) The Natural Medicine Health Act of 2022, article 170 of title 12;
(VIII) The Colorado Natural Medicine Code, article 50 of title 44;
(IX) The state plumbing board created in article 155 of title 12;
(X) The licensing and regulation of persons by the department of agriculture
in accordance with article 36 of title 35.
(b) This subsection (33) is repealed, effective September 1, 2034.
(34) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2033:
(I) The issuance of permits for specific weather modification operations
through the executive director of the department of natural resources in accordance with article 20 of title 36;
(II) The authority of the director of the division of workers' compensation to
impose fines on employers pursuant to section 8-43-409 (1.5) for failure to carry workers' compensation insurance;
(III) The regulation of speech-language pathologists and speech-language
pathology assistants by the director of the division of professions and occupations in accordance with article 305 of title 12;
(IV) The licensing of persons who practice acupuncture by the director of the
division of professions and occupations in accordance with article 200 of title 12;
(V) The state board of veterinary medicine created in article 315 of title 12;
(VI) The state board of optometry created in article 275 of title 12;
(VII) The division of gaming created in part 2 of article 30 of title 44;
(VIII) The closed landfill remediation grant program and the closed landfill
remediation grant program advisory committee created in section 30-20-124;
(IX) The regulation of nontransplant tissue banks by the director of the
division of professions and occupations in the department of regulatory agencies pursuant to section 12-140-103;
(X) The state board of licensure for architects, professional engineers, and
professional land surveyors in the department of regulatory agencies created in section 12-120-103;
(XI) The division of financial services created in article 44 of title 11;
(XII) The division of banking and the banking board created in article 102 of
title 11;
(XIII) The behavioral health first aid training program created in section 25-1.5-113.5.
(b) This subsection (34) is repealed, effective September 1, 2035.
(35) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2034:
(I) The regulation of produce safety on farms by the commissioner of
agriculture in accordance with article 77 of title 35;
(II) The licensing and regulation of psychiatric technicians by the state board
of nursing in accordance with article 295 of title 12;
(III) The licensing of public livestock markets in accordance with article 55 of
title 35;
(IV) The air quality enterprise created by section 25-7-103.5;
(V) The regulation of the application of pesticides by the commissioner of
agriculture in accordance with article 10 of title 35;
(VI) The regulation of outfitters by the director of the division of professions
and occupations in accordance with article 145 of title 12;
(VII) The functions of the department of public health and environment
regarding community integrated health-care service agencies pursuant to part 13 of article 3.5 of title 25;
(VIII) The Colorado dental board created in article 220 of title 12.
(b) This subsection (35) is repealed, effective September 1, 2036.
(36) (a) The following agencies, functions, or both are scheduled for repeal
on September 1, 2035:
(I) The licensing and regulation of respiratory therapists by the division of
professions and occupations in the department of regulatory agencies in accordance with article 300 of title 12;
(II) The functions specified in part 2 of article 19 of title 5 of the
administrator designated pursuant to section 5-6-103 and the registration of debt-management service providers;
(III) The regulation of private occupational schools and their agents under
article 64 of title 23, including the functions of the private occupational school division created in section 23-64-105, and the private occupational school board created in section 23-64-107;
(IV) The licensing of physical therapists by the physical therapy board in
accordance with part 1 of article 285 of title 12;
(V) The certification of physical therapist assistants by the physical therapy
board in accordance with part 2 of article 285 of title 12;
(VI) The underfunded courthouse facility cash fund commission created in
part 3 of article 1 of title 13.
(b) This subsection (36) is repealed, effective September 1, 2037.
(37) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2036:
(I) The accreditation of health-care providers under the workers'
compensation system in accordance with section 8-42-101 (3.5) and (3.6);
(II) The Colorado fraud investigators unit created in part 17 of article 33.5 of
this title 24.
(b) This subsection (37) is repealed, effective September 1, 2038.
(38) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2037:
(I) The Colorado resiliency office created in section 24-32-121 and the
functions of the office described in section 24-32-122.
(b) This subsection (38) is repealed, effective September 1, 2039.
Source: For source information prior to 2016, go to
https://leg.colorado.gov/node/3083286. L. 2016: Entire section R&RE, (HB16-1192), ch. 83, p. 218, � 3, effective April 14; IP(47) amended, (47)(c) repealed,and (56)(d) added, (HB16-1168), ch. 93, p. 262, � 2, effective April 14; (47)(b) repealed and (54)(b) added,(HB16-1170), ch. 109, p. 312, � 2, effective April 15; (47.5)(h) amended, (SB16-189), ch. 210, p. 766, � 49, effective June 6; (56)(d) added, (SB16-069), ch. 260, p. 1071, � 5, effective June 8; (47)(d) repealed and (50.5)(o) added, (HB16-1261), ch. 338, p. 1378, � 12, effective June 10; IP(47.5) amended, (47.5)(d) repealed, and (54)(b)added, and (HB16-1232), ch. 336, p. 1367, � 2, effective June 10; (46)(k) repealed and (52.5)(f) added, (SB16-161), ch. 264, p. 1095, � 2, effective July 1; (47.5)(b) repealed and (52.5)(f) added, (HB16-1160), ch. 330, p. 1338, � 5, effective August 10; (47.5)(c) repealed and (56)(d) added, (HB16-1158), ch. 147, p. 442, � 2, effective August 10; (47.5)(c) repealed and (56)(d) added, (HB16-1159), ch. 148, p. 444, � 2, effective August 10; (47.5)(e) repealed, (57)(c)amended, and (57)(d) added, (HB16-1173), ch. 114, p. 323, � 1, effective August 10; (47.5)(f) repealed and (51.5)(j) added, (HB16-1345), ch. 347, p. 1417, � 4, effective August 10; (47.5)(h) repealed and (52.5)(f) added, (HB16-1360), ch. 350, p. 1422, � 2, effective August 10; (51.5)(j) added, (HB16-1404), ch. 358, p. 1494, � 2, effective August 10; (52.5)(f) added,(HB16-1157), ch. 79, p. 204, � 2, effective August 10. L. 2017: (12)(a)(VIII) repealed and (27)(a)(V) added, (SB17-148), ch. 183, p. 673, � 9, effective May 3; (12)(a)(IV) and (12)(a)(V) repealed, IP(25)(a) amended, and (25)(a)(XV) and (25)(a)(XVI) added, (SB17-232), ch. 233, p. 907, � 1, effective May 23; IP(17)(a), (17)(a)(XI), IP(26)(a), and (26)(a)(IV) amended, (SB17-242), ch. 263, p. 1321, � 178, effective May 25; (12)(a)(VII) repealed and (29) added, (SB17-216), ch. 285, p. 1577, � 1, effective June 1; (12)(a)(IX) repealed, IP(23)(a) amended, and (23)(a)(X) and (31) added, (SB17-249), ch. 283, p. 1543, � 1, effective June 1; (12)(a)(I) repealed and (29) added, (SB17-218), ch. 304, p. 1656, � 2, effective June 2; (12)(a)(VI) repealed, IP(27)(a) amended, and (27)(a)(VI) added, (SB17-215), ch. 282, p. 1534, � 4, effective June 30; (12)(a)(II) and (12)(a)(III) repealed and (28) added, (SB17-240), ch. 395, p. 2038, � 1, effective July 1; (13)(a)(IV) repealed, IP(19)(a) amended, and (19)(a)(XIII) added, (SB17-243), ch. 256, p. 1073, � 8, effective July 1; IP(22)(a) amended and (22)(a)(II) added, (HB17-1119), ch. 317, p. 1708, � 11, effective July 1; (12)(a)(VII) and (25)(a) amended, (HB17-1238), ch. 260, p. 1174, � 21, effective August 9; (13)(a)(I) repealed, IP(23)(a) amended, and (23)(a)(IX) added, (SB17-201), ch. 308, p. 1670, � 2, effective August 9; (13)(a)(II) repealed, IP(23)(a) amended, and (23)(a)(VIII) added, (SB17-108), ch. 146, p. 489, � 1, effective August 9; (13)(a)(III) repealed, IP(27)(a) amended, and (27)(a)(VII) added, (SB17-236), ch. 312, p. 1677, � 2, effective August 9; (13)(a)(V) repealed, IP(19)(a) amended, and (19)(a)(XII) added, (SB17-106), ch. 302, p. 1648, � 1, effective August 9; IP(18)(a) and (18)(a)(IV) amended, (SB17-225), ch. 262, p. 1246, � 6, effective August 9; IP(19)(a) amended and (19)(a)(XIV) added, (HB17-1326), ch. 394, p. 2035, � 7, effective August 9; IP(25)(a) and (25)(a)(X) amended, (HB17-1239), ch. 261, p. 1207, � 18, effective August 9; (25)(a)(II) amended, (SB17-226), ch. 159, p. 590, � 8, effective August 9; IP(14)(a) and IP(24)(a) amended and (24)(a)(IV) added, (SB17-132), ch. 207, p. 807, � 3, effective July 1, 2018; (14)(a)(VII)(B) added by revision, (SB17-132), ch. 207, pp. 807, 809, �� 3, 8, (SB17-294), ch. 264, p. 1418,� 121. L. 2018: (14)(a)(V) repealed, (HB18-1183), ch. 60, p. 607, � 1, effective March 22; (21)(a)(X) added, (HB18-1045), ch. 67, p. 624, � 6, effective March 22; (14)(a)(I) repealed, (HB18-1239), ch. 114, p. 810, � 1, effective April 12; (24)(a)(V) added, (HB18-1337), ch. 191, p. 1275, � 2, effective April 30; (24)(a)(X) added, (HB18-1409), ch. 244, p. 1514, � 3, effective May 24; (14)(a)(II) repealed, (HB18-1291), ch. 273, p. 1693, � 9, effective May 29; (29)(a)(II) amended, (HB18-1375), ch. 274, p. 1710, � 47, effective May 29; (15)(a)(VIII) repealed and (24)(a)(VII) added, (HB18-1176), ch. 321, p. 1927, � 3, effective May 30; (14)(a)(III) repealed and (29)(a)(III) added, (HB18-1146), ch. 377, p. 2282, � 1, effective June 6; (14)(a)(IV) repealed and (24)(a)(VI) added, (HB18-1235), ch. 208, p. 1339, � 1, effective July 1; (14)(a)(VI) repealed and (24)(a)(VIII) added, (HB18-1294), ch. 277, p. 1749, � 2, effective July 1; (14)(a)(VIII) repealed and (28)(a)(II) added, (HB18-1256), ch. 229, p. 1441, � 2, effective July 1; (15)(a)(I) repealed and (30) added,(HB18-1240), ch. 209, p. 1341, � 1, effective August 8; (15)(a)(IV) repealed and (34)added, (HB18-1147), ch. 166, p. 1139, � 1, effective August 8; (15)(a)(V) repealed and (30)added, (HB18-1174), ch. 282, p. 1761, � 1, effective August 8; (15)(a)(VI) repealed, (HB18-1237), ch. 165, p. 1137, � 1, effective August 8; (24)(a)(IX) added, (HB18-1309), ch. 269, p. 1659, � 2, effective August 8; (25)(a)(VI) amended and (25)(a)(XVII) added, (SB18-002), ch. 89, p. 715, � 5, effective August 8; (25)(a)(XII) amended, (HB18-1108), ch. 303, p. 1836, � 10, effective August 8; (25)(a)(XIII) amended, (SB18-234), ch. 332, p. 1999, � 4, effective August 8; (29)(a)(IV) added, (SB18-167), ch. 256, p. 1577, � 9, effective August 8; (15)(a)(II) and (15)(a)(III) repealed and (25)(a)(XVIII) and (25)(a)(XIX) added, (HB18-1155), ch. 315, p. 1897, � 3, effective September 1; (17)(a)(XIII) and (17)(a)(XV) amended, (HB18-1023), ch. 55, p. 588, � 17, effective October 1; (23)(a)(VII) amended, (SB18-034), ch. 14, p. 246, � 32, effective October 1; (24)(a)(II) amended, (HB18-1024), ch. 26, p. 323, � 15, effective October 1; (28)(a)(I) amended, (SB18-030), ch. 7, p. 139, � 10, effective October 1; (6)(b)(IX) amended, (HB18-1418), ch. 352, p. 2088, � 2, effective November 1. L. 2019: (19)(a)(XIV) repealed and (24)(a)(XI) added, (SB19-064), ch. 179, p. 2038, � 4, effective May 14; (23)(a)(XII) added, (HB19-1292), ch. 183, p. 2062, � 4, effective May 16; (26)(a)(VIII) added, (HB19-1233), ch. 194, p. 2123, � 8, effective May 16; (16)(a)(I) repealed and (31)(a)(III) added, (SB19-159), ch. 209, p. 2209, � 2, effective May 17; (16)(a)(II) repealed and (35)added, (SB19-150), ch. 241, p. 2369, � 1, effective May 20; (25)(a)(XX) added, (SB19-228), ch. 276, p. 2606, � 11, effective May 23; (17)(a)(I) repealed and (27)(a)(XVI) added, (SB19-236), ch. 359, p. 3290, � 2, effective May 30; (16)(a)(III) repealed and (35)added, (SB19-154), ch. 169, p. 1971, � 2, effective July 1; (16)(a)(IV) repealed and (31)(a)(II)added, (SB19-155), ch. 235, p. 2329, � 1, effective July 1; (16)(a)(V) repealed and (33) added,(SB19-156), ch. 346, p. 3198, � 1, effective July 1; (16)(a)(VI) repealed and (27)(a)(VIII) added, (SB19-153), ch. 369, p. 3376, � 1, effective July 1; (16)(a)(VII) repealed and (27)(a)(XIV) added, (SB19-193), ch. 406, p. 3586, � 3, effective July 1; (17)(a)(II) repealed and (29)(a)(V)added, (SB19-147), ch. 100, p. 363, � 1, effective August 2; (17)(a)(IV) repealed and (29)(a)(VII) added, (SB19-160), ch. 416, p. 3661, � 1, effective August 2; (17)(a)(V) repealed and (27)(a)(X)added, (SB19-163), ch. 213, p. 2221, � 2, effective August 2; (17)(a)(VI) repealed and (27)(a)(XV) added, (SB19-145), ch. 218, p. 2241, � 1, effective August 2; (17)(a)(VII) repealed and (31)(a)(IV) added, (SB19-234), ch. 181, p. 2050, � 1, effective August 2; (17)(a)(VIII) repealed and (27)(a)(XIII) added, (SB19-157), ch. 260, p. 2474, � 1, effective August 2; (17)(a)(IX) repealed and (27)(a)(XII) added, (SB19-158), ch. 409, p. 3605, � 1, effective August 2; (17)(a)(X) repealed and (29)(a)(VI) added, (SB19-164), ch. 371, p. 3385, � 2, August 2; (17)(a)(XI) repealed and (27)(a)(XI)added, (SB19-219), ch. 277, p. 2613, � 1, August 2; (17)(a)(XII) repealed and (29)(a)(VIII)added, (SB19-146), ch. 314, p. 2819, � 1, August 2; (17)(a)(XIII) and (17)(a)(XV) repealed and (29)(a)(X) and (29)(a)(XI) added, (SB19-224), ch. 315, p. 2823, � 3, effective August 2; (17)(a)(XIV) repealed and (29)(a)(IX) added, (SB19-218), ch. 343, p. 3188, � 3, effective August 2; (21)(a)(III) repealed, (SB19-254), ch. 336, p. 3090, � 1, effective August 2; (23)(a)(XI) added, (SB19-231), ch. 290, p. 2674, � 3, effective August 2; (24)(a)(XII) added, (HB19-1051), ch. 404, p. 3577, � 4, effective August 2; (25)(a)(XXI) added, (SB19-008), ch. 275, p. 2599, � 6, effective August 2; (35) added, (HB19-1114), ch. 74, p. 275, � 3, effective August 2; (16)(a)(I), (16)(a)(III),(16)(a)(IV), (16)(a)(V), (16)(a)(VI), (16)(a)(VII), (17)(a)(VII),(18)(a)(V), (18)(a)(VI), (19)(a)(I), (19)(a)(II), (19)(a)(III), (19)(a)(V), (19)(a)(VI),(19)(a)(VII), (19)(a)(VIII), (19)(a)(X), (19)(a)(XII), (20)(a)(II), (21)(a)(II), (21)(a)(IV),(21)(a)(VI), (21)(a)(VII), (21)(a)(VIII), (21)(a)(IX), (21)(a)(X), (23)(a)(I), (23)(a)(II),(23)(a)(IV), (23)(a)(V), (23)(a)(VI), (23)(a)(VIII), (24)(a)(VIII), (25)(a)(IV), (25)(a)(V),(25)(a)(XI), (25)(a)(XIII), (25)(a)(XVIII), (25)(a)(XIX), (26)(a)(I), (26)(a)(III),(27)(a)(I), (27)(a)(V), (27)(a)(VI), (29)(a)(I), and (30)(a)(II) amended, (HB19-1172), ch. 136, p. 1688, � 129, effective October 1; (21)(a)(II) amended, (HB19-1242), ch. 434, p. 3757, � 17, effective October 1; (29)(a)(XII) added, (SB19-224), ch. 315, p. 2939, � 22, effective January 1, 2020. L. 2020: (18)(a)(I) repealed and (30)(a)(III) added, (HB20-1208), ch. 119, p. 494, � 1, effective June 23; (27)(a)(XVII) added, (HB20-1214), ch. 122, p. 519, � 2, effective June 24; (18)(a)(II) repealed and (32)added, (HB20-1211), ch. 159, p. 711, � 1, effective June 29; (18)(a)(III) repealed and (32)added, (HB20-1184), ch. 145, p. 628, � 1, effective June 29; (18)(a)(IV) repealed and (26)(a)(XI) added, (HB20-1213), ch. 160, p. 715, � 1, effective June 29; (19)(a)(II) repealed and (26)(a)(IX) added, (HB20-1200), ch. 188, p. 860, � 1, effective June 30; (24)(a)(IX) repealed, (HB20-1418), ch. 197, p. 945, � 17, effective June 30; (18)(a)(V) repealed and (28)(a)(III) added, (HB20-1216), ch. 190, p. 864, � 3, effective July 1; (18)(a)(VI) repealed and (30)(a)(IV)added, (HB20-1210), ch. 158, p. 706, � 2, effective July 1; (19)(a)(I) repealed and (28)(a)(IV)added, (HB20-1183), ch. 157, p. 673, � 2, effective July 1; (35)(a)(IV) added, (SB20-204), ch. 192, p. 891, � 3, effective July 1; (19)(a)(XI) repealed, (HB20-1404), ch. 231, p. 1121, � 3, effective July 2; (19)(a)(XII) repealed and (30)(a)(V) added, (HB20-1212), ch. 228, p. 1113, � 2, effective July 2; (19)(a)(X) repealed, (HB20-1286), ch. 269, p. 1304, � 1, effective July 10; (19)(a)(IV) repealed and (32)added, (HB20-1215), ch. 273, p. 1335, � 1, effective July 11; (19)(a)(XIII) repealed and (26)(a)(XII) added, (HB20-1285), ch. 292, p. 1439, � 1, effective July 13; (19)(a)(III) repealed and (30)(a)(VI) added, (HB20-1206), ch. 304, p. 1524, � 2, effective July 14; (19)(a)(V) repealed and (32)added, (HB20-1219), ch. 300, p. 1491, � 2, effective September 1; (19)(a)(VI) repealed and (32) added, (HB20-1218), ch. 299, p. 1483, � 2, effective September 1; (19)(a)(VII) repealed and (31)(a)(V) added, (HB20-1230), ch. 274, p. 1338, � 2, effective September 14; (19)(a)(IX) repealed, (HB20-1217), ch. 93, p. 369, � 2, effective September 14; (21)(a)(IV) and (21)(a)(X)amended, (HB20-1056), ch. 64, p. 263, � 6, effective September 14. L. 2021: (20)(a)(I) repealed and (33)(a)(II) added, (SB21-096), ch. 30, p. 125, � 3, effective April 15; (27)(a)(XIX) added, (SB21-175), ch. 240, p. 1276, � 4, effective June 16; (24)(a)(XI) repealed and (28)(a)(VI) added, (HB21-1215), ch. 252, p. 1488, � 3, effective June 17; (25)(a)(XX) repealed, (SB21-137), ch. 362, p. 2381, � 27, effective June 28; (20)(a)(II) repealed, (SB21-098), ch. 285, p. 1692, � 5, effective July 1; (24)(a)(XIII) added, (HB21-1320), ch. 425, p. 2820, � 2, effective July 2; (25)(a)(VI) amended, (HB21-1109), ch. 489, p. 3510, � 1, effective July 7; (26)(a)(XIII) added, (HB21-1283), ch. 472, p. 3383, � 2, effective July 7; (21)(a)(I) repealed and (27)(a)(XVIII) added, (SB21-099), ch. 100, p. 402, � 2, effective September 1; (21)(a)(II) repealed and (31)(a)(VI) added, (SB21-094), ch. 314, p. 1923, � 2, effective September 1; (21)(a)(IV) and (21)(a)(X) repealed, (SB21-102), ch. 31, p. 126, � 1, effective September 1; (21)(a)(V) repealed and (29)(a)(XVI) added, (SB21-103), ch. 477, p. 3407, � 1, effective September 1; (21)(a)(VI) repealed and (29)(a)(XIII) added, (SB21-097), ch. 111, p. 438, � 1, effective September 1; (21)(a)(VII) repealed and (29)(a)(XV) added, (SB21-101), ch. 196, p. 1048, � 1, effective September 1; (21)(a)(VIII) repealed and (29)(a)(XIV) added, (SB21-092), ch. 139, p. 780, � 1, effective September 1; (21)(a)(IX) repealed and (32)(a)(VI) added, (SB21-147), ch. 174, p. 950, � 1, effective September 1; (27)(a)(IX) added, (HB21-1180), ch. 469, p. 3376, � 2, effective September 7; (28)(a)(V) added, (HB21-1195), ch. 398, p. 2645, � 2, effective September 7. L. 2022: (22)(a)(II) repealed and (34)(a)(II) added, (HB22-1262), ch. 89, p. 424, � 2, effective April 12; (22)(a)(I) repealed and (32)(a)(IX)added, (HB22-1212), ch. 253, p. 1846, � 1, effective May 26; (28)(a)(X) added, (HB22-1011), ch. 340, p. 2448, � 2, effective June 3; (25)(a)(XXII) added, (HB22-1295), ch. 123, p. 775, � 4, effective July 1; (26)(a)(IV) and (27)(a)(XI)amended, (HB22-1278), ch. 222, p. 1506, � 50, effective July 1; (6)(b)(IX) amended, (HB22-1098), ch. 220, p. 1439, � 3, effective August 10; (6)(d)(III) amended, (SB22-218), ch. 419, p. 2959, � 1, effective August 10; (23)(a)(I) repealed and (34)(a)(VI) added, (HB22-1233), ch. 398, p. 2829, � 2, effective August 10; (23)(a)(II) repealed and (34)(a)(V) added, (HB22-1235), ch. 442, p. 3100, � 2, effective August 10; (23)(a)(III) repealed and (28)(a)(IX) added, (HB22-1232), ch. 362, p. 2591, � 1, effective August 10; (23)(a)(VI) repealed and (32)(a)(VIII) added, (HB22-1261), ch. 315, p. 2247, � 1, effective August 10; (23)(a)(VII) repealed and (34)(a)(VII) added, (HB22-1412), ch. 405, p. 2874, � 1, effective August 10; (23)(a)(VIII) repealed and (34)(a)(III) added, (HB22-1213), ch. 284, p. 2036, � 2, effective August 10; (23)(a)(IX) repealed and (28)(a)(VIII) added, (HB22-1210), ch. 318, p. 2262, � 2, effective August 10; (23)(a)(X) repealed and (30)(a)(VII) added, (HB22-1228), ch. 309, p. 2222, � 1, effective August 10; (23)(a)(XI) repe
C.R.S. § 24-38-205
24-38-205. Organizations banned from contract awards. Notwithstanding any provision of this part 2 to the contrary, any organization banned from receiving federal funds, and any successor organizations, shall not be awarded a public-private initiative contract pursuant to this part 2.
Source: L. 2010: Entire part added, (HB 10-1010), ch. 90, p. 309, � 1, effective
August 11.
ARTICLE 38.3
Office of Marijuana Coordination
24-38.3-101 and 24-38.3-102. (Repealed)
Source: L. 2017: Entire article repealed, (HB 17-1295), ch. 258, p. 1076, � 1,
effective July 1.
Editor's note: This article 38.3 was added in 2014. For amendments to this
article 38.3 prior to its repeal in 2017, consult the 2016 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
ARTICLE 38.5
Colorado Energy Office
PART 1
GENERAL PROVISIONS
24-38.5-101. Colorado energy office - creation. (1) There is hereby created
within the office of the governor the Colorado energy office, the head of which is the director of the Colorado energy office. The director of the office shall be assisted by a deputy director and a staff to fulfill the office's mission to:
(a) Support Colorado's transition to a more equitable, low-carbon, and clean
energy economy and promote resources that reduce air pollution and greenhouse gas emissions, including pollution and emissions from electricity generation, buildings, industry, agriculture, and transportation;
(b) Promote economic development and high quality jobs in Colorado
through advancing clean energy, transportation electrification, and other technologies that reduce air pollution and greenhouse gas emissions, including helping to finance those investments;
(c) Promote energy efficiency;
(d) Promote an equitable transition toward zero emission buildings;
(e) Promote an equitable transition to transportation electrification, zero
emission vehicles, transportation systems, and land use patterns that reduce energy use and greenhouse gas emissions;
(f) Increase energy security;
(g) Support lower long-term consumer costs and support reduced energy
cost burden for lower-income Coloradans; and
(h) Protect the environment and public health.
Source: L. 2008: Entire article added, p. 66, � 1, effective March 18. L. 2012:
Entire section amended, (HB 12-1315), ch. 224, p. 963, � 16, effective July 1. L. 2021: Entire section R&RE, (HB 21-1266), ch. 411, p. 2750, � 20, effective July 2.
Cross references: For the short title (Environmental Justice Act) and the
legislative declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.
24-38.5-102. Colorado energy office - duties and powers - definitions. (1)
The Colorado energy office shall:
(a) Work with communities, utilities, and private and public organizations to:
(I) Support achieving legislative goals to reduce statewide greenhouse gas
pollution, as defined in section 25-7-103 (22.5);
(II) Make progress toward eliminating greenhouse gas pollution from
electricity generation, gas utilities, and transportation;
(III) Implement the renewable energy standard established in section 40-2-124;
(IV) Support the deployment of renewable energy, such as wind,
hydroelectricity, solar, clean hydrogen, and geothermal;
(V) Evaluate, and when appropriate, support the deployment of cleaner
energy sources such as clean hydrogen, geothermal, recovered methane, recovered heat, and advanced nuclear;
(VI) Support the deployment of energy efficiency and energy load
management technologies and practices;
(VII) Evaluate, and where appropriate, support the deployment of innovative
energy technologies as described in section 40-2-123;
(VIII) Support the deployment of energy storage systems, including both
long-duration and short-duration energy storage;
(IX) Support the implementation of clean heat plans pursuant to section 40-3.2-108;
(X) Support widespread transportation electrification;
(XI) Support beneficial electrification, as defined in section 40-1-102 (1.2) in
the building, industrial, and oil and gas sectors;
(XII) Support industrial emissions reductions;
(XIII) Support pollution reduction through carbon capture and sequestration
and other forms of carbon management; and
(XIV) Support sustainable land-use patterns that reduce energy
consumption and greenhouse gas pollution.
(b) Develop programs to reduce energy use and greenhouse gas pollution
from buildings in commercial and residential markets;
(c) Support efforts to reduce greenhouse gas pollution by state government
through energy efficiency, load management, renewable energy, transportation electrification, and cleaner procurement;
(d) Promote technology transfer and economic development;
(e) Support the adoption and implementation of advanced energy codes that
reduce energy use and greenhouse gas emissions and provide information and technical assistance concerning the implementation and enforcement of energy codes to both counties and municipalities, including as specified in sections 24-38.5-103, 24-38.5-401, 24-38.5-402, and 31-15-602 (7);
(f) Collaborate with the state board of land commissioners regarding
renewable energy resource development as specified in section 36-1-147.5 (4);
(g) Provide home energy efficiency improvements for low-income
households, including through the weatherization assistance program, as specified in section 40-8.7-112 (3)(b);
(h) Collaborate with stakeholders to develop and encourage increased
utilization of energy curricula, including science, technology, engineering, and math curricula, that will serve the workforce needs of clean energy industries. Such collaboration may include executive departments, research institutions, state colleges, community colleges, industry, and trade organizations in an effort to develop a means by which the state may address all facets of workforce demands in supporting a clean energy future. Institutions may also partner in the development of curricula with organizations that have existing energy curricula and training programs.
(i) Annually report to the senate transportation and energy committee and
the house energy and environment committee, or their successor committees;
(j) Administer the electric vehicle grant fund created in section 24-38.5-103
(1)(a) and the community access enterprise created in section 24-38.5-303 (1);
(k) Assist the executive director of the department of local affairs in
allocating revenues from the geothermal resource leasing fund to eligible entities pursuant to section 34-63-105;
(l) Develop basic consumer education or guidance about leased solar
installation and purchased solar installation in consultation with industries that offer these options to consumers;
(m) In consultation with the appropriate industries, develop basic consumer
education or guidance about purchased or, if available, leased installation of a system that uses geothermal energy for water heating or space heating or cooling in a single building or for space heating for more than one building through a pipeline network;
(n) Develop and publish an EV charger permitting model code that contains
guidelines for the adoption of EV charger permit standards and permitting processes for counties and municipalities in accordance with sections 30-28-213 (3) and 31-23-316 (3); and
(o) Provide assistance and support to a board of county commissioners or the
governing body of a municipality in developing ordinances or resolutions for the permitting of electric motor vehicle charging systems in accordance with sections 30-28-213 (6) and 31-23-316 (6).
(2) Repealed.
(3) The Colorado energy office shall notify the house of representatives and
senate committees of reference to which the office is assigned pursuant to section 2-7-203 (1), C.R.S., as part of its State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearing required by section 2-7-203 (2), C.R.S., if it has made any changes to:
(a) Any performance plans and performance evaluations required pursuant
to section 2-7-204, C.R.S.;
(b) Office policies related to energy transmission; and
(c) Office policies that positively or negatively impact the energy sector.
(3.3) As part of the hearing required by section 2-7-203 (2), for hearings held
on or after January 1, 2025, but before January 1, 2034, the Colorado energy office shall report on the estimated impact of greenhouse gas emissions reductions attributable to the tax credits created in sections 39-22-551, 39-22-552, 39-22-553, 39-22-554, 39-22-555, and 39-22-556.
(4) The Colorado energy office may update the greenhouse gas pollution
reduction roadmap, published by the office and dated January 14, 2021, or as amended thereafter, to expressly include geothermal energy as a renewable energy resource that qualifying retail utilities may use to achieve the electric utility sector greenhouse gas pollution reduction goals set forth in the greenhouse gas pollution reduction roadmap.
(5) (a) As used in this subsection (5), unless the context otherwise requires:
(I) Decarbonization tax credits means the tax credits created in sections
39-22-551, 39-22-552, 39-22-553, 39-22-554, 39-22-555, and 39-22-556.
(II) Standards mean the standards or guidelines the office is authorized to
adopt to implement the decarbonization tax credits.
(b) Notwithstanding section 24-1-136 (11)(a)(I), beginning on and after January
1, 2024, but before January 1, 2033, the Colorado energy office shall annually report to the transportation and energy committee of the senate, the energy and environment committee of the house of representatives, and the finance committees of the senate and the house of representatives, or any successor committees, the following:
(I) Standards adopted in the preceding year;
(II) Amendments, modifications, changes, or repeals to previously adopted
standards in the preceding year; and
(III) Information on any public comment solicited or received pursuant to the
adoption of standards or to the amendment, modification, change, or repeal of previously adopted standards.
(c) The Colorado energy office may include the information required in
subsection (5)(b) of this section in its annual presentation to its joint committees of reference pursuant to section 2-7-203.
(d) If in the preceding year the Colorado energy office does not adopt new
standards or make any changes or modifications to adopted standards, then it is not required to report in that year pursuant to subsection (5)(b) of this section.
(e) This subsection (5) is repealed, effective December 1, 2033.
Source: L. 2008: Entire article added, p. 66, � 1, effective March 18; (1)(l)
amended, p. 1871, � 5, effective June 2. L. 2009: (1)(s) added, (HB 09-1298), ch. 417, p. 2317, � 5, effective June 4; (1)(q) added, (SB 09-075), ch. 418, p. 2319, � 2, effective August 5; (1)(r) added, (HB 09-1312), ch. 253, p. 1145, � 3, effective August 5. L. 2010: (1)(t) added, (SB 10-174), ch. 189, p. 811, � 4, effective August 11. L. 2012: IP(1), (1)(a), (1)(e), and (1)(o) amended, (1)(s) and (2) repealed, and (3) added, (HB 12-1315), ch. 224, p. 963, � 17, effective July 1. L. 2013: (3)(a) amended, (HB 13-1299), ch. 382, p. 2244, � 7, effective June 5. L. 2016: (1)(h) repealed, (SB 16-189), ch. 210, p. 767, � 51, effective June 6. L. 2018: (1)(a) and (1)(o) amended and (1)(f), (1)(g), (1)(i), and (1)(r) repealed, (SB 18-003), ch. 359, p. 2132, � 5, effective June 1. L. 2019: (1)(n) amended, (SB 19-236), ch. 359, p. 3333, � 27, effective May 30. L. 2020: (1)(u) added, (HB 20-1155), ch. 193, p. 895, � 1, effective September 14. L. 2022: (1)(v) and (4) added, (SB 22-118), ch. 335, p. 2369, � 1, effective August 10. L. 2023: (3.3) and (5) added, (HB 23-1272), ch. 167, p. 812, � 16, effective May 11; (1) amended, (SB 23-016), ch. 165, p. 730, � 2, effective August 7. L. 2024: (1)(l) and (1)(m) amended and (1)(n) and (1)(o) added, (HB 24-1173), ch. 215, p. 1321, � 4, effective August 7.
Cross references: For the legislative declaration in HB 23-1272, see section 1
of chapter 167, Session Laws of Colorado 2023. For the legislative declaration in HB 24-1173, see section 1 of chapter 215, Session Laws of Colorado 2024.
24-38.5-102.4. Energy fund - creation - use of fund - definitions - report -
repeal. (1) (a) (I) The energy fund is created in the state treasury. The principal of the fund consists of money transferred to the fund from the general fund; money transferred to the fund at the end of the 2006-07 state fiscal year and at the end of each succeeding state fiscal year from money received by the Colorado energy office; money received pursuant to the federal American Recovery and Reinvestment Act of 2009, Pub.L. 111-5, or any amendments thereto; money received pursuant to revenue contracts, court settlement funds, supplemental environmental program funds, or the repayment or return of funds from eligible public depositories; money transferred to the fund pursuant to sections 6-7.5-110 (2)(a), 25-5-1406 (3)(a), and 25-7-1507 (3)(a); money received as gifts, grants, and donations; and any other money received by the Colorado energy office. Money in the fund at the end of any state fiscal year remains in the fund and may not be credited to the state general fund or any other fund. Money in the fund may not be transferred to the innovative energy fund created in section 24-38.5-102.5.
(II) and (III) Repealed.
(IV) (A) On July 1, 2025, the state treasurer shall transfer one hundred
twenty-five thousand dollars from the energy fund to the general fund.
(B) This subsection (1)(a)(IV) is repealed, effective July 1, 2026.
(b) For purposes of this section, Colorado energy office means the
Colorado energy office created in section 24-38.5-101.
(2) (a) All money in the energy fund is continuously appropriated to the
Colorado energy office for the purposes of advancing energy efficiency and renewable energy throughout the state.
(b) The Colorado energy office may expend money from the energy fund:
(I) To attract renewable energy industry investment in the state;
(II) To assist in technology transfer into the marketplace for newly developed
energy efficiency and renewable energy technologies;
(III) To provide market incentives for the purchase and distribution of energy
efficient and renewable energy products;
(IV) To assist in the implementation of energy efficiency projects throughout
the state;
(V) To aid governmental agencies in energy efficiency government
initiatives;
(VI) To facilitate widespread implementation of renewable energy
technologies;
(VII) To educate the general public on energy issues and opportunities;
(VII.5) To implement the building performance program defined in section
24-38.5-112 (3)(b) and described in that section and section 25-7-142; and
(VIII) In any other manner that serves the purposes of advancing energy
efficiency and renewable energy throughout the state.
(c) (I) Subject to the provisions of subparagraph (II) of this paragraph (c), the
moneys in the clean and renewable energy fund may also be used by the Colorado energy office to make grants or loans to persons, as defined in section 2-4-401 (8), C.R.S., for use in carrying out the purposes of this section. The Colorado energy office shall consider the following information in determining whether to make a grant or loan:
(A) The amount of the grant or loan;
(B) The quantified impact on energy demand or amount of clean energy
production generated as a result of the grant or loan;
(C) The potential economic impact of the grant or loan; and
(D) The public benefits expected to result from the grant or loan.
(II) The Colorado energy office may establish terms and conditions for
making grants or loans pursuant to this section and in accordance with the objectives of the office as set forth in section 24-38.5-102.
(3) and (4) Repealed.
(5) (a) For state fiscal years commencing on or before July 1, 2024, and on or
after July 1, 2026, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the energy fund to the fund.
(b) Notwithstanding subsection (1)(a)(I) of this section, for the state fiscal
year commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the energy fund to the general fund.
(c) (I) On June 30, 2025, the state treasurer shall transfer four hundred sixty-six thousand eight hundred two dollars from the energy fund to the general fund.
(II) This subsection (5)(c) is repealed, effective July 1, 2026.
Source: L. 2012: Entire section added, (HB 12-1315), ch. 224, p. 965, � 18,
effective July 1. L. 2018: (1)(a)(I), (2)(a), and (2)(b) amended, (SB 18-003), ch. 359, p. 2133, � 6, effective June 1. L. 2021: (3) added, (SB 21-230), ch. 226, p. 1206, � 1, effective June 14; (4) added, (SB 21-231), ch. 227, p. 1208, � 1, effective June 14; (2)(b)(VII) amended and (2)(b)(VII.5) added, (HB 21-1286), ch. 326, p. 2083, � 2, effective September 7. L. 2023: (1)(a)(I) amended, (HB 23-1161), ch. 285, p. 1717, � 10, effective August 7. L. 2025: (1)(a)(IV) added, (SB 25-264), ch. 129, p. 502, � 21, effective April 25; (1)(a)(I) amended and (5) added, (SB 25-317), ch. 385, p. 2147, � 17, effective June 3.
Editor's note: (1) This section is similar to former � 24-75-1201 as it existed
prior to 2012.
(2) Subsection (1)(a)(II)(B) provided for the repeal of subsection (1)(a)(II),
effective January 1, 2013. (See L. 2012, p. 965.)
(3) Subsection (1)(a)(III)(B) provided for the repeal of subsection (1)(a)(III),
effective January 1, 2017. (See L. 2012, p. 965.)
(4) Subsection (4)(c) provided for the repeal of subsection (4), effective July
1, 2024. (See L. 2021, p. 1208.)
(5) Subsection (3)(d) provided for the repeal of subsection (3), effective July
1, 2025. (See L. 2021, p. 1206.)
Cross references: For the legislative declaration in SB 25-317, see section 1
of chapter 385, Session Laws of Colorado 2025.
24-38.5-102.5. Innovative energy fund - creation - use of fund - definitions
-
repeal. (1) (a) (I) The innovative energy fund is created in the state treasury. The principal of the fund consists of money transferred to the fund by the general assembly, money transferred at the end of each state fiscal year from money received by the Colorado energy office, or from revenue contracts, court settlement funds, supplemental program funds, repayment or return of funds from eligible public depositories, and gifts, grants, and donations, and any other money received by the Colorado energy office. Money in the fund at the end of any state fiscal year remains in the fund and may not be credited to the state general fund or any other fund. Money in the fund may not be transferred to the energy fund created in section 24-38.5-102.4.
(II) (A) For state fiscal years commencing on or before July 1, 2024, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the innovative energy fund to the innovative energy fund.
(B) Notwithstanding subsection (1)(a)(I) of this section, for state fiscal years commencing on or after July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the innovative energy fund to the general fund.
(C) On June 30, 2025, the state treasurer shall transfer four thousand two hundred eighty-five dollars from the innovative energy fund to the general fund. This subsection (1)(a)(II)(C) is repealed, effective July 1, 2026.
(b) For purposes of this section:
(I) Colorado energy office means the Colorado energy office created in section 24-38.5-101.
(II) Innovative energy means an existing, new, or emerging technology that:
(A) Enables the use of a local fuel source;
(B) Establishes a more efficient or environmentally beneficial use of energy; and
(C) Helps to create energy independence or energy security for the state.
(2) (a) All moneys in the innovative energy fund are continuously appropriated to the Colorado energy office for the purposes of advancing innovative energy efficiency throughout the state; except that the moneys are limited to efficiency projects and any other projects related to the severance of minerals subject to taxation under article 29 of title 39, C.R.S.
(b) The Colorado energy office may expend moneys from the innovative energy fund:
(I) To overcome market barriers facing emerging and cost-effective energy technologies;
(II) To promote robust research, development, commercialization, and financing of innovative energy technologies;
(III) To educate the general public on energy issues and opportunities;
(IV) To attract innovative energy industry investment in the state;
(V) To assist in technology transfer into the marketplace for newly developed innovative energy efficiency technologies;
(VI) To provide market incentives for the purchase and distribution of efficient innovative energy products;
(VII) To assist in the implementation of innovative energy efficiency projects throughout the state;
(VIII) To aid governmental agencies in innovative energy efficiency government initiatives;
(IX) To facilitate widespread implementation of innovative energy technologies; and
(X) In any other manner that serves the purposes of advancing innovative energy efficiency throughout the state.
(c) (I) Subject to the provisions of subparagraph (II) of this paragraph (c), the moneys in the innovative energy fund may also be used by the Colorado energy office to make grants or loans to persons, as defined in section 2-4-401 (8), C.R.S., for use in carrying out the purposes of this section. The Colorado energy office shall consider the following information in determining whether to make a grant or loan:
(A) The amount of the grant or loan;
(B) The quantified impact on energy demand or amount of innovative energy production generated as a result of the grant or loan;
(C) The potential economic impact of the grant or loan; and
(D) The public benefits expected to result from the grant or loan.
(II) The Colorado energy office may establish terms and conditions for making grants or loans pursuant to this section and in accordance with the objectives of the office as set forth in section 24-38.5-102.
(3) (a) Notwithstanding any provision of this section to the contrary, on July 1, 2025, the state treasurer shall transfer one hundred fifty-four thousand eight hundred sixty-two dollars from the innovative energy fund to the general fund.
(b) This subsection (3) is repealed, effective July 1, 2026.
Source: L. 2012: Entire section added, (HB 12-1315), ch. 224, p. 966, � 19, effective July 1. L. 2018: (1)(a) and (2)(c)(II) amended, (SB 18-003), ch. 359, p. 2134, � 7, effective June 1. L. 2025: (3) added, (SB 25-264), ch. 129, p. 503, � 22, effective April 25; (1)(a) amended, (SB 25-317), ch. 385, p. 2148, � 18, effective June 3.
Cross references: For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.
24-38.5-102.6. Climate change mitigation and adaptation fund - creation - use. (1) The climate change mitigation and adaptation fund, referred to in this section as the fund, is created in the state treasury. The fund consists of:
(a) Civil penalties assessed pursuant to section 25-7-122 (1)(i) and credited to the fund pursuant to section 25-7-122 (1)(i)(III);
(b) Building performance program fees credited to the fund pursuant to section 24-38.5-112 (1)(e), which fees must be separately accounted for in the fund;
(c) Gifts, grants, and donations made to the Colorado energy office to help finance its administration of climate change mitigation or adaptation programs and policies;
(d) Any money that the general assembly may appropriate or transfer to the fund; and
(e) Any other money credited to the fund.
(2) Money in the fund is continuously appropriated to the Colorado energy office for the purpose of financing and administering the building performance program defined in section 24-38.5-112 (3)(b) and described in that section and section 25-7-142.
(3) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
Source: L. 2021: Entire section added, (HB 21-1286), ch. 326, p. 2083, � 3, effective September 7. L. 2025: IP(1) and (1)(a) amended, (HB 25-1269), ch. 216, p. 993, � 7, effective May 20.
Editor's note: Section 10 of chapter 216 (HB 25-1269), Session Laws of Colorado 2025, provides that the act changing this section applies to conduct occurring on or after May 20, 2025.
24-38.5-102.7. Colorado energy saving mortgage program - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Accredited home energy rating provider means a person who RESNET has accredited through the mortgage industry national home energy rating system accreditation standard as a rating provider and who appears on RESNET's national registry of accredited rating providers or a person who meets other rating provider requirements adopted in guidelines by the Colorado energy office pursuant to paragraph (c) of subsection (4) of this section.
(b) Certified home energy rater means an individual who an accredited home energy rating provider has certified as a RESNET home energy rater to inspect and evaluate a home's energy features, assign a HERS index score to the home, and recommend energy efficiency improvements or an individual who meets other rater certification requirements adopted in guidelines by the Colorado energy office pursuant to paragraph (c) of subsection (4) of this section.
(c) Colorado energy saving mortgage program or program means the Colorado energy star/energy saving mortgage program administered by the Colorado energy office as of January 1, 2013, as modified by this section or by any program changes implemented by the Colorado energy office within the limitations specified in this section, or any successor program.
(d) Energy efficient home means a home that a certified home energy rater has certified as having a HERS index score of not more than fifty or that meets other requirements for being an energy efficient home that the Colorado energy office adopts in guidelines pursuant to subsection (4) of this section.
(e) Energy saving mortgage means a mortgage issued to a borrower by a participating lender through the Colorado energy saving mortgage program for the purpose of financing:
(I) The purchase of a newly built energy efficient home; or
(II) Improvements to an existing home that:
(A) Are made in accordance with recommendations made by or approved by the Colorado energy office following a residential energy audit of the home; and
(B) Are confirmed by post-installation verification conducted by the Colorado energy office or a vendor, including but not limited to a participating utility, under contract with the office to have improved the energy efficiency of the home to the extent required by the Colorado energy office.
(f) HERS index means the home energy rating system index established by RESNET to measure the energy efficiency of a home.
(g) Participating lender means a bank, credit union, other financial institution, or independent mortgage broker that participates in the Colorado energy saving mortgage program by issuing energy saving mortgages and contributing funding that reduces the total cost of the mortgages to the borrowers.
(h) Participating public utility means a public utility, as defined in section 40-1-103, C.R.S., including any municipality that operates an electric utility and any cooperative electric or gas association or nonprofit electric corporation or association, that:
(I) Provides electricity or natural gas to residential customers, without regard to whether the utility, association, or corporation is subject to or exempt, in whole or in part, from the Public Utilities Law, articles 1 to 7 of title 40, C.R.S.;
(II) Chooses to participate in the Colorado energy saving mortgage program by meeting all requirements for participation set forth in guidelines adopted by the Colorado energy office; and
(III) If it is required to comply with the provisions of article 3.2 of title 40, C.R.S., has, prior to its initial participation in the Colorado energy savings mortgage program, had the public utilities commission approve a participation plan.
(i) RESNET means the residential energy services network that is a recognized national standards-making body for building energy efficiency rating and certification systems in the United States.
(2) The Colorado energy office may spend any available moneys to fund energy saving mortgages subject to the following limitations:
(a) To the extent feasible, the Colorado energy office shall spend money evenly on energy saving mortgages that finance purchases of newly built energy efficient homes and energy saving mortgages that finance improvements to existing residences;
(b) Each energy saving mortgage may include funding that reduces the total cost of the mortgage to the borrower from both a participating public utility and a participating lender. The Colorado energy office may adopt guidelines to specify minimum percentages of total funding for an energy saving mortgage that each nonstate source of funding must provide.
(c) If a utility chooses to participate in the Colorado energy savings mortgage program by providing demand-side management program moneys, such moneys may only be used towards energy savings attributable to energy efficiency improvements and not towards energy savings attributable to renewable energy or on-site energy generation improvements.
(d) If a utility has existing demand-side management programs for residential new construction or whole-house existing retrofits, the utility must identify, in a demand-side management plan approved by the public utilities commission prior to the utility's initial participation in the Colorado energy mortgage savings program, how it will track participation in all programs, including the Colorado energy savings mortgage program, to ensure that customers do not receive multiple incentives.
(e) The Colorado energy office may only approve an energy saving mortgage that finances improvements to an existing home if the improvements are made by or approved by the office following a residential energy audit of the home and are confirmed by post-installation verification to have increased the energy efficiency of the home to the extent required by the office. The office may adopt guidelines that specify requirements for energy efficiency increases and the conduct of residential energy audits and post-installation testing.
(f) Subject to the following maximum value limitations, the Colorado energy office may adopt energy savings-based guidelines that set forth the maximum total value to the borrower in terms of reduction in the total costs of an energy saving mortgage:
(I) For an energy saving mortgage that finances the purchase of a new energy efficient home, the maximum total value to the borrower in terms of reduction in the total costs of an energy saving mortgage is:
(A) For a home that has a HERS index score of zero, eight thousand dollars or any lower amount that the Colorado energy office establishes in guidelines; or
(B) For a home that has a HERS index score that is greater than zero but no more than fifty, any lower amounts that the Colorado energy office establishes in guidelines subject to the limitation that if the office establishes multiple lower amounts, those amounts must increase as the HERS index score of a home decreases;
(II) For an energy saving mortgage that finances improvements to an existing home, the maximum total value to the borrower in terms of reduction in the total costs of an energy saving mortgage is the lesser of any energy savings-based amount adopted in guidelines by the Colorado energy office or eight thousand dollars.
(g) The Colorado energy office may spend moneys contributed by a participating public utility only for energy saving mortgages for homes within the service area of the participating public utility.
(h) If demand-side management moneys contributed by a participating utility, when combined with moneys from all other sources, yield an incentive amount that exceeds the incremental cost of the energy saving improvements, the utility must set forth the treatment of the demand-side management moneys in its demand-side management plan and have that treatment approved by the public utilities commission.
(i) If the participation of a participating utility causes additional energy savings improvements to be made, due to the matching Colorado energy office and lender moneys, the public utilities commission may include the additional energy savings benefits and exclude the additional leveraged moneys from the benefit-cost ratio calculation described in section 40-1-102 (5)(b), C.R.S.
(3) A participating public utility receives credit for its participation in the program towards any demand side management program targets, contingent upon public utilities commission approval, pursuant to article 3.2 of title 40, C.R.S., or may receive credit towards any greenhouse gas emissions requirements that may be established in the future.
(4) Notwithstanding any other provision of this section, if another index or measure supersedes the HERS index as the industry standard for measuring building energy efficiency, the Colorado energy office may adopt guidelines that:
(a) Adopt the other index or measure as the standard for determining the energy efficiency of a new home or existing residence;
(b) Specify values on the new index or measure that are comparable to the HERS index scores and point improvements specified in this section and are to be used to determine eligibility for and the maximum value of energy saving mortgages; and
(c) Specify the requirements and procedures, including any required accreditation of rating providers or certification of raters, that must be complied with in rating a new home or existing residence under the other index or measure.
Source: L. 2013: Entire section added, (HB 13-1105), ch. 346, p. 2008, � 1, effective May 28.
24-38.5-103. Electric vehicle grant fund - creation - administration - legislative declaration. (1) (a) (I) There is created in the state treasury the electric vehicle grant fund, referred to in this section as the fund. The Colorado energy office shall use the fund to:
(A) Provide grants to state agencies, public universities, public transit agencies, local governments, landlords of multifamily apartment buildings, private nonprofit or for-profit corporations, and the unit owners' associations of common interest communities as defined in article 33.3 of title 38 to install charging stations for electric vehicles;
(B) Cover the administrative costs of providing grants pursuant to subsection (1)(a)(I)(A) of this section;
(C) Provide analysis and technical support related to the development, permitting, and energization of electric vehicle charging stations, including providing technical assistance to counties and municipalities in accordance with sections 30-28-213 (6) and 31-23-316 (6);
(D) Support or directly engage in operational and policy work to support electric vehicle adoption, electric vehicle charging, and affordable, clean electricity for electric vehicles, including covering the administrative costs of this work; and
(E) Support the development and enforcement of retail electric vehicle charging rules by the division of oil and public safety in the department of labor and employment.
(II) The Colorado energy office shall prioritize grants provided pursuant to subsection (1)(a)(I) of this section based upon:
(A) The extent to which the proposed recipients' charging locations are likely to effectively serve existing electric vehicles or encourage the acquisition of additional electric vehicles;
(B) The extent to which one or more charging stations would not be installed but for the financial assistance provided by a grant from the fund; and
(C) Any other criteria defined by the Colorado energy office.
(b) The general assembly declares that while the intent of this section is to provide assistance and additional incentive where needed to encourage the installation of charging stations thereby maximizing the number of stations that can be installed using the limited resources available from the fund, the Colorado energy office may grant the full cost of an installation or help offset station operating costs in a location that is especially advantageous for support of the electric vehicle market but where other revenues are not and will not foreseeably be available to defray the costs.
(2) The Colorado energy office is authorized to seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. All private and public funds received through gifts, grants, or donations shall be transmitted to the state treasurer, who shall credit the same to the fund. The money in the fund is continuously appropriated to the Colorado energy office. Any money in the fund not expended for the purposes of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund shall be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year must remain in the fund and must not be credited or transferred to the general fund or another fund.
Source: L. 2009: Entire section added, (SB 09-075), ch. 418, p. 2319, � 3, effective August 5. L. 2012: (2) amended, (HB 12-1315), ch. 224, p. 968, � 20, effective July 1. L. 2013: (1) amended, (SB 13-126), ch. 165, p. 538, � 3, effective May 3. L. 2014: (1) amended, (SB 14-028), ch. 114, p. 412, � 1, effective April 11. L. 2019: IP(1)(a), (1)(b), and (2) amended, (1)(a)(I) repealed, and (1)(a)(IV) added, (HB 19-1198), ch. 123, p. 532, � 1, effective August 2. L. 2024: (1)(a) amended, (HB 24-1173), ch. 215, p. 1321, � 5, effective August 7. L. 2025: (1)(a)(I)(B) amended and (1)(a)(I)(D) and (1)(a)(I)(E) added, (HB 25-1267), ch. 252, p. 1262, � 3, effective August 6.
Cross references: For the legislative declaration in HB 24-1173, see section 1 of chapter 215, Session Laws of Colorado 2024.
24-38.5-104. Photovoltaic installer qualifications - cooperation with department of regulatory agencies. (Repealed)
Source: L. 2010: Entire section added, (HB 10-1001), ch. 37, p. 152, � 5, effective August 11. L. 2012: (2) amended, (HB 12-1315), ch. 224, p. 968, � 21, effective July 1. L. 2018: Entire section repealed, (SB 18-003), ch. 359, p. 2135, � 8, effective June 1.
24-38.5-105. Clean energy improvement debt reserve fund - authorization - use. (1) (a) The clean energy improvement debt reserve fund is hereby created in the state treasury. The principal of the fund shall consist of up to ten million dollars of legally available moneys from nonstate sources under the control of the Colorado energy office, which the state treasurer shall promptly credit to the fund if instructed in writing to do so by the director of the Colorado energy office, and any fees paid to the state treasurer in accordance with subparagraph (II) of paragraph (b) of this subsection (1). All interest and income derived from the deposit and investment of moneys in the fund shall be credited to the fund, and all unexpended and unencumbered moneys in the fund at the end of any fiscal year shall remain in the fund. The fund is hereby continuously appropriated to the state treasurer, who may expend moneys from the fund solely for the purposes of paying principal and interest on bonds issued by a local improvement district or other special district as specified in paragraph (c) of this subsection (1) and defraying any direct and indirect costs incurred by the state treasurer in executing duties required by this section.
(b) (I) If the Colorado energy office instructs the state treasurer to credit moneys from nonstate sources to the clean energy improvement debt reserve fund, with prior written authorization from the director of the Colorado energy office and the state treasurer and after agreeing to pay fees to be credited to the fund to the state treasurer as specified in subparagraph (II) of this paragraph (b), a local improvement district or other special district that imposes special assessments on real property and issues bonds payable from the revenues generated by the special assessments to generate the moneys needed to pay the up-front costs of making renewable energy improvements or clean energy improvements as authorized by part 6 of article 20 of title 30, C.R.S., or any other provision of law may rely on the clean energy improvement debt reserve fund as a backup source of moneys that may be used, after the depletion of any district debt service reserve fund, for the payment of principal and interest owed to holders of the district's bonds.
(II) A local improvement district or other district that issues bonds and that wishes to rely on the clean energy improvement debt reserve fund as a backup source of moneys for the payment of principal and interest owed to holders of the bonds shall enter into a written agreement with the Colorado energy office to pay to the state treasurer for crediting to the fund such fees for the privilege of relying on the fund as the Colorado energy office may require. Fees to be paid by a district as required by the Colorado energy office shall be deemed to be a portion of the amount of the interest rate savings resulting from more favorable financing terms attributable to the reliance upon the fund. The Colorado energy office may, in its discretion, require that fees be paid on an annual basis, commencing and calculated on the date of issuance of the bonds and on each one-year anniversary of the issuance of the bonds thereafter while the bonds remain outstanding, in an amount equal to a number of basis points of the principal amount of the bonds outstanding as of each calculation date agreed upon by the office and the district.
(c) Whenever the paying agent responsible for making payments to the holders of any bonds issued by a district that has relied upon the clean energy improvement debt reserve fund as a backup source of repayment for the district's bonds has not received payment of principal or interest on the bonds on the tenth business day immediately prior to the date on which such payment is due and any debt service reserve fund for the local improvement district or other special district that issued the bonds has been depleted, the paying agent shall so notify the state treasurer and the district by telephone, facsimile, or other similar communication, followed by written verification, of such payment status. The state treasurer shall immediately contact the district and determine whether the district will make the payment by the date on which it is due and, if the state treasurer confirms that the district will not make the payment, the state treasurer shall expend moneys from the clean energy improvement debt reserve fund to make the payment in a timely manner. If the amount of moneys in the clean energy improvement debt reserve fund is not sufficient to cover the entire amount of the payment, the state treasurer shall pay only so much of the payment as can be paid from available moneys in the fund. If payments on more than one series of bonds issued in reliance upon the clean energy improvement debt reserve fund as a backup source of moneys for repayment are required to be made from the fund at the same time and the amount of moneys in the fund is not sufficient to cover the entire amount of the payments, the state treasurer shall pay from available moneys in the fund only an equal percentage of the amount of each payment due.
(2) This section shall not be construed to create any state debt, to require the state to make any bond payments on behalf of any local improvement district or other special district from any source of moneys other than the clean energy improvement debt reserve fund, or to require the state to fully pay off any outstanding bonds of a district that cannot make scheduled bond payments.
(3) In accordance with section 11 of article II of the state constitution, the state hereby covenants with the purchasers of any outstanding bonds issued in reliance upon the existence of the clean energy improvement debt reserve fund that the state will not repeal, revoke, or rescind the provisions of this section concerning the fund or modify or rescind the same so as to limit or impair the rights and remedies granted by this section to the purchasers of such bonds and that any moneys in the fund shall not revert to the general fund.
Source: L. 2010: Entire section added, (HB 10-1328), ch. 426, p. 2221, � 3, effective June 11. L. 2012: (1)(a) and (1)(b) amended, (HB 12-1315), ch. 224, p. 969, � 22, effective July 1.
24-38.5-106. Financing of capital projects to make state government more energy efficient - financed purchase of asset agreements - legislative declaration - definition. (1) As used in this section, unless the context otherwise requires, utility cost-savings contract shall have the same meaning as set forth in section 24-30-2001 (6).
(2) (a) In order to make state government more energy efficient in accordance with section 24-38.5-102, the Colorado energy office may propose a prioritized list of projects associated with current utility cost-savings contracts that will improve the energy efficiency of state buildings or facilities and that are proposed to be constructed or improved using financing provided in accordance with subsection (3) of this section. If the Colorado energy office creates a prioritized list, the prioritized list shall include an estimate of the total amount of annual utility cost savings expected if all of the projects on the prioritized list are completed; descriptions of the projects, the affected buildings, and the impact of the projects on tenants; a timeline for implementation; a detailed budget for each project; a list of properties recommended for use as collateral, which shall include only properties operated and maintained by agencies that are responsible for the operation and maintenance of at least one state building or facility for which a project is being financed in accordance with subsection (3) of this section; estimates of the amount of annual utility cost savings expected for each of the projects; and expected annual payments for each project, including the expected funding sources for such payments. The Colorado energy office shall submit the prioritized list and referenced supporting documents to the office of state planning and budgeting for review and approval or disapproval. Except as otherwise provided in paragraph (b) of this subsection (2), the office of state planning and budgeting shall submit any projects on the prioritized list that it approves to the capital development committee of the general assembly for review and approval or disapproval. Subject to the limitations specified in subsection (3) of this section, if the capital development committee determines after reviewing the projects submitted to it for its review and approval or disapproval that it is appropriate to authorize the state treasurer to pursue financing provided in accordance with subsection (3) of this section to fund some or all of the projects or if the office of state planning and budgeting has approved projects for buildings or facilities operated and maintained by the department of transportation and submitted such projects to the committee for informational purposes only pursuant to paragraph (b) of this subsection (2), the committee shall provide a letter to the Colorado energy office, the office of state planning and budgeting, the joint budget committee of the general assembly, and the state treasurer that specifies the final approved priority of the projects.
(b) Notwithstanding the provisions of par
C.R.S. § 24-4-104.5
24-4-104.5. Permits - rules in effect at time of submission of application for a permit control. (1) For purposes of this section, unless the context otherwise requires, permit means a grant of authority by an agency that authorizes the holder of the permit to do some act not forbidden by law but not allowed to be performed without such authority. Permit does not include a professional license issued by a licensing board or an agency to conduct a profession or occupation. Permit does not include a registration or certification issued by a board or state agency to an individual to pursue a profession, practice, or occupation. Permit does not include a water well permit issued by the state engineer pursuant to title 37, C.R.S.
(2) (a) The rules and any written statements of agency interpretation of the
statutes of an agency that are in effect on the date that a person applies for issuance or renewal of a permit govern the application process and any permit eligibility requirement. If the rules or any written statements of agency interpretation of the statutes governing the agency's permit process or the requirements to qualify for a permit have been amended, the agency shall process the application under the rules and any written statements of agency interpretation of the statutes in effect on the date of the application, unless the agency determines in writing that:
(I) (A) The new rules materially affect the health and safety of the public; and
(B) Use of the rules in effect on the date of application is likely to result in an
unsafe situation if the applicant does not comply with the new rules; or
(II) New rules or new requirements are necessary to ensure that the agency
and the permit will be in compliance with the requirements of federal law and federal regulations; or
(III) New rules or new requirements are necessary to ensure that the agency
and the permit will not be in conflict with state statutes; or
(IV) New rules or new requirements are necessary to ensure that the agency
and the permit will be in compliance with the requirements of a court order.
(b) If the agency determines that one of the exceptions to the requirements
of paragraph (a) of this subsection (2) will occur if the applicant does not comply with the new rules or new requirements, the agency shall:
(I) Treat the application as pending;
(II) Provide a written notice to the applicant stating the reasons the
application is incomplete; and
(III) Give the applicant a reasonable opportunity to comply with the new rules
or new requirements.
(3) If an agency adopts or amends rules that govern or impact the
application process or any permit eligibility requirements after a person has applied for a permit or renewal of a permit and while the application is pending with the agency, the person shall have the option to have the application processed under the rules in existence at the time of the filing of the application or under the new rules.
Source: L. 2012: Entire section added, (HB 12-1002), ch. 249, p. 1241, � 2,
effective August 8.
Cross references: In 2012, this section was added by the Creating Level
Expectations for Application Review Act or the CLEAR Act. For the short title, see section 1 of chapter 249, Session Laws of Colorado 2012.
C.R.S. § 24-46-102
24-46-102. Colorado economic development commission - creation - membership - subcommittee. (1) There is created the Colorado economic development commission in the Colorado office of economic development.
(2) (a) The commission consists of the governor or the governor's designee
and ten members who shall be appointed as follows:
(I) Four members appointed by the governor, one of whom must be from west
of the continental divide and one of whom must be from the eastern slope from a predominantly rural area;
(II) Three members appointed by the speaker of the house of
representatives, one of whom must have advanced industry business and research experience. In making this appointment, the speaker shall give preference to a person whose experience is in more than one advanced industry.
(III) Three members appointed by the president of the senate, one of whom
must have advanced industry business and research experience. In making this appointment, the president shall give preference to a person whose experience is in more than one advanced industry.
(b) A member of the general assembly shall not be appointed as a member of
the commission.
(c) A member serves at the pleasure of the member's appointing authority.
(d) As used in this subsection (2), advanced industry means the following
industries:
(I) Advanced manufacturing;
(II) Aerospace;
(III) Bioscience;
(IV) Electronics;
(V) Energy and natural resources;
(VI) Infrastructure engineering; and
(VII) Information technology.
(3) Each July 1, the commission shall schedule an orientation with office of
economic development staff in order to receive an official overview of the statutory requirements for a production company to earn a performance-based incentive for film production in Colorado as set forth in sections 24-48.5-114 and 24-48.5-116.
(4) Beginning on September 1, 2022, the economic development commission
shall establish a public-private partnership subcommittee to review proposed contracts, sales, and leases of state property as specified in section 24-94-105. The subcommittee consists of at least three members of the commission as selected by the commission. At no time shall all of the members of the subcommittee be appointees from the same appointing authority.
Source: L. 87: Entire article added, p. 1025, � 1, effective July 8. L. 96: Entire
section R&RE, p. 1130, � 7, effective July 1. L. 2000: (2) and (3) amended, p. 1680, � 6, effective July 1. L. 2013: (3) amended, (HB 13-1001), ch. 227, p. 1077, � 3, effective August 7. L. 2018: (4) added, (SB 18-103), ch. 39, p. 458, � 3, effective March 15. L. 2022: Entire section amended, (SB 22-013), ch. 2, p. 51, � 65, effective February 25; (4) added, (SB 22-130), ch. 232, p. 1716, � 3, effective May 26. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2066, � 165, effective August 6.
Cross references: In 2013, subsection (3) was amended by the Colorado
Advanced Industries Acceleration Act. For the short title, see section 1 of chapter 227, Session Laws of Colorado 2013.
C.R.S. § 24-46-303
24-46-303. Definitions. As used in this part 3, unless the context otherwise requires:
(1) Base year revenue means the state sales tax revenue collected during
the twelve-month period immediately prior to the month in which a regional tourism project is authorized, as determined by the department of revenue.
(1.5) Baseline growth rate means the forecasted growth in state sales tax
revenue above the base year revenue that would be collected in a proposed regional tourism zone if the proposed regional tourism project did not occur, as determined pursuant to section 24-46-304 (1.5).
(2) Commission means the Colorado economic development commission
created in section 24-46-102.
(3) Director means the director of the Colorado office of economic
development created in section 24-48.5-101.
(4) Eligible costs means the costs of designing, constructing, financing,
and maintaining eligible improvements designated by the commission as part of an approved regional tourism project, including but not limited to costs of engineering, construction engineering, surveying, construction surveying, construction labor and materials, design, planning, legal services, accounting, overhead or administrative staffing, financing, bond issuance or reissuance, underwriting, interest payments, loan origination fees, and similar necessary and convenient costs incurred by the financing entity in exercising its powers pursuant to this part 3. Moneys advanced by private developers within the regional tourism project to the financing entity for eligible improvements, whether pursuant to loans or contractual funding and reimbursement agreements, together with reasonable interest thereon, shall be eligible costs. In addition, the financing entity's costs for purchasing eligible improvements constructed and owned by third parties either prior to or subsequent to designation of the regional tourism project shall be eligible costs. Costs and expenses incurred by the financing entity pursuant to section 24-35-118 and in complying with its annual report and audit obligations under this part 3 shall be eligible costs.
(5) Eligible improvements means the specific improvements authorized by
the commission as part of an approved regional tourism project, whether publicly or privately owned, including but not limited to storm sewer and sanitary sewer collection, conveyance, distribution, treatment, and related facilities and real property interests necessary or convenient thereto; potable and nonpotable water supplies and collection, conveyance, distribution, treatment, and related facilities and real property interests related thereto; roads; streets; state highways; rights-of-way; lighting; traffic signals and signs; direction and location signage and similar signage; land acquisition; surveying, engineering, soils testing, site planning, grading, and similar activities necessary or convenient for site preparation and development; park and recreational facilities; trails and paths; public safety facilities; landscaping; tourism and entertainment facilities; transportation facilities; surface and structured parking facilities; and any other facilities or improvements necessary to or convenient for the completion of an approved project.
(6) Financing entity means the entity designated by the commission in
connection with its approval of a regional tourism project to receive and utilize state sales tax increment revenue. A financing entity may be a county revitalization authority created pursuant to article 31 of title 30, a metropolitan district created pursuant to title 32, an urban renewal authority created pursuant to part 1 of article 25 of title 31, or any regional tourism authority to be formed pursuant to this part 3.
(7) Financing term means the aggregate period authorized by the
commission pursuant to this part 3 within which the financing entity is authorized to receive and utilize state sales tax increment revenue to finance eligible costs.
(7.5) Gambling-related activities means any betting, wagering, or
payments made on or in connection with one or more games that qualify as gambling as defined in section 18-10-102 (2), or limited gaming as defined in section 9 of article XVIII of the state constitution and section 44-30-103 (22).
(8) Local government means a city, county, city and county, or town or a
group of contiguous cities, counties, city and counties, or towns.
(9) Regional tourism authority or authority means a corporate body
organized pursuant to this part 3 for the purposes, with the powers, and subject to the restrictions set forth in this part 3 and the formation of which has been approved by the commission pursuant to this part 3.
(10) Regional tourism project or project means a development project
that is planned to include a tourism or entertainment facility together with ancillary uses, structures, and improvements, and that has been approved by the commission pursuant to this part 3.
(11) Regional tourism zone means the geographic area defined by the
commission as part of an approved regional tourism project. A regional tourism zone shall not extend into the territorial boundaries of any local government except for the local government that is requesting the designation of the regional tourism zone. A regional tourism zone may be limited to portions of a local government and may include noncontiguous tracts or parcels of property.
(12) State sales tax increment revenue means the portion of the revenue
derived from state sales taxes, including any revenue attributable to the baseline growth rate, collected within a designated regional tourism zone in excess of the amount of base year revenue. State sales tax increment revenue does not include any additional revenue derived from state sales taxes that are due to the changes set forth in section 39-26-105 (1)(d), enacted in 2019 and as amended thereafter, to the amount retained by a vendor to cover the vendor's expenses in collecting and remitting sales tax.
(13) Tourism or entertainment facility means a facility or group of
interrelated facilities constructed primarily for use as a tourism or entertainment venue that is reasonably anticipated to draw a significant number of regional, national, or international patrons. A tourism or entertainment facility may include but need not be limited to museums, stadiums, arenas, major sports facilities, performing arts theaters, theme or amusement parks, conference center or resort hotels, or other similar venues. Tourism or entertainment facility shall not include any facility or group of interrelated facilities that directly or indirectly offer, make available, or facilitate in any manner one or more gambling-related activities.
Source: L. 2009: Entire part added, (SB 09-173), ch. 434, p. 2404, � 1,
effective June 4. L. 2010: (4) amended, (HB 10-1422), ch. 419, p. 2084, � 69, effective August 11; (7.5) added and (13) amended, (SB 10-031), ch. 61, p. 219, � 1, effective August 11. L. 2013: (12) amended, (HB 13-1295), ch. 314, p. 1655, � 9, effective July 1, 2014. L. 2014: (1.5) added and (12) amended, (HB 14-1350), ch. 301, p. 1256, �� 1, 2, effective May 31. L. 2018: (7.5) amended, (SB 18-034), ch. 14, p. 246, � 34, effective October 1. L. 2019: (12) amended, (HB 19-1240), ch. 264, p. 2502, � 8, effective June 1; (12) amended, (HB 19-1245), ch. 199, p. 2157, � 4, effective August 2. L. 2024: (6) amended, (HB 24-1172), ch. 387, p. 2679, � 5, effective August 7. L. 2025, 1st Ex. Sess.: (12) amended, (HB 25B-1005), ch. 9, p. 39, � 3, effective August 28.
Editor's note: Amendments to subsection (12) by HB 19-1240 and HB 19-1245
were harmonized.
Cross references: (1) For the legislative declaration in the 2013 act
amending subsection (12), see section 1 of chapter 314, Session Laws of Colorado 2013.
(2) For the short title (Affordable Housing Act of 2019) and the legislative
declaration in HB 19-1245, see sections 1 and 2 of chapter 199, Session Laws of Colorado 2019.
(3) For the legislative declaration in HB 25B-1005, see section 1 of chapter 9,
Session Laws of Colorado 2025, First Extraordinary Session.
C.R.S. § 24-47-103
24-47-103. Advanced industry - export acceleration program - definitions - repeal. (1) Legislative declaration. (a) The general assembly finds and declares that:
(I) Most consumers live outside of the United States of America;
(II) The international monetary fund forecasts that over the next five years
eighty-seven percent of world economic growth will occur outside of this country;
(III) It is difficult for Colorado businesses, particularly small and mid-sized
ones, to become exporters because of a lack of the requisite information and market research and other challenges related to international trade;
(IV) The Colorado international trade office has several exporting programs
that enjoy significant returns on investment as measured by a business's international sales per dollar received.
(b) It is the intent of the general assembly to create a new program that
combines financial resources, training, and consulting services to provide a robust and comprehensive trade export promotion service for Colorado businesses.
(2) Definitions. As used in this section:
(a) Advanced industry means the following industries:
(I) Advanced manufacturing;
(II) Aerospace;
(III) Bioscience;
(IV) Electronics;
(V) Energy and natural resources;
(VI) Infrastructure engineering; and
(VII) Information technology.
(b) Fund means the advanced industries export acceleration cash fund
created in paragraph (a) of subsection (8) of this section.
(c) Office means the Colorado international trade office created in section
24-47-101.
(d) Program means the advanced industries export acceleration program
created in paragraph (a) of subsection (3) of this section.
(3) The advanced industry export acceleration program is created in the
Colorado international trade office. The program is administered by the office and includes export expense reimbursement, export training, and global network consultation.
(4) International export development expense reimbursement. (a)
Beginning January 1, 2014, the office may reimburse a qualifying business under paragraph (c) of this subsection (4) for up to one-half of its international export development expenses.
(b) The maximum amount that a business may be reimbursed under this
subsection (4) is fifteen thousand dollars. The office may conditionally approve an expense prior to the business incurring it.
(c) In order to be eligible for an international export development expense
reimbursement from the office, a business must:
(I) Be in an advanced industry;
(II) Be new to exporting or expanding into a new export market;
(III) Employ fewer than two hundred employees globally;
(IV) Have its headquarters located in Colorado or have at least fifty percent
of its employees based in Colorado;
(V) Have at least two years of domestic sales experience;
(VI) Repealed.
(VII) Be registered and in good standing with the Colorado secretary of state;
and
(VIII) Have a product or service that is ready to be exported.
(d) Eligible international export development expenses include:
(I) Participation in an overseas trade mission;
(II) Participation in an international or domestic trade show;
(III) An international market sales trip;
(IV) Legal fees related to a contract, intellectual property protection, or
other issues relating to exporting goods or services;
(V) Design or production of international marketing materials;
(VI) Due diligence on, or credit reviews of, potential international buyers and
distributors;
(VII) Compliance with international requirements for labeling, packaging, or
shipping;
(VIII) Translation services for a contract, an official document, marketing
materials, or a website;
(IX) Quality or environmental certifications; and
(X) Preparation of product documents, product registration, or assembly or
maintenance instructions.
(e) The office shall not reimburse a business under this subsection (4) for any
expense that a state agency would be prohibited under state law to reimburse an employee for.
(f) The office may establish conditions based on export sales under which
the office receives payments from a business that received an international export development expense reimbursement. The office shall transfer any moneys so received to the state treasurer for deposit in the fund.
(g) On or before December 1, 2013, the office shall establish procedures and
timelines for reimbursement applications; criteria for determining reimbursement amounts; recipient reporting requirements; and any other program policies. The office may amend these policies at any time.
(5) Export training. (a) The office shall provide export training for advanced
industry businesses to learn about the fundamentals of exporting. The office may collaborate with private trade organizations and federal export assistance organizations to conduct the training. To the extent possible, the office shall tailor the curriculum to the needs and demands of each type of advanced industry.
(b) Export training may include conferences, seminars, and workshops on
trade-related topics, which include challenges and opportunities in international trade. The conferences may include trade experts, exporting businesses, industry partners, and the office.
(c) The office may charge reasonable fees for a business to attend a training
session. The office shall transfer these fees to the state treasurer for deposit in the fund.
(6) Global network consultation. (a) The office shall develop a global
network of trade consultants in key international markets to assist the office in accelerating advanced industries exports. The types of services the office may utilize the consultants for include:
(I) Market research and other insights about the local markets;
(II) In-country introductions;
(III) Developing market entry strategies;
(IV) Matching Colorado companies with potential trade partners and
distributors;
(V) Conducting due diligence on potential trade partners;
(VI) Helping companies define their competitive advantages;
(VII) Understanding a country's importation process, including licensing
requirements, tariffs and taxes, and applicable regulations; and
(VIII) Translation services and cultural interpretation.
(b) The office may match a Colorado business with a consultant for the
services identified in paragraph (a) of this subsection (6), and other services. The office may pay the consultant on behalf of the business, and then may charge the business receiving the consulting service for some or all of the costs of the consultation. The office shall transfer any of these fees to the state treasurer for deposit in the fund.
(7) Reporting. (a) On or before November 1, 2014, and each November 1
through November 2034, the office shall submit a report to the finance and the business, labor, economic, and workforce development committees of the house of representatives and to the business, labor, and technology and the finance committees of the senate, or any successor committees, summarizing program activities during the preceding fiscal year.
(b) Section 24-1-136 (11) does not apply to the report required by subsection
(7)(a) of this section.
(8) Fund. (a) The advanced industries export acceleration cash fund is
created in the state treasury. The fund consists of:
(I) Payments credited to the fund pursuant to paragraph (e) of subsection (4)
of this section;
(II) Fees credited to the fund pursuant to paragraph (c) of subsection (5) and
paragraph (b) of subsection (6) of this section;
(III) Any gifts, grants, or donations credited to it pursuant to paragraph (b) of
this subsection (8);
(IV) Any moneys that the general assembly appropriates to it; and
(V) Repealed.
(b) (I) The office is authorized to seek, accept, and expend gifts, grants, or
donations from private or public sources for the purposes of the program; except that the office may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state. The office shall transmit all private and public moneys received through gifts, grants, or donations to the state treasurer, who shall credit the same to the fund.
(II) The general assembly finds that the implementation of this program does
not rely entirely or in any part on the receipt of adequate funding through gifts, grants, or donations. Therefore, the office is not subject to the notice requirements specified in section 24-75-1303 (3).
(c) The moneys in the fund are subject to annual appropriation by the general
assembly to the office for the purpose of administering the program. Any unexpended and unencumbered moneys from an appropriation made pursuant to this paragraph (c) remain available for expenditure by the office in the next fiscal year without further appropriation. The office's administrative expenses for the program in a fiscal year shall not exceed five percent of the moneys transferred or appropriated to the fund in the fiscal year. The office shall make all export expense reimbursements from moneys in the fund.
(d) As provided by law, the state treasurer may invest any unexpended
moneys in the advanced industries acceleration cash fund. All interest and income derived from the investment and deposit of moneys in the fund are credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall not be credited or transferred to the general fund or another fund; except that any unexpended and unencumbered moneys remaining in the fund upon the repeal of this section are transferred to the general fund.
(9) Repeal. This section is repealed, effective January 1, 2035.
Source: L. 2013: Entire section added, (HB 13-1193), ch. 259, p. 1365, � 1,
effective August 7. L. 2014: (8)(a)(V), (8)(b)(I), and (8)(c) amended, (HB 14-1011), ch. 231, p. 856, � 1, effective May 17. L. 2018: (7)(b) amended, (HB 18-1375), ch. 274, p. 1711, � 51, effective May 29; (7)(a) and (9) amended and (8)(a)(V) repealed, (HB 18-1135), ch. 304, p. 1848, � 1, effective August 8. L. 2023: (4)(c)(VI) repealed and (7)(a) and (9) amended, (SB 23-066), ch. 211, p. 1095, � 1, effective August 7.
ARTICLE 47.5
Colorado Energy Research Authority
24-47.5-100.3. Definitions. As used in this article 47.5, unless the context
otherwise requires:
(1) Authority means the Colorado energy research authority created in
section 24-47.5-101 (2).
(2) Collaboratory means the Colorado energy research collaboratory
described in section 24-47.5-102 (1.5).
Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2067, � 169,
effective August 6.
24-47.5-101. Colorado energy research authority - creation - legislative
declaration. (1) (a) The general assembly finds, determines, and declares that:
(I) The production and efficient use of energy will continue to play a central
role in the future of this state and the nation as a whole; and
(II) The development, production, and efficient use of clean energy will
advance the security, economic well-being, and public and environmental health of this state, as well as contributing to the energy independence of our nation.
(b) The general assembly further finds, determines, and declares that the
authority and powers conferred under this article, as well as the expenditures of public money made pursuant to this article, will serve a valid public purpose and that the enactment of this article is expressly declared to be in the public interest.
(2) There is hereby created the Colorado energy research authority, which is
a body corporate and a political subdivision of the state. The authority is not an agency of state government, nor is it subject to administrative direction by any department, commission, board, bureau, or agency of the state, except to the extent provided by this article 47.5.
(3) (a) The powers of the authority shall be vested in a board of directors.
(b) The board consists of three members appointed by the governor, with the
consent of the senate, plus the following four ex officio members: The presidents of the Colorado school of mines and Colorado state university, the chancellor of the university of Colorado at Boulder, and the director of the national renewable energy laboratory, or their designees.
(c) The terms of the appointed members of the board shall be four years. An
appointed member shall be eligible for reappointment. Each member shall hold office until a successor has been appointed and the senate has confirmed the appointment. A vacancy in the membership occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only. Each appointed member may be removed from office by the governor for cause, after a public hearing, and may be suspended by the governor pending the completion of such hearing.
(4) The members of the board shall elect a chair and a vice-chair. The
members of the board shall also elect a secretary and a treasurer, who need not be members, and the same person may be elected to serve as both secretary and treasurer. The powers of the board may be vested in the officers from time to time. Four members shall constitute a quorum. No vacancy in the membership of the board shall impair the right of a quorum of the members to exercise all the powers and perform all the duties of the board.
(5) Each member of the board not otherwise in full-time employment of the
state shall receive a per diem of fifty dollars for each day actually and necessarily spent in the discharge of official duties, and all members shall receive traveling and other necessary expenses actually incurred in the performance of official duties.
Source: L. 2006: Entire article added, p. 1739, � 2, effective June 6. L. 2008:
(3)(b) amended, p. 383, � 2, effective April 10. L. 2014: (1)(a)(II), (2), (3)(b), and (3)(c) amended, (SB 14-011), ch. 217, p. 813, � 1, effective May 16. L. 2025: (2) amended, (SB 25-275), ch. 377, p. 2067, � 170, effective August 6.
Cross references: For the legislative declaration contained in the 2008 act
amending subsection (3)(b), see section 1 of chapter 125, Session Laws of Colorado 2008.
24-47.5-102. Colorado energy research authority - powers and duties. (1)
Except as otherwise limited by this article, the authority, acting through the board, has the power:
(a) To have the duties, privileges, immunities, rights, liabilities, and
disabilities of a body corporate and political subdivision of the state;
(b) To sue and be sued;
(c) To have an official seal and to alter the same at the board's pleasure;
(d) To make and alter bylaws for its organization and internal management
and for the conduct of its affairs and business;
(e) To maintain an office at such place or places within the state as it may
determine;
(f) To acquire, hold, use, and dispose of its income, revenues, funds, and
moneys;
(g) To make and enter into all contracts, leases, and agreements that are
necessary or incidental to the performance of its duties and the exercise of its powers under this article;
(h) To deposit any moneys of the authority in any banking institution within or
outside the state;
(i) To fix the time and place or places at which its regular and special
meetings are to be held; and
(j) To do any and all things necessary or convenient to carry out its purposes
and exercise the powers given and granted in this article.
(1.5) The authority shall direct the allocation of state matching funds to the
extent required to support one or more activities or proposals of the Colorado energy research collaboratory, which consists of the Colorado school of mines, Colorado state university, university of Colorado at Boulder, and the national renewable energy laboratory, for federal energy research funding and energy-related research funding from federal agencies and other public and private entities.
(2) The authority may:
(a) Promote the activities of the collaboratory in order to increase the federal
energy research funding and energy-related research funding;
(b) Promote rapid transfer of new technologies developed by the
collaboratory to the private sector to attract and promote clean energy businesses in Colorado;
(c) Develop educational and research programs for Colorado state colleges
in collaboration with the collaboratory that will translate into high-technology employment opportunities for Colorado students and residents;
(d) Become a regional resource and clearing house for clean energy
information, to be available to the general public and to engineering, architectural, and design professionals. The authority shall not construct a headquarters or other building for its own use.
(e) Support development of the collaboratory, including funding of any joint
institute or other entity created by the Colorado school of mines, Colorado state university, and university of Colorado at Boulder or the collaboratory to jointly pursue clean energy research.
(3) On or before September 1, 2014, and each September 1 thereafter, the
authority shall submit a report to the Colorado office of economic development summarizing the energy research projects that received funding under this article in the preceding calendar year. At a minimum, the report shall specify the following information:
(a) A description of each project that received funding under this article,
including the amount of the funding, and the principal persons or entities involved in the project;
(b) The total amount of moneys that the authority allocated for all projects;
(c) The results achieved by the project, including intellectual property,
licensing and commercialization activities, and any other economic benefits to the state; and
(d) The total amount of federal and private funds that were received by
projects that received funding under this article.
(4) (Deleted by amendment, L. 2008, p. 383, � 3, effective April 10, 2008.)
Source: L. 2006: Entire article added, p. 1740, � 2, effective June 6. L. 2008:
(2)(b), (3)(c), and (4) amended, p. 383, � 3, effective April 10. L. 2014: (1.5) added and (2) and (3) amended, (SB 14-011), ch. 217, p. 814, � 2, effective May 16. L. 2025: (1.5) amended, (SB 25-275), ch. 377, p. 2067, � 171, effective August 6.
Cross references: For the legislative declaration contained in the 2008 act
amending subsections (2)(b), (3)(c), and (4), see section 1 of chapter 125, Session Laws of Colorado 2008.
24-47.5-103. Funding - repeal. (Repealed)
Source: L. 2006: Entire article added, p. 1742, � 2, effective June 6. L. 2007:
(1) amended, p. 490, � 2, effective April 16. L. 2008: (1) amended, p. 70, � 6, effective March 18; (1) amended, p. 1871, � 6, effective June 2. L. 2012: (1) amended, (HB 12-1315), ch. 224, p. 973, � 32, effective July 1. L. 2014: Entire section RC&RE, (SB 14-011), ch. 217, p. 815, � 3, effective May 16.
Editor's note: This section provided for the repeal of this section, effective
July 1, 2020. (See L. 2014, p. 815.)
ARTICLE 48
Colorado Office of Space Advocacy
24-48-101 to 24-48-105. (Repealed)
Editor's note: (1) This article was added in 1990. For amendments to this
article prior to its repeal in 1994, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
(2) Section 24-48-105 provided for the repeal of this article, effective July 1,
- (See L. 90, p. 1239.)
ARTICLE 48.5
Office of Economic Development
PART 1
OFFICE OF ECONOMIC DEVELOPMENT
24-48.5-101. Colorado office of economic development - creation - duties -
report. (1) There is hereby created within the office of the governor the Colorado office of economic development, the head of which shall be the director of the office of economic development, which office is hereby created. The director of the office, who shall also serve as the special assistant to the governor for economic development, shall be assisted by an assistant director, which office is hereby created, and a staff for economic development, including but not limited to small business, finance, and marketing.
(2) The Colorado office of economic development shall:
(a) Encourage the expansion and retention of Colorado businesses through
business recruitment, retention, and expansion assistance;
(b) Coordinate the marketing of Colorado as a site for expansion or
relocation projects for companies in other states or countries;
(c) Coordinate job training and management and financial assistance to
existing Colorado companies or to out-of-state companies which are considering expansion or relocation in Colorado;
(d) Provide services to small businesses in Colorado in order to help them
expand or remain in business;
(e) Provide technical assistance and research support for business
recruitment, retention, and expansion assistance programs supported by local government and private-public partnerships;
(f) Foster a positive business climate by advising the governor and the
general assembly on issues affecting the business community;
(g) Repealed.
(h) In its business recruitment, retention, and expansion assistance activities,
provide information on the state's program of tax incentives, state and local government procurement policies, and economic development incentives that are available to business enterprises engaged in recycling and waste diversion activities, including research and development efforts and the development of markets for reusable, source-reduced, recycled, and composted products and materials in all forms.
(i) Contribute education and workforce readiness data beginning in the
2025-26 state fiscal year, as necessary, to the Colorado statewide longitudinal data system consistent with the governance practices established by the Colorado statewide longitudinal data system governing board pursuant to section 24-37.5-125 (4).
(3) The Colorado office of economic development shall advise and provide
guidance to the small business navigator described in section 24-48.5-102 and shall advise and provide guidance to coordinate activities of small business development centers and the business advancement center operated by the university of Colorado.
(4) The Colorado office of economic development shall provide staff support
for the gateway computer network.
(5) The Colorado office of economic development shall encourage
investment of public pension funds in economic development activities in this state.
(6) It is the intent of the general assembly in enacting this section that the
Colorado economy be broadened as a result of a quantifiable increase in the number of Colorado companies receiving technical and job training assistance and other assistance in business development.
(7) (a) On or before November 1, 2012, and, notwithstanding section 24-1-136
(11), on or before November 1 each year thereafter, the director of the office of economic development, or the director's designee, shall submit a report to the general assembly. The report shall include a review and summary of the activity, information, and data on all the programs that the office administered during the prior fiscal year.
(b) In order to minimize the costs associated with preparing the report
required by paragraph (a) of this subsection (7), the office of economic development is authorized to incorporate or append to such report any other reports it is required by law to develop.
Source: L. 90: Entire article added, p. 1241, � 1, effective July 1. L. 93: (2)(h)
added, p. 2132, � 4, effective June 12. L. 94: (2)(g) repealed, p. 1820, � 7, effective June 1. L. 2000: (1), IP(2), (3), (4), and (5) amended, p. 1675, � 1, effective July 1. L. 2011: (3) amended, (HB 11-1209), ch. 168, p. 578, � 2, effective May 9. L. 2012: (7) added, (SB 12-166), ch. 243, p. 1148, � 1, effective August 8. L. 2024: (2)(i) added, (HB 24-1364), ch. 238, p. 1562, � 16, effective May 23.
Cross references: For the legislative declaration in the 2011 act amending
subsection (3), see section 1 of chapter 168, Session Laws of Colorado 2011.
24-48.5-102. Small business assistance center. (1) (a) In addition to the
powers and duties specified in section 24-48.5-101, the Colorado office of economic development shall include the small business assistance center, which shall provide comprehensive information on the federal, state, and local requirements necessary to begin a business and shall make this information available to the public. The office shall also have available comprehensive information on the forms and merits of employee ownership and the revolving loan program described in section 24-48.5-124 (4).
(b) (I) The small business assistance center shall also create a small business
navigator that shall provide a single point of contact for small businesses in order to facilitate and assist small businesses by:
(A) Diagnosing problems;
(B) Providing information and streamlining referrals to small business
development centers, the Colorado credit reserve program, the federal small business credit initiative, or other such centers or organizations;
(C) Providing information regarding state government contracting offices
and processes;
(D) Providing assistance with state rules; and
(E) Conducting any follow-up with the small business as needed.
(II) On or before January 15, 2012, and on or before each January 15
thereafter, the Colorado office of economic development shall submit a report to the business, labor, and technology committee of the senate and the economic and business development committee of the house of representatives, or such successor committees, which report shall include the number of small businesses being served by the small business navigator.
(2) The small business assistance center shall have the authority to accept
and expend moneys from sources other than the state of Colorado for the purpose of performing specific projects, studies, or procedures, or to provide assistance. Such projects, studies, procedures, or assistance shall be reviewed and approved by the Colorado office of economic development and shall be consistent with the duties, authority, and purposes of the Colorado office of economic development as established in this article. Any receipt and expenditure of funds shall be reported to the general assembly as part of the office's annual budget request.
(3) The services rendered by the center shall be made available without
charge; except that the applicant shall not be relieved from any part of the fees or charges established for the review and approval of specific permit applications, from any of the apportioned costs of a consolidated hearing conducted under this section, or from the costs of any contracted services as authorized by the applicant under this section.
(4) Any person who provides information developed by the center and
charges any fee for such information shall disclose in at least ten-point type, before any obligation is incurred, that such information is available at no cost from the center. Any person who knowingly fails to make the disclosure required by this subsection (4) commits a civil infraction and shall be punished as provided in section 18-1.3-503.
Source: L. 97: Entire section added, p. 525, � 5, effective July 1. L. 2000: (1)
and (2) amended, p. 1676, � 2, effective July 1. L. 2002: (4) amended, p. 1534, � 256, effective October 1. L. 2011: (1) amended, (HB 11-1209), ch. 168, p. 578, � 3, effective May 9. L. 2017: (1)(a) amended, (HB 17-1214), ch. 203, p. 754, � 2, effective May 18. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3229, � 427, effective March 1, 2022.
Cross references: (1) For the legislative declaration in the 2002 act
amending subsection (4), see section 1 of chapter 318, Session Laws of Colorado 2002.
(2) For the legislative declaration in the 2011 act amending subsection (1),
see section 1 of chapter 168, Session Laws of Colorado 2011.
24-48.5-102.5. Appropriations for small business development centers -
report - legislative declaration - repeal. (Repealed)
Source: L. 2013: Entire section added, (HB 13-1002), ch. 172, p. 620, � 1,
effective May 10.
Editor's note: Subsection (3) provided for the repeal this section, effective
July 1, 2016. (See L. 2013, p. 620.)
24-48.5-102.7. Economic gardening pilot project - small business
development centers - economic gardening pilot project fund - created - annual report - definitions - repeal. (Repealed)
Source: L. 2013: Entire section added, (HB 13-1003), ch. 264, p. 1386, � 2,
effective August 7.
Editor's note: Subsection (7) provided for the repeal of this section, effective
July 1, 2017. (See L. 2013, p. 1386.)
24-48.5-103. Motion picture and television advisory commission abolished
-
reestablished. (Repealed)
Source: L. 2000: Entire section added with relocations, p. 1676, � 3, effective July 1. L. 2001: (2) amended, p. 1273, � 33, effective June 5. L. 2005: Entire section repealed, p. 209, � 4, effective August 8.
Editor's note: This section was similar to former � 24-32-308 as it existed prior to 2000.
24-48.5-104. Functions of commission - legislative declaration. (Repealed)
Source: L. 2000: Entire section added with relocations, p. 1676, � 3, effective July 1. L. 2005: Entire section repealed, p. 209, � 4, effective August 8.
Editor's note: This section was similar to former � 24-32-309 as it existed prior to 2000.
24-48.5-105. Transfer of functions - Colorado customized training program - Colorado economic development commission - contracts - continuation of regulations. (1) On and after July 1, 2000, the Colorado office of economic development shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations previously vested in the following programs and commissions concerning the duties and functions transferred to the office pursuant to this section:
(a) (Deleted by amendment, L. 2005, p. 207, � 2, effective August 8, 2005.)
(b) The Colorado economic development commission, a commission currently in the department of local affairs.
(2) On July 1, 2000, employees of the Colorado economic development commission whose principal duties and functions concern the duties and functions transferred to the Colorado office of economic development pursuant to this section and whose employment in said office is deemed necessary by the director of such office to carry out the purposes of this article shall be transferred to such office and shall become employees thereof. Any employees who are classified employees in the state personnel system shall retain all rights to the personnel system and retirement benefits under the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with the state personnel system laws and rules.
(3) On and after July 1, 2000, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the Colorado economic development commission pertaining to the duties and functions transferred to the Colorado office of economic development pursuant to this section are transferred to said office and become property thereof.
(4) Whenever the motion picture and television advisory commission, as it existed prior to August 8, 2005, or Colorado economic development commission is referred to or designated by any contract or other document in connection with the duties and functions transferred to the Colorado office of economic development pursuant to this section, such reference or designation shall be deemed to apply to such office. All contracts entered into by the motion picture and television advisory commission, as it existed prior to August 8, 2005, or Colorado economic development commission prior to July 1, 2000, in connection with the duties and functions transferred to said office pursuant to this section are hereby validated, with such office succeeding to all the rights and obligations of such contracts. Any appropriations of funds from prior fiscal years open to satisfy obligations incurred pursuant to such contracts are hereby transferred and appropriated to such office for the payment of said obligations.
(5) On and after July 1, 2000, the Colorado office of economic development shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations previously vested in the department of local affairs concerning the joint administration of the Colorado customized training program, a program within the state board for community colleges and occupational education.
Source: L. 2000: Entire section added with relocations, p. 1676, � 3, effective July 1. L. 2005: (1)(a), (2), (3), and (4) amended, p. 207, � 2, effective August 8.
24-48.5-106. Certified capital companies - rules. (1) The Colorado office of economic development shall carry out the responsibilities delegated to it pursuant to article 3.5 of title 10, C.R.S., related to certified capital companies.
(2) The director of the Colorado office of economic development shall promulgate rules necessary to carry out the provisions of article 3.5 of title 10, C.R.S., by September 30, 2001. Such rules shall provide that the Colorado office of economic development shall begin accepting applications for certification as a certified capital company no later than October 31, 2001. Such rules shall further provide that any certified capital company may file premium tax credit allocation claims on behalf of its certified investors at any time on or after it becomes certified by the Colorado office of economic development, but in no case earlier than January 31, 2002, for premium tax credits that may be taken beginning in tax year 2003, and no earlier than January 31, 2004, for premium tax credits that may be taken beginning in tax year 2005, and that premium tax credits shall be earned by and vested in certified investors at the time of such investment of certified capital, although such premium tax credits may not be claimed or utilized until the tax year beginning on or after January 1, 2003, with respect to investments of certified capital made subsequent to January 31, 2002, but prior to January 31, 2004, or until the tax year beginning on or after January 1, 2005, with respect to investments of certified capital made subsequent to January 31, 2004.
(3) All direct and indirect expenditures incurred by the Colorado office of economic development in carrying out the responsibilities assigned to the office in this section shall be paid from the division of insurance cash fund, created in section 10-1-103 (3), C.R.S.
(4) Repealed.
Source: L. 2001: Entire section added, p. 1539, � 2, effective June 9. L. 2008: (4) repealed, p. 1903, � 90, effective August 5.
24-48.5-107. Film production companies - contact - registration - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Commercial advertising production means the production of a film that is created to promote specific brands, products, services, retailers, or advocacy positions. Commercial advertising production does not include the production of a film that is for the purpose of advocating the election or defeat of a candidate or supporting or opposing a ballot issue or ballot question.
(b) Film means any visual or audiovisual work that contains a series of related images, that is fixed on photographic film, videotape, computer disc, laser disc, or a similar recording medium from which it can be viewed or reproduced, and that is a commercial advertising production or is shown in theaters, licensed for television broadcasting, or licensed for the home viewing market.
(c) Production activities means the shooting of a film, support activities related to such shooting, and any preshooting or postshooting activities that are necessary to produce a finished film, including but not limited to editing and the creation of sets, props, costumes, and special effects.
(d) Production company means a person, including a corporation or other business entity, that engages in production activities for the purpose of producing all or any portion of a film in Colorado.
(2) The Colorado office of economic development, or a designee of the director of the office, shall serve as the initial contact for any production company that is engaged in production activities in the state for the purpose of producing all or any portion of a film in the state. The office, or a designee of the director of the office, shall aid any production company in obtaining required permits, coordinating necessary state resources, scheduling the use of state highways or other state-owned property, ensuring that any fees imposed by any department, division, or entity of state government are waived for the production company pursuant to subsection (3) of this section, and shall otherwise assist a production company in filming all or a portion of a film in the state.
(3) Notwithstanding requirements otherwise specified in law, any permit fee that is imposed by any department, division, or entity of state government shall be waived for any production company that is participating in production activities in the state.
(4) The Colorado office of economic development shall satisfy the requirements of this section within the existing resources of the office.
(5) The director of the Colorado office of economic development may designate a person, a public or private entity, or a venture between public and private entities to be responsible for fulfilling the requirements of this section.
Source: L. 2005: Entire section added, p. 709, � 1, effective June 1.
24-48.5-108. Bioscience research - evaluation - grants - fund - definitions - repeal. (Repealed)
Source: L. 2006: Entire section added, p. 1670, � 1, effective June 5. L. 2007: Entire section amended, p. 1123, � 1, effective May 23. L. 2008: Entire section amended, p. 598, � 1, effective April 24. L. 2011: (5)(a) amended, (SB 11-159), ch. 54, p. 143, � 5, effective March 25; (6) amended, (HB 11-1283), ch. 162, p. 559, � 1, effective August 10; (5)(a) and (6) amended, (SB 11-047), ch. 213, p. 936, � 2, effective July 1, 2012. L. 2012: (4)(b) amended, (SB 12-166), ch. 243, p. 1149, � 4, effective August 8. L. 2013: (5)(c) added and (6) amended, (HB 13-1001), ch. 227, p. 1078, � 5, effective August 7.
Editor's note: Subsection (6) provided for the repeal of this section, effective January 2, 2015. (See L. 2013, p. 1078.)
24-48.5-109. STEM after-school education pilot grant program - fund - report - repeal. (Repealed)
Source: L. 2007: Entire section added, p. 668, � 1, effective May 2. L. 2008: (2)(b) added, p. 1218, � 32, effective May 22.
Editor's note: Subsection (8) provided for the repeal of this section, effective July 1, 2010. (See L. 2007, p. 668.)
24-48.5-110. Administration of enterprise zone program - transfer of employee. (1) On and after July 1, 2008, any employee of the department of local affairs prior to said date whose duties and functions concerned the administration of the enterprise zone program assumed by the Colorado office of economic development pursuant to article 30 of title 39, C.R.S., shall be transferred to the office and shall become an employee thereof.
(2) Any employee transferred to the Colorado office of economic development pursuant to subsection (1) of this section who is a classified employee in the state personnel system shall retain all rights to the personnel system and retirement benefits pursuant to the laws of this state, and their service shall be deemed to have been continuous.
(3) After the separation or termination of employment of any person transferred to the Colorado office of economic development pursuant to subsection (1) of this section, any employee hired by the office to assume the duties and functions concerning the administration of the enterprise zone program shall not become a classified employee in the state personnel system and instead shall be hired pursuant to the procedures established by the office.
Source: L. 2008: Entire section added, p. 221, � 5, effective March 26.
24-48.5-111. Clean technology discovery evaluation grant program - clean technology research - evaluation - fund - definitions - repeal. (Repealed)
Source: L. 2009: Entire section added, (SB 09-031), ch. 222, p. 1003, � 1, effective May 4. L. 2011: (5)(a) and (6) amended, (SB 11-047), ch. 213, p. 936, � 3, effective July 1, 2012. L. 2013: Entire section repealed, (HB 13-1001), ch. 227, p. 1085, � 8, effective August 7.
Cross references: In 2013, this section was repealed by the Colorado Advanced Industries Acceleration Act. For the short title, see section 1 of chapter 227, Session Laws of Colorado 2013.
24-48.5-112. Advanced industry investment tax credit - administration - legislative declaration - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Advanced industry has the same meaning as set forth in section 24-48.5-117 (2)(a).
(b) Advanced industry investment tax credit or tax credit means the credit against income tax created in section 39-22-532, C.R.S.
(c) Repealed.
(d) Office means the Colorado office of economic development created in section 24-48.5-101.
(e) Qualified investment means a monetary investment made at any time on or after July 1, 2014, but before January 1, 2032, in an equity security that meets all of the following requirements:
(I) The equity security is common stock, preferred stock, an interest in a partnership or limited liability company, a security that is convertible into an equity security, a convertible debt investment, or other equity security as determined by the office; and
(II) The investment is at least ten thousand dollars;
(III) and (IV) Repealed.
(f) Qualified investor means a person subject to tax under article 22 of title 39 that makes a qualified investment in a qualified small business; except that a C corporation, as defined in section 39-22-103 (2.5), including any limited liability company or other legal entity treated as a C corporation for state and federal income tax purposes, is not a qualified investor. A qualified investor may include a partner, shareholder, or beneficiary that is allocated a credit pursuant to section 39-22-532 (7). A qualified investor may be a partnership, which includes any limited liability company or other legal entity treated as a partnership for state and federal income tax purposes, or an S corporation, which includes any limited liability company or other legal entity treated as an S corporation for state and federal income tax purposes. A qualified investor does not include a person that has control of a qualified small business for six months preceding or following the date of the investment in the qualified small business. For purposes of this subsection (1)(f), control means the power to determine the policies of the qualified small business, whether through ownership of voting securities, by contract, or otherwise, including involvement in the qualified small business's operations. A founder, employee, or contractor or the spouse of a founder, employee, or contractor of a qualified small business is not a qualified investor. A person that has invested more than fifty thousand dollars in the qualified small business or owns more than ten percent of the qualified small business on a fully diluted basis is not a qualified investor.
(g) Qualified small business means a corporation, limited liability company, partnership, or other business entity that:
(I) Is in an advanced industry, as defined in section 24-48.5-117 (2)(a);
(II) Has its headquarters located in Colorado or has at least fifty percent of its employees based in Colorado;
(III) Has received less than ten million dollars from third-party investors, not including grants, since the business was formed; and
(IV) Has annual revenues of less than five million dollars or has been actively operating and generating revenue for less than five years.
(V) Repealed.
(1.5) In accordance with section 39-21-304 (1), which requires each bill that extends an expiring tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly hereby finds and declares that:
(a) The general legislative purposes of the tax credit allowed by this section are:
(I) To induce certain designated behavior by taxpayers;
(II) To improve industry competitiveness; and
(III) To provide tax relief for certain businesses or individuals;
(b) The specific legislative purpose of the tax credit allowed by this section is to encourage investment in small businesses located in Colorado in advanced industries, including in quantum fields, and in particular in small businesses in advanced industries, including in quantum fields, located in a rural area or economically distressed area of the state; and
(c) The statement required by an applicant on the application for an advanced industry investment tax credit set forth in subsection (2)(e) of this section, and the reports that the office is required to submit pursuant to subsection (6) of this section, will allow the general assembly and the state auditor to measure the effectiveness of the tax expenditure.
(2) (a) The office shall receive and evaluate applications that are submitted by qualified investors to receive an advanced industry investment tax credit for qualified investments made in a qualified small business that has been evaluated and certified as eligible to receive qualified investments for the purposes of this section.
(b) To be eligible for an advanced industry investment tax credit, a qualified investor must file a completed application with the office within ninety days after making a qualified investment in a certified and qualified small business. The office shall prescribe the manner and form of the application. The office shall note the time and date of each application received. In addition to any other requirements established by the office, the application must include the name, address, and federal income tax identification number of the applicant, and any additional information that the office requires. The office may require the qualified investor to provide information to confirm that a qualified investment has been made in a qualified small business, the intended use of the qualified investment, and the expected number of new employees that will be hired by the qualified small business as a result of the qualified investment.
(c) A business shall submit an application to the office to determine whether it is a qualified small business. Upon receipt of an application for an advanced industry investment tax credit from a qualified investor, the office shall determine whether the business that is named in the application is a qualified small business. After determining the qualifications, the office shall certify the qualified small business as being eligible to receive qualified investments for purposes of this section. A certified small business must report to the office as requested by the office to confirm the certified small business's status as a qualified small business. The office may certify a small business through October 1, 2031. The certification for a qualified small business is revoked if the business no longer meets the qualifications. A business shall notify the office within thirty business days from the date that it no longer meets the qualifications. A qualified small business that receives a qualified investment shall report data relevant to the impact of the tax credit and development of the qualified small business annually to the office for a five-year period following an initial qualified investment. If the certification is revoked or a business fails to meet its reporting requirements, the office may assess a penalty against the business that is equal to the amount of the advanced industry investment tax credits authorized after the date that the business no longer meets the qualifications. The state
C.R.S. § 24-56-115
24-56-115. Litigation expenses. Where a condemnation proceeding is instituted by a state agency or a political subdivision of the state to acquire real property for a purpose as set forth in section 24-56-114 and the final judgment is that the real property cannot be acquired by condemnation or that the proceeding is abandoned, the owner of any right, title, or interest in such real property shall be paid such sum as will, in the opinion of the court, reimburse such owner for his reasonable attorney, appraisal, and engineering fees actually incurred because of the condemnation proceedings. The award of such sums will be paid by the state agency or political subdivision of the state which sought to condemn the property.
Source: L. 71: p. 678, � 1. C.R.S. 1963: � 69-10-15.
C.R.S. § 24-56-116
24-56-116. Inverse condemnation proceedings. Where an inverse condemnation proceeding is instituted by the owner of any right, title, or interest in real property because of the alleged taking of his property for any program or project for which federal financial assistance will be available to pay all or any part of the cost of the program or project, the court rendering a judgment for the plaintiff in such proceeding and awarding compensation for the taking of property or the attorney for the acquiring agency effecting a settlement of any such proceeding shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will, in the opinion of the court or such attorney, reimburse such plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees actually incurred because of such proceeding.
Source: L. 71: p. 678, � 1. C.R.S. 1963: � 69-10-16.
C.R.S. § 24-60-2502
24-60-2502. Execution of agreement. The general assembly hereby approves and the governor is authorized to enter into an agreement on behalf of this state with any other state or states legally joining therein in the form substantially as follows:
ARTICLE 1
Findings and Purposes
SECTION 1. Finding. The participating jurisdictions find that:
(1) The expanding regional economy depends on expanding transportation
capacity;
(2) Highway transportation is the major mode for movement of people and
goods in the western states;
(3) Uniform application in the west of more adequate vehicle size and weight
standards will result in a reduction of pollution, congestion, fuel consumption and related transportation costs which are necessary to permit increased productivity;
(4) Improvements in the highway operating environment, in vehicular safety,
and in cooperative state administration and enforcement of state laws will each encourage a smoother flow of interstate commerce to the benefit of the regional economy;
(5) Repealed.
(6) The participating jurisdictions are most capable of developing vehicle
size and weight standards most appropriate for the regional economy and transportation requirements, consistent with and in recognition of principles of highway safety. The participating jurisdictions are most capable of developing programs for cooperative state administration, commercial vehicle safety inspections and enforcement of state laws.
SECTION 2. Purposes. The purposes of this agreement are to:
(1) Adhere to the principle that each participating jurisdiction should have
the freedom to develop vehicle size and weight standards that it determines to be most appropriate to its economy and highway system.
(2) Establish a system authorizing the operation of vehicles traveling
between two (2) or more participating jurisdictions at more adequate size and weight standards.
(3) Promote uniformity among participating jurisdictions in vehicle size and
weight standards on the basis of the objectives set forth in this agreement.
(4) Secure uniformity insofar as possible, of administrative procedures in the
enforcement of recommended vehicle size and weight standards.
(5) Facilitate improvements in the highway operating environment, in
vehicular safety, and in cooperative state administration and enforcement of state laws.
(6) Provide means for the encouragement and utilization of research which
will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in Section 1 of this Article.
(7) Facilitate communication between legislators, state transportation
administrators, and commercial industry representatives in addressing the emerging highway transportation issues in participating jurisdictions.
ARTICLE 2
Definitions
SECTION 1. As used in this agreement:
(1) Cooperating committee means a body composed of the designated
representatives from the participating jurisdictions.
(1.5) Designated representative means a legislator, state agency official, or
other person authorized under article 11 to represent the jurisdiction.
(2) Jurisdiction means a state of the United States or the District of
Columbia.
(3) Vehicle means any vehicle as defined by statute to be subject to size
and weight standards which operates in two or more participating jurisdictions.
ARTICLE 3
General Provisions
SECTION 1. Qualifications for membership. Participation in this agreement
is open to jurisdictions which subscribe to the findings, purposes and objectives of this agreement and will seek legislation necessary to accomplish these objectives.
SECTION 2. Cooperation. The participating jurisdictions, working through
their designated representatives, shall cooperate and assist each other in achieving the desired goals of this agreement pursuant to appropriate statutory authority.
SECTION 3. Effect of headings. Article and Section headings contained
herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any article or section hereof.
SECTION 4. Vehicle laws and regulations. This agreement shall not
authorize the operation of a vehicle in any participating jurisdiction contrary to the laws or regulations thereof.
SECTION 5. Interpretation. The final decision regarding interpretation of
questions at issue relating to this agreement shall be reached by unanimous joint action of the participating jurisdictions, acting through the designated representatives. Results of all such actions shall be placed in writing.
SECTION 6. Amendment. This agreement may be amended by unanimous
joint action of the participating jurisdictions, acting through the officials thereof authorized to enter into this agreement, subject to the requirements of Section 4, Article 3. Any amendment shall be placed in writing and become a part hereof.
SECTION 7. Restrictions, conditions or limitations. Any jurisdiction entering
this agreement shall provide each other participating jurisdiction with a list of any restriction, condition or limitation on the general terms of this agreement, if any.
SECTION 8. Additional jurisdictions. Additional jurisdictions may become
members of this agreement by signing and accepting the terms of the agreement.
ARTICLE 4
Cooperating Committee
SECTION 1. Each participating jurisdiction shall have two designated
representatives. Pursuant to Section 2, Article 3, the designated representatives of the participating jurisdictions shall constitute the cooperating committee which shall have the power to:
(1) Collect, correlate, analyze and evaluate information resulting or derivable
from research and testing activities in relation to vehicle size and weight, safety, enforcement and related matters.
(2) Recommend and encourage the undertaking of research and testing in
any aspect of vehicle size and weight, safety, enforcement and related matters when, in its collective judgment, appropriate or sufficient research or testing has not been undertaken.
(3) Recommend changes in law or policy with emphasis on compatibility of
laws and uniformity of administrative rules or regulations which would promote effective governmental action or coordination in the field of vehicle size and weight, safety, enforcement and related matters.
(4) Recommend improvements in highway operation, in vehicular safety, and
in state administration of highway transportation laws.
(5) Perform functions necessary to facilitate the purposes of this agreement.
SECTION 2. Each designated representative of a participating jurisdiction
shall be entitled to one (1) vote only. No action of the committee shall be approved unless a majority of the total number of votes cast by the designated representatives of the participating jurisdictions are in favor thereof.
SECTION 3. The committee shall meet at least once annually. It shall elect,
from its members, a chairman, a vice-chairman and a secretary. The committee may adopt bylaws to govern its activities.
SECTION 4. The committee shall submit annually to the legislature of each
participating jurisdiction a report setting forth the work of the committee during the preceding year and including recommendations developed by the committee. The committee may submit such additional reports as it deems appropriate or desirable.
ARTICLE 5
Objectives of the Participating Jurisdictions
SECTION 1. Objectives. The participating jurisdictions hereby declare that:
(1) It is the objective of the participating jurisdictions to obtain more efficient
and more economical transportation by motor vehicles between and among the participating jurisdictions by encouraging the adoption of standards that will, as minimums, allow the operation on all state highways, except those determined through engineering evaluation to be inadequate, with a single-axle weight of 20,000 pounds, a tandem-axle weight of 34,000 pounds, and a gross vehicle or combination weight of that resulting from application of the formula:
W = 500[(LN/N - 1) + 12N + 36]
where
W = maximum weight in pounds carried on any group of two or more consecutive axles computed to nearest 500 pounds.
L = distance in feet between the extremes of any group of two or more axles.
N = number of axles in group under consideration.
(2) It is the further objective of the participating jurisdictions that the
operation of a vehicle or combination of vehicles in interstate commerce according to the provisions of subsection (1) of this Section be authorized under special permit authority by each participating jurisdiction for vehicle combinations in excess of statutory weight of eighty thousand pounds or statutory lengths.
(3) It is the further objective of the participating jurisdictions to facilitate and
expedite the operation of any vehicle or combination of vehicles between and among the participating jurisdictions under the provisions of subsection (1) or (2) of this Section, and to that end the participating jurisdictions hereby agree, through their designated representatives, to meet and cooperate in the consideration of vehicle size and weight related matters including, but not limited to, the development of: Uniform enforcement procedures; additional vehicle size and weight standards; uniform safety inspection standards; operational standards; agreements or compacts to facilitate regional application and administration of vehicle size and weight standards; uniform permit procedures; uniform application forms; rules for the operation of vehicles, including equipment requirements, driver qualifications, and operating practices; and such other matters as may be pertinent.
(4) The cooperating committee may recommend that the participating
jurisdictions jointly secure congressional approval of this agreement, and specifically of the vehicle size and weight standards set forth in subsection (1) of this section.
(5) It is the further objective of the participating jurisdictions to:
(a) Establish transportation laws and rules to meet regional and economic
needs and to promote an efficient, safe, and compatible transportation network;
(b) Develop standards that facilitate the most efficient and environmentally
sound operation of vehicles on highways, consistent with and in recognition of principles of highway safety; and
(c) Establish programs to increase productivity and reduce congestion, fuel
consumption, and related transportation costs and enhance air quality through the uniform application of state vehicle rules and laws.
(6) (Deleted by amendment, L. 2001, p. 710, � 6, effective August 8, 2001.)
ARTICLE 6
Entry Into Force and Withdrawal
SECTION 1. This agreement shall enter into force when enacted into law by
any two (2) or more jurisdictions. Thereafter, this agreement shall become effective as to any other jurisdiction upon its enactment thereof, except as otherwise provided in Section 8, Article 3.
SECTION 2. Any participating jurisdiction may withdraw from this agreement
by cancelling the same but no such withdrawal shall take effect until thirty (30) days after the designated representative of the withdrawing jurisdiction has given notice in writing of the withdrawal to all other participating jurisdictions.
ARTICLE 7
Construction and Severability
SECTION 1. This agreement shall be liberally construed so as to effectuate
the purposes thereof.
SECTION 2. The provisions of this agreement shall be severable and if any
phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any participating jurisdiction or the applicability thereto to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement shall not be affected thereby. If this agreement shall be held contrary to the constitution of any jurisdiction participating herein, the agreement shall remain in full force and effect as to the jurisdictions affected as to all severable matters.
ARTICLE 8
Filing of Documents
SECTION 1. A copy of this agreement, its amendments, and rules or
regulations promulgated thereunder and interpretations thereof shall be filed in the highway department in each participating jurisdiction and shall be made available for review by interested parties.
ARTICLE 9
Existing Statutes Not Repealed
SECTION 1. All existing statutes prescribing weight and size standards and
all existing statutes relating to special permits shall continue to be of force and effect until amended or repealed by law.
ARTICLE 10
State Government Departments
Authorized to Cooperate with Cooperating Committees
SECTION 1. Within appropriations available therefor, the departments,
agencies and officers of the government of this State shall cooperate with and assist the cooperating committee within the scope contemplated by Article 4, Section 1 (1) and (2) of the agreement. The departments, agencies and officers of the government of this State are authorized generally to cooperate with said cooperating committee.
ARTICLE 11
Selection of Designated Representatives
SECTION 1. The process for selecting the designated representatives to the
cooperating committee shall be established by law under this section.
SECTION 2. The persons authorized to represent the state of Colorado as the
designated representatives to the committee shall be the chairperson of the senate transportation committee and the chairperson of the house transportation committee, or a legislator or state agency official that the chairperson assigns.
SECTION 3. The transportation committee chairpersons in each house shall
also designate one alternate designated representative, who shall also be a legislator or state agency official, to serve in their absence.
ARTICLE 12
Funding
SECTION 1. Funds for the administration of this agreement, including
participation in the cooperating committee and the actual expenses of the designated representatives, shall be provided from the funds available to the Colorado state patrol for operating expenses and motor carrier safety and assistance program grants and shall be budgeted or expensed to the Colorado state patrol in furtherance of the administration of this agreement as determined appropriate.
Source: L. 85: Entire part added, p. 860, � 1, effective July 1. L. 2001: Article 1
section 1(5) repealed, article 1 section 2(7), article 4 section 1(4), article 4 section 1(5), and article 12 added, and article 2 section 1, article 4 introductory portion to section 1, article 4 section 2, article 4 section 4, article 5 section 1, and article 11 amended, pp. 708, 709, 713, 710, 712, �� 1, 2, 4, 8, 3, 5, 6, 7, effective August 8. L. 2012: Article 12 section 1 amended, (HB 12-1019), ch. 135, p. 465, � 5, effective July 1.
PART 26
WILDLIFE VIOLATOR COMPACT
C.R.S. § 24-60-2902
24-60-2902. Compact approved and ratified. The general assembly hereby approves and ratifies and the governor shall enter into a compact on behalf of the state of Colorado with any of the United States or other jurisdictions legally joining therein in the form substantially as follows:
ARTICLE I
Purpose and Authorities
This compact is made and entered into by and between the participating
member states that enact this compact, hereinafter called party states. For the purposes of this compact, the term states is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all United States territorial possessions.
The purpose of this compact is to provide for mutual assistance among the
states entering into this compact in managing any emergency disaster that is duly declared by the Governor of the affected state, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.
This compact shall also provide for mutual cooperation in emergency-related
exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between or among states.
ARTICLE II
General Implementation
Each party state entering into this compact recognizes that many
emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies that require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.
The prompt, full, and effective utilization of resources of the participating
states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood.
On behalf of the Governor of each state participating in the compact, the
legally designated state official who is assigned responsibility for emergency management shall be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.
ARTICLE III
Party State Responsibilities
A. It shall be the responsibility of each party state to formulate procedural
plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans and in carrying them out, the party states, insofar as practical, shall:
1. Review individual state hazards analyses and, to the extent reasonably
possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack;
2. Review party states' individual emergency plans and develop a plan which
will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency;
3. Develop interstate procedures to fill any identified gaps and resolve any
identified inconsistencies or overlaps in existing or developed plans;
4. Assist in warning communities adjacent to or crossing the state
boundaries;
5. Protect and assure uninterrupted delivery of services, medicines, water,
food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material;
6. Inventory and set procedures for the interstate loan and delivery of human
and material resources, together with procedures for reimbursement or forgiveness; and
7. Provide, to the extent authorized by law, for temporary suspension of any
statutes or ordinances that restrict the implementation of the above responsibilities.
B. The authorized representative of a party state may request assistance
from another party state by contacting the authorized representative of that state. The provisions of this compact shall only apply to requests for assistance made by and to authorized representatives. Requests may be oral or in writing. If oral, the request shall be confirmed in writing within thirty days after the oral request. Requests shall provide the following information:
1. A description of the emergency service function for which assistance is
needed, including, but not limited to, fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue;
2. The amount and type of personnel, equipment, materials and supplies
needed, and a reasonable estimate of the length of time they will be needed; and
3. The specific place and time for staging of the assisting party's response
and a point of contact at that location.
C. There shall be frequent consultation between state officials who have
assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities.
ARTICLE IV
Limitations
Any party state that is asked to render mutual aid, or to conduct exercises
and training for mutual aid, shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof, on the understanding that the state rendering aid may withhold resources to the extent reasonably necessary for its own protection.
Each party state shall afford to the emergency forces of any party state,
while operating within its borders under the terms and conditions of this compact, the same powers, duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services, except the power of arrest unless specifically authorized by the receiving state. Emergency forces shall continue under the command and control of their regular leaders, but the organizational units shall come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only after a declaration of a state of emergency or disaster by the Governor of the party state that is to receive assistance or after the commencement of exercises or training for mutual aid, and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect, or loaned resources remain in the receiving state, whichever is longer.
ARTICLE V
Licenses and Permits
Whenever any person holds a license, certificate, or other permit issued by
any state party to the compact that evidences the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the Governor of the requesting state may prescribe by executive order or otherwise.
ARTICLE VI
Liability
Officers or employees of a party state rendering aid in another state
pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes. No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness.
ARTICLE VII
Supplementary Agreements
Inasmuch as it is probable that the pattern and detail of the machinery for
mutual aid among two or more states may differ from that among the states that are party hereto, this compact contains elements of a broad base common to all states, and nothing herein shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation, and communications personnel and equipment and supplies.
ARTICLE VIII
Compensation
Each party state shall provide for the payment of compensation and death
benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.
ARTICLE IX
Reimbursement
Any party state rendering aid in another state pursuant to this compact shall
be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of, any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; except that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost or may loan such equipment or donate such services to the receiving party state without charge or cost; and except that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses are not reimbursable under this article.
ARTICLE X
Evacuation
Plans for the orderly evacuation and interstate reception of portions of the
civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the provision of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines, and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.
ARTICLE XI
Implementation
A. This compact shall become effective immediately upon its enactment into
law by any two states. Thereafter, this compact shall become effective as to any other state upon its enactment by such state.
B. Any party state may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall take effect until thirty days after the Governor of the withdrawing state has given notice in writing of such withdrawal to the Governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.
C. Duly authenticated copies of this compact and of such supplementary
agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government.
ARTICLE XII
Validity
This act shall be construed to effectuate the purposes stated in Article I. If
any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected.
ARTICLE XIII
Additional Provisions
Nothing in this compact shall authorize or permit the use of military force by
the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would, in the absence of express statutory authorization, be prohibited under 18 U.S.C. sec. 1385.
Source: L. 2001: Entire part added, p. 187, � 1, effective August 8. L. 2005:
Article IV amended, p. 770, � 43, effective June 1.
PART 30
INTERSTATE INSURANCE PRODUCT
REGULATION COMPACT
C.R.S. § 24-60-902
24-60-902. Compact approved and ratified. The general assembly hereby approves and ratifies and the governor shall enter into a compact on behalf of the state of Colorado with any of the United States or other jurisdictions legally joining therein in the form substantially as follows:
ARTICLE I
Findings and Purpose
(a) The party states find that:
(1) Accidents and deaths on their streets and highways present a very
serious human and economic problem with a major deleterious effect on the public welfare.
(2) There is a vital need for the development of greater interjurisdictional
cooperation to achieve the necessary uniformity in the laws, rules, regulations and codes relating to vehicle equipment, and to accomplish this by such means as will minimize the time between the development of demonstrably and scientifically sound safety features and their incorporation into vehicles.
(b) The purposes of this compact are to:
(1) Promote uniformity in regulation of and standards for equipment.
(2) Secure uniformity of law and administrative practice in vehicular
regulation and related safety standards to permit incorporation of desirable equipment changes in vehicles in the interest of greater traffic safety.
(3) To provide means for the encouragement and utilization of research
which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in subdivision (a) of this article.
(c) It is the intent of this compact to emphasize performance requirements
and not to determine the specific detail of engineering in the manufacture of vehicles or equipment except to the extent necessary for the meeting of such performance requirements.
ARTICLE II
Definitions
As used in this compact:
(a) Vehicle means every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
(b) State means a state, territory or possession of the United States, the
District of Columbia, or the Commonwealth of Puerto Rico.
(c) Equipment means any part of a vehicle or any accessory for use thereon
which affects the safety of operation of such vehicle or the safety of the occupants.
ARTICLE III
The Commission
(a) There is hereby created an agency of the party states to be known as the
Vehicle Equipment Safety Commission hereinafter called the commission. The commission shall be composed of one commissioner from each party state who shall be appointed, serve and be subject to removal in accordance with the laws of the state which he represents. If authorized by the laws of his party state, a commissioner may provide for the discharge of his duties and the performance of his functions on the commission, either for the duration of his membership or for any lesser period of time, by an alternate. No such alternate shall be entitled to serve unless notification of his identity and appointment shall have been given to the commission in such form as the commission may require. Each commissioner, and each alternate, when serving in the place and stead of a commissioner, shall be entitled to be reimbursed by the commission for expenses actually incurred in attending commission meetings or while engaged in the business of the commission.
(b) The commissioners shall be entitled to one vote each on the commission.
No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners, or their alternates, are present.
(c) The commission shall have a seal.
(d) The commission shall elect annually, from among its members, a
chairman, a vice-chairman and a treasurer. The commission may appoint an executive director and fix his duties and compensation. Such executive director shall serve at the pleasure of the commission, and together with the treasurer shall be bonded in such amount as the commission shall determine. The executive director also shall serve as secretary. If there be no executive director, the commission shall elect a secretary in addition to the other officers provided by this subdivision.
(e) Irrespective of the civil service, personnel or other merit system laws of
any of the party states, the executive director with the approval of the commission, or the commission if there be no executive director, shall appoint, remove or discharge such personnel as may be necessary for the performance of the commission's functions, and shall fix the duties and compensation of such personnel.
(f) The commission may establish and maintain independently or in
conjunction with any one or more of the party states, a suitable retirement system for its full time employees. Employees of the commission shall be eligible for social security coverage in respect of old age and survivor's insurance provided that the commission takes such steps as may be necessary pursuant to the laws of the United States, to participate in such program of insurance as a governmental agency or unit. The commission may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.
(g) The commission may borrow, accept or contract for the services of
personnel from any party state, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party states or their subdivisions.
(h) The commission may accept for any of its purposes and functions under
this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency and may receive, utilize and dispose of the same.
(i) The commission may establish and maintain such facilities as may be
necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.
(j) The commission shall adopt bylaws for the conduct of its business and
shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. The bylaws shall provide for appropriate notice to the commissioners of all commission meetings and hearings and the business to be transacted at such meetings or hearings. Such notice shall also be given to such agencies or officers of each party state as the laws of such party state may provide.
(k) The commission annually shall make to the governor and legislature of
each party state a report covering the activities of the commission for the preceding year, and embodying such recommendations as may have been issued by the commission. The commission may make such additional reports as it may deem desirable.
ARTICLE IV
Research and Testing
The commission shall have power to:
(a) Collect, correlate, analyze and evaluate information resulting or derivable
from research and testing activities in equipment and related fields.
(b) Recommend and encourage the undertaking of research and testing in
any aspect of equipment or related matters when, in its judgment, appropriate or sufficient research or testing has not been undertaken.
(c) Contract for such equipment research and testing as one or more
governmental agencies may agree to have contracted for by the commission, provided that such governmental agency or agencies shall make available the funds necessary for such research and testing.
(d) Recommend to the party states changes in law or policy with emphasis
on uniformity of laws and administrative rules, regulations or codes which would promote effective governmental action or coordination in the prevention of equipment-related highway accidents or the mitigation of equipment-related highway safety problems.
ARTICLE V
Vehicular Equipment
(a) In the interest of vehicular and public safety, the commission may study
the need for or desirability of the establishment of or changes in performance requirements or restrictions for any item of equipment. As a result of such study, the commission may publish a report relating to any item or items of equipment, and the issuance of such a report shall be a condition precedent to any proceedings or other action provided or authorized by this article. No less than sixty days after the publication of a report containing the results of such study, the commission upon due notice shall hold a hearing or hearings at such place or places as it may determine.
(b) Following the hearing or hearings provided for in subdivision (a) of this
article, and with due regard for standards recommended by appropriate professional and technical associations and agencies, the commission may issue rules, regulations or codes embodying performance requirements or restrictions for any item or items of equipment covered in the report, which in the opinion of the commission will be fair and equitable and effectuate the purposes of this compact.
(c) Each party state obligates itself to give due consideration to any and all
rules, regulations and codes issued by the commission and hereby declares its policy and intent to be the promotion of uniformity in the laws of the several party states relating to equipment.
(d) The commission shall send prompt notice of its action in issuing any rule,
regulation or code pursuant to this article to the appropriate motor vehicle agency of each party state and such notice shall contain the complete text of the rule, regulation or code.
(e) If the constitution of a party state requires, or if its statutes provide, the
approval of the legislature by appropriate resolution or act may be made a condition precedent to the taking effect in such party state of any rule, regulation or code. In such event, the commissioner of such party state shall submit any commission rule, regulation or code to the legislature as promptly as may be in lieu of administrative acceptance or rejection thereof by the party state.
(f) Except as otherwise specifically provided in or pursuant to subdivisions
(e) and (g) of this article, the appropriate motor vehicle agency of a party state shall in accordance with its constitution or procedural laws adopt the rule, regulation or code within six months of the sending of the notice, and, upon such adoption, the rule, regulation or code shall have the force and effect of law therein.
(g) The appropriate motor vehicle agency of a party state may decline to
adopt a rule, regulation or code issued by the commission pursuant to this article if such agency specifically finds, after public hearing on due notice, that a variation from the commission's rule, regulation or code is necessary to the public safety, and incorporates in such finding the reasons upon which it is based. Any such finding shall be subject to review by such procedure for review of administrative determinations as may be applicable pursuant to the laws of the party state. Upon request, the commission shall be furnished with a copy of the transcript of any hearings held pursuant to this subdivision.
ARTICLE VI
Finance
(a) The commission shall submit to the executive head or designated officer
or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that party state for presentation to the legislature thereof.
(b) Each of the commission's budgets of estimated expenditures shall
contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The total amount of appropriations under any such budget shall be apportioned among the party states as follows: One-third in equal shares; and the remainder in proportion to the number of motor vehicles registered in each party state. In determining the number of such registrations, the commission may employ such source or sources of information as, in its judgment present the most equitable and accurate comparisons among the party states. Each of the commission's budgets of estimated expenditures and requests for appropriations shall indicate the source or sources used in obtaining information concerning vehicular registrations.
(c) The commission shall not pledge the credit of any party state. The
commission may meet any of its obligations in whole or in part with funds available to it under article III (h) of this compact, provided that the commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it under article III (h) hereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.
(d) The commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its rules. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual reports of the commission.
(e) The accounts of the commission shall be open at any reasonable time for
inspection by duly constituted officers of the party states and by any persons authorized by the commission.
(f) Nothing contained herein shall be construed to prevent commission
compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.
ARTICLE VII
Conflict of Interest
(a) The commission shall adopt rules and regulations with respect to conflict
of interest for the commissioners of the party states, and their alternates, if any, and for the staff of the commission and contractors with the commission to the end that no member or employee or contractor shall have a pecuniary or other incompatible interest in the manufacture, sale or distribution of motor vehicles or vehicular equipment or in any facility or enterprise employed by the commission or on its behalf for testing, conduct of investigations or research. In addition to any penalty for violation of such rules and regulations as may be applicable under the laws of the violator's jurisdiction of residence, employment or business, any violation of a commission rule or regulation adopted pursuant to this article shall require the immediate discharge of any violating employee and the immediate vacating of membership, or relinquishing of status as a member on the commission by any commissioner or alternate. In the case of a contractor, any violation of any such rule or regulation shall make any contract of the violator with the commission subject to cancellation by the commission.
(b) Nothing contained in this article shall be deemed to prevent a contractor
for the commission from using any facilities subject to his control in the performance of the contract even though such facilities are not devoted solely to work of or done on behalf of the commission; nor to prevent such a contractor from receiving remuneration or profit from the use of such facilities.
ARTICLE VIII
Advisory and Technical Committees
The commission may establish such advisory and technical committees as it
may deem necessary, membership on which may include private citizens and public officials, and may cooperate with and use the services of any such committees and the organizations which the members represent in furthering any of its activities.
ARTICLE IX
Entry Into Force and Withdrawal
(a) This compact shall enter into force when enacted into law by any six or
more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.
(b) Any party state may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall take effect until one year after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.
ARTICLE X
Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes
thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.
Source: L. 63: p. 591, � 1. C.R.S. 1963: � 74-10-1.
C.R.S. § 24-62-102
24-62-102. Legislative declaration. (1) The general assembly hereby:
(a) Finds that sub-section (D) of article VI of the Intergovernmental
Agreement between the Southern Ute Indian Tribe and the State of Colorado Concerning Air Quality Control on the Southern Ute Indian Reservation originally specified that if federal legislation authorizing the treatment of the tribe as a state for federal Clean Air Act purposes was not enacted by December 13, 2002, then the agreement would become null and void;
(b) Determines that, pursuant to sub-section (B) of article XIII of the
agreement, the parties to the agreement modified sub-section (D) of article VI of the agreement in December 2001, December 2002, and December 2003, to extend for one year the deadline for passage of the federal legislation, and the final deadline for such passage according to the agreement as modified is December 13, 2004; and
(c) Declares that, whereas the federal legislation contemplated by the
agreement, The Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2004 (P.L. 108-336), was approved on October 18, 2004, the contingency contemplated by sub-section (D) of article VI of the agreement and section 25-7-1309 (1)(c), C.R.S., is moot.
Source: L. 2010: Entire section added, (SB 10-082), ch. 182, p. 656, � 3,
effective April 29.
Cross references: For the federal Clean Air Act, see 42 U.S.C. sec. 7401 et
seq.
PLANNING - STATE
ARTICLE 65
Colorado Land Use Act
24-65-101 to 24-65-106. (Repealed)
Source: L. 2005: Entire article repealed, p. 667, � 1, effective June 1.
Editor's note: This article was numbered as article 4 of chapter 106, C.R.S.
- For amendments to this article prior to its repeal in 2005, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
ARTICLE 65.1
Areas and Activities of State Interest
Law reviews: For article, Local Government and House Bill 1041: A Voice in
the Wilderness, see 19 Colo. Law. 2245 (1990); for article, H.B. 1041 as a Tool for Municipal Attorneys, see 23 Colo. Law. 1309 (1994); for article, Local Government Regulation Using 1041 Powers, see 34 Colo. Law. 79 (Dec. 2005).
PART 1
GENERAL PROVISIONS
24-65.1-101. Legislative declaration. (1) The general assembly finds and
declares that:
(a) The protection of the utility, value, and future of all lands within the state,
including the public domain as well as privately owned land, is a matter of public interest;
(b) Adequate information on land use and systematic methods of definition,
classification, and utilization thereof are either lacking or not readily available to land use decision makers; and
(c) It is the intent of the general assembly that land use, land use planning,
and quality of development are matters in which the state has responsibility for the health, welfare, and safety of the people of the state and for the protection of the environment of the state.
(2) It is the purpose of this article that:
(a) The general assembly shall describe areas which may be of state interest
and activities which may be of state interest and establish criteria for the administration of such areas and activities;
(b) Local governments shall be encouraged to designate areas and activities
of state interest and, after such designation, shall administer such areas and activities of state interest and promulgate guidelines for the administration thereof; and
(c) Appropriate state agencies shall assist local governments to identify,
designate, and adopt guidelines for administration of matters of state interest.
Source: L. 74: Entire article added, p. 335, � 1, effective May 17. L. 2005: IP(1)
amended, p. 671, � 13, effective June 1.
24-65.1-102. General definitions. As used in this article, unless the context
otherwise requires:
(1) Development means any construction or activity which changes the
basic character or the use of the land on which the construction or activity occurs.
(2) Local government means a municipality or county.
(3) Local permit authority means the governing body of a local government
with which an application for development in an area of state interest or for conduct of an activity of state interest must be filed, or the designee thereof.
(4) Matter of state interest means an area of state interest or an activity of
state interest or both.
(5) Municipality means a home rule or statutory city, town, or city and
county or a territorial charter city.
(6) Person means any individual, limited liability company, partnership,
corporation, association, company, or other public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality, or corporation of the state.
Source: L. 74: Entire article added, p. 336, � 1, effective May 17. L. 90: (6)
amended, p. 449, � 19, effective April 18.
24-65.1-103. Definitions pertaining to natural hazards. As used in this
article, unless the context otherwise requires:
(1) Aspect means the cardinal direction the land surface faces,
characterized by north-facing slopes generally having heavier vegetation cover.
(2) Avalanche means a mass of snow or ice and other material which may
become incorporated therein as such mass moves rapidly down a mountain slope.
(3) Corrosive soil means soil which contains soluble salts which may
produce serious detrimental effects in concrete, metal, or other substances that are in contact with such soil.
(4) Debris-fan floodplain means a floodplain which is located at the mouth
of a mountain valley tributary stream as such stream enters the valley floor.
(5) Dry wash channel and dry wash floodplain means a small watershed
with a very high percentage of runoff after torrential rainfall.
(6) Expansive soil and rock means soil and rock which contains clay and
which expands to a significant degree upon wetting and shrinks upon drying.
(7) Floodplain means an area adjacent to a stream, which area is subject to
flooding as the result of the occurrence of an intermediate regional flood and which area thus is so adverse to past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to:
(a) Mainstream floodplains;
(b) Debris-fan floodplains; and
(c) Dry wash channels and dry wash floodplains.
(8) Geologic hazard means a geologic phenomenon which is so adverse to
past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to:
(a) Avalanches, landslides, rock falls, mudflows, and unstable or potentially
unstable slopes;
(b) Seismic effects;
(c) Radioactivity; and
(d) Ground subsidence.
(9) Geologic hazard area means an area which contains or is directly
affected by a geologic hazard.
(10) Ground subsidence means a process characterized by the downward
displacement of surface material caused by natural phenomena such as removal of underground fluids, natural consolidation, or dissolution of underground minerals or by man-made phenomena such as underground mining.
(11) Mainstream floodplain means an area adjacent to a perennial stream,
which area is subject to periodic flooding.
(12) Mudflow means the downward movement of mud in a mountain
watershed because of peculiar characteristics of extremely high sediment yield and occasional high runoff.
(13) Natural hazard means a geologic hazard, a wildfire hazard, or a flood.
(14) Natural hazard area means an area containing or directly affected by a
natural hazard.
(15) Radioactivity means a condition related to various types of radiation
emitted by natural radioactive minerals that occur in natural deposits of rock, soil, and water.
(16) Seismic effects means direct and indirect effects caused by an
earthquake or an underground nuclear detonation.
(17) Siltation means a process which results in an excessive rate of removal
of soil and rock materials from one location and rapid deposit thereof in adjacent areas.
(18) Slope means the gradient of the ground surface which is definable by
degree or percent.
(19) Unstable or potentially unstable slope means an area susceptible to a
landslide, a mudflow, a rock fall, or accelerated creep of slope-forming materials.
(20) Wildfire behavior means the predictable action of a wildfire under
given conditions of slope, aspect, and weather.
(21) Wildfire hazard means a wildfire phenomenon which is so adverse to
past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to:
(a) Slope and aspect;
(b) Wildfire behavior characteristics; and
(c) Existing vegetation types.
(22) Wildfire hazard area means an area containing or directly affected by
a wildfire hazard.
Source: L. 74: Entire article added, p. 336, � 1, effective May 17.
24-65.1-104. Definitions pertaining to other areas and activities of state
interest. As used in this article, unless the context otherwise requires:
(1) Airport means any municipal or county airport or airport under the
jurisdiction of an airport authority.
(2) Area around a key facility means an area immediately and directly
affected by a key facility.
(3) Arterial highway means any limited-access highway which is part of the
federal-aid interstate system or any limited-access highway constructed under the supervision of the department of transportation.
(4) Collector highway means a major thoroughfare serving as a corridor or
link between municipalities, unincorporated population centers or recreation areas, or industrial centers and constructed under guidelines and standards established by, or under the supervision of, the department of transportation. Collector highway does not include a city street or local service road or a county road designed for local service and constructed under the supervision of local government.
(5) Domestic water and sewage treatment system means a wastewater
treatment facility, water distribution system, or water treatment facility, as defined in section 25-9-102 (5), (6), and (7), C.R.S., and any system of pipes, structures, and facilities through which wastewater is collected for treatment.
(6) Historical or archaeological resources of statewide importance means
resources which have been officially included in the national register of historic places, designated by statute, or included in an established list of places compiled by the state historical society.
(7) Key facilities means:
(a) Airports;
(b) Major facilities of a public utility;
(c) Interchanges involving arterial highways;
(d) Rapid or mass transit terminals, stations, and fixed guideways.
(8) Major facilities of a public utility means:
(a) Central office buildings of telephone utilities;
(b) Transmission lines, power plants, and substations of electrical utilities;
and
(c) Pipelines and storage areas of utilities providing natural gas or other
petroleum derivatives.
(9) Mass transit means a coordinated system of transit modes providing
transportation for use by the general public.
(10) Mineral means an inanimate constituent of the earth, in solid, liquid, or
gaseous state, which, when extracted from the earth, is usable in its natural form or is capable of conversion into usable form as a metal, a metallic compound, a chemical, an energy source, a raw material for manufacturing, or a construction material. Mineral does not include surface or groundwater subject to appropriation for domestic, agricultural, or industrial purposes, nor does it include geothermal resources.
(11) Mineral resource area means an area in which minerals are located in
sufficient concentration in veins, deposits, bodies, beds, seams, fields, pools, or otherwise as to be capable of economic recovery. Mineral resource area includes but is not limited to any area in which there has been significant mining activity in the past, there is significant mining activity in the present, mining development is planned or in progress, or mineral rights are held by mineral patent or valid mining claim with the intention of mining.
(12) Natural resources of statewide importance is limited to shorelands of
major, publicly owned reservoirs and significant wildlife habitats in which the wildlife species, as identified by the division of parks and wildlife of the department of natural resources, in a proposed area could be endangered.
(13) New communities means the major revitalization of existing
municipalities or the establishment of urbanized growth centers in unincorporated areas.
(14) Rapid transit means the element of a mass transit system involving a
mechanical conveyance on an exclusive lane or guideway constructed solely for that purpose.
Source: L. 74: Entire article added, p. 338, � 1, effective May 17. L. 91: (3) and
(4) amended, p. 1067, � 34, effective July 1. L. 2010: (5) amended, (HB 10-1422), ch. 419, p. 2087, � 75, effective August 11.
24-65.1-105. Effect of article - public utilities. (1) With regard to public
utilities, nothing in this article shall be construed as enhancing or diminishing the power and authority of municipalities, counties, or the public utilities commission. Any order, rule, or directive issued by any governmental agency pursuant to this article shall not be inconsistent with or in contravention of any decision, order, or finding of the public utilities commission with respect to public convenience and necessity. The public utilities commission and public utilities shall take into consideration and, when feasible, foster compliance with adopted land use master plans of local governments, regions, and the state.
(2) Nothing in this article shall be construed as enhancing or diminishing the
rights and procedures with respect to the power of a public utility to acquire property and rights-of-way by eminent domain to serve public need in the most economical and expedient manner.
Source: L. 74: Entire article added, p. 339, � 1, effective May 17.
24-65.1-106. Effect of article - rights of property owners - water rights. (1)
Nothing in this article shall be construed as:
(a) Enhancing or diminishing the rights of owners of property as provided by
the state constitution or the constitution of the United States;
(b) Modifying or amending existing laws or court decrees with respect to the
determination and administration of water rights.
Source: L. 74: Entire article added, p. 340, � 1, effective May 17.
24-65.1-107. Effect of article - developments in areas of state interest and
activities of state interest meeting certain conditions. (1) This article shall not apply to any development in an area of state interest or any activity of state interest which meets any one of the following conditions as of May 17, 1974:
(a) The development or activity is covered by a current building permit issued
by the appropriate local government; or
(b) The development or activity has been approved by the electorate; or
(c) The development or activity is to be on land:
(I) Which has been conditionally or finally approved by the appropriate local
government for planned unit development or for a use substantially the same as planned unit development; or
(II) Which has been zoned by the appropriate local government for the use
contemplated by such development or activity; or
(III) With respect to which a development plan has been conditionally or
finally approved by the appropriate governmental authority.
Source: L. 74: Entire article added, p. 340, � 1, effective May 17.
24-65.1-108. Effect of article - state agency or commission responses. (1)
Whenever any person desiring to carry out development as defined in section 24-65.1-102 (1) is required to obtain a permit, to be issued by any state agency or commission for the purpose of authorizing or allowing such development, pursuant to this or any other statute or regulation promulgated thereunder, such agency or commission shall establish a reasonable time period, which shall not exceed sixty days following receipt of such permit application, within which such agency or commission must respond in writing to the applicant, granting or denying said permit or specifying all reasonable additional information necessary for the agency or commission to respond. If additional information is required, said agency or commission shall set a reasonable time period for response following the receipt of such information.
(2) Whenever a state agency or commission denies a permit, the denial must
specify:
(a) The regulations, guidelines, and criteria or standards used in evaluating
the application;
(b) The reasons for denial and the regulations, guidelines, and criteria or
standards the application fails to satisfy; and
(c) The action that the applicant would have to take to satisfy the state
agency's or commission's permit requirements.
(3) Whenever an application for a permit, as provided under this section,
contains a statement describing the proposed nature, uses, and activities in conceptual terms for the development intended to be accomplished and is not accompanied with all additional information, including, without limitation, engineering studies, detailed plans and specifications, and zoning approval, or, whenever a hearing is required by the statutes, regulations, rules, ordinances, or resolutions thereof prior to the issuance of the requested permit, the agency or commission shall, within the time provided in this section for response, indicate its acceptance or denial of the permit on the basis of the concept expressed in the statement of the proposed uses and activities contained in the application. Such conceptual approval shall be made subject to the applicant filing and completing all prerequisite detailed additional information in accordance with the usual filing requirements of the agency or commission within a reasonable period of time.
(4) All agencies and commissions authorized or required to issue permits for
development shall adopt rules and regulations, or amend existing rules and regulations, so as to require that such agencies and commissions respond in the time and manner required in this section.
(5) Nothing in this section shall shorten the time allowed for responses
provided by federal statute dealing with, or having a bearing on, the subject of any such application for permit.
(6) The provisions of this section shall not apply to applications approved,
denied, or processed by a unit of local government.
Source: L. 74: Entire article added, p. 340, � 1, effective May 17.
PART 2
AREAS AND ACTIVITIES DESCRIBED -
CRITERIA FOR ADMINISTRATION
24-65.1-201. Areas of state interest as determined by local governments.
(1) Subject to the procedures set forth in part 4 of this article, a local government may designate certain areas of state interest from among the following:
(a) Mineral resource areas;
(b) Natural hazard areas;
(c) Areas containing, or having a significant impact upon, historical, natural,
or archaeological resources of statewide importance; and
(d) Areas around key facilities in which development may have a material
effect upon the key facility or the surrounding community.
Source: L. 74: Entire article added, p. 341, � 1, effective May 17.
24-65.1-202. Criteria for administration of areas of state interest. (1) (a)
Mineral resource areas designated as areas of state interest shall be protected and administered in such a manner as to permit the extraction and exploration of minerals therefrom, unless extraction and exploration would cause significant danger to public health and safety. If the local government having jurisdiction, after weighing sufficient technical or other evidence, finds that the economic value of the minerals present therein is less than the value of another existing or requested use, such other use should be given preference; however, other uses which would not interfere with the extraction and exploration of minerals may be permitted in such areas of state interest.
(b) Areas containing only sand, gravel, quarry aggregate, or limestone used
for construction purposes shall be administered as provided by part 3 of article 1 of title 34, C.R.S.
(c) The extraction and exploration of minerals from any area shall be
accomplished in a manner which causes the least practicable environmental disturbance, and surface areas disturbed thereby shall be reclaimed in accordance with the provisions of article 32 of title 34, C.R.S.
(d) Repealed.
(2) (a) Natural hazard areas shall be administered as follows:
(I) (A) Floodplains shall be administered so as to minimize significant hazards
to public health and safety or to property. The Colorado water conservation board shall promulgate a model floodplain regulation no later than September 30, 1974. Open space activities such as agriculture, horticulture, floriculture, recreation, and mineral extraction shall be encouraged in the floodplains. Any combination of these activities shall be conducted in a mutually compatible manner. Building of structures in the floodplain shall be designed in terms of the availability of flood protection devices, proposed intensity of use, effects on the acceleration of floodwaters, potential significant hazards to public health and safety or to property, and other impact of such development on downstream communities such as the creation of obstructions during floods. Activities shall be discouraged that, in time of flooding, would create significant hazards to public health and safety or to property. Shallow wells, solid waste disposal sites, and septic tanks and sewage disposal systems shall be protected from inundation by floodwaters. Unless an activity of state interest is to be conducted therein, an area of corrosive soil, expansive soil and rock, or siltation shall not be designated as an area of state interest unless the Colorado conservation board, through the local conservation district, identifies such area for designation.
(B) Nothing in sub-subparagraph (A) of this subparagraph (I), as amended by
House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.
(II) Wildfire hazard areas in which residential activity is to take place shall be
administered so as to minimize significant hazards to public health and safety or to property. The Colorado state forest service shall promulgate a model wildfire hazard area control regulation no later than September 30, 1974. If development is to take place, roads shall be adequate for service by fire trucks and other safety equipment. Firebreaks and other means of reducing conditions conducive to fire shall be required for wildfire hazard areas in which development is authorized.
(III) In geologic hazard areas all developments shall be engineered and
administered in a manner that will minimize significant hazards to public health and safety or to property due to a geologic hazard. The Colorado geological survey shall promulgate a model geologic hazard area control regulation no later than September 30, 1974.
(b) After promulgation of guidelines for land use in natural hazard areas by
the Colorado water conservation board, the Colorado conservation board through the conservation districts, the Colorado state forest service, and the Colorado geological survey, natural hazard areas shall be administered by local government in a manner that is consistent with the guidelines for land use in each of the natural hazard areas.
(3) Areas containing, or having a significant impact upon, historical, natural,
or archaeological resources of statewide importance, as determined by the state historical society, the department of natural resources, and the appropriate local government, shall be administered by the appropriate state agency in conjunction with the appropriate local government in a manner that will allow man to function in harmony with, rather than be destructive to, these resources. Consideration is to be given to the protection of those areas essential for wildlife habitat. Development in areas containing historical, archaeological, or natural resources shall be conducted in a manner which will minimize damage to those resources for future use.
(4) The following criteria shall be applicable to areas around key facilities:
(a) If the operation of a key facility may cause a danger to public health and
safety or to property, as determined by local government, the area around the key facility shall be designated and administered so as to minimize such danger; and
(b) Areas around key facilities shall be developed in a manner that will
discourage traffic congestion, incompatible uses, and expansion of the demand for government services beyond the reasonable capacity of the community or region to provide such services as determined by local government. Compatibility with nonmotorized traffic shall be encouraged. A development that imposes burdens or deprivation on the communities of a region cannot be justified on the basis of local benefit alone.
(5) In addition to the criteria described in subsection (4) of this section, the
following criteria shall be applicable to areas around particular key facilities:
(a) Areas around airports shall be administered so as to:
(I) Encourage land use patterns for housing and other local government
needs that will separate uncontrollable noise sources from residential and other noise-sensitive areas; and
(II) Avoid danger to public safety and health or to property due to aircraft
crashes.
(b) Areas around major facilities of a public utility shall be administered so as
to:
(I) Minimize disruption of the service provided by the public utility; and
(II) Preserve desirable existing community patterns.
(c) Areas around interchanges involving arterial highways shall be
administered so as to:
(I) Encourage the smooth flow of motorized and nonmotorized traffic;
(II) Foster the development of such areas in a manner calculated to preserve
the smooth flow of such traffic; and
(III) Preserve desirable existing community patterns.
(d) Areas around rapid or mass transit terminals, stations, or guideways shall
be developed in conformance with the applicable municipal master plan adopted pursuant to section 31-23-206, C.R.S., or any applicable master plan adopted pursuant to section 30-28-108, C.R.S. If no such master plan has been adopted, such areas shall be developed in a manner designed to minimize congestion in the streets; to secure safety from fire, floodwaters, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such development in such areas shall be made with reasonable consideration, among other things, as to the character of the area and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction of the applicable local government.
Source: L. 74: Entire article added, p. 341, � 1, effective May 17. L. 75: (5)(a)
amended, p. 1270, � 4, effective July 1. L. 88: (1)(c) amended, p. 1436, � 34, effective June 11. L. 2002: (2)(a)(I) and (2)(b) amended, p. 514, � 3, effective July 1. L. 2005: (2)(a)(I) amended, p. 348, � 3, effective August 8. L. 2010: (1)(d) amended, (SB 10-174), ch. 189, p. 810, � 1, effective August 11. L. 2019: (1)(d) repealed, (SB 19-181), ch. 120, p. 502, � 1, effective April 16.
24-65.1-203. Activities of state interest as determined by local
governments. (1) Subject to the procedures set forth in part 4 of this article, a local government may designate certain activities of state interest from among the following:
(a) Site selection and construction of major new domestic water and sewage
treatment systems and major extension of existing domestic water and sewage treatment systems;
(b) Site selection and development of solid waste disposal sites except those
sites specified in section 25-11-203 (1), C.R.S., sites designated pursuant to part 3 of article 11 of title 25, C.R.S., and hazardous waste disposal sites, as defined in section 25-15-200.3, C.R.S.;
(c) Site selection of airports;
(d) Site selection of rapid or mass transit terminals, stations, and fixed
guideways;
(e) Site selection of arterial highways and interchanges and collector
highways;
(f) Site selection and construction of major facilities of a public utility;
(g) Site selection and development of new communities;
(h) Efficient utilization of municipal and industrial water projects;
(i) Conduct of nuclear detonations; and
(j) The use of geothermal resources for the commercial production of
electricity.
Source: L. 74: Entire article added, p. 344, � 1, effective May 17. L. 79: (1)(b)
amended, p. 1067, � 9, effective June 15; (1)(b) amended, p. 1070, � 2, effective January 1, 1980. L. 83: (1)(b) amended, p. 1105, � 26, effective June 3. L. 2010: (1)(j) added, (SB 10-174), ch. 189, p. 810, � 2, effective August 11.
Editor's note: Amendments to subsection (1)(b) by Senate Bill 79-335 and
House Bill 79-1156 were harmonized, effective January 1, 1980.
24-65.1-204. Criteria for administration of activities of state interest. (1) (a)
New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities.
(b) Major extensions of domestic water and sewage treatment systems shall
be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development.
(2) Major solid waste disposal sites shall be developed in accordance with
sound conservation practices and shall emphasize, where feasible, the recycling of waste materials. Consideration shall be given to longevity and subsequent use of waste disposal sites, soil and wind conditions, the potential problems of pollution inherent in the proposed site, and the impact on adjacent property owners, compared with alternate locations.
(3) Airports shall be located or expanded in a manner which will minimize
disruption to the environment of existing communities, minimize the impact on existing community services, and complement the economic and transportation needs of the state and the area.
(4) (a) Rapid or mass transit terminals, stations, or guideways shall be
located in conformance with the applicable municipal master plan adopted pursuant to section 31-23-206, C.R.S., or any applicable master plan adopted pursuant to section 30-28-108, C.R.S. If no such master plan has been adopted, such areas shall be developed in a manner designed to minimize congestion in the streets; to secure safety from fire, floodwaters, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Activities shall be conducted with reasonable consideration, among other things, as to the character of the area and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction of the applicable local government.
(b) Proposed locations of rapid or mass transit terminals, stations, and fixed
guideways which will not require the demolition of residences or businesses shall be given preferred consideration over competing alternatives.
(c) A proposed location of a rapid or mass transit terminal, station, or fixed
guideway that imposes a burden or deprivation on a local government cannot be justified on the basis of local benefit alone, nor shall a permit for such a location be denied solely because the location places a burden or deprivation on one local government.
(5) Arterial highways and interchanges and collector highways shall be
located so that:
(a) Community traffic needs are met;
(b) Desirable community patterns are not disrupted; and
(c) Direct conflicts with adopted local government, regional, and state
master plans are avoided.
(6) Where feasible, major facilities of public utilities shall be located so as to
avoid direct conflict with adopted local government, regional, and state master plans.
(7) When applicable, or as may otherwise be provided by law, a new
community design shall, at a minimum, provide for transportation, waste disposal, schools, and other governmental services in a manner that will not overload facilities of existing communities of the region. Priority shall be given to the development of total communities which provide for commercial and industrial activity, as well as residences, and for internal transportation and circulation patterns.
(8) Municipal and industrial water projects shall emphasize the most
efficient use of water, including, to the extent permissible under existing law, the recycling and reuse of water. Urban development, population densities, and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas.
(9) Nuclear detonations shall be conducted so as to present no material
danger to public health and safety. Any danger to property shall not be disproportionate to the benefits to be derived from a detonation.
Source: L. 74: Entire article added, p. 344, � 1, effective May 17. L. 75: (4)(a)
amended, p. 1270, � 5, effective July 1.
PART 3
LEVELS OF GOVERNMENT INVOLVED AND THEIR FUNCTIONS
24-65.1-301. Functions of local government. (1) Pursuant to this article, it is
the function of local government to:
(a) Designate matters of state interest after public hearing, taking into
consideration:
(I) The intensity of current and foreseeable development pressures; and
(II) Applicable guidelines for designation issued by the applicable state
agencies;
(b) Hold hearings on applications for permits for development in areas of
state interest and for activities of state interest;
(c) Grant or deny applications for permits for development in areas of state
interest and for activities of state interest;
(d) Receive recommendations from state agencies and other local
governments relating to matters of state interest;
(e) Send recommendations to other local governments relating to matters of
state interest.
(f) (Deleted by amendment, L. 2005, p. 667, � 2, effective June 1, 2005.)
Source: L. 74: Entire article added, p. 346, � 1, effective May 17. L. 2005:
(1)(e) and (1)(f) amended, p. 667, � 2, effective June 1.
24-65.1-302. Functions of other state agencies. (1) Pursuant to this article,
it is the function of other state agencies to:
(a) Send recommendations to local governments relating to designation of
matters of state interest on the basis of current and developing information; and
(b) Provide technical assistance to local governments concerning
designation of and guidelines for matters of state interest.
(2) Primary responsibility for the recommendation and provision of technical
assistance functions described in subsection (1) of this section is upon:
(a) The Colorado water conservation board, acting in cooperation with the
Colorado conservation board, with regard to floodplains;
(b) The Colorado state forest service, with regard to wildfire hazard areas;
(c) The Colorado geological survey, with regard to geologic hazard areas,
geologic reports, and the identification of mineral resource areas;
(d) The division of reclamation, mining, and safety, with regard to mineral
extraction and the reclamation of land disturbed thereby;
(e) The Colorado conservation board and conservation districts, with regard
to resource data inventories, soils, soil suitability, erosion and sedimentation, floodwater problems, and watershed protection; and
(f) The division of parks and wildlife of the department of natural resources,
with regard to significant wildlife habitats.
(3) Repealed.
Source: L. 74: Entire article added, p. 346, � 1, effective May 17. L. 92: (2)(d)
amended, p. 1970, � 74, effective July 1. L. 2002: (2)(a) and (2)(e) amended, p. 514, � 4, effective July 1. L. 2005: (1)(a) amended, p. 667, � 3, effective June 1. L. 2006: (2)(d) amended, p. 213, � 4, effective August 7. L. 2019: (3) repealed, (SB 19-181), ch. 120, p. 502, � 2, effective April 16.
PART 4
DESIGNATION OF MATTERS OF STATE INTEREST -
GUIDELINES FOR ADMINISTRATION
24-65.1-401. Designation of matters of state interest. (1) After public
hearing, a local government may designate matters of state interest within its jurisdiction, taking into consideration:
(a) The intensity of current and foreseeable development pressures.
(b) Repealed.
(2) A designation shall:
(a) Specify the boundaries of the proposed area; and
(b) State reasons why the particular area or activity is of state interest, the
dangers that would result from uncontrolled development of any such area or uncontrolled conduct of such activity, and the advantages of development of such area or conduct of such activity in a coordinated manner.
Source: L. 74: Entire section added, p. 347, � 1, effective May 17. L. 2005:
(1)(b) repealed, p. 667, � 1, effective June 1.
24-65.1-402. Guidelines - regulations. (1) The local government shall
develop guidelines for administration of the designated matters of state interest. The content of such guidelines shall be such as to facilitate administration of matters of state interest consistent with sections 24-65.1-202 and 24-65.1-204.
(2) A local government may adopt regulations interpreting and applying its
adopted guidelines in relation to specific developments in areas of state interest and to specific activities of state interest.
(3) No provision in this article shall be construed as prohibiting a local
government from adopting guidelines or regulations containing requirements which are more stringent than the requirements of the criteria listed in sections 24-65.1-202 and 24-65.1-204.
Source: L. 74: Entire article added, p. 347, � 1, effective May 17.
24-65.1-403. Technical and financial assistance. (1) Appropriate state
agencies shall provide technical assistance to local governments in order to assist local governments in designating matters of state interest and adopting guidelines for the administration thereof.
(2) (a) The department of local affairs shall oversee and coordinate the
provision of technical assistance and provide financial assistance as may be authorized by law.
(b) The department of local affairs shall determine whether technical or
financial assistance or both are to be given to a local government on the basis of the local government's:
(I) Showing that current or reasonably foreseeable development pressures
exist within the local government's jurisdiction; and
(II) Plan describing the proposed use of technical assistance and expenditure
of financial assistance.
(3) (a) Any local government applying for federal or state financial
assistance for floodplain studies shall provide prior notification to the Colorado water conservation board. The board shall coordinate and prescribe the standards for all floodplain studies conducted pursuant to this article, including those conducted by federal, local, or other state agencies, to the end that reasonably uniform standards can be applied to the identification and designation of all floodplains within the state and to minimize duplication of effort.
(b) No floodplains shall be designated by any local government until such
designation has been first approved by the Colorado water conservation board as provided in sections 30-28-111 and 31-23-301, C.R.S.
Source: L. 74: Entire article added, p. 347, � 1, effective May 17. L. 77: (3)
added, p. 1241, � 1, effective June 3.
24-65.1-404. Public hearing - designation of an area or activity of state
interest and adoption of guidelines by order of local government. (1) The local government shall hold a public hearing before designating an area or activity of state interest and adopting guidelines for administration thereof.
(2) (a) Notice, stating the time and place of the hearing and the place at
which materials relating to the matter to be designated and guidelines may be examined, shall be published once at least thirty days and not more than sixty days before the public hearing in a newspaper of general circulation in the county.
(b) Any person may request, in writing, that his name and address be placed
on a mailing list to receive notice of all hearings held pursuant to this section. If the local government decides to maintain such a mailing list, it shall mail notices to each person paying an annual fee reasonably related to the cost of production, handling, and mailing of such notice. In order to have his name and address retained on said mailing list, the person shall resubmit his name and address and pay such fee before January 31 of each year.
(3) Within thirty days after completion of the public hearing, the local
government, by order, may adopt, adopt with modification, or reject the particular designation and guidelines; but the local government, in any case, shall have the duty to designate any matter which has been finally determined to be a matter of state interest and adopt guidelines for the administration thereof.
(4) After a matter of state interest is designated pursuant to this section, no
person shall engage in development in such area, and no such activity shall be conducted until the designation and guidelines for such area or activity are finally determined pursuant to this article.
(5) (Deleted by amendment, L. 2005, p. 668, � 4, effective June 1, 2005.)
Source: L. 74: Entire article added, p. 348, � 1, effective May 17. L. 2005:
(2)(a) and (5) amended, p. 668, � 4, effective June 1.
24-65.1-405. Report of local government's progress. (Repealed)
Source: L. 74: Entire article added, p. 348, � 1, effective May 17. L. 2005:
Entire section repealed, p. 667, � 1, effective June 1.
24-65.1-406. Colorado land use commission review of local government
order containing designation and guidelines. (Repealed)
Source: L. 74: Entire article added, p. 349, � 1, effective May 17. L. 2005:
Entire section repealed, p. 667, � 1, effective June 1.
24-65.1-407. Colorado land use commission may initiate identification,
designation, and promulgation of guidelines for matters of state interest. (Repealed)
Source: L. 74: Entire article added, p. 349, � 1, effective May 17. L. 2005:
Entire section repealed, p. 667, � 1, effective June 1.
PART 5
PERMITS FOR DEVELOPMENT IN AREAS
OF STATE INTEREST AND FOR CONDUCT OF
ACTIVITIES OF STATE INTEREST
24-65.1-501. Permit for development in area of state interest or to conduct
an activity of state interest required. (1) (a) Any person desiring to engage in development in an area of state interest or to conduct an activity of state interest shall file an application for a permit with the local government in which such development or activity is to take place. A reasonable fee determined by the local government sufficient to cover the cost of processing the application, including the cost of holding the necessary hearings, shall be paid at the time of filing such application.
(b) The requirement of paragraph (a) of this subsection (1) that a public utility
obtain a permit shall not be deemed to waive the requirements of article 5 of title 40, C.R.S., that a public utility obtain a certificate of public convenience and necessity.
(2) (a) Not later than thirty days after receipt of an application for a permit,
the local government shall publish notice of a hearing on said application. Such notice shall be published once in a newspaper of general circulation in the county, not less than thirty days nor more than sixty days before the date set for hearing.
(b) If a person proposes to engage in development in an area of state interest
or to conduct an activity of state interest not previously designated and for which guidelines have not been adopted, the local government may hold one hearing for determination of designation and guidelines and granting or denying the permit.
(c) The local government may maintain a mailing list and send notice of
hearings relating to permits in a manner similar to that described in section 24-65.1-404 (2)(b).
(d) If the development or activity involves the construction or expansion of
transmission facilities for which the applicant has sought a certificate of public convenience and necessity from the public utilities commission pursuant to section 40-2-126, the local government shall approve or deny issuance of the permit within one hundred eighty days after the application is deemed complete and public notice of the application is given. If the local government does not deny issuance of the permit within that period, the application is deemed approved.
(3) The local government may approve an application for a permit to engage
in development in an area of state interest if the proposed development complies with the local government's guidelines and regulations governing such area. If the proposed development does not comply with the guidelines and regulations, the permit shall be denied.
(4) The local government may approve an application for a permit to conduct
an activity of state interest if the proposed activity complies with the local government's regulations and guidelines for conduct of such activity. If the proposed activity does not comply with the guidelines and regulations, the permit shall be denied.
(5) The local government conducting a hearing pursuant to this section shall:
(a) State, in writing, reasons for its decision, and its findings and conclusions;
and
(b) Preserve a record of such proceedings.
(6) After May 17, 1974, any person desiring to engage in a development in a
designated area of state interest or to conduct a designated activity of state interest who does not obtain a permit pursuant to this section may be enjoined by the appropriate local government from engaging in such development or conducting such activity.
(7) As part of an application for a permit under subsection (1) of this section,
a transmission provider, as defined in section 33-45-102 (11), must demonstrate to the local government through written documentation that it has complied with sections 29-20-108 (6) and 33-45-103 (2).
Source: L. 74: Entire article added, p. 350, � 1, effective May 17. L. 2005:
(1)(a), (2)(a), and (6) amended, p. 668, � 5, effective June 1. L. 2021: (2)(d) added, (SB 21-072), ch. 329, p. 2127, � 6, effective June 24. L. 2022: (7) added, (HB 22-1104), ch. 97, p. 465, � 3, effective April 13.
Cross references: For the legislative declaration in HB 22-1104, see section 1
of chapter 97, Session Laws of Colorado 2022.
24-65.1-502. Judicial review. The denial of a permit by a local government
agency shall be subject to judicial review in the district court for the judicial district in which the major development or activity is to occur.
Source: L. 74: Entire article added, p. 351, � 1, effective May 17.
ARTICLE 65.5
Notification of Surface Development
Law reviews: For article, Oil and Gas Title Searches and Notice Under the
Surface Development Notification Act, see 31 Colo. Law. 113 (Oct. 2002).
24-65.5-101. Legislative declaration - intent. The general assembly
recog
C.R.S. § 24-72-204
24-72-204. Allowance or denial of inspection - grounds - procedure - appeal - definitions - repeal. (1) The custodian of any public records shall allow any person the right of inspection of such records or any portion thereof except on one or more of the following grounds or as provided in subsection (2) or (3) of this section:
(a) Such inspection would be contrary to any state statute.
(b) Such inspection would be contrary to any federal statute or regulation
issued thereunder having the force and effect of law.
(c) Such inspection is prohibited by rules promulgated by the supreme court
or by the order of any court.
(d) Such inspection would be contrary to the requirements of any joint rule of
the senate and the house of representatives pertaining to lobbying practices.
(2) (a) The custodian may deny the right of inspection of the following
records, unless otherwise provided by law, on the ground that disclosure to the applicant would be contrary to the public interest:
(I) Any records of the investigations conducted by any sheriff, prosecuting
attorney, or police department, any records of the intelligence information or security procedures of any sheriff, prosecuting attorney, or police department, or any investigatory files compiled for any other law enforcement purpose;
(II) Test questions, scoring keys, and other examination data pertaining to
administration of a licensing examination, examination for employment, or academic examination; except that written promotional examinations and the scores or results thereof conducted pursuant to the state personnel system or any similar system shall be available for inspection, but not copying or reproduction, by the person in interest after the conducting and grading of any such examination;
(III) The specific details of bona fide research projects being conducted by a
state institution, including, without limitation, research projects undertaken by staff or service agencies of the general assembly or the office of the governor in connection with pending or anticipated legislation;
(IV) The contents of real estate appraisals made for the state or a political
subdivision thereof relative to the acquisition of property or any interest in property for public use, until such time as title to the property or property interest has passed to the state or political subdivision; except that the contents of such appraisal shall be available to the owner of the property, if a condemning authority determines that it intends to acquire said property as provided in section 38-1-121, C.R.S., relating to eminent domain proceedings, but, in any case, the contents of such appraisal shall be available to the owner under this section no later than one year after the condemning authority receives said appraisal; and except as provided by the Colorado rules of civil procedure. If condemnation proceedings are instituted to acquire any such property, any owner of such property who has received the contents of any appraisal pursuant to this section shall, upon receipt thereof, make available to said state or political subdivision a copy of the contents of any appraisal which the owner has obtained relative to the proposed acquisition of the property.
(V) Any market analysis data generated by the department of
transportation's bid analysis and management system for the confidential use of the department of transportation in awarding contracts for construction or for the purchase of goods or services and any records, documents, and automated systems prepared for the bid analysis and management system;
(VI) Repealed.
(VII) Electronic mail addresses, telephone numbers, or home addresses
provided by a person to an elected official, agency, institution, or political subdivision of the state for the purposes of future electronic communications to the person from the elected official, agency, institution, or political subdivision;
(VIII) (A) Specialized details of either security arrangements or investigations
or the physical and cyber assets of critical infrastructure, including the specific engineering, vulnerability, detailed design information, protective measures, emergency response plans, or system operational data of such assets that would be useful to a person in planning an attack on critical infrastructure but that does not simply provide the general location of such infrastructure. Nothing in this subsection (2)(a)(VIII) prohibits the custodian from transferring records containing specialized details of either security arrangements or investigations or the physical and cyber assets of critical infrastructure to the division of homeland security and emergency management in the department of public safety, the governing body of any city, county, city and county, or other political subdivision of the state, or any federal, state, or local law enforcement agency; except that the custodian shall not transfer any record received from a nongovernmental entity without the prior written consent of the entity unless such information is already publicly available.
(B) Records of the expenditure of public moneys on security arrangements
or investigations, including contracts for security arrangements and records related to the procurement of, budgeting for, or expenditures on security systems, shall be open for inspection, except to the extent that they contain specialized details of security arrangements or investigations. A custodian may deny the right of inspection of only the portions of a record described in this sub-subparagraph (B) that contain specialized details of security arrangements or investigations and shall allow inspection of the remaining portions of the record.
(C) If an official custodian has custody of a public record provided by another
public entity, including the state or a political subdivision, that contains specialized details of security arrangements or investigations, the official custodian shall refer a request to inspect that public record to the official custodian of the public entity that provided the record and shall disclose to the person making the request the names of the public entity and its official custodian to which the request is referred.
(IX) (A) Any records of ongoing civil or administrative investigations
conducted by the state or an agency of the state in furtherance of their statutory authority to protect the public health, welfare, or safety unless the investigation focuses on a person or persons inside of the investigative agency.
(B) Upon conclusion of a civil or administrative investigation that is closed
because no further investigation, discipline, or other agency response is warranted, all records not exempt pursuant to any other law are open to inspection; except that the custodian may remove the name or other personal identifying or financial information of witnesses or targets of such closed investigations from investigative records prior to inspection.
(C) Notwithstanding any other provision of this subparagraph (IX), a record is
not subject to withholding on the grounds that it is maintained or kept in a civil or administrative investigative file except pursuant to paragraph (a) of subsection (6) of this section if the record was publicly disclosed; was filed with an agency of the state by a regulated entity under a statutory, regulatory, or permit requirement; or was received from a governmental entity and would be available if requested directly from the transmitting entity.
(D) Nothing in this subparagraph (IX) prohibits an agency from disclosing
information or materials during an open investigation if it is in the interest of public health, welfare, or safety.
(X) Any records containing data or information that reveals the specific
location or could be used to determine the specific location of:
(A) A plant species identified as a Colorado plant of greatest conservation
need in Colorado's state wildlife action plan;
(B) An individual animal or a group of animals; or
(C) An individual animal's or group of animal's breeding or nesting habitat.
(b) If the right of inspection of any record falling within any of the
classifications listed in this subsection (2) is allowed to any officer or employee of any newspaper, radio station, television station, or other person or agency in the business of public dissemination of news or current events, it shall be allowed to all such news media.
(c) Notwithstanding any provision to the contrary in subparagraph (I) of
paragraph (a) of this subsection (2), the custodian shall deny the right of inspection of any materials received, made, or kept by a crime victim compensation board or a district attorney that are confidential pursuant to the provisions of section 24-4.1-107.5.
(d) Notwithstanding any provision to the contrary in subparagraph (I) of
paragraph (a) of this subsection (2), the custodian shall deny the right of inspection of any materials received, made, or kept by a witness protection board, the department of public safety, or a prosecuting attorney that are confidential pursuant to section 24-33.5-106.5.
(e) Notwithstanding any provision to the contrary in subparagraph (I) of
paragraph (a) of this subsection (2), the custodian shall deny the right of inspection of any materials received, made, or kept by the safe2tell program, as described in section 24-31-606.
(3) (a) The custodian shall deny the right of inspection of the following
records, unless otherwise provided by law; except that the custodian shall make any of the following records, other than letters of reference concerning employment, licensing, or issuance of permits, available to the person in interest in accordance with this subsection (3):
(I) Medical, mental health, sociological, and scholastic achievement data,
and electronic health records, on individual persons, other than scholastic achievement data submitted as part of finalists' records as set forth in subsection (3)(a)(XI) of this section and exclusive of coroners' autopsy reports and group scholastic achievement data from which individuals cannot be identified; but either the custodian or the person in interest may request a professionally qualified person, who shall be furnished by the said custodian, to be present to interpret the records;
(II) (A) Personnel files; but such files shall be available to the person in
interest and to the duly elected and appointed public officials who supervise such person's work.
(B) The provisions of this subparagraph (II) shall not be interpreted to
prevent the public inspection or copying of any employment contract or any information regarding amounts paid or benefits provided under any settlement agreement pursuant to the provisions of article 19 of this title.
(III) Letters of reference;
(IV) Trade secrets, privileged information, and confidential commercial,
financial, geological, or geophysical data, including a social security number unless disclosure of the number is required, permitted, or authorized by state or federal law, furnished by or obtained from any person;
(V) Library and museum material contributed by private persons, to the
extent of any limitations placed thereon as conditions of such contributions;
(VI) Except as provided in section 1-2-227, addresses and telephone numbers
of students in any public elementary or secondary school;
(VII) Library records disclosing the identity of a user as prohibited by section
24-90-119;
(VIII) Repealed.
(IX) Names, addresses, telephone numbers, and personal financial
information of past or present users of public utilities, public facilities, or recreational or cultural services that are owned and operated by the state, its agencies, institutions, or political subdivisions; except that nothing in this subparagraph (IX) shall prohibit the custodian of records from transmitting such data to any agent of an investigative branch of a federal agency or any criminal justice agency as defined in section 24-72-302 (3) that makes a request to the custodian to inspect such records and who asserts that the request for information is reasonably related to an investigation within the scope of the agency's authority and duties. Nothing in this subparagraph (IX) shall be construed to prohibit the publication of such information in an aggregate or statistical form so classified as to prevent the identification, location, or habits of individuals.
(X) (A) Any records of sexual harassment complaints and investigations,
whether or not such records are maintained as part of a personnel file; except that, an administrative agency investigating the complaint may, upon a showing of necessity to the custodian of records, gain access to information necessary to the investigation of such a complaint. This sub-subparagraph (A) shall not apply to records of sexual harassment complaints and investigations that are included in court files and records of court proceedings. Disclosure of all or a part of any records of sexual harassment complaints and investigations to the person in interest is permissible to the extent that the disclosure can be made without permitting the identification, as a result of the disclosure, of any individual involved. This sub-subparagraph (A) shall not preclude disclosure of all or part of the results of an investigation of the general employment policies and procedures of an agency, office, department, or division, to the extent that the disclosure can be made without permitting the identification, as a result of the disclosure, of any individual involved.
(B) A person in interest under this subparagraph (X) includes the person
making a complaint and the person whose conduct is the subject of such a complaint.
(C) A person in interest may make a record maintained pursuant to this
subparagraph (X) available for public inspection when such record supports the contention that a publicly reported, written, printed, or spoken allegation of sexual harassment against such person is false.
(D) Repealed.
(X.5) Records created, maintained, or provided to a custodian by the
legislative human resources division created in section 2-3-511 that are related to a workplace harassment complaint or investigation, a complaint under the workplace expectations policy, or an inquiry or request concerning workplace harassment or conduct, whether or not the records are part of a formal or informal complaint or resolution process;
(XI) (A) Except as provided in subsection (3)(a)(XI)(D) of this section, records
submitted by or on behalf of an applicant or candidate for any employment position, including an applicant for an executive position as defined in section 24-72-202 (1.3) who is not a finalist. For purposes of this subsection (3)(a)(XI), finalist means an applicant or candidate for an executive position as the chief executive officer of a state agency, institution, or political subdivision or agency thereof who is named as a finalist pursuant to section 24-6-402 (3.5).
(B) This subsection (3)(a)(XI) shall not be construed to prohibit the public
inspection or copying of any records submitted by or on behalf of a finalist or the applications of past or current employees; except that letters of reference or medical, psychological, and sociological data concerning finalists or past or current employees shall not be made available for public inspection or copying.
(C) This subsection (3)(a)(XI) applies to employment selection processes for
all employment and executive positions, including, but not limited to, selection processes conducted or assisted by private persons or firms at the request of a state agency, institution, or political subdivision.
(D) Notwithstanding subsection (3)(a)(XI)(A) of this section, a custodian shall
allow public inspection of the demographic data of a candidate who was interviewed by the state public body, local public body, or search committee for an executive position as defined in section 24-72-202 (1.3), but is not named as a finalist pursuant to subsection 24-6-402 (3.5). For purposes of this subsection (3)(a)(XI)(D), demographic data means information on a candidate's race and gender that has been legally requested and voluntarily provided on the candidate's application and does not include the candidate's name or other information.
(XII) Any record indicating that a person has obtained an identifying license
plate or placard for persons with disabilities under section 42-3-204, C.R.S., or any other motor vehicle record that would reveal the presence of a disability;
(XIII) Records protected under the common law governmental or
deliberative process privilege, if the material is so candid or personal that public disclosure is likely to stifle honest and frank discussion within the government, unless the privilege has been waived. The general assembly hereby finds and declares that in some circumstances, public disclosure of such records may cause substantial injury to the public interest. If any public record is withheld pursuant to this subparagraph (XIII), the custodian shall provide the applicant with a sworn statement specifically describing each document withheld, explaining why each such document is privileged, and why disclosure would cause substantial injury to the public interest. If the applicant so requests, the custodian shall apply to the district court for an order permitting him or her to restrict disclosure. The application shall be subject to the procedures and burden of proof provided for in subsection (6) of this section. All persons entitled to claim the privilege with respect to the records in issue shall be given notice of the proceedings and shall have the right to appear and be heard. In determining whether disclosure of the records would cause substantial injury to the public interest, the court shall weigh, based on the circumstances presented in the particular case, the public interest in honest and frank discussion within government and the beneficial effects of public scrutiny upon the quality of governmental decision-making and public confidence therein.
(XIV) [Editor's note: This version of subsection (3)(a)(XIV) is effective until
January 1, 2026.] Veterinary medical data, information, and records on individual animals that are owned by private individuals or business entities, but are in the custody of a veterinary medical practice or hospital, including the veterinary teaching hospital at Colorado state university, that provides veterinary medical care and treatment to animals. A veterinary-patient-client privilege exists with respect to such data, information, and records only when a person in interest and a veterinarian enter into a mutual agreement to provide medical treatment for an individual animal and such person in interest maintains an ownership interest in such animal undergoing treatment. For purposes of this subsection (3)(a)(XIV), person in interest means the owner of an animal undergoing veterinary medical treatment or such owner's designated representative. Nothing in this subsection (3)(a)(XIV) shall prevent the state agricultural commission, the state agricultural commissioner, or the state board of veterinary medicine from exercising their investigatory and enforcement powers and duties granted pursuant to section 35-1-106 (1)(h), article 50 of title 35, and section 12-315-106 (5)(e), respectively. The veterinary-patient-client privilege described in this subsection (3)(a)(XIV), pursuant to section 12-315-120 (5), may not be asserted for the purpose of excluding or refusing evidence or testimony in a prosecution for an act of animal cruelty under section 18-9-202 or for an act of animal fighting under section 18-9-204.
(XIV) [Editor's note: This version of subsection (3)(a)(XIV) is effective
January 1, 2026.] Veterinary medical data, information, and records on individual animals that are owned by private individuals or business entities, but are in the custody of a veterinary medical practice or hospital, including the veterinary teaching hospital at Colorado state university, that provides veterinary medical care and treatment to animals. A veterinary-patient-client privilege exists with respect to such data, information, and records only when a person in interest and a veterinarian or veterinary professional associate enter into a mutual agreement to provide medical treatment for an individual animal and such person in interest maintains an ownership interest in such animal undergoing treatment. For purposes of this subsection (3)(a)(XIV), person in interest means the owner of an animal undergoing veterinary medical treatment or such owner's designated representative. Nothing in this subsection (3)(a)(XIV) shall prevent the state agricultural commission, the state agricultural commissioner, or the state board of veterinary medicine from exercising their investigatory and enforcement powers and duties granted pursuant to section 35-1-106 (1)(h), article 50 of title 35, and section 12-315-106 (5)(e), respectively. The veterinary-patient-client privilege described in this subsection (3)(a)(XIV), pursuant to section 12-315-120 (5), may not be asserted for the purpose of excluding or refusing evidence or testimony in a prosecution for an act of animal cruelty under section 18-9-202 or for an act of animal fighting under section 18-9-204.
(XV) Nominations submitted to a state institution of higher education for the
awarding of honorary degrees, medals, and other honorary awards by the institution, proposals submitted to a state institution of higher education for the naming of a building or a portion of a building for a person or persons, and records submitted to a state institution of higher education in support of such nominations and proposals;
(XVI) (Deleted by amendment, L. 2003, p. 1636, � 1, effective May 2, 2003.)
(XVII) Repealed.
(XVIII) (A) Military records filed with a county clerk and recorder's office
concerning a member of the military's separation from military service, including the form DD214 issued to a member of the military upon separation from service, that are restricted from public access pursuant to 5 U.S.C. sec. 552 (b)(6) and the requirements established by the national archives and records administration. Notwithstanding any other provision of this section, if the member of the military about whom the record concerns is deceased, the custodian shall allow the right of inspection to the member's parents, siblings, widow or widower, and children.
(B) On and after July 1, 2002, any county clerk and recorder that accepts for
filing any military records described in sub-subparagraph (A) of this subparagraph (XVIII) shall maintain such military records in a manner that ensures that such records will not be available to the public for inspection except as provided in sub-subparagraph (A) of this subparagraph (XVIII).
(C) Nothing in this subparagraph (XVIII) shall prohibit a county clerk and
recorder from taking appropriate protective actions with regard to records that were filed with or placed in storage by the county clerk and recorder prior to July 1, 2002, in accordance with any limitations determined necessary by the county clerk and recorder.
(D) The county clerk and recorder and any individual employed by the county
clerk and recorder shall not be liable for any damages that may result from good faith compliance with the provisions of this part 2.
(XIX) (A) Except as provided in subsection (3)(a)(XIX)(C) of this section,
applications for a marriage license submitted pursuant to part 1 of article 2 of title 14 and, except as provided in subsection (3)(a)(XIX)(C) of this section, applications for a civil union license submitted pursuant to article 15 of title 14. A person in interest under this subsection (3)(a)(XIX) includes an immediate family member of either party to the marriage application. As used in this subsection (3)(a)(XIX), immediate family member means a person who is related by blood, marriage, or adoption. Nothing in this subsection (3)(a)(XIX) is construed to prohibit the inspection of marriage licenses or marriage certificates or of civil union certificates or to otherwise change the status of those licenses or certificates as public records.
(B) Repealed.
(C) Upon application by any person to the district court in the district wherein
a record of an application for a marriage license or a civil union license is found, the district court may, in its discretion and upon good cause shown, order the custodian to permit the inspection of such record.
(XX) Repealed.
(XXI) All records, including, but not limited to, analyses and maps, compiled
or maintained pursuant to statute or rule by the department of natural resources or its divisions that are based on information related to private lands and identify or allow to be identified any specific Colorado landowners or lands; except that summary or aggregated data that do not specifically identify individual landowners or specific parcels of land shall not be subject to this subparagraph (XXI);
(XXII) Personal information, as defined in section 18-9-313 (1)(l), in a record
for which the custodian has received a request under section 18-9-313, and personal information, as defined in section 18-9-313.5 (1)(e), in a record for which the custodian has received a request under section 18-9-313.5 (3), unless access to the information is authorized by section 18-9-313.5 (3)(c);
(XXIII) Records, including analyses and maps, compiled or maintained in
accordance with article 73 of title 35 that are based on information related to private lands and identify or allow to be identified any specific Colorado landowners, land managers, agricultural producers, or parcels of land; except that the custodian may release or authorize inspection of summary or aggregated data that do not specifically identify individual landowners, land managers, agricultural producers, or parcels of land;
(XXIV) Records that are not subject to disclosure pursuant to section 33-3-110.5;
(XXV) (A) Personally identifiable information that is contained within an
agreement or a contract concerning a student athlete's or a prospective student athlete's name, image, or likeness, or any communication or material related to an agreement or a contract concerning a student athlete's or a prospective student athlete's name, image, or likeness.
(B) As used in this subsection (3)(a)(XXV), personally identifiable
information means information that could reasonably be used to identify an individual, including first and last name; residence or other physical address; email address; telephone number; birth date; license fee paid to the student athlete or prospective student athlete for the use of their name, image, or likeness; credit card information; or social security number.
(C) As used in this subsection (3)(a)(XXV), student athlete has the same
meaning as set forth in section 23-16-301.
(XXVI) [Editor's note: For the applicability of this subsection (3)(a)(XXVI) on
or after January 1, 2026, see the editor's note following this section.] Records and information relating to the identification of persons filed with, maintained by, or prepared by the department of revenue pursuant to section 42-2-121.
(b) Nothing in this subsection (3) shall prohibit the custodian of records from
transmitting data concerning the scholastic achievement of any student to any prospective employer of such student, nor shall anything in this subsection (3) prohibit the custodian of records from making available for inspection, from making copies, print-outs, or photographs of, or from transmitting data concerning the scholastic achievement or medical, psychological, or sociological information of any student to any law enforcement agency of this state, of any other state, or of the United States where such student is under investigation by such agency and the agency shows that such data is necessary for the investigation.
(c) Nothing in this subsection (3) shall prohibit the custodian of the records
of a school, including any institution of higher education, or a school district from transmitting data concerning standardized tests, scholastic achievement, disciplinary information involving a student, or medical, psychological, or sociological information of any student to the custodian of such records in any other such school or school district to which such student moves, transfers, or makes application for transfer, and the written permission of such student or his or her parent or guardian shall not be required therefor. No state educational institution shall be prohibited from transmitting data concerning standardized tests or scholastic achievement of any student to the custodian of such records in the school, including any state educational institution, or school district in which such student was previously enrolled, and the written permission of such student or his or her parent or guardian shall not be required therefor.
(d) This subsection (3)(d) applies to all public schools and school districts
that receive funding under article 54 of title 22. Notwithstanding subsection (3)(a)(VI) of this section, under policies adopted by the local board of education, the names, addresses, and home telephone numbers of students in any secondary school must be released to a recruiting officer for any branch of the United States armed forces who requests such information, subject to the following:
(I) Each local board of education shall adopt a policy to govern the release of
the names, addresses, and home telephone numbers of secondary school students to military recruiting officers that provides that such information shall be released to recruiting officers unless a student submits a request, in writing, that such information not be released.
(II) The directory information requested by a recruiting officer shall be
released by the local board of education within ninety days of the date of the request.
(III) The local board of education shall comply with any applicable provisions
of the federal Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. sec. 1232g, and the federal regulations cited thereunder relating to the release of student information by educational institutions that receive federal funds.
(IV) Actual direct expenses incurred in furnishing this information shall be
paid for by the requesting service and shall be reasonable and customary.
(V) The recruiting officer shall use the data released for the purpose of
providing information to students regarding military service and shall not use it for any other purpose or release such data to any person or organization other than individuals within the recruiting services of the armed forces.
(e) (I) This subsection (3)(e) applies to all public schools and school districts.
Notwithstanding subsection (3)(a)(I) of this section, under policies adopted by each local board of education, consistent with applicable provisions of the federal Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. sec. 1232g, and all federal regulations and applicable guidelines adopted thereto, information directly related to a student and maintained by a public school or by a person acting for the public school must be available for release if the disclosure meets one or more of the following conditions:
(A) The disclosure is to other school officials, including teachers, working in
the school at which the student is enrolled who have specific and legitimate educational interests in the information for use in furthering the student's academic achievement or maintaining a safe and orderly learning environment;
(B) The disclosure is to officials of a school at which the student seeks or
intends to enroll or the disclosure is to officials at a school at which the student is currently enrolled or receiving services, after making a reasonable attempt to notify the student's parent or legal guardian or the student if he or she is at least eighteen years of age or attending an institution of postsecondary education, as prescribed by federal regulation;
(C) The disclosure is to state or local officials or authorities if the disclosure
concerns the juvenile justice system and the system's ability to serve effectively, prior to adjudication, the student whose records are disclosed and if the officials and authorities to whom the records are disclosed certify in writing that the information shall not be disclosed to any other party, except as otherwise provided by law, without the prior written consent of the student's parent or legal guardian or of the student if he or she is at least eighteen years of age or is attending an institution of postsecondary education;
(D) The disclosure is to comply with a judicial order or a lawfully issued
subpoena, if a reasonable effort is made to notify the student's parent or legal guardian or the student if he or she is at least eighteen years of age or is attending a postsecondary institution about the order or subpoena in advance of compliance, so that such parent, legal guardian, or student is provided an opportunity to seek protective action, unless the disclosure is in compliance with a federal grand jury subpoena or any other subpoena issued for a law enforcement purpose and the court or the issuing agency has ordered that the existence or contents of the subpoena or the information furnished in response to the subpoena not be disclosed;
(E) The disclosure is in connection with an emergency if knowledge of the
information is necessary to protect the health or safety of the student or other individuals, as specifically prescribed by federal regulation.
(II) Nothing in this paragraph (e) shall prevent public school administrators,
teachers, or staff from disclosing information derived from personal knowledge or observation and not derived from a student's record maintained by a public school or a person acting for the public school.
(3.5) (a) Any individual who meets the requirements of this subsection (3.5)
may request that their address included in any public records concerning them that are required to be made, maintained, or kept pursuant to the following sections be kept confidential:
(I) Sections 1-2-227 and 1-2-301, C.R.S.;
(II) (Deleted by amendment, L. 2000, p. 1337, � 1, effective May 30, 2000.)
(III) Section 24-6-202.
(b) (I) An individual may make the request of confidentiality allowed by this
subsection (3.5) if the individual is a first responder or if the individual has reason to believe that the individual, or any member of the individual's immediate family who resides in the same household as the individual, will be exposed to criminal harassment as prohibited in section 18-9-111, or otherwise be in danger of bodily harm, if the individual's address is not kept confidential in accordance with this subsection (3.5).
(II) An individual must make the request for confidentiality allowed by
subsection (3.5)(a) of this section to the county clerk and recorder of the county where the individual making the request resides. The secretary of state shall approve the application form for a request for confidentiality. The application form shall provide space for the applicant to provide their name and address, date of birth, and any other identifying information determined by the secretary of state to be necessary to carry out this subsection (3.5). In addition, an affirmation must be printed on the form, in the area immediately above a line for the applicant's signature and the date, stating the following: I swear or affirm, under penalty of perjury, that I have reason to believe that I, or a member of my immediate family who resides in my household, will be exposed to criminal harassment, or otherwise be in danger of bodily harm, if my address is not kept confidential or that I am or have been a first responder or am or have been the spouse or civil union partner of a first responder and am eligible to have my address kept confidential pursuant to section 24-72-204 (3.5). Immediately below the signature line, there must be printed a notice, in a type that is larger than the other information contained on the form, that the applicant may be prosecuted for perjury in the second degree under section 18-8-503 if the applicant signs the affirmation and does not believe the affirmation to be true or is not or has not been a first responder or the spouse or civil union partner of a first responder.
(III) Each county clerk and recorder shall:
(A) Make the confidentiality request application forms available in their
office;
(B) Provide the confidentiality request application forms to interested
persons by United States mail, email delivery, or facsimile transmission, if requested;
(C) Permit individuals to submit completed and signed confidentiality
request application forms by United States mail, personal delivery, email delivery, or facsimile transmission; and
(D) Process an individual's request for confidentiality pursuant to this
subsection (3.5) without imposing a processing fee or any other charge.
(IV) The secretary of state shall provide an opportunity for any individual to
make the request of confidentiality allowed by paragraph (a) of this subsection (3.5), with respect to the records described in subparagraph (III) of paragraph (a) of this subsection (3.5). The secretary of state may charge a processing fee, not to exceed five dollars, for each such request. All processing fees collected by the secretary of state pursuant to this subparagraph (IV) or subparagraph (III) of this paragraph (b) shall be transmitted to the state treasurer, who shall credit the same to the department of state cash fund.
(V) Repealed.
(c) The custodian of any records described in subsection (3.5)(a) of this
section that concern an individual who has made a request for confidentiality pursuant to this subsection (3.5) shall deny the right of inspection of the individual's address contained in such records on the ground that disclosure would be contrary to the public interest; except that the custodian shall allow the inspection of the records by the individual, by any person authorized in writing by that individual, and by any individual employed by one of the following entities who makes a request to the custodian to inspect the records and who provides evidence satisfactory to the custodian that the inspection is reasonably related to the authorized purpose of the employing entity:
(I) A criminal justice agency, as defined by section 24-72-302 (3);
(II) An agency of the United States, the state of Colorado, or of any political
subdivision or authority thereof;
(III) A person required to obtain such individual's address in order to comply
with federal or state law or regulations adopted pursuant thereto;
(IV) An insurance company which has a valid certificate of authority to
transact insurance business in Colorado as required in section 10-3-105 (1), C.R.S.;
(V) A collection agency which has a valid license as required by section 5-16-115 (1);
(VI) A supervised lender licensed pursuant to section 5-1-301 (46), C.R.S.;
(VII) A bank as defined in section 11-101-401 (5), C.R.S., a trust company as
defined in section 11-109-101 (11), C.R.S., a credit union as defined in section 11-30-101 (1), C.R.S., a domestic savings and loan association as defined in section 11-40-102 (5), C.R.S., a foreign savings and loan association as defined in section 11-40-102 (8), C.R.S., or a broker-dealer as defined in section 11-51-201 (2), C.R.S.;
(VIII) An attorney licensed to practice law in Colorado or his representative
authorized in writing to inspect such records on behalf of the attorney;
(IX) A manufacturer of any vehicle required to be registered pursuant to the
provisions of article 3 of title 42, C.R.S., or a designated agent of such manufacturer. Such inspection shall be allowed only for the purpose of identifying, locating, and notifying the registered owners of such vehicles in the event of a product recall or product advisory and may also be allowed for statistical purposes where such address is not disclosed by such manufacturer or designated agent. No person who obtains the address of an individual pursuant to this subparagraph (IX) shall disclose such information, except as necessary to accomplish said purposes.
(d) Notwithstanding any provisions of this subsection (3.5) to the contrary,
any person who appears in person in the office of any custodian of records described in paragraph (a) of this subsection (3.5) and who presents documentary evidence satisfactory to the custodian that such person is a duly accredited representative of the news media may verify the address of an individual whose address is otherwise protected from inspection in accordance with this subsection (3.5). Such verification shall be limited to the custodian confirming or denying that the address of an individual as known to the representative of the news media is the address of the individual as shown by the records of the custodian.
(e) A person shall not make any false statement in requesting any
information pursuant to subsection (3.5)(c) or (3.5)(d) of this section.
(f) Any request of confidentiality made pursuant to this subsection (3.5) shall
be kept confidential and shall not be open to inspection as a public record unless a written release is executed by the person who made the request.
(g) Prior to the release of any information required to be kept confidential
pursuant to this subsection (3.5), the custodian shall require the person requesting the information to produce a valid Colorado driver's license or identification card and written authorization from any entity authorized to receive information under this subsection (3.5). The custodian shall keep a record of the requesting person's name, address, and date of birth and shall make such information available to the individual requesting confidentiality under this subsection (3.5) or any person authorized by such individual.
(h) As used in this subsection (3.5), unless the context otherwise requires,
first responder means an elector, as defined in section 1-1-104 (12), who is or who has been one of the following:
(I) A peace officer, as described in section 16-2.5-101;
(II) A firefighter, as defined in section 29-5-203 (10);
(III) A volunteer firefighter, as defined in section 31-30-1102 (9)(a);
(IV) An emergency medical service provider, as defined in section 25-3.5-103
(8);
(V) An emergency communications specialist, as defined in section 29-11-101
(10.5);
(VI) The spouse or civil union partner of an individual specified in subsection
(3.5)(h)(I), (3.5)(h)(II), (3.5)(h)(III), (3.5)(h)(IV), or (3.5)(h)(V) of this section.
(4) If the custodian denies access to any public record, the applicant may
request a written statement of the grounds for the denial, which statement shall cite the law or regulation under which access is denied and shall be furnished forthwith to the applicant.
(5) (a) Except as provided in subsection (5.5) of this section, any person
denied the right to inspect any record covered by this part 2 or who alleges a violation of section 24-72-203 (3.5) may apply to the district court of the district wherein the record is found for an order directing the custodian of such record to show cause why the custodian should not permit the inspection of such record; except that, at least fourteen days prior to filing an application with the district court, the person who has been denied the right to inspect the record shall file a written notice with the custodian who has denied the right to inspect the record informing the custodian that the person intends to file an application with the district court. During the fourteen-day period before the person may file an application with the district court under this subsection (5)(a), the custodian who has denied the right to inspect the record shall either meet in person or communicate on the telephone with the person who has been denied access to the record to determine if the dispute may be resolved without filing an application with the district court. The meeting may include recourse to any method of dispute resolution that is agreeable to both parties. Any common expense necessary to resolve the dispute must be apportioned equally between or among the parties unless the parties have agreed to a different method of allocating the costs between or among them. If the person who has been denied access to inspect a record states in the required written notice to the custodian that the person needs to pursue access to the record on an expedited basis, the person must provide such written notice, including a factual basis of the expedited need for the record, to the custodian at least three business days prior to the date on which the person files the application with the district court and, in such circumstances, no meeting to determine if the dispute may be resolved without filing an application with the district court is required.
(b) Hearing on the application described in subsection (5)(a) of this section
must be held at the earliest practical time. Unless the court finds that the denial of the right of inspection was proper, it shall order the custodian to permit such inspection and shall award court costs and reasonable attorney fees to the prevailing applicant in an amount to be determined by the court; except that no court costs and attorney fees shall be awarded to a person who has filed a lawsuit against a state public body or local public body and who applies to the court for an order pursuant to subsection (5)(a) of this section for access to records of the state public body or local public body being sued if the court finds that the records being sought are related to the pending litigation and are discoverable pursuant to chapter 4 of the Colorado rules of civil procedure. In the event the court finds that the denial of the right of inspection was proper, the court shall award court costs and reasonable attorney fees to the custodian if the court finds that the action was frivolous, vexatious, or groundless.
(5.5) (a) Any person seeking access to the record of an executive session
meeting of a state public body or a local public body recorded pursuant to section 24-6-402 (2)(d.5) shall, upon application to the district court for the district wherein the records are found, show grounds sufficient to support a reasonable belief that the state public body or local public body engaged in substantial discussion of any matters not enumerated in section 24-6-402 (3) or (4) or that the state public body or local public body adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of section 24-6-402 (3)(a) or (4). If the applicant fails to show grounds sufficient to support such reasonable belief, the court shall deny the application and, if the court finds that the application was frivolous, vexatious, or groundless, the court shall award court costs and attorney fees to the prevailing party. If an applicant shows grounds sufficient to support such reasonable belief, the applicant cannot be found to have brought a frivolous, vexatious, or groundless action, regardless of the outcome of the in camera review.
(b) (I) Upon finding that sufficient grounds exist to support a reasonable
belief that the state public body or local public body engaged in substantial discussion of any matters not enumerated in section 24-6-402 (3) or (4) or that the state public body or local public body adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of section 24-6-402 (3)(a) or (4), the court shall conduct an in camera review of the record of the executive session to determine whether the state public body or local public body engaged in substantial discussion of any matters not enumerated in section 24-6-402 (3) or (4) or adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of section 24-6-402 (3)(a) or (4).
(II) If the court determines, based on the in camera review, that violations of
the open meetings law occurred, the portion of the record of the executive session that reflects the substantial discussion of matters not enumerated in section 24-6-402 (3) or (4) or the adoption of a proposed policy, position, resolution, rule, regulation, or formal action shall be open to public inspection.
(6) (a) If, in the opinion of the official custodian of any public record,
disclosure of the contents of said recor
C.R.S. § 24-75-112
24-75-112. Annual general appropriation act - headnote definitions - general provisions - footnotes. (1) As used in the annual general appropriation act, the following definitions and general provisions apply for the headnote terms preceding and specifying the purpose of certain line items of appropriation:
(a) (I) Capital outlay means:
(A) Equipment, furniture, motor vehicles, software, and other items that have
a useful life of one year or more;
(B) Alterations and replacements, meaning major and extensive repair,
remodeling, or alteration of buildings, the replacement thereof, or the replacement and renewal of the plumbing, wiring, electrical, fiber optic, heating, and air conditioning systems therein;
(C) New structures, meaning the construction of entirely new buildings,
including the value of materials and labor, either state-supplied or supplied by contract; or
(D) Nonstructural improvements to land, meaning the grading, leveling,
drainage, irrigation, and landscaping thereof and the construction of roadways, fences, ditches, and sanitary and storm sewers.
(II) Capital outlay does not include those things defined as capital
construction, capital renewal, or controlled maintenance in section 24-30-1301 (2), (3), and (4).
(b) Centralized appropriation means the appropriation of funds to an
executive director of a department or a central administrative program intended for subsequent allocation and expenditure at and among a department's divisions, programs, agencies, or long bill groups in order to reflect the amount of such resources actually used in each program or division. Such centralized appropriations may include salary survey, step pay or anniversary increases, senior executive service, shift differential, group health and life insurance, capital outlay, ADP capital outlay, information technology asset maintenance, legal services, purchase of services from computer center, multiuse network payments, vehicle lease payments, leased space, financed purchase of an asset, certificate of participation, payment to risk management and property funds, short-term disability insurance, utilities, communications services payments, amortization equalization disbursements, supplemental amortization equalization disbursements, administrative law judge services, and centralized ADP. As provided in subsection (1)(l) of this section, capital outlay is included within the appropriation for operating expenses.
(b.5) Certificate of participation means any certificate evidencing a
participation right or a proportionate interest in any financing agreement or the right to receive proportionate payments from the state or an agency due under any financing agreement.
(c) Communications services payments means payments to the office of
information technology created in section 24-37.5-103 for the cost of services from the state's public safety communications infrastructure.
(c.5) Financed purchase of an asset means a financing agreement that
includes the purchase of an asset.
(d) (I) Except as otherwise provided in subparagraph (IV) of this paragraph
(d), full-time equivalent or FTE means the budgetary equivalent of one permanent position continuously filled full time for an entire fiscal year by elected state officials or by state employees who are paid for at least two thousand eighty hours per fiscal year, with adjustments made to:
(A) Include in such time computation any sick, annual, administrative, or
other paid leave;
(B) Exclude from such time computation any overtime or shift differential
payments made in excess of regular or normal hours worked and any leave payouts upon termination of employment; and
(C) Account for the actual number of work hours in a given fiscal year.
(II) Full-time equivalent or FTE does not include contractual, temporary,
or permanent seasonal positions.
(III) As used in this paragraph (d), state employee means a person
employed by the state, whether or not such person is a classified employee in the state personnel system.
(IV) For purposes of higher education professional personnel and assistants
in resident instruction and professional personnel in organized research and activities relating to instruction, full-time equivalent or FTE means the equivalent of one permanent position continuously filled for a nine-month or ten-month academic year.
(V) The number of FTE specified in a particular item of appropriation is the
number utilized to calculate the amount appropriated and necessary to fund any combination of part-time positions or full-time positions equal to such number for the fiscal year to which the annual general appropriation act pertains in accordance with the definition contained in subsections (1)(d)(II) and (1)(d)(III) of this section and is not a limitation on the number of FTE that may be employed. No department shall make a material change in the number of FTE specified in a particular item of appropriation prior to notifying the joint budget committee in writing of such change. This subsection (1)(d)(V) does not apply to state trainee positions.
(e) Health, life, and dental means the state contribution for group benefits
plans pursuant to section 24-50-609. These contribution amounts shall be effective in accordance with section 24-50-104 (4)(d)(II).
(f) Indirect cost assessment means reimbursements made to an agency of
the state from federal funds, other nonstate funds, cash funds, or reappropriated funds for the indirect expenses that have been incurred by the state in operating such programs. These recoveries are made by the departments using the approved indirect cost rate, as required by the state fiscal rules.
(g) Leased space means the use and acquisition of office facilities and
office and parking space pursuant to a rental agreement.
(h) Repealed.
(i) Legal services means the purchase of legal services from the
department of law; however, up to ten percent of the amount appropriated for legal services may instead be expended for operating expenses, contractual services, and tuition for employee training.
(j) Motor vehicle means a motor truck designated three-quarters of one ton
or less, automobile, or other self-propelled vehicle.
(k) Multiuse network payments means payments to the department of
personnel for the cost of administration and the use of the state's telecommunications network.
(l) Operating expenses means those supplies, materials, items, services,
and travel-related expenses needed to administer the programs delegated to the departments, except for personal services, legal services, or capital construction.
(m) Personal services means:
(I) All salaries and wages, including overtime, whether to full-time, part-time,
or temporary employees of the state, and also includes the state's contribution to the public employees' retirement association and the state's share of federal medicare tax paid for state employees;
(II) Professional services, meaning services requiring advanced study in a
specialized discipline that are rendered or performed by firms or individuals for the state other than for employment compensation as an employee of the state, including but not limited to accounting, consulting, architectural, engineering, physician, nurse, specialized computer, and construction management services. No appropriation for such services shall be expended on the provision of legal services by the department of law or by a private attorney or law firm prior to notifying the joint budget committee in writing of such change. Payments for professional services shall be in compliance with section 24-30-202 (2) and (3).
(III) Temporary services, meaning clerical, administrative, and casual labor
rendered or performed by firms or individuals for the state other than for employment compensation as an employee of the state. Payments for temporary services shall be in compliance with section 24-30-202 (2) and (3).
(IV) Tuition, meaning payments for graduate or undergraduate courses taken
by state employees at institutions of higher education; or
(V) Payments for unemployment claims or insurance as required by the
department of labor and employment.
(n) Pueblo data entry center payments means payments to the department
of personnel for the cost of data entry services from the data entry center.
(o) Purchase of services from computer center means the purchase of
automated data processing services from the general government computer center.
(p) Short-term disability means the state contribution for employee short-term disability pursuant to section 24-50-603 (13).
(q) Utilities means water, sewer service, electricity, payments to energy
service companies, purchase of energy conservation equipment, and all heating fuels.
(r) Vehicle lease payments means the annual payments to the department
of personnel for the cost of administration, repayment of a loan from the state treasury, and financed purchase of an asset or certificate of participation payments for new and replacement vehicles.
(2) (a) When it is not feasible, due to the format of the annual general
appropriation act, to set forth fully in the line item description the purpose of an item of appropriation or a condition or limitation on the item of appropriation, the footnotes at the end of each section of the annual general appropriation act are provisions that set forth such purposes, conditions, or limitations. Such provisions are intended to be binding portions of the items of appropriation to which they relate to the extent that those purposes, conditions, or limitations are integral to the appropriation and are not, in accordance with the Colorado supreme court decision in Colorado General Assembly v. Owens, 136 P.3d 262 (Colo. 2006), conditions reserving to the general assembly powers of close supervision over the appropriation.
(b) The footnotes may also contain an explanation of any assumptions used
in determining a specific amount of an appropriation. However, such footnotes shall not contain any provision of substantive law or any provision requiring or requesting that any administrative action be taken in connection with any appropriation. Footnotes may set forth any other statement of explanation or expression of legislative intent relating to any appropriation.
(3) Where no purpose is specified or where a special program is specified,
the appropriation shall be for operating expenses and personal services.
(4) Expenditures of funds appropriated for the purchase of goods and
services shall be in accord with section 17-24-111, C.R.S., which requires institutions, agencies, and departments to purchase such goods and services as are produced by the division of correctional industries from said division.
Source: L. 2008: Entire section added, p. 153, � 2, effective March 24. L.
2009: (1)(h) amended, (HB 09-1218), ch. 132, p. 570, � 2, effective July 1; (1)(c) amended, (HB 09-1150), ch. 309, p. 1667, � 6, effective August 5. L. 2012: (1)(d)(I) amended, (SB 12-112), ch. 32, p. 126, � 1, effective August 8; (1)(b) amended, (HB12-1321), ch. 260, p. 1352, � 13, effective September 1. L. 2014: (1)(a)(II) amended, (HB 14-1387), ch. 378, p. 1845, � 47, effective June 6. L. 2021: (1)(b) and (1)(r) amended, (1)(b.5) and (1)(c.5) added, and (1)(h) repealed, (HB 21-1316), ch. 325, p. 2030, � 40, effective July 1. L. 2022: (1)(d)(V) amended, (SB 22-226), ch. 179, p. 1191, � 8, effective May 18. L. 2023: (1)(d)(V) amended, (SB 23-051), ch. 37, p. 147, � 26, effective March 23. L. 2024: IP(1) and (1)(b) amended, (HB 24-1467), ch. 430, p. 3017, � 8, effective June 5.
Cross references: (1) For the legislative declaration contained in the 2008
act enacting this section, see section 1 of chapter 57, Session Laws of Colorado 2008. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014. For the legislative declaration in SB 22-226, see section 1 of chapter 179, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1467, see section 1 of chapter 430, Session Laws of Colorado 2024.
(2) In 2012, subsection (1)(b) was amended by the Modernization of the State
Personnel System Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 260, Session Laws of Colorado 2012.
C.R.S. § 24-75-701
24-75-701. Definitions. As used in this part 7, unless the context otherwise requires:
(1) Administrator means the administrator of a local government
investment pool trust fund created pursuant to section 24-75-703.
(2) Board or board of trustees means the board of trustees composed of
members that are selected from among the treasurers or other local officials empowered to invest the funds of local governments pursuant to section 24-75-703 (2), and any other independent and unaffiliated trustees named by such members.
(3) Custodian means a designee located in the state of Colorado, with
authority, including control, over public funds of a local government investment pool trust fund. For purposes of this subsection (3), control includes possession of public funds of a local government investment pool trust fund, as well as the authority to establish accounts for such public funds in banks and to make deposits, withdrawals, or disbursements of such public funds. If the exercise of authority over such public funds requires action by or the consent of two or more putative custodians, then such custodians shall be treated as one custodian with respect to such public funds.
(4) Financial institution means an institution, with its primary place of
business in this state and authorized by its charter to exercise fiduciary powers, that is a state bank, savings and loan association, or trust company chartered by this state, a national bank organized or chartered under chapter 2 of title 12 of the United States Code, or a federal savings and loan association organized or chartered under chapter 12 of title 12 of the United States Code.
(5) (a) Investment adviser means, except as provided in paragraph (b) of
this subsection (5), any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities. Investment adviser also includes financial planners and other persons who, as an integral component of other financially related services, provide such investment advisory services to a local government investment pool trust fund for compensation or who hold themselves out as providing investment advisory services to a local government investment pool trust fund for compensation.
(b) Investment adviser does not include:
(I) A publisher of any bona fide newspaper, magazine, or business or financial
publication with a regular and paid circulation; a publisher of any securities advisory newsletter with a regular and paid circulation which does not provide advice to subscribers on their specific investment situations; or any author of material included in any such newspaper, magazine, publication, or newsletter who does not otherwise come within the definition of an investment adviser or investment adviser representative;
(II) An investment adviser representative;
(III) A broker-dealer or sales representative for a broker-dealer licensed by
the securities commissioner whose performance of investment advisory services is solely incidental to the conduct of its business as a broker-dealer and who receives no special compensation for such services;
(IV) A financial institution or any person employed by or directly associated
with a financial institution;
(V) A lawyer, certified public accountant, professional engineer, professional
geologist, or teacher, if such person:
(A) Does not take possession of the funds or securities of a local government
investment pool trust fund in connection with providing investment advisory services; and
(B) Does not receive commissions or other compensation, directly or
indirectly, from the sale of any security to any local government investment pool trust fund to whom such person provides advice about the value or advisability of investing in such security; and
(C) Does not engage in the business of advising a local government
investment pool trust fund as to the value of securities or as to the advisability of investing in, purchasing, or selling securities and provides such advice, if at all, in a manner solely incidental to the practice of the person's profession;
(VI) Any official, employee, or representative of the United States, any state,
any political subdivision of a state, or any agency or body corporate or other instrumentality thereof, acting in such person's official capacity on behalf of such entity;
(VII) Any other person or class of persons the securities commissioner
designates by rule or order.
(6) Investment adviser representative means any individual who is a
partner, officer, or director of an investment adviser, who occupies a similar status with or performs similar functions for an investment adviser, or who is employed or otherwise associated with an investment adviser, except clerical or ministerial personnel, and who:
(a) Makes any recommendations or otherwise renders advice regarding
securities;
(b) Manages accounts or portfolios of clients of the investment adviser;
(c) Determines which recommendation or advice regarding securities should
be given;
(d) Solicits, offers, negotiates for the sale of, or sells, investment advisory
services; or
(e) Supervises employees who perform any of the duties specified in this
subsection (6).
(7) Investment advisory services means those activities performed by a
person in connection with such person's engaging in any of the activities described in paragraph (a) of subsection (5) of this section.
(8) Local government means any county, city and county, town, school
district, special district, or other political subdivision of the state, or any department, agency, or instrumentality thereof, or any political or public corporation of the state.
(9) Local government investment pool trust fund means the trust fund
created pursuant to section 24-75-703, that is comprised of moneys deposited by participating local governments in such trust fund and held by a custodian.
(10) Participating local government means a local government that
participates in a local government investment pool trust fund.
(11) Securities commissioner means the commissioner of securities created
by section 11-51-701, C.R.S.
(12) Trust fund means a local government investment pool trust fund.
Source: L. 93: Entire part R&RE, p. 317, � 1, effective July 1. L. 2005: (4)
amended, p. 771, � 47, effective June 1. L. 2013: (4) amended, (SB 13-154), ch. 282, p. 1488, � 69, effective July 1.
C.R.S. § 24-80-1402
24-80-1402. Fallen heroes memorial commission - fund - repeal. (Repealed)
Source: L. 2007: Entire section added, p. 1316, � 1, effective September 1. L.
2008: (1)(a), (2)(b), and (4) amended, p. 1904, � 95, effective August 5. L. 2017: Entire section repealed, (SB 17-122), ch. 86, p. 265, � 2, effective August 9.
Cross references: For the legislative declaration in SB 17-122, see section 1
of chapter 86, Session Laws of Colorado 2017.
ARTICLE 80.1
Register of Historic Places
24-80.1-101. Legislative declaration. The general assembly hereby declares
that sites and structures possessing historical significance are cultural resources of this state; that the preservation of such resources is in the interest of the citizens of the state; and that the planning and activities of state agencies should include the preservation of such resources. It is the intent of the general assembly to provide that such resources be preserved to the extent possible for the education and enjoyment of the residents of this state, present and future.
Source: L. 75: Entire article added, p. 860, � 1, effective July 1.
24-80.1-102. Definitions. As used in this article, unless the context
otherwise requires:
(1) Action means any state activity, program, project, or undertaking or the
approval, sanction, assistance, or support of any activity, policy, program, project, or undertaking, including but not limited to:
(a) Recommendations or reports relating to legislation, including requests
for appropriations;
(b) New and continuing activities, programs, projects, or undertakings
directly engaged in by agencies or supported in whole or in part through state contracts, grants, subsidies, loans, or other forms of funding assistance or involving a state lease, permit, license, certificate, or other entitlement of use;
(c) The sale or transfer of state properties;
(d) Comprehensive or areawide planning in which provisions may be made for
any actions or which may result in a proposed action.
(2) Agency means any principal department of this state as provided in
section 24-1-110.
(3) Comment means any notation, observation, remark, or recommendation
made in response to a proposed agency action.
(4) Decision means the exercise of agency authority at any stage of an
action where alterations might be made in the action to modify its impact upon cultural properties.
(5) Effect means any change in the quality of the historical, archaeological,
or architectural character that qualified property for entry in the state register.
(6) Historical significance means having importance in the history,
architecture, archaeology, or culture of this state or any political subdivision thereof or of the United States, as determined by the society.
(7) Local government means a municipality or a county.
(8) National register means the national register of historic places
maintained pursuant to 54 U.S.C. sec. 302101 et seq.
(9) Preservation means the protection, enhancement, and maintenance of
historic properties.
(10) Properties means the resources, including buildings, structures,
objects, sites, districts, or areas, that are of historical significance.
(11) Review means the examination of information related to agency
actions in order to assess the effect of such actions on properties listed in the state register.
(12) Society means the state historical society.
(13) State register means the state register of historic properties.
(14) Water supply structure means a head gate, ditch, canal, flume,
reservoir, bypass, pipeline, conduit, well, pump, or other facility, structure, or device used to store, divert, transport, or control water, and any appurtenances thereto. Water supply structure includes any grouping of such structures.
Source: L. 75: Entire article added, p. 860, � 1, effective July 1. L. 2011: (14)
added, (HB 11-1289), ch. 165, p. 568, � 1, effective August 10. L. 2024: (8) amended, (HB 24-1450), ch. 490, p. 3418, � 51, effective August 7.
24-80.1-103. State register - creation. There is hereby created a state
register of historic properties in the state historical society which shall be administered by and under the control of the society.
Source: L. 75: Entire article added, p. 861, � 1, effective July 1.
24-80.1-104. Effect of state register - exception - legislative declaration.
(1) Except as otherwise provided in subsection (3) of this section, properties included or nominated for inclusion in the state register are protected from any action initiated by a state agency until a final determination concerning the effect of the action on such properties is made pursuant to subsection (2) of this section.
(2) (a) At the earliest stage of planning or consideration of a proposed action
or when it is anticipated that properties of historical significance may be adversely affected in the course of an agency action and in all cases prior to an agency decision concerning an action that may have an effect on properties listed in the state register, the agency initiating the action shall identify such properties located within the area of the proposed action, notify the society of the proposed action, request a determination of effect on such properties, and afford the society a period of thirty days in which to review the proposed action. Notification shall include sufficient and relevant information needed to make a determination of effect. Comments made by the society which include specific recommendations to prohibit or alter all or some aspects of the proposed action shall be implemented by the agency subject to paragraphs (b) and (c) of this subsection (2).
(b) If the agency rejects some or all of the comments of the society relative
to the proposed action, the agency shall be afforded a period of thirty days during which to negotiate a satisfactory agreement with the society.
(c) If no agreement is reached or if any party to any such agreement is
dissatisfied therewith, an appeal may be made to the governor for a final determination. The governor shall make such determination within thirty days after such appeal.
(3) (a) Subsections (1) and (2) of this section do not apply to actions initiated,
taken, or authorized by the department of natural resources or the department of public health and environment or any subdivisions of those departments that affect or potentially affect water supply structures.
(b) The general assembly finds that water supply structures in Colorado are
critical both to filling the projected shortfall in water supplies for current and future residents of the state and to protecting the state's agricultural lands from a loss of water supplies. The general assembly further finds that water supply structures and the ability to repair, replace, and change water supply structures are keys to the economic future of Colorado. For these reasons, the general assembly hereby determines and declares that it is necessary to exempt state agencies that take action concerning water supply structures from subsections (1) and (2) of this section.
Source: L. 75: Entire article added, p. 861, � 1, effective July 1. L. 2011: (1)
amended and (3) added, (HB 11-1289), ch. 165, p. 568, � 2, effective August 10.
24-80.1-105. Procedure for inclusion in state register. (1) Properties may be
nominated to the state register by the owner thereof, a local government, an agency, or the society.
(2) Upon nomination, the society shall determine whether the property is to
be included in the state register. Such determination shall be based on information made available to the society, including but not limited to information submitted with the nomination, information obtained through independent research efforts, information obtained through hearings and private conferences, and any other information or data which may come to the attention of the society.
(3) Property included in the national register shall be included in the state
register without determination by the society, by reason of such inclusion.
Source: L. 75: Entire article added, p. 862, � 1, effective July 1.
24-80.1-106. Designation as area of state interest. Property nominated to or
accepted by the state register may be designated as an area of state interest by a local government in accordance with article 65.1 of this title.
Source: L. 75: Entire article added, p. 862, � 1, effective July 1.
24-80.1-107. Criteria for nomination. (1) Criteria for consideration of
property for nomination to or inclusion in the state register shall include, but not be limited to, the following:
(a) The association of such property with events that have made a significant
contribution to history;
(b) The connection of such property with persons significant in history;
(c) The apparent distinctive characteristics of a type, period, method of
construction, or artisan;
(d) The geographic importance of the property;
(e) The possibility of important discoveries related to prehistory or history.
(2) Written approval of the owner of the land and the property is required for
nomination to or inclusion in the state register.
Source: L. 75: Entire article added, p. 862, � 1, effective July 1.
24-80.1-108. Duties of the society. (1) In order to carry out the provisions of
this article, the society shall:
(a) Prepare, expand, and maintain a state register of historic properties and
establish and promulgate criteria and procedures by which properties shall be determined to be eligible for, nominated to, and listed in the state register, no later than December 31, 1975;
(b) Regularly notify agencies of additions or deletions to the state register;
(c) Prepare, no later than June 30, 1976, a preservation plan which it shall
review and revise annually after said date.
(2) The society has the power to prepare and promulgate rules and
procedures to implement this article.
(3) The society shall assist the agencies in evaluating state-owned
properties and in reviewing activities, programs, projects, undertakings, and all other agency actions for adequacy in addressing the preservation of properties in the state register.
Source: L. 75: Entire article added, p. 863, � 1, effective July 1.
24-80.1-108.5. Owner consent for inclusion of land and property in
multiple property documentation form. Notwithstanding any other provision of law, prior to taking any action to approve a multiple property documentation form or to request the approval of the keeper of the national register of an executed multiple property documentation form, the society shall require the applicant to obtain the consent, evidenced by a signature, of each owner of the land and property included within the region of lands described in the form who provided any information or granted access to their land or property.
Source: L. 2019: Entire section added, (HB 19-1078), ch. 99, p. 361, � 1,
effective August 2.
24-80.1-109. Water supply structure - nomination for inclusion in the state
register or national register - multiple property documentation form. (1) (a) Before acting upon a nomination of a water supply structure for inclusion in the state register or national register, the society shall:
(I) Submit, to the water clerks for the water divisions in which the water
supply structure is located, notice of the proposed nomination, for publication as set forth in section 37-92-302 (3)(a) and (3)(b), C.R.S.; and
(II) Send written notice of the proposed nomination by first-class mail to
every person having a property interest in the water supply structure or water rights used through the water supply structure. In order to comply with this paragraph (a), the society may rely upon the real property records of the county assessor for the counties in which the water supply structure is located to determine persons having real property interests and, to determine the identity of persons having water right interests, the society may rely upon the records of the division engineer in the water divisions in which the water supply structure is located, as set forth under part 2 of article 92 of title 37, C.R.S.
(b) (I) The society shall not proceed with a nomination for inclusion in the
state register if a person having a real property interest in the water supply structure or an interest in water that is used in the water supply structure files a letter of objection to the proposed nomination with the society within one hundred twenty days after receiving notice under this subsection (1).
(II) For a nomination to include a water supply structure in the national
register, the society shall not proceed with the nomination if objection is made in accordance with 36 CFR 60.6.
(2) (a) Prior to taking any action to request approval from the keeper of the
national register of a multiple property documentation form in which any or all of the multiple property types or associated property types are water supply structures, the society shall procure the approval of the state engineer appointed pursuant to section 37-80-101, C.R.S.
(b) (I) The society shall provide notice to all persons having a property
interest in a water supply structure included in a multiple property documentation form using the procedure set forth for substitute water supply plans in section 37-92-308 (5)(a), C.R.S.; except that the time requirements for any actions by the state engineer under this subsection (2) do not apply. The state engineer shall act solely at his or her discretion to consider and approve or disapprove the multiple property documentation form at a time he or she sees fit.
(II) The society shall enter into a programmatic agreement with the state
engineer that requires, at a minimum, that any person having an interest in the water supply structure who objects to inclusion of the owners' water supply structure may have the water supply structure removed from the multiple property documentation form.
(3) Nothing in this section limits communications between the society and
the keeper of the national register that are required under 54 U.S.C. sec. 302303 (b)(9). The state engineer shall not review any such communications in which water supply structures are only incidentally described.
Source: L. 2011: Entire section added, (HB 11-1289), ch. 165, p. 569, � 3,
effective August 10. L. 2024: (3) amended, (HB 24-1450), ch. 490, p. 3418, � 52, effective August 7.
ALLOCATION FOR ART
ARTICLE 80.5
Allocation for Art
24-80.5-101 and 24-80.5-102. (Repealed)
Source: L. 2010: Entire article repealed, (SB 10-158), ch. 231, p. 1014, � 6,
effective July 1.
Editor's note: This article was added in 1977. For amendments to this article
prior to its repeal in 2010, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. The provisions of this article were relocated to part 3 of article 48.5 of this title. For the location of specific provisions, see the editor's notes following each section in said part 3 and the comparative tables located in the back of the index.
STATE PROPERTY
ARTICLE 82
State Property
PART 1
CAPITOL BUILDINGS - ACQUISITION OF PROPERTY
C.R.S. § 24-82-802
24-82-802. Financed purchase of an asset or certificate of participation agreements for real property - definitions - financed purchase of an asset or certificate of participation rental cash fund. (1) As used in this section, unless the context otherwise requires:
(a) (I) Annual financed purchase of an asset or certificate of participation
payment means the total amount due from the state on property subject to a financed purchase of an asset or certificate of participation agreement and includes:
(A) The annual base rent scheduled to be paid and the additional rent
estimated to be paid on or pursuant to the financed purchase of an asset or certificate of participation agreement and any ancillary agreements that may include, but need not be limited to, any of the following that are paid on a current basis and not paid by a seller or other third party as part of a financed purchase of an asset or certificate of participation agreement: All acquisition costs, such as due diligence costs associated with evaluation of an existing building; land acquisition; penalties for breaking lease agreements; a capital reserve for space planning and capital improvements needed in the building for demolition and construction of tenant space for state agencies or the release to existing tenants; relocation costs; office furniture and equipment; insurance; and the costs associated with any financed purchase of an asset or certificate of participation financing; plus
(B) Operating and maintenance costs and a reserve for controlled
maintenance costs.
(II) For the construction of a new building on land owned or leased by the
state, the acquisition costs may also include the architectural and engineering design and engineering costs, site preparation, provisions for utilities and tap fees, and materials and construction costs.
(b) Annual rent costs means base rent typically found in the leased space
line item in the annual general appropriation bill plus all operation, maintenance, and related costs paid to a lessor or other third party.
(c) Department means the department of personnel, created in section 24-1-128.
(d) Executive director means the executive director of the department of
personnel.
(e) Financed purchase of an asset agreement and certificate of
participation agreement shall have the same meanings as provided in section 24-82-801 (4).
(2) (a) Subject to the provisions of this section, the state treasurer, on behalf
of the state of Colorado for the use of the department, is authorized to enter into one or more financed purchase of an asset or certificate of participation agreements for real and associated personal property existing or to be constructed pursuant to requirements of the state to be exclusively used, possessed, and managed by the department for state agencies and nonstate lessees of the department as the executive director may solely determine according to the plan approved pursuant to subsection (4) of this section and subject to the terms of the financed purchase of an asset or certificate of participation agreement.
(b) Subject to section 2 of article XI of the state constitution, the state
treasurer, for the use and benefit of the department, may enter into such financed purchase of an asset or certificate of participation agreements in conjunction with the state board of land commissioners, created pursuant to section 9 of article IX of the state constitution, or with a private person. The state treasurer shall transfer all benefits and responsibilities under the financed purchase of an asset or certificate of participation agreement to the department. The department shall manage the property for the state as the executive director may solely determine, subject to the terms of the financed purchase of an asset or certificate of participation agreement.
(3) The state treasurer shall enter into a financed purchase of an asset or
certificate of participation agreement authorized pursuant to subsection (2) of this section on behalf of the state for the use and benefit of the department only if, at the time that the financed purchase of an asset or certificate of participation agreement is executed:
(a) The state agencies that will be located in the property that is the subject
of the financed purchase of an asset or certificate of participation agreement are funded, in whole or in part, by appropriations and a portion of the appropriations are being expended to pay rent to a seller;
(b) The projected annual rent costs of the state agencies that will be located
in the property plus any current rental payments or rental payments projected to be received from nonstate lessees for each fiscal year during the maximum term of the financed purchase of an asset or certificate of participation agreement exceed the annual financed purchase of an asset or certificate of participation payment for the property, adjusted as appropriate to account for any differences in services provided to, or costs paid for the benefit of, the state under the related leases and financed purchase of an asset or certificate of participation agreements;
(c) The property or proposed construction plan for the property has been
reviewed by the state architect who shall make written recommendations to the executive director for controlled maintenance needs during the term of the financed purchase of an asset or certificate of participation agreement;
(d) The plan for the financed purchase of an asset or certificate of
participation transaction has been approved first by the office of state planning and budgeting and the capital development committee of the general assembly pursuant to subsection (4) of this section;
(e) The executive director acknowledges his or her approval of the terms of
the financed purchase of an asset or certificate of participation agreements and any ancillary agreements;
(f) The agreements for the financed purchase of an asset or certificate of
participation transaction accurately reflect the plan approved by the office of state planning and budgeting and the capital development committee; and
(g) The state controller has approved all agreements pursuant to section 24-30-202.
(4) Prior to the state treasurer entering into any financed purchase of an
asset or certificate of participation agreement pursuant to this section, the executive director shall submit the report required by section 24-82-102 (1) and the plan for the financed purchase of an asset or certificate of participation transaction to the office of state planning and budgeting. If the office of state planning and budgeting approves the report and the plan, it shall submit the report and the plan to the capital development committee of the general assembly. The capital development committee shall approve the plan or refer its recommendations regarding the plan, with written comments, to the executive director and the office of state planning and budgeting.
(5) Approval of the plan by the office of state planning and budgeting shall
not authorize the department to expend any money on the annual financed purchase of an asset or certificate of participation payment in any fiscal year in an amount greater than the projected annual rent costs of the state agencies plus any rental payments projected to be received from nonstate lessees for such fiscal year, adjusted as appropriate to account for any differences in services provided to, or costs paid for the benefit of, the state under the related leases and financed purchase of an asset or certificate of participation agreements.
(6) The state of Colorado, acting by and through the state treasurer, for the
use and benefit of the department may, at the state treasurer's sole discretion, enter into one or more financed purchase of an asset or certificate of participation agreements authorized by subsection (2) of this section with any for-profit or nonprofit corporation, trust, or commercial bank as a trustee, as seller.
(7) (a) A financed purchase of an asset or certificate of participation
agreement authorized in subsection (2) of this section shall provide that all of the obligations of the state under the financed purchase of an asset or certificate of participation agreement shall be subject to the action of the general assembly in annually making money available for all payments thereunder. The financed purchase of an asset or certificate of participation agreement shall also provide that the obligations shall not be deemed or construed as creating an indebtedness of the state within the meaning of any provision of the state constitution or the laws of the state of Colorado concerning or limiting the creation of indebtedness by the state of Colorado and shall not constitute a multiple fiscal-year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4) of article X of the state constitution. In the event the state of Colorado does not renew a financed purchase of an asset or certificate of participation agreement authorized in subsection (2) of this section, the sole security available to the seller shall be the property encumbered to secure the nonrenewed financed purchase of an asset or certificate of participation agreement or equivalent substitute collateral provided by the state.
(b) A financed purchase of an asset or certificate of participation agreement
authorized in subsection (2) of this section may contain such terms, provisions, and conditions as the state treasurer, acting on behalf of the state of Colorado and for the use and benefit of the department, may deem appropriate, including all optional terms; except that a financed purchase of an asset or certificate of participation agreement:
(I) Shall not exceed in its term the shorter of the remaining useful life of the
building or twenty-five years; and
(II) Shall specifically authorize the state of Colorado:
(A) To receive title to all real and personal property that is the subject of the
financed purchase of an asset or certificate of participation agreement on or prior to the expiration of the terms of the financed purchase of an asset or certificate of participation agreement; and
(B) To reduce the term of the agreement through prepayment of rental and
other payments subject to the terms of the financed purchase of an asset or certificate of participation agreement and any ancillary agreement.
(c) A financed purchase of an asset or certificate of participation agreement
authorized in subsection (2) of this section may provide for the issuance, distribution, and sale of instruments evidencing rights to receive rentals and other payments made and to be made under the financed purchase of an asset or certificate of participation agreement. The instruments shall not be notes, bonds, or any other evidence of indebtedness of the state within the meaning of any provision of the state constitution or the law of the state concerning or limiting the creation of indebtedness of the state and shall not constitute a multiple fiscal-year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4) of article X of the state constitution.
(d) Interest paid under a financed purchase of an asset or certificate of
participation agreement authorized in subsection (2) of this section, including interest represented by the instruments, shall be exempt from Colorado income tax.
(e) The state of Colorado, acting through the state treasurer, for the use and
benefit of the department, is authorized, if the executive director concurs, to enter into ancillary agreements and instruments as are deemed necessary or appropriate in connection with a financed purchase of an asset or certificate of participation agreement, including but not limited to ground leases, site leases, easements, or other instruments relating to the real property on which the facilities are located; except that no ancillary agreement is authorized that would cause the annual financed purchase of an asset or certificate of participation payment to exceed the annual rent costs appropriated to the state agencies prior to the financed purchase of an asset or certificate of participation agreement plus any rent projected to be received from nonstate lessees.
(f) A financed purchase of an asset or certificate of participation agreement
authorized in subsection (2) of this section may require the state to provide insurance; except that no insurance is authorized that would cause the annual financed purchase of an asset or certificate of participation payment to exceed the annual rent costs of the state agencies prior to the financed purchase of an asset or certificate of participation agreement plus any rent projected to be received from nonstate lessees, adjusted as described in subsection (3)(b) of this section. The insurance may be provided through the self-insured property fund created pursuant to section 24-30-1510.5.
(8) Any provision of the fiscal rules promulgated pursuant to section 24-30-202 (1) and (13) that the state controller deems to be incompatible or inapplicable
with respect to said financed purchase of an asset or certificate of participation agreements or any such ancillary agreement may be waived by the controller or his or her designee.
(9) If a financed purchase of an asset or certificate of participation
agreement authorized pursuant to subsection (2) of this section is executed, during the term of the financed purchase of an asset or certificate of participation agreement, money that at the time of the execution is appropriated to a state agency for rental payments in an amount equal to the annual financed purchase of an asset or certificate of participation payment, less any payments projected to be received from nonstate lessees pursuant to subsection (10) of this section, shall be transferred to the financed purchase of an asset or certificate of participation servicing account of the capital construction fund, created in section 24-75-302 (3.5), and, subject to annual appropriation, shall be used to pay the annual financed purchase of an asset or certificate of participation payments for the property that is the subject of the financed purchase of an asset or certificate of participation agreement or for operating, maintenance, and controlled maintenance costs for the property subject to the financed purchase of an asset or certificate of participation agreement. Money held in the financed purchase of an asset or certificate of participation servicing account shall be for the benefit of the department.
(10) (a) If the executive director determines that, in a property subject to a
financed purchase of an asset or certificate of participation agreement authorized pursuant to subsection (2) of this section, there is space that is not needed by a state agency, the executive director, separately or in conjunction with the state board of land commissioners or another person, may:
(I) Hire a building manager to manage the space; or
(II) Subject to the approval of the office of state planning and budgeting,
lease the space to any person on commercially reasonable terms.
(b) (I) Any money received by the executive director on behalf of nonstate
lessees pursuant to subsection (10)(a) of this section shall be transmitted to the state treasurer, who shall credit the same to the financed purchase of an asset or certificate of participation rental cash fund for the benefit of the department, which fund is hereby created and referred to in this section as the fund. The money in the fund shall be subject to annual appropriation by the general assembly to the department of personnel and shall only be used for the annual financed purchase of an asset or certificate of participation payments for financed purchase of an asset or certificate of participation agreements authorized pursuant to subsection (2) of this section or for operating, maintenance, and controlled maintenance costs for the buildings subject to the financed purchase of an asset or certificate of participation agreements.
(II) Any money in the fund not expended for the purpose of this subsection
(10) may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund shall be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
Source: L. 2010: Entire section added, (SB 10-166), ch. 185, p. 664, � 1,
effective April 29. L. 2021: IP(1)(a)(I), (1)(a)(I)(A), (1)(e), (2), IP(3), (3)(a), (3)(b), (3)(c), (3)(d), (3)(e), (3)(f), (4), (5), (6), (7)(a), IP(7)(b), (7)(b)(II)(A), (7)(b)(II)(B), (7)(c), (7)(d), (7)(e), (7)(f), (8), (9), IP(10)(a), (10)(b)(I), and (10)(b)(II) amended, (HB 21-1316), ch. 325, p. 2039, � 58, effective July 1.
C.R.S. § 24-82-902
24-82-902. Outdoor lighting fixtures funded by the state - standards. (1) On or after July 1, 2002, any new outdoor lighting fixture installed by or on behalf of the state using state funds shall meet at least the following requirements:
(a) For outdoor lighting fixtures with a rated output greater than three
thousand two hundred lumens, the fixture is a full cutoff luminaire;
(b) The minimum illuminance adequate for the intended purpose is used with
consideration given to recognized standards, including, but not limited to, recommended practices adopted by the illuminating engineering society of North America (IESNA);
(c) Full consideration has been given to costs, energy conservation, glare
reduction, the minimization of light pollution, and the preservation of the natural night environment; and
(d) For purposes of lighting a designated highway in the state highway
system, the department of transportation determines that the purpose of the outdoor lighting fixture cannot be achieved by the installation of reflective road markers, lines, warning or informational signs, or other effective methods that do not require the use of artificial light.
(2) The provisions of subsection (1) of this section shall not apply if:
(a) A federal law or regulation preempts state law;
(b) The outdoor lighting fixture is used on a temporary basis to provide
illumination for emergency personnel in an emergency situation;
(c) The outdoor lighting fixture is used on a temporary basis for nighttime
work;
(d) Additional illumination is required for a special event or situation; except
that any additional illumination required for a special event or situation shall be installed so as to shield the outdoor lighting fixtures from direct view and to minimize upward lighting and light pollution;
(e) The outdoor lighting fixture is used solely to enhance the aesthetic
beauty of an object; or
(f) A compelling safety interest exists that cannot be addressed by another
method.
(3) The provisions of subsection (1) of this section shall serve only as
guidelines for and shall not be binding on any state prison facility or any private contract prison in the state.
Source: L. 2001: Entire part added, p. 668, � 2, effective August 8.
PART 10
LEVERAGED LEASING
C.R.S. § 24-92-102
24-92-102. Definitions. As used in this article 92, unless the context otherwise requires:
(1) Agency of government means any agency, department, division, board,
bureau, commission, institution, or section of this state which is a budgetary unit exercising construction contracting authority or discretion.
(2) Construction contract or contract means any agreement for building,
altering, repairing, improving, or demolishing any public project of any kind. For the purposes of this article, the terms include capital construction, capital renewal, and controlled maintenance, as defined in section 24-30-1301.
(3) Cost means the total cost of labor, materials, provisions, supplies,
equipment rentals, equipment purchases, insurance, supervision, engineering, clerical, and accounting services, the value of the use of equipment, including its replacement value, owned by a state agency, and reasonable estimates of other administrative costs not otherwise directly attributable to the public project which may be reasonably apportioned to such project in accordance with generally accepted cost accounting principles and standards.
(4) Cost-reimbursement contract means a contract under which a
contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this article.
(5) Invitation for bids means all documents, whether attached or
incorporated by reference, utilized for soliciting bids.
(6) Low responsible bidder means any contractor who has bid in
compliance with the invitation to bid and within the requirements of the plans and specifications for a public project, who is the low bidder, and who has furnished bonds or their equivalent as required by law.
(7) Project description means the words used in a solicitation to describe
the construction to be performed, and includes specifications attached to, or made a part of, the solicitation.
(8) (a) Public project means any construction, alteration, repair, demolition,
or improvement of any land, building, structure, facility, road, highway, bridge, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety and any maintenance programs for the upkeep of such projects.
(b) Except as provided in paragraph (c) of this subsection (8), public project
does not include any project for which appropriation or expenditure of moneys may be reasonably expected not to exceed five hundred thousand dollars in the aggregate for any fiscal year. Nothing in this paragraph (b) shall affect the requirements for the delivery of bonds or security pursuant to sections 24-105-202, 38-26-105, and 38-26-106, C.R.S.
(c) Public project does not include any project under the supervision of the
department of transportation for which appropriation or expenditure of funds may be reasonably expected not to exceed three hundred thousand dollars in the aggregate of any fiscal year, annually adjusted for inflation as provided in section 24-92-109 (1)(b).
(9) Responsible officer means the person having overall contract
administration responsibility for an agency of government.
Source: L. 81: Entire article added, p. 1254, � 1, effective July 1. L. 98: (8)
amended, p. 1042, � 1, effective August 5. L. 2001: (8)(b) amended, p. 214, � 1, effective August 8. L. 2010: (8)(b) amended, (HB 10-1181), ch. 351, p. 1628, � 22, effective June 7. L. 2014: (2) amended, (HB 14-1387), ch. 378, p. 1852, � 60, effective June 6. L. 2021: IP and (8)(c) amended, (HB 21-1056), ch. 181, p. 977, � 1, effective September 7. L. 2024: (8)(c) amended, (HB 24-1143), ch. 114, p. 369, � 1, effective August 7.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-92-104
24-92-104. Exemptions - applicability. (1) The provisions of sections 24-92-103 and 24-92-103.5 do not apply to:
(a) A public project for which the agency of government receives no bids or
for which all bids have been rejected; or
(b) A situation for which the responsible officer determines it is necessary to
make emergency procurements or contracts because there exists a threat to public health, welfare, or safety under emergency conditions, but such emergency procurements or contracts shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.
(c) Contracts for architectural, engineering, land surveying, and landscape
architectural services as provided for in part 14 of article 30 of this title.
(2) Nothing in this article shall be construed to affect or limit any additional
requirements imposed upon an agency of government for awarding contracts for public projects.
(3) This article shall not apply to any county, municipality, school district,
special district, or political subdivision of the state and shall not be construed to affect any requirements which may otherwise apply to such entities for awarding contracts for public projects, except as provided in section 24-92-109.
Source: L. 81: Entire article added, p. 1256, � 1, effective July 1. L. 2014: IP(1)
amended, (HB 14-1387), ch. 378, p. 1852, � 61, effective June 6.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-93-103
24-93-103. Definitions. As used in this article, unless the context otherwise requires:
(1) Agency means any agency, department, division, board, bureau,
commission, institution, or other agency of the executive, legislative, or judicial branch of state government that is a budgetary unit exercising construction contracting authority or discretion.
(2) Contract means any agreement for designing, building, altering,
repairing, improving, demolishing, operating, maintaining, or financing a public project. For purposes of this article, contract includes capital construction as defined in section 24-30-1301 (2).
(3) Cost-reimbursement contract means a contract under which a
participating entity is reimbursed for costs that are allowable and that is allocable in accordance with the contract terms and provisions of this article.
(4) Integrated project delivery or IPD means a project delivery method in
which there is a contractual agreement between an agency and a single participating entity for the design, construction, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination of these services, for a public project.
(5) IPD contract means a contract using an integrated project delivery
method.
(6) Participating entity means a partnership, corporation, joint venture,
unincorporated association, or other legal entity that provides appropriately licensed planning, architectural, engineering, development, construction, operating, or maintenance services as needed in connection with an IPD contract.
(7) Public project means any construction, alteration, repair, demolition, or
improvement of any land, building, structure, facility, road, highway, bridge, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety and any operation or maintenance programs for the operation and upkeep of such projects.
Source: L. 2007: Entire article added, p. 1806, � 1, effective August 3. L.
2014: (2) amended, (HB 14-1387), ch. 378, p. 1852, � 62, effective June 6.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-94-102
24-94-102. Definitions. As used in this article 94, unless the context otherwise requires:
(1) Department means the department of personnel.
(2) Develop means to plan, design, develop, build, establish, finance, lease,
acquire, install, construct, reconstruct, or expand a public project.
(3) Executive director means the executive director of the department of
personnel or the executive director's designee.
(4) Finance means the supply by a private partner of resources to
accomplish all or any part of the work or services for a public project, including funds, financing, income, revenue, cost sharing, technology, personnel, equipment, expertise, data, or engineering, construction, or maintenance services.
(4.3) HVAC means heating, ventilation, and air conditioning.
(4.7) Local education provider means:
(a) A local education provider, as defined in section 22-16-103 (4); and
(b) The Colorado school for the deaf and the blind described in section 22-80-102.
(5) Operate means to finance, operate, maintain, improve, equip, modify,
repair, or administer a public project.
(6) Private partner means any natural person, corporation, general
partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, local government, other private business entity, or any combination thereof.
(7) Public-private agreement means any agreement between one or more
private partners and one or more state public entities that contractually provides for the responsibilities of all parties in negotiating, developing, or operating any aspect of a proposed or approved public project or financed purchased of an asset. Public-private agreement does not mean a grant or incentive program established in another provision of law or an agreement approved by the economic development commission pursuant to parts 1 and 3 of article 46 of this title 24.
(8) Public-private partnership means an agreement between one or more
state public entities and one or more private partners by which a state public entity may allocate responsibility or risk to a private partner to develop or operate a public project and, in return, the private partner may receive the right to all or a portion of fees generated by the public project, availability payments made by the state public entity, other public money, or any other legally available consideration. A public-private partnership does not confer onto the relationship formed any of the attributes or incidents of a partnership pursuant to section 7-60-106 or the common law. Public-private partnership does not mean any grant or incentive program established by another provision of law or agreements that are approved by the economic development commission, including but not limited to grant or incentive programs described in parts 1 and 3 of article 46 of this title 24.
(9) Public project means any construction, alteration, repair, demolition, or
improvement of any state-owned land, building, structure, facility, asset, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety, and any maintenance programs for the upkeep of such projects subject to part 2 of article 92 of this title 24. Public project includes but is not limited to a project for civic, child care, medical, utility, telecommunication, cultural, recreational, or educational facilities or services.
(10) State public entity means any department, agency, or subdivision of
the executive branch of state government; except that state public entity does not include state entities that have specific statutory authority to enter into public-private partnerships, including but not limited to the authority specified in sections 23-3.1-301 (1), 23-3.1-306.5, 24-33.5-510, 26-6.9-102, 32-22-105 (1)(a)(VIII), 40-2-123, and 43-4-806.
(11) Subcommittee means the public-private partnership subcommittee of
the Colorado economic development commission created in section 24-46-102 (4).
(12) Unit means the public-private collaboration unit created in section 24-94-103 (2).
Source: L. 2022: Entire article added, (SB 22-130), ch. 232, p. 1711, � 2,
effective May 26. L. 2025: (4.3) and (4.7) added, (HB 25-1245), ch. 400, p. 2271, � 7, effective August 6.
Cross references: For the legislative declaration in HB 25-1245, see section 1
of chapter 400, Session Laws of Colorado 2025.
C.R.S. § 24-94-103
24-94-103. Public-private partnerships - oversight of state public entities in the executive branch of state government - definition - repeal. (1) Within one year of May 26, 2022, the executive director shall:
(a) Create requirements regarding the authority for state public entities to
initiate requests for proposals or bids or to review any private partner-initiated proposals for public projects to be completed through public-private partnerships subject to the executive director's approval pursuant to section 24-94-104(1). The processes may include, but need not be limited to:
(I) Completion of analyses regarding perceived advantages, disadvantages,
risks, benefits, costs, and value-for-money of a proposed public-private partnership;
(II) Documented considerations of potential funding alternatives, impacts on
affected communities, and the suitability and scope of a proposed public-private partnership;
(III) Documented considerations of the entire life cycle of a proposed public-private partnership, including planning, design, engineering, construction, repair,
maintenance, operations, financing, and handover;
(IV) Due diligence requirements; and
(V) Development of any other materials, analyses, considerations,
requirements, or reports necessary for the executive director to make a determination that the proposal for a public-private partnership serves an important social or economic value, including but not limited to increased behavioral health capacity, broadband deployment, affordable housing development, child care services, or any other public benefit.
(b) Create requirements regarding the authority for state public entities to
execute public-private partnership agreements for public projects subject to the executive director's approval pursuant to section 24-94-104 (1). The processes may include, but need not be limited to:
(I) Acceptable project delivery methods, including alternative delivery
methods, for an approved public-private partnership proposal;
(II) Acceptable financing methods for an approved public-private
partnership, including but not limited to a pledge of, security of, interest in, or lien on property or interest in property, and any amounts, terms, and conditions to be included in public-private agreements;
(III) Reporting requirements for state public entities and private partners
throughout the life cycle of an executive director-approved public-private partnership;
(IV) Policies concerning transparency and timely reporting; and
(V) Developing a fair, unbiased method of choosing proposals based on the
best interests of the state and considering financial costs and benefits to the state and public project users.
(c) Further define any relevant terms in this article 94, including but not
limited to public-private partnership and public-private agreement; and
(d) Develop cost thresholds for public projects that qualify as a public-private partnership or public-private agreement, which may depend on the type of
project and the responsible state public entity.
(2) There is hereby established the public-private collaboration unit in the
department. The unit shall:
(a) In coordination with relevant state public entities, identify, prioritize, and
advance potential public projects that may be best delivered through a public-private partnership;
(b) Facilitate collaboration between state public entities and private partners
in connection with public projects;
(c) Provide technical assistance and expertise to state public entities in
connection with any aspect of proposed or approved public-private partnerships, which may include assistance with:
(I) Satisfying the requirements established by the executive director in
subsections (1)(a) and (1)(b) of this section;
(II) Project screening, planning, development, procurement, operations, and
management; and
(III) Serving as a liaison with federal and local government officials;
(d) Create best practices that incorporate lessons learned from other public-private partnerships for every stage of the life cycle of a public-private partnership,
which may include:
(I) Standardizing methodologies and processes;
(II) Creating templates for interagency agreements that identify project
resources and responsibilities; and
(III) Creating templates for partnership agreements that address risk
allocations, key terms, and conditions;
(e) Conduct public and stakeholder engagement to encourage transparency,
accountability, and information sharing regarding public-private partnerships;
(f) Track proposed, ongoing, and completed public-private partnerships;
(g) Attract private investments for public projects;
(h) In coordination with the department of early childhood, created in section
24-1-120.5 (1), distribute funding to help increase the supply of child care facilities using public buildings or other appropriate public assets; and
(i) Give preference to proposed or executed public-private partnership
agreements that will use state-owned real property for the purposes of mixed-income development and affordable housing that is proportional to the community's demonstrated affordable housing needs.
(2.2) (a) The unit may:
(I) Accept monetary and nonmonetary gifts, grants, and donations. Monetary
gifts, grants, and donations shall be transferred by the unit to the state treasurer and credited by the state treasurer to the unused state-owned real property fund created in section 24-82-102.5 (5).
(II) Accept, appropriate, hold in trust, and leverage, on behalf of private
partners, proceeds from real estate transactions conducted in accordance with this section and other applicable state law, as well as revenues from public-private partnership agreements for public projects that provide affordable housing;
(III) Use real property that, upon approval by the governor, has been deeded
to the department by a state public entity for the purpose of carrying out the provisions of an executed or proposed public-private agreement or real estate state contract for a public project that provides affordable housing. In furtherance of this subsection (2.2)(a)(III), the unit may act as the department's agent in real estate transactions to:
(A) Purchase state-owned real property;
(B) Transfer state-owned real property;
(C) Exchange state-owned real property;
(D) Sell or otherwise dispose of state-owned real property subject to any
procedures and limitations applicable to the state public entity to sell or otherwise dispose of property;
(E) Enter into an agreement for easements or deed restrictions concerning
state-owned real property; and
(F) Enter into a lease agreement concerning state-owned real property.
(IV) Use requests for information to solicit public projects that provide
affordable housing and establish policies concerning a request for information process.
(b) As used in this subsection (2.2), unless the context otherwise requires:
(I) Public project that provides affordable housing means a public project
that includes housing proportional to a community's demonstrated affordable housing needs and may include mixed-use development. The percentage of income-restricted units and affordability levels in such a public project must comply with any local laws promoting the development of new affordable housing units pursuant to section 29-20-104 (1)(e.5).
(II) State-owned real property has the same meaning as real property as
set forth in section 24-30-1301 (15).
(3) Repealed.
(4) Any issuance or incurrence of financial obligations under this article 94
must comply with section 24-36-121.
Source: L. 2022: Entire article added, (SB 22-130), ch. 232, p. 1712, � 2,
effective May 26. L. 2023: (2)(g) and (2)(h) amended, (2)(i) and (2.2) added, and (3) repealed, (SB 23-001), ch. 234, p. 1228, � 2, effective May 20.
C.R.S. § 25-1-114
25-1-114. Unlawful acts - penalties. (1) It is unlawful for any person, association, or corporation, and the officers thereof:
(a) To willfully violate, disobey, or disregard the provisions of the public
health laws or the terms of any lawful notice, order, standard, rule, or regulation issued pursuant thereto; or
(b) To fail to make or file reports required by law or rule of the board relating
to the existence of disease or other facts and statistics relating to the public health; or
(c) To conduct any business or activity over which the department possesses
the power to license and regulate without such license or permit as required by the department; or
(d) To willfully and falsely make or alter any certificate or license or certified
copy thereof issued pursuant to the public health laws; or
(e) To knowingly transport or accept for transportation, interment, or other
disposition a dead body without an accompanying permit issued in accordance with the public health laws or the rules of the board; or
(f) To willfully fail to remove from private property under his control at his
own expense, within forty-eight hours after being ordered so to do by the health authorities, any nuisance, source of filth, or cause of sickness within the jurisdiction and control of the department, whether such person, association, or corporation is the owner, tenant, or occupant of such private property; except that, if such condition is due to an act of God, it shall be removed at public expense; or
(g) To pay, give, present, or otherwise convey to any officer or employee of
the department any gift, remuneration, or other consideration, directly or indirectly, which such officer or employee is forbidden to receive by the provisions of this part 1; or
(h) To make, install, maintain, or permit any cross-connection between any
water system supplying drinking water to the public and any pipe, plumbing fixture, or water system which contains water of a quality below the minimum general sanitary standards as to the quality of drinking water supplied to the public or to fail to remove such connection within ten days after being ordered in writing by the department to remove the same. For the purposes of this paragraph (h), cross-connection means any connection which would allow water to flow from any pipe, plumbing fixture, or water system into a water system supplying drinking water to the public.
(i) To sell or offer for sale any raw milk, milk product, or unsanitary dairy
product, as defined in section 25-5.5-104, for other than human consumption unless it has first been treated with a dye approved by the department; or
(j) To violate section 25-3-122.
(2) It is unlawful for any officer or employee of the department or member of
the board to accept any gift, remuneration, or other consideration, directly or indirectly, for an incorrect or improper performance of the duties imposed upon him by or on behalf of the department.
(3) It is unlawful:
(a) For any officer or employee of the department to perform any work, labor,
or services other than the duties assigned to him by or on behalf of the department during the hours such officer or employee is regularly employed by the department, or to perform his duties as an officer or employee of the department under any condition or arrangement that involves a violation of this or any other law of the state of Colorado;
(b) For any officer or employee of the department other than members of the
board to perform any work, labor, or services which consist of the private practice of medicine, veterinary surgery, sanitary engineering, nursing, or any other profession which is or may be of special benefit to any private person, association, or corporation as distinguished from the department or the public generally, and which is performed by such officer or employee, directly or indirectly, for remuneration, whether done in an active, advisory, or consultative capacity or performed within or without the hours such officer or employee is regularly employed by the department.
(4) Except as provided in subsection (5) of this section, any person,
association, or corporation, or the officers thereof, who violates any provision of this section commits a class 2 misdemeanor and is also liable for any expense incurred by health authorities in removing any nuisance, source of filth, or cause of sickness. Conviction under the penalty provisions of this part 1 or any other public health law shall not relieve any person from any civil action in damages that may exist for an injury resulting from any violation of the public health laws.
(5) (a) It is unlawful for any person, association, or corporation, or the officers
thereof, to tamper, attempt to tamper, or threaten to tamper with a public water system or with drinking water after its withdrawal for or treatment by a public water system. For purposes of this subsection (5), tamper means to introduce a contaminant into a public water system or into drinking water or to otherwise interfere with drinking water or the operation of a public water system with the intention of harming persons or the public water system. Tamper does not include the standardized and accepted treatment procedures performed by a supplier of water in preparing water for human consumption.
(b) (I) Any person, association, or corporation, or the officers thereof, who
tampers with a public water system or with drinking water after its withdrawal for or treatment by a public water system commits a class 3 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
(II) Any person, association, or corporation, or the officers thereof, who
attempts to tamper or threatens to tamper with a public water system or with drinking water after its withdrawal for or treatment by a public water system commits a class 5 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
(III) Conviction under this subsection (5) shall not relieve any person from a
civil action initiated pursuant to section 25-1-114.1.
Source: L. 47: p. 515, � 12. CSA: C. 78, � 21(13). CRS 53: � 66-1-14. C.R.S.
1963: � 66-1-14. L. 64: p. 478, � 2. L. 75: (1)(i) added, p. 870, � 2, effective June 20. L. 86: (1)(i) amended, p. 1220, � 25, effective May 30. L. 87: (4) amended and (5) added, p. 610, � 21, effective July 1. L. 2002: (5)(b)(I) and (5)(b)(II) amended, p. 1536, � 262, effective October 1. L. 2019: (1)(j) added, (HB 19-1174), ch. 171, p. 1995, � 7, effective January 1, 2020. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3232, � 441, effective March 1, 2022.
Cross references: (1) For the penalty for a class 2 misdemeanor, see � 18-1.3-501.
(2) For the legislative declaration contained in the 2002 act amending this
section, see section 1 of chapter 318, Session Laws of Colorado 2002.
C.R.S. § 25-10-103
25-10-103. Definitions. As used in this article 10, unless the context otherwise requires:
(1) Absorption system means a leaching field and adjacent soils or other
system for the treatment of sewage in an on-site wastewater treatment system by means of absorption into the ground.
(2) Applicant means a person who submits an application for a permit for
an on-site wastewater treatment system.
(3) Cesspool means an unlined or partially lined underground pit or
underground perforated receptacle into which raw household wastewater is discharged and from which the liquid seeps into the surrounding soil. Cesspool does not include a septic tank.
(4) Commission means the water quality control commission created by
section 25-8-201.
(5) Department means the department of public health and environment
created by section 25-1-102.
(6) Division means the division of administration of the department.
(7) Effluent means the liquid flowing out of a component or device of an
on-site wastewater treatment system.
(8) Environmental health specialist means a person trained in physical,
biological, or sanitary science to carry out educational and inspectional duties in the field of environmental health.
(9) Health officer means the chief administrative and executive officer of a
local public health agency, or the appointed health officer of the local board of health. Health officer includes a director of a local public health agency.
(10) Local board of health means any local, county, or district board of
health.
(11) Local public health agency means any county, district, or municipal
public health agency and may include a county, district, or municipal board of health or local agency delegated by a county, district, or municipal board of health to oversee OWTS permitting and inspection or an OWTS program.
(12) On-site wastewater treatment system or OWTS and, where the
context so indicates, the term system, means an absorption system of any size or flow or a system or facility for treating, neutralizing, stabilizing, or dispersing sewage generated in the vicinity, which system is not a part of or connected to a sewage treatment works.
(13) Percolation test means a subsurface soil test at the depth of a
proposed absorption system or similar component of an on-site wastewater treatment system to determine the water absorption capability of the soil, the results of which are normally expressed as the rate at which one inch of water is absorbed.
(14) Permit means a permit for the construction or alteration, installation,
and use or for the repair of an on-site wastewater treatment system.
(15) Person means an individual, partnership, firm, corporation, association,
or other legal entity and also the state, any political subdivision thereof, or other governmental entity.
(16) Professional engineer means an engineer licensed in accordance with
part 2 of article 120 of title 12.
(17) Septage means a liquid or semisolid that includes normal household
wastes, human excreta, and animal or vegetable matter in suspension or solution generated from a residential septic tank system. Septage may include such material issued from a commercial establishment if the commercial establishment can demonstrate to the department that the material meets the definition for septage set forth in this subsection (17). Septage does not include chemical toilet residuals.
(18) Septic tank means a watertight, accessible, covered receptacle
designed and constructed to receive sewage from a building sewer, settle solids from the liquid, digest organic matter, store digested solids through a period of retention, and allow the clarified liquids to discharge to other treatment units for final disposal.
(19) Sewage means a combination of liquid wastes that may include
chemicals, house wastes, human excreta, animal or vegetable matter in suspension or solution, and other solids in suspension or solution, and that is discharged from a dwelling, building, or other establishment.
(20) Sewage treatment works has the same meaning as domestic
wastewater treatment works under section 25-8-103.
(21) Soil evaluation means a percolation test, soil profile, or other
subsurface soil analysis at the depth of a proposed soil treatment area or similar component or system to determine the water absorption capability of the soil, the results of which are normally expressed as the rate at which one inch of water is absorbed or as an application rate of gallons per square foot per day.
(22) Soil treatment area means the physical location where final treatment
and dispersal of effluent occurs. Soil treatment area includes drainfields and drip fields.
(23) State waters has the meaning set forth under section 25-8-103.
(24) Systems cleaner means a person engaged in and who holds himself or
herself out as a specialist in the cleaning and pumping of on-site wastewater treatment systems and removal of the residues deposited in the operation thereof.
(25) Systems contractor means a person engaged in and who holds himself
or herself out as a specialist in the installation, renovation, and repair of on-site wastewater treatment systems.
Source: L. 97: Entire article amended with relocations, p. 122, � 1, effective
July 1. L. 2004: (16) amended, p. 1312, � 60, effective May 28. L. 2006: (2.5) added and (8) and (21) amended, p. 1129, � 6, effective July 1. L. 2010: (11) and (12) amended, (HB 10-1422), ch. 419, p. 2105, � 121, effective August 11. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 482, � 1, effective August 8. L. 2019: IP and (16) amended, (HB 19-1172), ch. 136, p. 1704, � 165, effective October 1.
C.R.S. § 25-10-106
25-10-106. Basic rules for local administration. (1) Local boards of health or the commission, as appropriate, shall adopt rules under section 25-10-104 that govern all aspects of the application for and issuance of permits, the inspection and supervision of installed systems, the issuance of cease-and-desist orders, the maintenance and cleaning of systems, and the disposal of waste material. The rules must, at a minimum, include provisions regarding:
(a) Procedures by which a person may apply for a permit for an on-site
wastewater treatment system. The permit application must be in writing and must include any information, data, plans, specifications, statements, and commitments as required by the local board of health to carry out the purposes of this article.
(b) Review of the application and inspection of the proposed site by the local
public health agency;
(c) Specification of studies to be performed and reports to be made by the
applicant and the circumstances under which the studies or reports may be required by the local public health agency;
(d) Determination on behalf of the local public health agency by an
environmental health specialist or a professional engineer after review of the application, site inspection, test results, and other required information, whether the proposed system complies with the requirements of this article and the rules adopted under this article;
(e) Issuance of a permit by the health officer or the health officer's
designated representative if the proposed system is determined to be in compliance with this article and the rules adopted under this article;
(f) Review by the local board of health, upon request of an applicant, of
applications denied by the local public health agency;
(g) The circumstances under which all applications are subject to mandatory
review by the local public health agency to determine whether a permit shall issue;
(h) Final inspection of a system to be made by the local public health agency
or its designated professional engineer after construction, installation, alteration, or repair work under a permit has been completed, but before the system is placed in use, to determine that the work has been performed in accordance with the permit and that the system is in compliance with this article and the rules adopted under this article;
(i) Inspection of operating systems at reasonable times, and upon reasonable
notice to the occupant of the property, to determine if the system is functioning in compliance with this article and the rules adopted under this article. Officials of the local public health agency are permitted to enter upon private property for purposes of conducting such inspections.
(j) Issuance of a repair permit to the owner or occupant of property on which
a system is not in compliance. An owner or occupant shall apply to the local public health agency for a repair permit within two business days after receiving notice from the local public health agency that the system is not functioning in compliance with this article or the rules adopted under this article or otherwise constitutes a nuisance or hazard to public health or water quality. The permit shall provide for a reasonable period of time within which the owner or occupant must make repairs, at the end of which period the local public health agency shall inspect the system to ensure that it is functioning properly. Concurrently with the issuance of a repair permit, the local public health agency may authorize the continued use of a malfunctioning system on an emergency basis for a period not to exceed the period stated in the repair permit. The period of emergency use may be extended, for good cause shown, if, through no fault of the owner or occupant, repairs may not be completed in the period stated in the repair permit and only if the owner or occupant will continue to make repairs to the system.
(k) (I) Issuance of an order to cease and desist from the use of any on-site
wastewater treatment system or sewage treatment works that is found by the health officer not to be in compliance with this article or the rules adopted under this article or that otherwise constitutes a nuisance or a hazard to public health or water quality. Such an order may be issued only after a hearing is conducted by the health officer not less than forty-eight hours after written notice of the hearing is given to the owner or occupant of the property on which the system is located and at which the owner or occupant may be present, with counsel, and be heard. The order must require that the owner or occupant bring the system into compliance or eliminate the nuisance or hazard within a reasonable period of time, not to exceed thirty days, or thereafter cease and desist from the use of the system. A cease-and-desist order issued by the health officer is reviewable in the district court for the county in which the system is located and upon a petition filed no later than ten days after the order is issued.
(II) For the purposes of this paragraph (k), any system or sewage treatment
works that does not comply with any statute or rule of this title constitutes a nuisance.
(III) For the purposes of this paragraph (k), a sewage treatment works does
not include any sewage treatment facility with a discharge permit issued pursuant to section 25-8-501.
(l) Reasonable periodic collection and testing by the local public health
agency of effluent samples from on-site wastewater treatment systems for which monitoring of effluent is necessary in order to ensure compliance with this article or the rules adopted under this article. The sampling may be required not more than two times a year, except when required by the health officer in conjunction with action taken pursuant to paragraph (k) of this subsection (1). The local public health agency may charge a fee not to exceed actual costs, plus locally established mileage reimbursement rates for each mile traveled from the principal office of the local public health agency to the site of the system and return, for each sample collected and tested, and payment of such charges may be stated in the permit for the system as a condition for its continued use. Any owner or occupant of property on which an on-site wastewater treatment system is located may request the local public health agency to collect and test an effluent sample from the system. The local public health agency may, at its option, perform such collection and testing services, and is entitled to charge a fee not to exceed actual costs, plus locally established mileage reimbursement rates for each mile traveled from the principal office of the local public health agency to the site of the system and return, for each sample collected and tested.
(m) At the option of the local board of health, maintenance and cleaning
schedules and practices adequate to ensure proper functioning of various types of on-site wastewater treatment systems. The local board of health may additionally require proof of proper maintenance and cleaning, in compliance with the schedule and practices adopted under this subsection (1), to be submitted periodically to the local public health agency by the owner of the system.
(n) Disposal of septage at a site and in a manner that does not create a
hazard to the public health, a nuisance, or an undue risk of pollution.
Source: L. 97: Entire article amended with relocations, p. 128, � 1, effective
July 1. L. 2001: (1)(k) amended, p. 304, � 1, effective April 9. L. 2004: (1)(c), (1)(e), and (1)(h) amended, p. 1313, � 62, effective May 28. L. 2010: (1)(f) amended, (HB 10-1422), ch. 419, p. 2105, � 122, effective August 11. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 487, � 1, effective August 8.
C.R.S. § 25-10-108
25-10-108. Performance evaluation and approval of systems employing new technology. (1) A systems contractor, a professional engineer, or a manufacturer of on-site wastewater treatment systems that employ new technology may apply to the division for a determination of reliability of the system. The division may hold a public hearing to determine whether the particular design or type of system, based upon improvements or developments in the technology of sewage treatment, has established a record of performance reliability that would justify approval of applications for such systems by the health officer without mandatory review by the local board of health. If the division determines, based upon reasonable performance standards and criteria, that reliability has been established, the division shall so notify each local board of health, and applications for permits for the systems may thereafter be acted upon by the health officer, the health officer's designated representative, or the local board of health's designated representative, in the same manner as applications for systems described in section 25-10-106. The division shall not arbitrarily deny any person the right to a hearing on an application for a determination of reliability under this section.
(2) Except for designs or types of systems that have been approved by the
division pursuant to subsection (1) of this section, the local public health agency may approve an application for a type of system not otherwise provided for in section 25-10-106, only if the system has been designed by a professional engineer and only if the application provides for the installation of a backup system, of a type previously approved by the division under subsection (1) of this section, in the event of failure of the primary system. A local public health agency shall not arbitrarily deny any person the right to consideration of an application for such a system and shall apply reasonable performance standards in determining whether to approve an application.
Source: L. 97: Entire article amended with relocations, p. 131, � 1, effective
July 1. L. 2004: Entire section amended, p. 1313, � 63, effective May 28. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 490, � 1, effective August 8.
Editor's note: This section is similar to former � 25-10-107 as it existed prior
to 1997, and the former � 25-10-108 was relocated to � 25-10-109.
C.R.S. § 25-11-103
25-11-103. Radiation control agency - powers and duties. (1) The department is designated as the radiation control agency of this state.
(2) Pursuant to rules adopted as provided in section 25-11-104, the
department shall issue licenses pertaining to radioactive materials, prescribe and collect fees for such licenses, and require registration of other sources of radiation. No other agency or branch of this state has such power or authority.
(3) The department shall develop and conduct programs for evaluation and
control of hazards associated with the use of radioactive materials and other sources of radiation, including criteria for disposal of radioactive wastes and materials to be considered in approving facilities and sites pursuant to part 2 of this article.
(4) The department may institute training programs for the purpose of
qualifying personnel to carry out the provisions of this part 1 and may make said personnel available for participation in any program of the federal government, other states, or interstate agencies in furtherance of the purposes of this part 1.
(5) In the event of an emergency relating to any source of radiation that
endangers the public peace, health, or safety, the department has the authority to issue such orders for the protection of the public health and safety as may be appropriate, including orders to lay an embargo upon or impound radioactive materials and other sources of radiation in the possession of any person who is not equipped to observe or who fails to comply with this part 1 or any rules promulgated under this part 1.
(6) The department or its duly authorized representatives has the power to
enter at all reasonable times, in accordance with applicable state or federal regulations, into the areas in which sources of radiation are reasonably believed to be located for the purpose of determining whether or not the owner, occupant, or licensee is in compliance with or in violation of this part 1 and the rules promulgated under this part 1, and the owner, occupant, or person in charge of such property shall permit such entry and inspection.
(7) (a) In order to provide for the concentration, storage, or permanent
disposal of radioactive materials consistent with adequate protection of the public health and safety, the state, through the department, may acquire by gift, transfer from another state department or agency, or other transfer any and all lands, buildings, and grounds suitable for such purposes. Any such acquisition shall be subject to the provisions of paragraph (h) of this subsection (7).
(b) The state, through the department, may, by lease or license with private
persons or corporations, provide for the operation of sites or facilities, for the purposes stated in paragraph (a) of this subsection (7), in, under, and upon lands and grounds acquired under said paragraph (a) in accordance with rules and regulations established by the department; but no lease or license shall be authorized except with the prior approval of the state engineer. The department may permit the conduct thereon of other related activities involving radioactive materials not contrary to the public interest, health, and safety. Each such lease or license shall cover only one site or facility and shall provide for a term up to ninety-nine years, which shall be renewable. Each such lease or license shall provide for the payment to the state of a fee based upon the quantity of radioactive material stored in the lands covered thereby. Such fee shall be established at such rate that interest on the sum of all fees reasonably anticipated as payable under any lease or license shall provide an annual amount equal to the anticipated reasonable costs to the state of such maintenance, monitoring, and other supervision of the lands and facilities covered by such lease or license, following the term thereof, as are required in the interest of the public health and safety. In arriving at the rate of the fee, the department shall consider the nature of the material to be stored, the storage space available, estimated future receipts, and estimated future expenses of maintenance, monitoring, and supervision.
(c) Said lease shall include a payment in lieu of taxes which shall be paid
over to local governmental units in compensation for loss of valuation for assessment. Said payment shall be adjusted annually to conform with current mill levies, assessment practices, and value of land and improvements.
(d) All fees provided in this section shall be paid quarterly, as accrued, to the
department, which shall receipt for the same and shall transmit such payment to the state treasurer and take his receipt therefor.
(e) The department may require, as a condition to the issuance of any lease
or license under paragraph (b) of this subsection (7), that the lessee or licensee give reasonable security for the payment of the amount of all fees reasonably anticipated during the full term of such lease or license, and the department may also require, as a condition to the issuance of any lease or license, that the lessee or licensee post a bond or other security under such regulation as the department may prescribe to cover any tortious act committed during the term of the lease or license.
(f) Prior to the issuance of any lease or license under paragraph (b) of this
subsection (7), the department, at the expense of the applicant, shall hold a public hearing on the application, in the area of the proposed site or facility, after reasonable public notice.
(g) The operation of any and all sites and appurtenant facilities established
for the purposes of paragraph (a) of this subsection (7) shall be under the direct supervision of the department and shall be in accordance with rules and regulations adopted under section 25-11-104.
(h) It is recognized by the general assembly that any site used for the
concentration, disposal, or storage of radioactive material and the contents thereof will represent a continuing and perpetual responsibility involving the public health, safety, and general welfare and that ownership of said site and its contents must ultimately be reposed in a solvent government, without regard for the existence of any particular agency, instrumentality, department, division, or officer thereof. To this end and subject only to the terms of any lease or license issued under paragraph (b) of this subsection (7), all lands, buildings, and grounds acquired by the state under paragraph (a) of this subsection (7) which are used as sites for the concentration, storage, or disposal of radioactive materials shall be owned in fee simple absolute by the state and dedicated in perpetuity to such purposes, and all radioactive material received at such facility, upon permanent storage therein, shall become the property of the state and shall be in all respects administered, controlled, and disposed of, including transfer by sale, lease, loan, or otherwise, by the state, through the department, unless the general assembly shall designate another agency, instrumentality, department, or division of the state so to act.
(8) The state board of health shall prescribe, revise periodically as
appropriate, and provide for the collection of fees from any person for radiation control services provided by the department.
Source: L. 65: p. 717, � 3. C.R.S. 1963: � 66-26-3. L. 67: p. 763, � 1. L. 75: (6)
amended, p. 884, � 1, effective July 14. L. 79: (2) to (6) amended and (8) added, p. 1063, � 2, effective July 1; (4) to (6) amended, p. 1070, � 4, effective January 1, 1980. L. 2010: (2), (3), (5), and (6) amended, (HB 10-1149), ch. 282, p. 1310, � 3, effective May 26.
C.R.S. § 25-12-106
25-12-106. Noise restrictions - sale of new vehicles. (1) Except for such vehicles as are designed exclusively for racing purposes, no person shall sell or offer for sale a new motor vehicle that produces a maximum noise exceeding the following noise limits, at a distance of fifty feet from the center of the lane of travel, under test procedures established by the department of revenue:
(a) Any motorcycle manufactured on or after July 1, 1971, and before January
1,
197388 db(A);
(b) Any motorcycle manufactured on or after January 1, 197386 db(A);
(c) Any motor vehicle with a gross vehicle weight rating of six thousand
pounds or more manufactured on or after July 1, 1971, and before January 1, 197388 db(A);
(d) Any motor vehicle with a gross vehicle weight rating of six thousand
pounds or more manufactured on or after January 1, 197386 db(A);
(e) Any other motor vehicle manufactured on or after January 1, 1968, and
before January 1, 197386 db(A);
(f) Any other motor vehicle manufactured after January 1, 197384 db(A).
(g) (Deleted by amendment, L. 2008, p. 2102, � 2, effective July 1, 2010.)
(2) Test procedures for compliance with this section shall be established by
the department, taking into consideration the test procedures of the society of automotive engineers.
(3) Any person selling or offering for sale a motor vehicle or other vehicle in
violation of this section commits a civil infraction.
Source: L. 71: p. 650, � 1. C.R.S. 1963: � 66-35-6. L. 2008: IP(1) and (1)(g)
amended, p. 2102, � 2, effective July 1, 2010. L. 2009: (1)(a) and (1)(b) amended, (HB 09-1026), ch. 281, p. 1259, � 20, effective October 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3238, � 470, effective March 1, 2022.
Cross references: For the penalty for a civil infraction, see � 18-1.3-503.
C.R.S. § 25-15-208
25-15-208. Commission to promulgate rules and regulations - limitations. (1) The commission may promulgate rules and regulations establishing criteria for the engineering design of hazardous waste disposal sites and for the location of such sites to the extent that site characteristics are integrally related to the safe engineering design of such sites. Such rules and regulations shall take into account at least the following: Protection of surface and subsurface waters, suitable physical characteristics, distance from waste generation centers, access routes, distance from water wells, and final closure.
(2) The commission may also promulgate rules and regulations establishing
what constitutes a substantial change in ownership, design, or operation of a hazardous waste disposal site under section 25-15-206.
(3) The rules and regulations promulgated by the commission pursuant to
this section shall be based upon generally accepted scientific data.
Source: L. 81: Entire article R&RE, p. 1349, � 1, effective July 1. L. 83: Entire
section R&RE, p. 1094, � 12, effective June 3. L. 92: Entire section amended, p. 1260, � 22, effective August 1.
C.R.S. § 25-15-302
25-15-302. Solid and hazardous waste commission - creation - membership - rules - fees - administration - definitions. (1) (a) There is created in the department of public health and environment a solid and hazardous waste commission, referred to in this part 3 as the commission, which is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of public health and environment. The commission consists of nine citizens of the state appointed by the governor, with the consent of the senate, for terms of three years; except that the terms shall be staggered so that no more than three members' terms expire in the same year. Members of the commission must be appointed so as to achieve geographical representation and to reflect the various interests in waste management in the state.
(b) Appointments to the commission shall be made so that all persons shall
have appropriate scientific, technical, industrial, legal, public health, or environmental training or experience. Three members shall be from the regulated community. Three members shall be from the public at large. Three members shall be from government or the academic community; except that no member shall be an employee of the department. No more than five members of the commission shall be members of the same political party.
(c) The members of the commission shall disclose any potential conflicts of
interest to the governor and the committee of reference of the general assembly prior to confirmation and shall disclose any potential conflicts of interest which arise during their terms of membership to the other commission members in a public meeting of the commission.
(d) Whenever a vacancy exists on the commission, the governor shall appoint
a member for the remaining portion of the unexpired term created by the vacancy, subject to confirmation by the senate.
(e) The governor may remove any appointed member of the commission for
malfeasance in office, for failure to attend meetings regularly, or for any cause that renders such member incapable or unfit to discharge the duties of such member's office.
(f) If any member of the commission is absent from two consecutive
meetings or fails to attend at least seventy-five percent of the regularly scheduled meetings of the commission held in any one year and such absences were without sufficient cause as determined by the commission, the chairman of the commission shall notify the governor, who may remove such member and appoint a qualified person for the remaining portion of such member's term, subject to confirmation by the senate.
(g) Each member of the commission shall receive traveling and other
necessary expenses actually incurred in the performance of such member's official duties as a member of the commission.
(h) The commission shall select from its own membership a chairman, a vice-chairman, and a secretary. The commission shall keep a record of its proceedings.
(i) The commission shall hold regular public meetings and may hold special
meetings on the call of the chairman or vice-chairman at such other times as deemed necessary. Written notice of the time and place of each meeting shall be mailed to each member at least twenty days in advance of such meeting.
(j) (I) The commission shall hold an annual public meeting to hear public
comment on hazardous waste issues within the state. At such meeting, the commission shall answer reasonable questions from the public concerning rules, regulations, appeals of penalties, and any other commission activities under the authority of this part 3 occurring during the previous year.
(II) Prior to the meeting required under subparagraph (I) of this paragraph (j),
the commission shall prepare and make available to the public a report which shall contain the following specific information:
(A) All rules and regulations promulgated by the commission during the
previous year;
(B) All interpretive rules issued by the commission during the previous year;
(C) All appeals of penalties heard before the commission and the
commission's determinations in such appeals; and
(D) Any other commission activities as appropriate.
(k) Each member of the commission shall have a vote. Two-thirds of the
members of the commission shall constitute a quorum, and, except as otherwise provided in subsection (4) of this section, the concurrence of a majority of the members present at any meeting at which a quorum is present on any matter within its powers and duties shall be required for any determination made by the commission.
(2) The commission shall promulgate rules pertaining to hazardous waste in
accordance with this part 3 and in accordance with the procedures and other provisions of article 4 of title 24, C.R.S. Such rules shall provide protection of public health and the environment and shall include:
(a) Criteria for establishing characteristics and listings of hazardous wastes,
including mechanisms for determining whether any waste is hazardous for the purpose of this part 3;
(b) Regulations governing those wastes or combinations of wastes which are
not compatible and which may not be stored, treated, or disposed of together;
(c) Regulations for the storage, treatment, and disposal of hazardous wastes,
including regulations for the issuance of permits based on best engineering judgment, including but not limited to interim status, regulations concerning information required to be submitted to obtain such permits, and regulations concerning the requirement of a permit prior to the construction of a treatment, storage, or disposal facility;
(d) Regulations for the operation and maintenance of hazardous waste
treatment, storage, and disposal facilities, including such qualifications and requirements as to ownership, continuity of operation, training of personnel, and closure and postclosure care, as may be necessary or desirable;
(e) Regulations for the design and construction of treatment, storage, and
disposal facilities;
(f) Regulations, promulgated in accordance with article 20 of title 42, C.R.S.,
providing procedures and requirements for:
(I) The use of a manifest during transportation of hazardous waste, applying
equally to those persons transporting hazardous waste they have generated themselves and to persons who have contracted to transport hazardous waste for other parties, consistent with federal and state regulations on the transportation of hazardous wastes;
(II) Record keeping concerning the transportation of hazardous waste,
including its source and destination;
(III) Notification and cleanup of spills or discharges during the transportation
of hazardous waste;
(IV) Transportation of hazardous wastes only if such hazardous wastes are
properly labeled and for restricting the transportation of all hazardous wastes only to permitted hazardous waste treatment, storage, or disposal facilities which the shipper designates on the manifest form;
(g) Regulations requiring reports and record-keeping requirements for
hazardous waste management, including notification of accidents;
(h) Regulations establishing procedures for maintaining confidentiality
relating to methods of manufacture or secret processes and establishing fees and financial assurance and ownership requirements, including bonds, required by this part 3;
(i) Regulations for issuing compliance orders and administrative penalties,
for establishing compliance conditions and schedules, and for issuing, modifying, revoking and reissuing, or terminating permits; except that nothing in this paragraph (i) shall be interpreted to impair the department's authority to take such actions pending promulgation of such regulations;
(j) Regulations for the classification of sites in terms of wastes that can be
received and managed thereon and hydrological, soil, and other siting characteristics for assuring long-term isolation of designated wastes from the environment;
(k) Regulations establishing standards applicable to generators of
hazardous waste, including requirements for:
(I) Record-keeping practices that accurately identify the quantities of
hazardous waste generated, the constituents of such hazardous waste which are significant in quantity or of potential harm to human health or the environment, and the disposition of such hazardous waste;
(II) Labeling practices for any container that is used for the storage,
transportation, or disposal of hazardous waste so as to identify accurately such waste;
(III) The use of appropriate containers for hazardous waste;
(IV) The furnishing of information on the general chemical composition of
hazardous waste to persons transporting, treating, storing, or disposing of such waste;
(V) The use of a manifest system and any other reasonable means necessary
to assure that all hazardous waste generated is designated for treatment, storage, or disposal at a permitted facility;
(VI) The submission of reports; and
(l) Regulations requiring contingency plans for effective action to minimize
unanticipated damage from any treatment, storage, or disposal of any hazardous waste.
(3) The commission shall promulgate rules establishing categories of
hazardous wastes and hazardous waste management practices based on degree of hazard considerations. Such rules may vary from category to category to reflect the degree of hazard involved in each such category. The commission's rules may also provide for general permits to be issued based on degree of hazard considerations.
(3.2) (a) The commission shall promulgate rules establishing a certificate of
registration for any facility, fire department, or lessee subject to federal rules and regulations that uses or stores perfluoroalkyl and polyfluoroalkyl substances in its operations, establishing standards for the capture and disposal of perfluoroalkyl and polyfluoroalkyl substances, and setting penalties for not obtaining such a certificate of registration or following such standards for the capture and disposal of perfluoroalkyl and polyfluoroalkyl substances. The commission shall take into account costs, technological feasibility, and the possibility of emergency situations for any rules it promulgates.
(b) Any facility, fire department, or lessee subject to federal rules and
regulations that uses or stores perfluoroalkyl and polyfluoroalkyl substances in its operations must obtain the certificate of registration created under subsection (3.2)(a) of this section either before June 1, 2021, or six months after it first obtains perfluoroalkyl and polyfluoroalkyl substances, whichever is later.
(c) In order to obtain the certificate of registration created under subsection
(3.2)(a) of this section, a facility, fire department, or lessee subject to federal rules and regulations must prove that it follows the standards for the capture and disposal of perfluoroalkyl and polyfluoroalkyl substances created under subsection (3.2)(a) of this section.
(d) No facility, fire department, or lessee subject to federal rules and
regulations that uses or stores perfluoroalkyl and polyfluoroalkyl substances in its operations shall be subject to any penalties under this section for not obtaining a certificate of registration unless there has been a sufficient opportunity to apply for and receive a certificate of registration.
(e) As used in this section, unless the context otherwise requires:
(I) Perfluoroalkyl and polyfluoroalkyl substances means class B
firefighting foam, as defined in section 25-5-1302 (2), that contain a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(II) Uses or stores means actual and intentional ownership or control of
perfluoroalkyl and polyfluoroalkyl substances. Uses or stores does not mean the interception or accumulation of perfluoroalkyl and polyfluoroalkyl substances in water treatment facilities and domestic wastewater facilities.
(3.5) The commission shall promulgate rules pertaining to the assessment of
fees to offset program costs from facilities that treat, store, or dispose of hazardous waste pursuant to a permit or interim status and from generators of hazardous waste in accordance with the following:
(a) On or after July 1, 2000, to July 1, 2002, the fees shall be as follows:
(I) The annual fees for facilities that treat, store, or dispose of hazardous
waste pursuant to a permit or interim status shall be as set forth in 6 CCR 1007-3, section 100.31;
(II) The annual fee shall be one thousand nine hundred dollars for generators
of hazardous waste who are subject to regulation under this part 3 during any calendar month of the year for which the annual fee is being assessed and who generate in each of any four calendar months in that year an amount greater than one thousand kilograms of hazardous wastes, one kilogram of acute hazardous wastes, or one hundred kilograms of any residue, contaminated soil, waste, or debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes;
(III) The annual fee shall be three hundred dollars for all other generators of
hazardous waste that are subject to this part 3 during any calendar month of the year for which the annual fee is being assessed; except that no annual fee shall be assessed against those generators of hazardous waste who generate in every month of that year no more than one hundred kilograms of hazardous wastes, one kilogram of acute hazardous wastes, or one hundred kilograms of any residue, contaminated soil, waste, or debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes;
(IV) The document review and activity fee charged by the department shall
be in accordance with 6 CCR 1007-3, section 100.32; except that the hourly charge shall be increased from eighty-five dollars to one hundred dollars;
(V) The document review and activity fee ceiling shall be in accordance with
6 CCR 1007-3, section 100.32; except that the department may, on a case-by-case basis and upon demonstration of need consistent with section 25-15-301.5, request a waiver of the ceiling from a facility subject to the document review and activity fee.
(b) On or after July 1, 2002, the commission may adjust the fees then in
effect if the department has demonstrated that it has developed, implemented, and is continuing to improve policies and procedures for carrying out its statutory responsibilities at the lowest possible cost without jeopardizing the intent set out in section 25-15-301.5 (1), and that, despite these efforts or as a result of these efforts, the fee adjustments are necessary; except that the adjusted fees shall be subject to the following limitations:
(I) Annual fees for facilities that treat, store, or dispose of hazardous waste
pursuant to a permit or interim status shall be established at a level that will, when combined with an appropriate share of available federal grant moneys, generate revenues approximating the actual, reasonable program costs attributable to such facilities. Such annual fees shall take into account equitable factors including, without limitation, the quantity and degree of hazard of the hazardous waste involved and whether the hazardous waste is to be disposed of, stored, or treated.
(II) Annual fees for generators of hazardous waste who are subject to
regulation under this part 3 during any calendar month of the year for which the annual fee is being assessed shall be established at a level that will, when combined with an appropriate share of available federal grant moneys, generate revenues approximating the actual, reasonable program costs attributable to generators with an appropriate differentiation between generators described in subparagraphs (II) and (III) of paragraph (a) of this subsection (3.5);
(III) The hourly charge for the document review and activity fees shall be
established at a rate comparable to industry rates for performing similar tasks with maximum levels on document review and activity fees that reflect timely and cost-effective reviews; and
(IV) The overall fee structure shall be consistent with the trend in hazardous
waste generation, treatment, storage, disposal, and corrective action in the state and with the authorized funding for the program.
(c) In addition to any other review provided in law, any rule adopted, or fee
modified, by the commission pursuant to paragraph (b) of this subsection (3.5) may be reviewed by the joint budget committee of the general assembly upon its own motion or upon written request submitted within thirty days after the adoption of the rule by the commission. The joint budget committee shall review such rule for accuracy and compliance with the statutory provision set forth in this subsection (3.5). Request may be made by any person regulated under this part 3. Any review by the joint budget committee shall be completed within ninety days after the date requested. Such rule shall not become effective until approved by the joint budget committee or upon the failure of the joint budget committee to take action within ninety days after the day of the request for review. Such rule may not result in a level of funding for the program that exceeds amounts appropriated or that will be appropriated by the general assembly.
(d) The department shall provide a receipt for the fees paid pursuant to this
subsection (3.5) and shall transmit such payments to the state treasurer and take the treasurer's receipt therefor. The state treasurer shall credit all fees received to the hazardous waste service fund as provided in section 25-15-304.
(3.7) If the department determines that a facility is, and has been, treating,
storing, or disposing of hazardous wastes without a permit or interim status, and that facility legally should have been operating pursuant to a permit or interim status, then, in addition to any other remedies the department may have, the department may assess a fee to offset program costs from that facility that is equivalent to the estimated annual fees, without interest, that such facility should have paid the department if the facility had been operating pursuant to a permit or interim status; except that such fee shall not be assessed under any one the following circumstances:
(a) The only hazardous waste being treated, stored, or disposed of is in-place
contaminated media or debris or contaminated structures;
(b) The treatment, storage, and disposal is part of a corrective action plan
approved by the department; or
(c) The facility modified the facility's operations within one month after
being notified in writing that the facility should be operating pursuant to a permit or interim status so that any treatment, storage, or disposal of hazardous wastes at the facility is no longer subject to a permit or interim status.
(4) (a) Except as provided in paragraph (b) of this subsection (4), the rules
promulgated by the commission pursuant to the provisions of this part 3 may be more stringent than the corresponding rules of the federal environmental protection agency promulgated pursuant to the federal act; however, more stringent rules including, without limitation, rules that list or define as a hazardous waste any waste or other material exempted or otherwise not regulated as a hazardous waste under the federal act may only be adopted if the commission makes a written finding, after a public hearing and based upon substantial evidence in the record that such rules are necessary to protect the public health and the environment of the state, and such findings and rules are approved by an affirmative vote of at least six members of the commission. Such findings and rules shall be accompanied by a commission opinion referring to and evaluating the public health and environmental information and studies contained in the record that form the basis for such findings and rules.
(b) The rules promulgated by the commission pursuant to the provisions of
this part 3 concerning the regulation of mining and mineral processing wastes, including exploration, mining, milling, and smelting and the refining of waste, shall be identical to and no more inclusive than the regulations of the federal environmental protection agency promulgated pursuant to the federal act.
(c) (Deleted by amendment, L. 2000, p. 1068, � 3, effective July 1, 2000.)
(4.5) The commission shall adopt rules concerning solid waste disposal sites
and facilities in accordance with part 1 of article 20 of title 30, C.R.S.
(4.6) The commission may adopt rules that specify types of composting
facilities by size, volume, or other suitable criteria that provide equivalent protection of public health and the environment that would not be required to obtain a certificate of designation in accordance with section 30-20-102, C.R.S.
(4.7) Repealed.
(5) The rules promulgated by the commission are subject to expiration in
accordance with section 24-4-103.
(6) The commission may advise and consult and cooperate with other
agencies of the state, the federal government, and other states and with groups, political subdivisions, and industries affected by the provisions of this article or by the policies or rules of the commission.
(7) (a) The commission may hold hearings. Such hearings shall be held
pursuant to and in conformity with article 4 of title 24, C.R.S., and with this article.
(b) The commission shall adopt such rules governing procedures and
hearings before the commission as may be necessary to assure that such procedures and hearings will be fair and impartial. Such rules shall be consistent with the pertinent provisions of article 4 of title 24, C.R.S. Such rules shall include a voting rule that excludes a member from voting on any matter arising under section 25-15-305, 25-15-308, or 25-15-309 if such member has a conflict of interest with respect to such matter.
(c) The disclosure of any information relating to secret processes or methods
of manufacture or production which may be required, ascertained, or discovered by the commission shall be governed by the provisions of part 2 of article 72 of title 24, C.R.S.
(8) (a) Prior to promulgating any rule authorized by this article, the
commission shall conduct a public hearing thereon as provided in section 24-4-103, C.R.S. Notice of any such hearing shall conform to the requirements of section 24-4-103, C.R.S.; except that such notice shall include a summary or the text of each proposed rule or rule revision. The commission may, if requested or when otherwise appropriate, lengthen the notice period to provide sufficient time for public review of a proposed rule or revision.
(b) Rules promulgated pursuant to this article shall take effect as provided
in section 24-4-103 (5) or (6), C.R.S.
(9) (a) The commission shall employ an administrator and shall delegate to
such administrator such duties and responsibilities as it may deem necessary; except that no authority shall be delegated to such administrator to promulgate rules or to make determinations as provided in this part 3. Such administrator shall have appropriate practical, educational, technical, and administrative training or experience related to solid and hazardous waste management and shall be employed pursuant to section 13 of article XII of the Colorado constitution.
(b) Notice of meetings of the commission shall be published in the Colorado
register at least twenty days prior to the date of such meeting and shall state the time, place, and nature of the subject matter to be considered at such meeting. The administrator shall maintain a mailing list of persons requesting to be included thereon and shall mail notice of any meeting of the commission to such persons at least twenty days prior to such meeting. Opportunity shall be afforded to interested persons to submit views orally or in writing on the proposals under consideration or to otherwise participate informally in a commission proceeding. For commission proceedings under this part 3 other than the review of administrative penalties pursuant to section 25-15-309, the department shall furnish such personnel to the commission as the commission may reasonably require.
Source: L. 81: Entire article R&RE, p. 1353, � 1, effective July 1. L. 83: (2)(c) to
(2)(f), (2)(i), and (3) amended, (2)(k) and (2)(l) added, and (4) R&RE, pp. 1101, 1103, �� 20, 21, effective June 3. L. 92: (2.5) added, p. 1237, � 5, effective June 1; entire section R&RE, p. 1237, � 6, effective August 1. L. 94: IP(2)(f) amended, p. 2563, � 71, effective January 1, 1995. L. 2000: (3.5) and (3.7) added and (4)(a) and (4)(c) amended, p. 1068, � 3, effective July 1. L. 2006: (1)(a) and (9)(a) amended and (4.5) and (4.6) added, p. 1131, � 10, effective July 1. L. 2008: (3.5)(b)(I) and (3.5)(b)(II) amended, p. 176, � 13, effective March 24; (4.7) added, p. 432, � 4, effective August 5. L. 2014: (4.7) repealed, (HB 14-1352), ch. 351, p. 1594, � 4, effective July 1. L. 2020: (3.2) added, (HB 20-1119), ch. 139, p. 605, � 2, effective June 29. L. 2022: (1)(a) amended, (SB 22-013), ch. 2, p. 61, � 82, effective February 25; (1)(a) amended, (SB 22-162), ch. 469, p. 3369, � 54, effective August 10; (5) amended, (SB 22-091), ch. 28, p. 169, � 9, effective August 10.
Editor's note: (1) Although the act repealing and reenacting this article was
effective July 1, 1981, this section was not effective until January 1, 1982. (See � 25-15-102 (2).)
(2) Amendments to subsection (1)(a) by SB 22-013 and SB 22-162 were
harmonized.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 25-15-317
25-15-317. Legislative declaration. The general assembly declares that it is in the public interest to ensure that environmental remediation projects protect human health and the environment. The general assembly finds that environmental remediation projects may leave residual contamination at levels that have been determined to be safe for a specific use, but not all uses, and may incorporate engineered structures that must be maintained or protected against damage to remain effective. The general assembly finds that in such cases, it is necessary to provide an effective and enforceable means of ensuring the conduct of any required maintenance, monitoring, or operation, and of restricting future uses of the land, including placing restrictions on drilling for or pumping groundwater for as long as any residual contamination remains hazardous. The general assembly, therefore, declares that it is in the public interest to create environmental covenants and notices of environmental use restrictions because such covenants and restrictive notices are necessary for the protection of human health and the environment.
Source: L. 2001: Entire section added, p. 452, � 2, effective July 1. L. 2008:
Entire section amended, p. 169, � 2, effective March 24.
C.R.S. § 25-15-319
25-15-319. Contents of environmental covenants and notices of environmental use restrictions. (1) Environmental covenants and notices of environmental use restrictions shall include provisions regarding:
(a) Duration and any conditions under which the environmental covenant or
restrictive notice may be modified or terminated;
(b) Any environmental use restrictions relied on in the remediation decision
for the environmental remediation project for the subject property;
(c) A requirement that the owner of the property subject to the
environmental covenant or restrictive notice notify the department at least fifteen days in advance of any transfer of ownership of some or all of the real property subject to the environmental covenant or restrictive notice;
(d) A requirement that the owner of the property notify the department
simultaneously with submitting any application to a local government for a building permit or change in land use;
(e) A requirement to allow the department right of entry at reasonable times
with prior notice for the purpose of determining compliance with the terms of the environmental covenant or restrictive notice. Nothing in this section shall impair any other authority the department may otherwise have to enter and inspect property subject to the environmental covenant or restrictive notice.
(f) (I) For environmental covenants, inclusion of the following statement on
the first page of the instrument creating the environmental covenant in fifteen-point, bold-faced type: This property is subject to an environmental covenant held by the Colorado department of public health and environment pursuant to section 25-15-321, Colorado Revised Statutes.
(II) For restrictive notices, inclusion of the following statement on the first
page of the restrictive notice in fifteen-point, bold-faced type: This property is subject to a notice of environmental use restrictions imposed by the Colorado department of public health and environment pursuant to section 25-15-321.5, Colorado Revised Statutes.
(g) A requirement to incorporate, either in full or by reference, the
environmental covenant or restrictive notice in any leases, licenses, or other instruments granting a right to use the property that may be affected by the environmental covenant or restrictive notice;
(h) Modification or termination of the environmental covenant or restrictive
notice consistent with this subsection (1). The owner of land subject to an environmental covenant or restrictive notice may request that the department approve modification or termination of the covenant or restrictive notice. The request shall contain information showing that the proposed modification or termination shall, if implemented, ensure protection of human health and the environment. The department shall review any submitted information and may request additional information. If the department determines that the proposal to modify or terminate the environmental covenant or restrictive notice will ensure protection of human health and the environment, it shall approve the proposal. No modification or termination of an environmental covenant or restrictive notice shall be effective unless it has been approved in writing by the department. Information to support a request for modification or termination may include one or more of the following:
(I) A proposal to perform additional remedial work;
(II) New information regarding the risks posed by the residual contamination;
(III) Information demonstrating that residual contamination has diminished;
(IV) Information demonstrating that an engineered feature or structure is no
longer necessary;
(V) Information demonstrating that the proposed modification would not
adversely impact the remedy and is protective of human health and the environment; and
(VI) Other appropriate supporting information; and
(i) Such other subjects as may be appropriate.
Source: L. 2001: Entire section added, p. 453, � 2, effective July 1. L. 2008:
IP(1), (1)(a), (1)(c), (1)(e), (1)(f), (1)(g), and IP(1)(h) amended, p. 170, � 5, effective March 24.
C.R.S. § 25-15-320
25-15-320. Environmental covenants - when required - waiver. (1) No environmental covenant shall be required for any environmental remediation project that results in residual contamination levels that have been determined by the relevant regulatory agency to be safe for all uses and that does not incorporate any engineered feature or structure or require any monitoring, maintenance, or operation.
(2) Except as specified in subsections (3) and (4) of this section, an
environmental covenant under this part 3 shall be required for any environmental remediation project in which the relevant regulatory authority makes a remedial decision on or after July 1, 2001, that would result in either or both of the following:
(a) Residual contamination at levels that have been determined to be safe for
one or more specific uses, but not all uses; or
(b) Incorporation of an engineered feature or structure that requires
monitoring, maintenance, or operation or that will not function as intended if it is disturbed.
(3) The department may waive the requirement for an environmental
covenant in the following circumstances:
(a) If the department determines that it is authorized under another statute
or decision of the Colorado supreme court to implement and enforce environmental use restrictions against the present and subsequent owners of real property remediated pursuant to an environmental remediation project and implements environmental use restrictions under such statute or decision; or
(b) For a parcel of land involved in an environmental remediation project that
is owned by any person who is not being required to remediate the contamination, and:
(I) The owner of any such parcel does not grant an environmental covenant
under this section;
(II) The county, city and county, or municipality having jurisdiction over the
affected land has enacted an ordinance or resolution imposing the relevant environmental use restrictions; and
(III) The county, city and county, or municipality having jurisdiction and the
department have entered into an intergovernmental agreement for oversight and enforcement of the local ordinance or resolution pursuant to section 29-1-203, C.R.S. Such agreement shall be binding and mutually enforceable. The department shall have such authority as may be provided in the intergovernmental agreement to bring suit for injunctive relief to enforce any local ordinance or resolution described in this subsection (3), but only with respect to properties that are subject to the requirements of this section. Any intergovernmental agreement under this section shall require that, insofar as the local ordinance or resolution applies to properties that are subject to the requirements of this section, any amendments to the local ordinance or resolution shall incorporate such requirements as the department may recommend to ensure continued protection of human health and the environment.
(4) (a) When an environmental covenant is required under subsection (2) of
this section, a restrictive notice may be substituted for the covenant as follows:
(I) An owner of a parcel of land involved in an environmental remediation
project who is being required to remediate contamination may request that the department approve a proposed restrictive notice for such parcel or may request that the department issue a restrictive notice.
(II) The department may unilaterally issue a restrictive notice containing the
provisions described in section 25-15-319 when an environmental covenant is required under subsection (2) of this section and the owner of the subject property fails to create a covenant or restrictive notice within thirty days after:
(A) The date of a remedial decision for an environmental remediation project
that relies solely on environmental use restrictions to protect human health and the environment; or
(B) The completion of construction work for environmental remediation
projects that require physical work.
(b) Prior to issuing a restrictive notice unilaterally under subparagraph (II) of
paragraph (a) of this subsection (4), the department shall make a good-faith attempt to reach agreement with the owner of the subject property regarding a consensual covenant or notice.
(c) The department may not issue a restrictive notice for a parcel of land
involved in an environmental remediation project that is owned by a person who is not being required to remediate the contamination, unless such person consents in writing.
(5) The department may accept environmental covenants or issue restrictive
notices in cases where such covenants or notices are not required, including approvals of voluntary cleanup plans or petitions for no action determinations under sections 25-16-306 and 25-16-307, but the owner of the remediated land nonetheless desires to create such a covenant or requests that the department issue such a notice. A covenant or notice created under this subsection (5) may be enforced as any other covenant or notice.
Source: L. 2001: Entire section added, p. 455, � 2, effective July 1. L. 2008:
IP(2), (3)(b)(III), (4), and (5) amended, p. 171, � 6, effective March 24.
C.R.S. § 25-25-103
25-25-103. Definitions. As used in this article, unless the context otherwise requires:
(1) Authority means the Colorado health facilities authority created by this
article.
(2) Board means the board of directors of the authority.
(3) Bond, note, bond anticipation note, or other obligation means any
bond, note, debenture, interim certificate, or other evidence of financial indebtedness issued by the authority pursuant to this article, including refunding bonds.
(4) Bond resolution means the resolution authorizing the issuance of, or
providing terms and conditions related to, bonds issued under the provisions of this article and includes any trust agreement, trust indenture, indenture of mortgage, or deed of trust providing terms and conditions for such bonds.
(5) Costs, as applied to facilities financed in whole or in part under the
provisions of this article, means and includes the sum total of all reasonable or necessary costs incidental to:
(a) The acquisition, construction, reconstruction, repair, alteration,
equipment, enlargement, improvement, and extension of such facilities; and
(b) The acquisition of all lands, structures, real or personal property, rights,
rights-of-way, franchises, easements, and interest acquired, necessary, or used for, or useful for or in connection with, a facility; and
(c) All other undertakings that the authority deems reasonable or necessary
for the development of a facility, including, without limitation, the cost of or for:
(I) Studies and surveys;
(II) Land title and mortgage guaranty policies;
(III) Plans, specifications, and architectural and engineering services;
(IV) Legal, accounting, organization, marketing, or other special services;
(V) Financing, acquisition, demolition, construction, equipment, and site
development of new and rehabilitated buildings;
(VI) Rehabilitation, reconstruction, repair, or remodeling of existing
buildings; and
(VII) All other necessary and incidental expenses, including working capital
and an initial bond and interest reserve funds, together with interest on bonds issued to finance such facilities to the extent permitted under applicable federal tax law.
(6) (a) Health facility or facility, in the case of a participating health
institution, means any structure or building, whether such structure or building is located within the state or whether such structure or building is located outside the state if an out-of-state health institution that operates or manages such structure or building, or an affiliate of such institution, also operates or manages a health facility within this state, suitable for use as a hospital, clinic, nursing home, home for the aged or infirm, or other health-care facility; laboratory; pharmacy; laundry; nurses', doctors', or interns' residences; administration building; research facility; maintenance, storage, or utility facility; auditorium; dining hall; food service and preparation facility; mental or physical health-care facility; dental care facility; nursing school; medical or dental teaching facility; mental or physical health facilities related to any such structure or facility; or any other structure or facility required or useful for the operation of a health institution, including but not limited to offices, parking lots and garages, and other supporting service structures; and any equipment, furnishings, appurtenances, or other assets, tangible or intangible, including but not limited to assets related to the medical practice of a health-care professional, that are necessary or useful in the development, establishment, or operation of a participating health institution; and the acquisition, preparation, and development of all real and personal property necessary or convenient as a site or sites for any such structure or facility.
(b) Health facility or facility does not include the following:
(I) Food, fuel, supplies, or other items that are customarily considered as a
current operating expense or charges;
(II) Property used or to be used primarily for sectarian instruction or study or
as a place for devotional activities or religious worship; or
(III) Property used or to be used primarily in connection with any part of a
program of a school or department of divinity of any religious denomination.
(7) (a) Health institution means a limited liability company controlled
directly or indirectly by one or more nonprofit entities, a private nonprofit hospital, corporation, association, or institution, or a public hospital or institution authorized or permitted by law, whether directly or indirectly through one or more affiliates, to provide, operate, or manage one or more health facilities in this state or outside this state if such entity, or an affiliate of such entity, also operates or manages a health facility within this state.
(b) Health institution also includes a cooperative hospital service
organization, as described in section 501 (e) of the Internal Revenue Code of 1986, as amended, or a similar corporation, whether or not such corporation is exempt from federal income taxation pursuant to said section 501 (e).
(c) (I) Health institution also includes a network of health-care providers,
however organized; an integrated health-care delivery system; a joint venture or partnership between or among health-care providers; a health-care purchasing alliance; health insurers and third-party administrators that are participants in a system, network, joint venture, or partnership that provides health services; an organization whose primary purpose is to provide supporting services to one or more health institutions; or a health-care provider or such other health-care-related organization, or an affiliate of such organization, whose regional or national headquarters are located in this state.
(II) In order to be a health institution, a network, system, joint venture,
partnership, alliance, provider, or organization described in subparagraph (I) of this paragraph (c) shall be a nonprofit entity or controlled by one or more nonprofit entities.
(7.5) Participating health institution means a health institution that
undertakes the financing and construction or acquisition of health facilities or undertakes the refunding or refinancing of outstanding obligations in accordance with this article.
(8) Refinancing of outstanding obligations means liquidation, with the
proceeds of bonds or notes issued by the authority, of any indebtedness of a participating health institution incurred prior to, on, or after July 1, 1977, to finance or aid in financing a lawful purpose of such health institution not financed pursuant to this article which would constitute a facility had it been undertaken and financed by the authority, or consolidation of such indebtedness with indebtedness of the authority incurred for a facility related to the purpose for which the indebtedness of the health institution was initially incurred.
(9) Revenues means, with respect to facilities, the rents, fees, charges,
interest, principal repayments, and other income received or to be received by the authority from any source on account of such facilities.
Source: L. 77: Entire article added, p. 1305, � 1, effective July 1. L. 79: (5),
(6)(a), and (7)(a) amended, p. 1075, � 1, effective May 25. L. 95: (6)(a) and (7)(a) amended, p. 573, � 1, effective July 1. L. 97: (6)(a) and (7)(a) amended, p. 419, � 2, effective August 6. L. 2007: (5) to (7) amended and (7.5) added, p. 411, � 2, effective August 3.
C.R.S. § 25-25-107
25-25-107. General powers of authority. (1) In addition to any other powers granted to the authority by this article, the authority shall have the following powers:
(a) To have perpetual existence and succession as a body politic and
corporate;
(b) To adopt and from time to time amend or repeal bylaws for the regulation
of its affairs and the conduct of its business, consistent with the provisions of this article;
(c) To sue and be sued;
(d) To have and to use a seal and to alter the same at pleasure;
(e) To maintain an office at such place or places as it may designate;
(f) To determine, in accordance with the provisions of this article, the
location and character of any facility to be financed under the provisions of this article; to acquire, construct, reconstruct, renovate, improve, alter, replace, maintain, repair, operate, and lease as lessee or lessor; to enter into contracts for any and all of such purposes and for the management and operation of a facility; and to designate a participating health institution as its agent to determine the location and character of a facility undertaken by such participating health institution under the provisions of this article and, as agent of the authority, to acquire, construct, reconstruct, renovate, replace, alter, improve, maintain, repair, operate, lease as lessee or lessor, and regulate the same, and, as agent of the authority, to enter into contracts for any and all of such purposes including contracts for the management and operation of such facility;
(g) To lease to a participating health institution any or all of the facilities
upon such terms and conditions as the authority shall deem proper; to charge and collect rent therefor and to terminate any such lease upon the failure of the lessee to comply with any of the obligations thereof; and to include in any such lease, if desired, provisions that the lessee thereof shall have options to renew the term of the lease for such period or periods, at such rent, and upon such terms or conditions as shall be determined by the authority or to purchase any or all of the facilities, or provisions that, upon payment of all of the indebtedness incurred by the authority for the financing of such facilities, the authority will convey any or all of the facilities to the lessee or lessees thereof with or without consideration;
(h) To borrow money and to issue bonds, notes, bond anticipation notes, or
other obligations for any of its corporate purposes and to fund or refund the same, all as provided for in this article;
(i) To establish rules and regulations and to designate a participating health
institution as its agent to establish such rules and regulations, for the use of the facilities undertaken or operated by such participating health institution; to employ or contract for consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary in its judgment and to fix their compensation;
(j) To receive and accept from the federal government, the state of Colorado,
or any other public agency loans, grants, or contributions for or in aid of the construction of facilities or any portion thereof, or for equipping the same, and to receive and accept grants, gifts, or other contributions from any source; and to use such funds only for the purposes for which they were loaned, contributed, or granted;
(k) To mortgage or pledge all or any portion of the facilities and the site or
sites thereof, whether then owned or thereafter acquired, for the benefit of the holders of bonds issued to finance such facilities or any portion thereof;
(l) To make mortgage or other secured or unsecured loans to any
participating health institution for the cost of the facilities in accordance with an agreement between the authority and such participating health institution; but no such loan shall exceed the total cost of such facilities as determined by such participating health institution and approved by the authority;
(m) To make mortgage loans or other secured or unsecured loans to a
participating health institution; to refund outstanding obligations, mortgages, or advances issued, made, or given by such institution for the cost of its facilities, including the issuance of bonds and the making of loans to a participating health institution; and to refinance outstanding obligations and indebtedness incurred for facilities undertaken and completed prior to, on, or after July 1, 1977, when the authority makes a finding consistent with section 25-25-115 (1);
(n) To obtain, or aid in obtaining, from any department or agency of the
United States or of this state or any private company, any insurance or guarantee as to, or of, or for the payment or repayment of interest or principal, or both, or any part thereof, on any loan, lease, or obligation or any instrument evidencing or securing the same, made or entered into pursuant to the provisions of this article; and, notwithstanding any other provisions of this article, to enter into any agreement, contract, or any other instrument whatsoever with respect to any such insurance or guarantee, to accept payment in such manner and form as provided therein in the event of default by a participating health institution, and to assign any such insurance or guarantee as security for the authority's bonds;
(o) To do all things necessary and convenient to carry out the purposes of
this article;
(p) To charge to and equitably apportion among participating health
institutions its administrative costs and expenses incurred in the exercise of the powers granted and duties conferred by this article;
(q) To make and execute contracts and all other instruments necessary or
convenient for the exercise of its powers and functions under this article;
(r) To assist, coordinate, and participate with other issuers of tax-exempt
bonds and public officials in other states in connection with financing on behalf of a multistate health institution;
(s) In connection with financing on behalf of a multistate health institution:
(I) To determine or agree upon who will be assisting, coordinating, or
participating issuers of tax-exempt bonds in other states;
(II) To determine or agree upon what the terms or conditions of the financing
will be with assisting, coordinating, or participating issuers of tax-exempt bonds in other states; and
(III) To charge fees to, apportion fees among, or agree upon fees with
assisting, coordinating, or participating issuers of tax-exempt bonds in other states.
(2) The authority shall not have the power to operate the facilities as a
business other than as a lessee or lessor. Notwithstanding anything contained in this subsection (2) to the contrary, the authority shall have the power to enter into leases which are annually renewable with a public hospital or institution. Any lease of the facilities entered into pursuant to the provisions of this article shall provide for rentals adequate to pay principal and interest on any bonds issued to finance such facilities as the same fall due and to create and maintain such reserves and accounts for depreciation as the authority shall determine to be necessary.
Source: L. 77: Entire article added, p. 1308, � 1, effective July 1. L. 81: (2)
amended, p. 1363, � 1, effective July 1. L. 83: (2) amended, p. 1110, � 2, effective May 25. L. 97: (1)(r) and (1)(s) added, p. 420, � 3, effective August 6. L. 2007: (1)(m) amended, p. 415, � 5, effective August 3.
C.R.S. § 25-3-132
25-3-132. Rural and frontier hospital capital needs study - task force - creation - report - legislative declaration - definitions - repeal. (1) The general assembly finds and declares that:
(a) Many of Colorado's rural and frontier hospitals operate in outdated
facilities, and some facilities have not had any meaningful upgrades for decades;
(b) These hospitals struggle with the increased maintenance costs
necessary to keep facilities operational and are falling behind in being able to provide care that is consistent with current standards; and
(c) An informal study conducted by Colorado Rural Futures, a group of chief
executive officers of Colorado rural and frontier hospitals, identified approximately five hundred million dollars in needed upgrades for facilities of hospitals that were responsive to the informal study, but the capital needs of rural and frontier hospitals throughout the state could require an investment of as much as one billion dollars.
(2) As used in this section, unless the context otherwise requires:
(a) Frontier area means a county in the state that has a population density
of six or fewer individuals per one square mile.
(b) Rural and frontier hospital means a hospital that is licensed as a
general or critical access hospital by the department and that operates in a rural area or a frontier area.
(c) Rural area means an area listed as eligible for rural health funding by
the federal office of rural health policy.
(d) Study means the study required pursuant to this section.
(e) Task force means the rural and frontier hospital capital needs study
task force created in subsection (4)(a) of this section.
(3) Subject to oversight by the task force, the department shall study or
shall contract for a study to evaluate the capital needs of Colorado rural and frontier hospitals. The study must:
(a) Objectively measure the number of studied facilities that are not code
compliant in accordance with the current and relevant edition of the Facility Guidelines Institute Guidelines for Design and Construction of Health Care Facilities;
(b) Identify the age of core facilities and additions that have been made to
such buildings;
(c) Evaluate the estimated project cost, including construction costs and
relevant planning, design, and engineering costs, per square foot to renovate or replace facilities identified as having capital needs;
(d) Make a reasonable estimate of the total cost of capital needs per facility
and the aggregate total cost of capital needs for all facilities identified in the study; and
(e) Review or evaluate any other matters concerning capital needs of rural
and frontier hospitals that are requested by the task force.
(4) (a) (I) There is created the rural and frontier hospital capital needs study
task force for the purposes of developing and approving the parameters of the study and overseeing the study and the report of the results of the study.
(II) In addition to the purpose of the task force set forth in subsection (4)(a)(I)
of this section, the task force may facilitate contracting with a private sector consulting company to assist with data compilation, research, and outreach to rural and frontier hospitals. The task force may establish the frequency that the task force wants the company to report back to the task force.
(b) (I) Subject to subsection (4)(b)(II) of this section, no later than two months
after sufficient funding has been secured in accordance with subsection (6)(a) of this section, members shall be appointed to the task force as follows:
(A) The governor shall appoint three members; and
(B) The president of the senate, the speaker of the house of representatives,
the minority leader of the senate, and the minority leader of the house of representatives shall appoint one member each.
(II) The composition of members appointed to the task force must be as
follows:
(A) Three members who work in rural or frontier hospitals;
(B) One member who works as an architect professional;
(C) One member who works as a construction contractor professional;
(D) One member who represents hospitals; and
(E) One member of the general public who lives in a rural area or frontier
area.
(c) The task force shall hold its first meeting within two months of all
appointments being made to the task force pursuant to subsection (4)(b) of this section and meet at least quarterly after its first meeting until the report required by subsection (5) of this section is completed and may meet more frequently before that date if needed. Meetings of the task force may be in person or online.
(5) Not later than eighteen months after the date that the task force holds
its first meeting, the department shall complete the study and compile the results of the study into a report. The department shall present the report to the house of representatives health and human services committee and the senate health and human services committee, or their successor committees.
(6) (a) It is the intent of the general assembly that the implementation of this
section be funded entirely by gifts, grants, and donations; that gifts, grants, and donations will be received throughout the course of the study; and that, in accordance with section 24-75-1305, no additional general fund money be appropriated for the implementation of this section. The department and the task force may seek, accept, and expend gifts, grants, or donations from private or public sources to implement this section. The department shall not implement this section unless it receives an amount of gifts, grants, and donations that it deems necessary to implement this section.
(b) The study is contingent on money being available to carry out the study.
If money is not available for the task force, the department, or any other entity to carry out its duties required pursuant to this section, the task force, the department, or the entity is not required to carry out the duties. A contract with a third-party entity that will provide services related to the study must be contingent on money being available for that purpose.
(7) This section is repealed, effective July 1, 2027.
Source: L. 2025: Entire section added, (HB 25-1223), ch. 439, p. 2527, � 1,
effective August 6.
C.R.S. § 25-3-304
25-3-304. Trustees - powers and duties - ability to designate hospital as enterprise - definition. (1) (a) A public hospital board of trustees shall make and adopt such bylaws, rules, and regulations for its own guidance and for the government of the hospital as it deems expedient for the economic and equitable conduct thereof, not inconsistent with state law or the ordinances of the city or town in which the public hospital is located.
(b) The public hospital board of trustees has exclusive control of:
(I) The use and expenditure of all money collected to the credit of the
hospital, including the right to invest or have invested money held by the hospital or in the office of the county treasurer and to receive the interest and income therefrom;
(II) The purchase of sites;
(III) The purchase, construction, or enlargement of any hospital building; and
(IV) The supervision, care, and custody of any grounds, rooms, or buildings
that it purchases, constructs, or leases.
(c) Except as described in subsection (1)(d) of this section, a public hospital
board of trustees may acquire by lease real and personal property subject to the approval of the board of county commissioners. All tax money received for hospital purposes must be paid out of the county treasury only upon warrants drawn by the county commissioners upon sworn vouchers approved by the public hospital board of trustees. All other money received for the hospital must be deposited in the treasury of the hospital and paid out only upon order of the public hospital board of trustees. If a public hospital board of trustees acquires and holds hospital property and facilities, including real and personal property, by conveyance on transfer of title, then title to all lands must be in either the name of the county or the public hospital's corporate name for the hospital's use and benefit. County hospitals situated in home rule counties have the additional borrowing authority granted by section 30-35-201 (23)(b).
(d) A public hospital board of trustees that has elected to designate its
public hospital as an enterprise for purposes of section 20 of article X of the state constitution, as described in subsection (3) of this section, is not required to obtain the approval of the board of county commissioners before acquiring real or personal property by lease.
(2) (a) The public hospital board of trustees has the power to hire, retain, and
remove agents and employees, including administrative, nursing, and professional personnel, engineers, architects, and attorneys, and to fix their compensation; has the power to borrow money and incur indebtedness, and to issue bonds and other evidence of such indebtedness; except that no indebtedness shall be created, except as otherwise provided by statute, in excess of the revenue that may reasonably be expected to be available to the hospital for repayment thereof in the fiscal year in which such indebtedness is to be created, and except that no such indebtedness shall be incurred without the approval of the board of county commissioners if the repayment of such indebtedness is dependent on tax money received for hospital purposes from the board of county commissioners; and shall in general carry out the spirit and intent of this part 3 in establishing and maintaining a county public hospital. Any indebtedness incurred by a public hospital board of trustees is an obligation of the public hospital board of trustees and not an obligation of the board of county commissioners that approved the indebtedness.
(b) A board of public hospital trustees shall hold meetings at least once each
month and shall keep a complete record of all its proceedings. Four members of the board constitute a quorum for the transaction of business. During the first week in each January and July, the public hospital board shall file with the board of county commissioners a report of their proceedings with reference to such hospital and a statement of all receipts and expenditures during the half year. On or before each December 1, the board shall certify to the board of county commissioners the amount necessary to maintain and improve said hospital for the ensuing year. A trustee shall not have a personal pecuniary interest, either directly or indirectly, in the purchase of any supplies for said hospital, unless the same are purchased by competitive bidding.
(c) A public hospital board of trustees may offer to the general public
products and services of any health-care organization, association, partnership, or corporation to the extent that the products and services are consistent with the powers and duties of a county public hospital pursuant to this part 3.
(3) (a) The board of public hospital trustees may, in accordance with the
provisions of paragraph (b) of this subsection (3), designate the hospital as an enterprise for purposes of section 20 of article X of the state constitution so long as said board of trustees retains authority to issue revenue bonds and the hospital receives less than ten percent of its total annual revenues in grants. So long as the hospital is designated as an enterprise pursuant to the provisions of this subsection (3), the hospital shall not be subject to any of the provisions of section 20 of article X of the state constitution.
(b) (I) The board of public hospital trustees may, by resolution, designate the
hospital as an enterprise as long as the hospital meets the requirements for an enterprise as stated in paragraph (a) of this subsection (3). Such designation shall be effective beginning with the budget year immediately following the budget year in which such resolution is adopted. Such resolution shall be adopted no sooner than ninety days and no later than thirty days prior to the commencement of the budget year in which such designation becomes effective.
(II) The board of public hospital trustees may, by resolution, revoke the
designation of the hospital as an enterprise. Such revocation shall be effective beginning with the budget year immediately following the budget year in which such resolution is adopted. Such resolution shall be adopted no sooner than ninety days and no later than thirty days prior to the commencement of the budget year in which such revocation becomes effective.
(III) Upon adoption of any resolution pursuant to the provisions of
subparagraph (I) or (II) of this paragraph (b), the board of public hospital trustees shall transmit a copy of the resolution to the division of local government in the department of local affairs and the appropriate board or boards of county commissioners.
(IV) The termination or revocation of the designation of the hospital as an
enterprise shall not affect in any manner the validity of any revenue bonds issued by the board of public hospital trustees of such hospital pursuant to subsection (4) of this section.
(c) (I) For purposes of this subsection (3), grant means any direct cash
subsidy or other direct contribution of money from the state or any local government in Colorado which is not required to be repaid.
(II) Grant does not include:
(A) Any indirect benefit conferred upon a hospital from the state or any local
government in Colorado;
(B) Any revenues resulting from rates, fees, assessments, or other charges
imposed by a hospital for the provision of goods or services by such hospital;
(C) Any federal funds, regardless of whether such federal funds pass
through the state or any local government in Colorado prior to receipt by a hospital.
(4) (a) Subject to the limitations set forth in paragraph (b) of this subsection
(4), the board of public hospital trustees shall have the power to issue revenue bonds, secured by any revenues of the hospital other than property tax revenues. Notwithstanding subsection (2) of this section to the contrary, such revenue bonds may provide for their repayment over a term greater than one fiscal year. The board shall authorize the issuance of revenue bonds by resolution, duly approved by no less than two-thirds of the entire membership of the board. All bonds shall be signed by the president of the board of trustees, countersigned by the secretary of the board of trustees, and shall be numbered and registered in a book kept by the secretary or the secretary-treasurer, as applicable. Each bond shall state upon its face the amount for which such bond is issued, to whom such bond is issued, and the date of its issuance.
(b) Except as otherwise provided in this paragraph (b), the issuance of any
revenue bonds pursuant to the provisions of this subsection (4) shall not become effective for a period of thirty days following the adoption of any resolution authorizing such issuance for the purpose of allowing the board of county commissioners to review such pending bond issue. Such review period shall commence upon the date of receipt by the board of county commissioners of written notice from the board of public hospital trustees of such pending revenue bond issue. During said thirty days, the board of county commissioners may file a written notice with the board of trustees stating that the board of county commissioners has no objection to such pending bond issue. Upon receipt of such notice of no objection, the issuance of such revenue bonds shall become effective. If, within said thirty days, the board of county commissioners does not file with the board of trustees either a written notice of no objection or a written objection, the issuance of such revenue bonds shall become effective. If the board of county commissioners files a written objection, the issuance of such revenue bonds shall be prohibited until such time as the board of county commissioners gives written notice to the board of trustees of withdrawal of the board's objection.
Source: L. 43: p. 277, � 4. CSA: C. 78, � 151(4). CRS 53: � 66-7-4. C.R.S. 1963:
� 66-7-4. L. 73: p. 691, � 2. L. 81: (1) amended, p. 1486, � 2, effective June 8. L. 93: (3) and (4) added, p. 1817, � 1, effective June 6. L. 94: (3)(c)(II)(B) amended, p. 1640, � 59, effective May 31. L. 2019: (1) amended, (HB 19-1065), ch. 90, p. 335, � 2, effective August 2. L. 2023: (1)(c) and (2) amended, (SB 23-068), ch. 54, p. 195, � 3, effective August 7. L. 2025: (2)(b) amended, (HB 25-1085), ch. 78, p. 330, � 3, effective August 6.
Cross references: For the short title (Colorado Frontier Hospitals Act of
2023) in SB 23-068, see section 1 of chapter 54, Session Laws of Colorado 2023.
C.R.S. § 25-7-103
25-7-103. Definitions. As used in this article 7, unless the context otherwise requires:
(1) Administrator means the administrator of the federal environmental
protection agency.
(1.3) Adverse environmental effect, as a term used in the context of
regulating hazardous air pollutants, means any significant and widespread adverse effect, which may reasonably be anticipated, to wildlife, aquatic life, or other natural resources, including adverse impacts on populations of endangered or threatened species or significant degradation of environmental quality over broad areas.
(1.5) Air pollutant means any fume, smoke, particulate matter, vapor, or gas
or any combination thereof which is emitted into or otherwise enters the atmosphere, including, but not limited to, any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter, but air pollutant does not include water vapor or steam condensate or any other emission exempted by the commission consistent with the federal act. Such term includes any precursors to the formation of any air pollutant, to the extent the administrator of the United States environmental protection agency or the commission has identified such precursor or precursors for the particular purpose for which the term air pollutant is used.
(2) Air pollution control authority means the division, or any person or
agency given authority by the division, or a local governmental unit duly authorized with respect to air pollution control.
(3) Air pollution source means any source whatsoever at, from, or by
reason of which there is emitted or discharged into the atmosphere any air pollutant.
(4) Allowable emissions means the emission rate calculated for a
stationary source using the maximum rated capacity of the source (unless the source is subject to enforceable permit conditions which limit the operating rate or hours of operation, or both) and the most stringent of the following:
(a) The applicable standards promulgated pursuant to the federal act for
new source performance or hazardous air pollutants;
(b) The applicable Colorado emission control regulation; or
(c) The emission rate specified as a permit condition.
(5) Ambient air means that portion of the atmosphere, external to the
sources, to which the general public has access.
(5.5) Appliance means any device which contains and uses as a refrigerant
a class I or class II ozone depleting compound as defined by the administrator and which is used for household or commercial purposes, including any air conditioner, refrigerator, chiller, or freezer.
(5.7) Approved motor vehicle refrigerant recycling equipment means any
equipment models certified by the administrator, or any independent standards testing organization approved by such administrator, to meet the standards established by the administrator which are applicable to equipment for the extraction of refrigerants from motor vehicle air conditioners. Equipment for such purpose purchased prior to the promulgation of regulations pursuant to section 25-7-105 (11)(c) shall be considered certified if it is substantially identical to equipment which is certified by the administrator.
(6) Repealed.
(6.5) CFC means any of the chlorofluorocarbon chemicals CFC-11, CFC-12,
CFC-112, CFC-113, CFC-114, CFC-115, or CFC-502.
(6.7) Colorado generally available control technology or Colorado GACT
means standards imposed pursuant to section 25-7-109.3 (3) utilizing principles of sound engineering judgment in applying the criteria set forth in section 112 (d) of the federal act respecting the creation of standards or requirements utilizing generally available control technologies or management practices by area sources for the reduction of emissions of hazardous air pollutants considering a cost-benefit analysis, economics, the cost and availability of control technology, and the location, nature, and size of the source involved, and the actual or potential impacts on the public health, welfare, and the environment.
(6.8) Colorado maximum achievable control technology or Colorado
MACT means standards imposed pursuant to section 25-7-109.3 (3) utilizing principles of sound engineering judgment in applying the criteria set forth in section 112 (d) of the federal act respecting the creation of standards or requirements which provide for the maximum degree of emissions reduction that has been demonstrated to be achievable for the control of hazardous air pollutants, considering a cost-benefit analysis, economics, the cost and availability of control technology, and the location, nature, and size of the source involved, and the actual or potential impacts on the public health, welfare, and the environment.
(7) Commission means the air quality control commission created by
section 25-7-104.
(8) Construction means fabrication, erection, installation, or modification of
an air pollution source.
(8.5) Disproportionately impacted community has the meaning set forth in
section 24-4-109 (2)(b)(II).
(9) Division means the division of administration of the department of
public health and environment.
(9.5) Effects on public welfare means all language referring to effects on
public welfare, which includes, but is not limited to, effects on soils, water, crops, vegetation, manmade materials, animals, wildlife, weather, visibility, climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values and on personal comfort and well-being, whether caused by transformation, conversion, or combination with other air pollutants.
(9.7) Emergency event means a situation arising from a sudden and
reasonably unforeseen natural disaster or other unforeseen event, including the loss of utility service, that requires the use of emergency stationary engines to alleviate a threat to health, safety, and welfare pursuant to 40 CFR 60 or 63, as in effect on January 1, 2022. A threat to health, safety, and welfare includes national security threats.
(9.8) Emergency stationary engine means an engine that is not mobile and
that is used to provide electric power to or mechanical work for critical infrastructure during an emergency event.
(10) Emission means the discharge or release into the atmosphere of one or
more air pollutants.
(11) Emission control regulation means and includes any standard
promulgated by regulation that is applicable to all air pollution sources within a specified area and that prohibits or establishes permissible limits for specific types of emissions in such area; any regulation that by its terms is applicable to a specified type of facility, process, or activity for the purpose of controlling the extent, degree, or nature of pollution emitted from such type of facility, process, or activity; any regulation adopted for the purpose of preventing or minimizing emission of any air pollutant in potentially dangerous quantities; and any regulation that adopts any design, equipment, work practice, or operational standard. Emission control regulations shall not include standards that describe maximum ambient air concentrations of specifically identified pollutants or that describe varying degrees of pollution of ambient air. Emission control regulations pertaining to hazardous air pollutants, as defined in subsection (13) of this section, and toxic air contaminants designated pursuant to section 25-7-109.5, shall be consistent with the emission standards promulgated under section 112 of the federal act or section 25-7-109.3 or 25-7-109.5 in reducing or preventing emissions and may include application of measures, processes, methods, systems, or techniques, including, but not limited to, measures that:
(a) Reduce the volume of, or eliminate emissions of, such pollutants through
process changes, emissions limitations, control technologies, substitution of materials, or other modifications;
(b) Enclose systems or processes to eliminate emissions;
(c) Collect, capture, or treat such pollutants when released from a process,
stack, storage, or fugitive emissions point;
(d) Are design, equipment, or work practice standards (including
requirements for operator training or certification); or
(e) Are a combination of the provisions of paragraphs (a) to (d) of this
subsection (11).
(11.5) Emission data means, with reference to any source of emission of any
substance into the air:
(a) Information necessary to determine the identity, amount, frequency,
concentration, or other characteristics (to the extent related to air quality) of any emission which has been, or will be, emitted by the source (or of any pollutant resulting from any emission by the source), or any combination thereof;
(b) Information necessary to determine the identity, amount, frequency,
concentration, or other characteristics (to the extent related to air quality) of the emission which, under an applicable standard or limitation, the source was authorized to emit (including, to the extent necessary for such purposes, a description of the manner or rate of operation of the source), or any combination thereof;
(c) A general description of the location or nature, or both, of the source to
the extent necessary to identify the source and to distinguish it from other sources (including, to the extent necessary for such purposes, a description of the device, installation, or operation constituting the source).
(12) Federal act means the federal Clean Air Act, 42 U.S.C. sec. 7401 et
seq., as amended.
(12.1) Generally available control technology or GACT means standards
promulgated pursuant to section 112 of the federal act which provide for the use of generally available control technologies or management practices for the control of hazardous air pollutants for area sources, as defined in section 112 of the federal act, including equivalent emission limitations by permit pursuant to section 112 (j) of the federal act.
(13) Hazardous air pollutant means an air pollutant which presents through
inhalation or other routes of exposure, a threat of adverse human health effects (including, but not limited to, substances which are known to be, or may reasonably be anticipated to be carcinogenic, mutagenic, teratogenic, neurotoxic, which cause reproductive dysfunction, or which are acutely or chronically toxic) or adverse environmental effects whether through ambient concentrations, bioaccumulation, deposition, or otherwise and which has been listed pursuant to section 112 of the federal act or section 25-7-109.3.
(14) Indirect air pollution source means any facility, building, structure, or
installation, or any combination thereof, excluding dwellings, which can reasonably be expected to cause or induce substantial mobile source activity which results in emissions of air pollutants which might reasonably be expected to interfere with the attainment and maintenance of national ambient air standards.
(15) Issue or issuance means the mailing, including by electronic mail, of
any order, permit, determination, or notice, other than notice by publication, or personal service on the person. The date of issuance of the order, permit, determination, or notice must be the date of the mailing or service or such later date as is stated in the order, permit, determination, or notice.
(16) Local air pollution law means any law, ordinance, resolution, code, rule,
or regulation adopted by the governing body of any city, town, county, or city and county, pertaining to the prevention, control, and abatement of air pollution.
(16.5) Maximum achievable control technology or MACT means emission
standards promulgated under section 112 of the federal act requiring the maximum degree of emissions reduction that has been demonstrated to be achievable for the control of hazardous air pollutants, including equivalent emission limitations by permit pursuant to section 112 (j) of the federal act.
(17) Malfunction means any sudden and unavoidable failure of air pollution
control equipment or process equipment or unintended failure of a process to operate in a normal or usual manner. Failures that are primarily caused by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown shall not be considered malfunctions.
(18) Motor vehicle means any self-propelled vehicle which is designed
primarily for travel on the public highways and which is generally and commonly used to transport persons and property over the public highways.
(18.3) Motor vehicle air conditioner means any air conditioner designed for
installation in a motor vehicle which uses as a refrigerant any class I or class II ozone depleting compound as defined by the administrator.
(18.4) Owner or operator means any person who owns, leases, operates,
controls, or supervises a stationary source.
(18.5) Ozone depleting compound means any substance on the list of class
I and class II ozone depleting compounds as defined by the administrator and as referenced in section 602 of the federal Clean Air Act Amendments of 1990.
(19) Person means any individual, public or private corporation, partnership,
association, firm, trust, estate, the United States or the state or any department, institution, or agency thereof, any municipal corporation, county, city and county, or other political subdivision of the state, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
(19.5) Refrigeration system includes refrigerators, freezers, cold storage
warehouse refrigeration systems, and air conditioners, any of which hold more than one hundred pounds of refrigerant or more than one hundred pounds total if more than one refrigeration unit or system exists at the same location.
(20) Shutdown means the cessation of operation of any air pollution source
for any purpose.
(21) Start-up means the setting in operation of any air pollution source for
any purpose.
(22) State implementation plan or SIP means a plan required by and
described in section 110 (a) or 169A of the federal act.
(22.5) Statewide greenhouse gas pollution means the total net statewide
anthropogenic emissions of carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride, and sulfur hexafluoride, expressed as carbon dioxide equivalent calculated using a methodology and data on radiative forcing and atmospheric persistence deemed appropriate by the commission.
(23) Stationary source means any building, structure, facility, or
installation which emits or may emit any air pollutant.
Source: L. 79: Entire article R&RE, p. 1018, � 1, effective June 20. L. 84: (6)
repealed, p. 768, � 1, effective July 1. L. 89: (6.5) and (19.5) added, p. 1156, � 2, effective January 1, 1990. L. 92: (1), (11), (12), (13), and (19) amended and (1.3), (1.5), (6.7), (6.8), (9.5), (11.5), (12.1), (16.5), and (18.4) added, p. 1166, � 5, effective July 1; (1) amended and (1.5), (5.5), (5.7), (18.3), and (18.5) added, p. 1291, � 1, effective July 1. L. 94: (9) amended, p. 2780, � 494, effective July 1. L. 2006: IP added, p. 1504, � 46, effective June 1. L. 2016: (18.5) amended, (SB 16-189), ch. 210, p. 770, � 62, effective June 6. L. 2019: IP amended and (22.5) added, (HB 19-1261), ch. 355, p. 3264, � 2, effective May 30. L. 2021: (8.5) added, (HB 21-1266), ch. 411, p. 2730, � 5, effective July 2. L. 2022: (9.7) and (9.8) added, (HB 22-1372), ch. 316, p. 2251, � 1, effective June 2; IP(11) and (11)(a) amended, (HB 22-1244), ch. 332, p. 2331, � 2, effective June 2; (12), (15), and (22) amended, (SB 22-193), ch. 300, p. 2156, � 4, effective June 2.
Editor's note: (1) Amendments to subsection (1.5) by Senate Bill 92-105 and
House Bill 92-1178 were harmonized.
(2) Subsection (18.4) was enacted as subsection (18.3) by Senate Bill 92-105,
Session Laws of Colorado 1992, chapter 179, section 5, but has been renumbered on revision for ease of location.
Cross references: (1) For the legislative declaration contained in the 1994
act amending subsection (9), see section 1 of chapter 345, Session Laws of Colorado 1994.
(2) For section 602 of the federal Clean Air Act Amendments of 1990, see
42 U.S.C. � 7671a.
(3) For the short title (Environmental Justice Act) and the legislative
declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.
(4) For the legislative declaration in HB 22-1244, see section 1 of chapter
332, Session Laws of Colorado 2022.
C.R.S. § 25-7-103.5
25-7-103.5. Air quality enterprise - legislative declaration - fund - definitions - gifts, grants, or donations - rules - report - repeal. (1) Legislative declaration. The general assembly hereby finds and declares that:
(a) Colorado faces numerous serious air quality challenges, which are having
substantial adverse health and environmental impacts and impose additional burdens on Colorado's economy;
(b) The state of Colorado and stationary sources share the need for science-based air quality objectives that will require reductions in emissions of ozone
precursors, greenhouse gases, and other pollutants;
(c) Colorado residents and stationary sources will benefit from effective
ozone control strategies that are informed by the best available science to avoid reclassification of areas in attainment to nonattainment status or reclassification from serious to a more stringent category of nonattainment that will impose additional regulatory requirements;
(d) Enhanced monitoring techniques, capacity, and technology will provide
better environmental results at a lower long-term cost;
(e) Air quality monitoring conducted by an enterprise in areas with a high
concentration of air pollution sources will provide trusted data on the overall impact of these air pollution sources on nearby residents, while providing a cost-effective method to monitor the emissions they produce;
(f) Effective engagement with local communities often requires trusted
third-party data and verification regarding emissions and environmental performance;
(g) Improved monitoring of emissions, better accuracy of emission
inventories, and access to trusted science will ensure a level competitive playing field for Colorado businesses;
(h) Stationary sources in Colorado may seek air quality enterprise mitigation
and monitoring services to implement their obligations under rules and permits and environmental, social, and governance objectives;
(i) Emission mitigation and monitoring programs can be more effective with
economies of scale and when conducted on a statewide or regional basis through an enterprise;
(j) The air quality enterprise provides business services when, in exchange
for payment of fees, it provides:
(I) High-quality, independent, and trusted research and science regarding
emissions rates and inventories, monitoring and control technologies, and health effects and emissions impacts;
(II) High-quality, independent, and trusted data regarding pollutant
emissions from stationary sources and concentrations to reduce waste of valuable products and resource streams, enhance cost-effective regulatory compliance, and support corporate environmental, social, and governance objectives;
(III) Tools, data, and research for more effective community engagement on
air pollution issues;
(IV) Opportunities for trusted and cost-effective mitigation project
development; and
(V) Additional business services to fee payers as may be provided by law;
(k) It is necessary, appropriate, and in the best interest of the state to
acknowledge that, by providing the business services specified in this section, the enterprise engages in an activity conducted in the pursuit of a benefit, gain, or livelihood and therefore operates as a business;
(l) Consistent with the determination of the Colorado supreme court in
Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, it is the conclusion of the general assembly that the revenues collected by the enterprise are fees, not taxes, because the enterprise fees are:
(I) Imposed for the specific purpose of allowing the enterprise to defray the
costs of providing the business services specified in this section to fee payers; and
(II) Collected at rates that are reasonably calculated based on the benefits
received by those entities and the costs of the services the enterprise provides; and
(m) So long as the enterprise qualifies as an enterprise for purposes of
section 20 of article X of the state constitution, the revenue collected by the enterprise under subsection (4) of this section is not state fiscal year spending, as defined in section 24-77-102 (17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does not count against either the state fiscal year spending limit imposed by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b).
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) Board means the board of directors of the enterprise.
(b) Department means the department of public health and environment.
(c) Enterprise means the air quality enterprise created in subsection (3) of
this section.
(d) Enterprise fee or fee means money collected through fees authorized
by subsection (4) of this section.
(e) Executive director means the executive director of the department.
(f) Fund means the air quality enterprise cash fund created in subsection
(4) of this section.
(g) Greenhouse gas has the meaning established in section 25-7-140 (6).
(3) Enterprise. (a) There is hereby created in the department the air quality
enterprise. The enterprise is and operates as a government-owned business within the department for the purpose of conducting the business activities specified in this section. The enterprise is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.
(b) The enterprise constitutes an enterprise for purposes of section 20 of
article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total revenues in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (3)(b), the enterprise is not subject to section 20 of article X of the state constitution.
(c) In addition to any other powers and duties specified in this section, the
enterprise's powers and duties are to:
(I) Conduct science-based, unbiased air quality modeling, monitoring,
assessment, data analysis, and research, which may include obtaining, analyzing, and reporting permitting and enforcement data; data regarding potential health risks from emissions; emission data; ambient air quality, visibility, and meteorological sampling data; and similar data. The board shall prioritize these activities based on a research project's ability to provide information that will: Support tangible progress toward aiding fee payers' obligations and commitments to reducing air pollutants emitted by the fee payers; support fee payers in attaining standards and health-based or environmental guidelines; and assess public health that may be affected by fee payer emissions. The board shall ensure that all research conducted by the enterprise and its contractors is impartial, transparent, and meets high standards for scientific rigor. The board shall consult with fee payers, atmospheric science and public health experts, engineers with air quality expertise, and community stakeholders on formulating research priorities and shall specifically prioritize:
(A) Enhanced monitoring projects, including the placement of permanent
monitoring stations using gas chromatography or proven, state-of-the-art technology to measure, in real time or nearly so, nitrogen oxides, volatile organic compounds, ozone, methane, and particulates at key locations upwind, downwind, and within high-emission regions;
(B) Regular aerial surveys and observations to assist leak detection and
repair activities, improve the accuracy of emission inventories, and create a better understanding of regional emission profiles; and
(C) Assessing local exposures to and the public health risk impacts of nearby
air toxics sources;
(II) Establish the enterprise fees specified in subsection (4) of this section by
rule and collect the fees;
(III) Allocate enterprise revenues to the services described in this section and
contract for any necessary services from state agencies or other parties, including universities, private entities, and federal laboratories;
(IV) Issue revenue bonds payable from the revenues of the enterprise to
implement its powers and duties;
(V) Receive fees or other payments, including those negotiated to conduct
emission mitigation projects and custom monitoring or technology development or evaluation projects;
(VI) Engage the services of contractors, consultants, and legal counsel,
including institutions of higher education, public research laboratories, private research institutions and consultants with expertise in air quality, the department, and the attorney general's office, for professional and technical assistance, advice, and other goods and services, including information technology, related to the conduct of the affairs of the enterprise without regard to the Procurement Code, articles 101 to 112 of title 24. The board shall encourage diversity in applicants for contracts and shall generally avoid using single-source bids. The department may provide office space, administrative services, and staff pursuant to a contract entered into pursuant to this subsection (3)(c)(VI). The board may, in consultation with the executive director or the executive director's designee, hire such other staff as it deems necessary to provide its business services.
(VII) Promote the development of unbiased, high quality science and not
advocate for or develop air quality policy. Consistent with this, the board shall not participate as a party in any air-quality-related rule-making proceedings or have any role in the implementation of Colorado's air quality laws.
(VIII) Receive payments to finance specific projects, including community-based monitoring or emission mitigation projects in the state or in a specified area
of the state, as directed by this article 7 or any program that the commission establishes by rule pursuant to this article 7.
(d) (I) The enterprise is governed by a board of directors. The board consists
of:
(A) The executive director or the executive director's designee;
(B) The following members appointed by the governor: Two members of the
commission; two representatives of fee payers with expertise in field engineering or environmental management; one member with significant private sector experience in the field of business management; and four members who are highly qualified and professionally active or engaged in the conduct of scientific research, including at least two who are experts in atmospheric or air quality modeling, monitoring, assessment, and research and one member who is a toxicologist, epidemiologist, pathologist, pulmonologist, cardiologist, or expert in a similar field related to the public health or environmental effects of air pollutants.
(II) To the extent practicable, at least two of the governor appointees must
be individuals who have a record of peer-reviewed publications and who are affiliated with, currently hold, or have held academic or equivalent appointments at universities, federal laboratories, or other research institutions.
(e) The executive director or the executive director's designee, in the
capacity of a member of the board, shall call the first meeting of the board. The board shall elect a chair from among its members to serve for a term not to exceed two years, as determined by the board. The board shall meet at least quarterly, and the chair may call additional meetings as necessary for the board to complete its duties. The appointed members of the board are entitled to receive from money in the fund a per diem allowance of fifty dollars for each day spent attending official board meetings.
(f) The term of office of appointed board members is three years.
(g) The board shall conduct the enterprise's business as required by state
law, including the open meeting requirements of part 4 of article 6 of title 24 and the open record requirements of article 72 of title 24.
(4) Fund - enterprise fees and other revenue. (a) There is hereby created in
the state treasury the air quality enterprise cash fund. The fund consists of money credited to the fund pursuant to this subsection (4), payments for other purposes as authorized under subsection (3)(c)(VIII) of this section, and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(b) The board shall establish by rule enterprise fees, which may include the
following enterprise fees in an amount that, in the aggregate, reflects the value of the services provided:
(I) A fee per ton of air pollutant emitted by a stationary source annually,
which fee may vary based on the air pollutant relative to the extent of research or mitigation needs associated with the pollutant;
(II) A fee for custom or additional air quality modeling, monitoring,
assessment, or research services; and
(III) A fee for emission mitigation project services sought by fee payers.
(c) Money in the fund is continuously appropriated to the enterprise to
accomplish the purposes set forth in subsection (3)(c) of this section, including to:
(I) Conduct and broadly disseminate air quality modeling, monitoring,
assessment, data analysis, health risk assessment, and research related to stationary sources that:
(A) Follow or advance best practices for risk assessment, risk management,
monitoring, modeling, and assessment;
(B) Use consistent, data-driven, and transparent processes for scoping and
prioritizing activities; and
(C) Use the best available scientific information;
(II) Provide high-quality, independent, and trusted research and development
services regarding stationary source emissions rates and inventories, monitoring and control technologies, and public health risk impacts from those emissions;
(III) Provide high-quality, independent, and trusted data regarding pollutant
emissions from stationary sources and concentrations to reduce waste of valuable products and resource streams, enhance cost-effective regulatory compliance, and support corporate environmental, social, and governance objectives;
(IV) Provide trusted and cost-effective mitigation project services to meet
corporate sustainability, settlement, and other objectives;
(V) Provide additional business services to fee payers as may be provided by
law; and
(VI) Provide its data to fee payers, the division, and the commission to
facilitate the fee payers' emissions mitigation and compliance efforts and the division's and commission's enforcement and administration of this article 7.
(d) The enterprise shall dedicate a meaningful portion of its annual revenues
toward competitive grants to conduct highly qualified, peer-reviewed research related to research priorities identified by the board. Before finalizing a draft research product, the board shall post the draft on the board's website and allow a period of time for public comment on the draft. The board shall publish the research products and make them and all data collected pursuant to enterprise-funded research publicly available.
(e) Before establishing fees, the board shall conduct a stakeholder process
to solicit input from potential fee payers and other stakeholders on the appropriate fee structure. The enterprise shall not collect any fees before July 1, 2021. The amount of enterprise fees collected under subsection (4)(b)(I) of this section is limited as follows:
(I) For state fiscal year 2021-22, fees must not exceed one million dollars;
(II) For state fiscal year 2022-23, fees must not exceed three million dollars;
(III) For state fiscal year 2023-24, fees must not exceed four million dollars;
and
(IV) (A) For state fiscal years commencing on or after July 1, 2024, fees must
not exceed five million dollars.
(B) Subsections (4)(e)(I) to (4)(e)(III) of this section and this subsection
(4)(e)(IV)(B) are repealed, effective September 1, 2026.
(f) The board may seek, accept, and expend gifts, grants, or donations from
private or public sources for the purposes of this section.
(5) Report. Notwithstanding section 24-1-136 (11)(a)(I), the board shall
provide a report to the committees of reference of the general assembly with jurisdiction over public health and the environment by December 1 of each year. The report must include summaries of the board's prioritization of research needs; modeling, monitoring, assessment, and research accomplished by the enterprise; the enterprise's completed, ongoing, and planned emission mitigation services; use of the fund; enterprise fees; and the value of business services provided to fee payers through the operation of the enterprise.
(6) Repeal. (a) This section is repealed, effective September 1, 2034. Before
the repeal, the enterprise is scheduled for review in accordance with section 24-34-104.
(b) On September 1, 2034, the state treasurer shall transfer all unallocated
money in the fund to the stationary sources control fund created in section 25-7-114.7 (2)(b)(I).
Source: L. 2020: Entire section added, (SB 20-204), ch. 192, p. 884, � 2,
effective July 1. L. 2022: (3)(d) and (3)(f) amended, (SB 22-013), ch. 2, p. 59, � 76, effective February 25; (1)(m), (4)(a), and IP(4)(e) amended and (3)(c)(VIII) added, (SB 22-193), ch. 300, p. 2156, � 5, effective June 2; (3)(a) amended, (SB 22-162), ch. 469, p. 3368, � 48, effective August 10.
Cross references: For the short title (Clean Up Colorado's Air Act) in SB 20-204, see section 1 of chapter 192, Session Laws of Colorado 2020. For the short title
(the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 25-7-111
25-7-111. Administration of air quality control programs - directive - prescribed fire - review. (1) The division shall administer and enforce the air quality control programs adopted by the commission. In furtherance of such responsibility of the division, the executive director of the department of public health and environment shall establish within the division a separate air quality control agency, the head of which shall be a licensed professional engineer or shall have a graduate degree in engineering or other specialty dealing with the problems of air quality control. Such person shall also have appropriate practical and administrative experience related to air quality control. Such person shall not be the technical secretary employed pursuant to section 25-7-105 (3). Any potential conflict of interest of such person shall be adequately disclosed prior to appointment and as may from time to time arise.
(2) In addition to authority specified elsewhere in this article, the division has
the power to:
(a) Conduct or cause to be conducted studies and research with respect to
air pollution and the control, abatement, or prevention thereof, as requested by the commission;
(b) Collect data, by means of field studies and air monitoring conducted by
the division or by individual stationary sources or individual indirect air pollution sources, and determine the nature and quality of existing ambient air throughout the state;
(c) Enter and inspect any property, premises, or place for the purpose of
investigating any actual, suspected, or potential source of air pollution or ascertaining compliance or noncompliance with any requirement of this article or any order or permit, or term or condition thereof, issued or promulgated pursuant to this article; and the division may, at reasonable times, have access to and copy any record, inspect any monitoring equipment or method, or sample any emissions required pursuant to section 25-7-106 (6) or part 5 of this article; except that, if such entry or inspection is denied or not consented to and no emergency exists, the division is empowered to and shall obtain from the district or county court for the district or county in which such property, premises, or place is located a warrant to enter and inspect any such property, premises, or place prior to entry and inspection. The district and county courts of this state are empowered to issue such warrants upon a proper showing of the need for such entry and inspection. Any information relating to secret processes or methods of manufacture or production obtained in the course of the inspection or investigation shall be kept confidential; except that emission data shall not be withheld from the division as confidential. A duplicate of any analytical report or observation of an air pollutant by the division shall be furnished promptly to the person who is suspected of causing such air pollution.
(d) Furnish technical advice and services relating to air pollution problems
and control techniques;
(e) Inform the appropriate governmental agency of the results of
atmospheric tests conducted in its jurisdiction and notify the affected city, town, county, or city and county whenever tests establish that the ambient air or source of emission of smoke or air pollution fails to meet the standards established under this article;
(f) Designate one or more persons or agencies in any area of the state as an
air pollution control authority as agent of the division to exercise and perform such powers and duties of the division as may be specified in such designation;
(g) Furnish such personnel to the commission as the commission may
reasonably require to carry out its duties and responsibilities under this article;
(h) Certify, or otherwise designate, to any other agency or department of this
state or of any other state or of the federal government that any facility, land, building, machinery, or equipment, or any part thereof, has been constructed, erected, installed, or acquired in conformity with the requirements of this state or of this article for control of air pollution or in conformity with the requirements for control of air pollution of any other state or the federal government;
(i) Require any source to furnish information which the division may
reasonably require relating to emissions of the source or to any investigation authorized by this article. If such request for information is refused, the division is empowered to and may obtain from the district or county court for the district or county in which the source is located a subpoena to compel production of such information.
(3) Repealed.
(4) The division shall assure that any information obtained by the division
which is entitled to protection as a trade secret under federal or Colorado law is kept confidential and protected against disclosure, except as required by the federal act.
(5) Repealed.
Source: L. 79: Entire article R&RE, p. 1027, � 1, effective June 20. L. 84: (2)(c)
and (2)(g) amended, p. 769, � 5, effective July 1. L. 87: (2)(c) amended, p. 1152, � 4, effective July 1. L. 92: (2)(c) amended and (2)(i), (3), and (4) added, pp. 1197, 1293, 1198, �� 14, 3, 15, effective July 1. L. 94: (1) amended, p. 2783, � 500, effective July 1. L. 96: (3) repealed, p. 1258, � 153, effective August 7. L. 2004: (1) amended, p. 1311, � 58, effective May 28. L. 2009: (5) added, (HB 09-1199), ch. 411, p. 2278, � 4, effective June 3. L. 2019: (1) amended, (SB 19-083), ch. 13, p. 54, � 2, effective August 2.
Editor's note: Subsection (5)(d) provided for the repeal of subsection (5),
effective July 1, 2011. (See L. 2009, p. 2278.)
Cross references: For the legislative declaration contained in the 1994 act
amending subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 1996 act repealing subsection (3), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration in SB 19-083, see section 1 of chapter 13, Session Laws of Colorado 2019.
C.R.S. § 25-7-142
25-7-142. Energy benchmarking - data collection and access - utility requirements - task force - rules - reports - exemptions - definitions - legislative declaration. (1) Legislative declaration. The general assembly finds, determines, and declares that the regulation of building performance is a matter of statewide concern because:
(a) As of 2020, buildings represented a significant source of greenhouse gas
pollution in the state of Colorado;
(b) Energy consumption and greenhouse gas emissions associated with a
building produce impacts far beyond its walls and the boundaries of the local government within which the building is located, including costs to utility ratepayers for increased energy production, community health costs associated with air pollution, and broader societal costs of anthropogenic climate change;
(c) Many building owners have made proactive efforts to reduce the energy
use and greenhouse gas emissions of their buildings, yet more remains to be done to help the state meet its greenhouse gas reduction goals;
(d) Building tenants that pay energy bills often lack the ability to implement
building upgrades that could improve performance, reduce emissions, and reduce those costs;
(e) The commission has both the statutory authority and obligation to require
a reduction of greenhouse gas emissions in the state in every sector including buildings;
(f) (I) Benchmarking and building performance standards will support job
growth in Colorado. According to the United States Climate Alliance, before January 1, 2020, the fastest growing clean energy industries in Colorado included:
(A) Traditional heating, ventilation, and air conditioning, totaling ten
thousand four hundred thirty-eight jobs; and
(B) Energy Star and efficient lighting, totaling eleven thousand one hundred
fifty-six jobs.
(II) Additionally, analysis conducted by Advanced Energy Economy identified
more than sixty thousand advanced energy jobs in Colorado, with more than fifty percent of those jobs in energy efficiency.
(g) The state of Colorado provides many low- and no-cost options for
Colorado property owners to finance building performance improvements, including:
(I) Property-assessed clean energy financing that the Colorado new energy
improvement district created in section 32-20-104 provides, whereby qualifying energy efficiency and renewable energy improvements are paid back via an assessment on annual property taxes; and
(II) Performance contracting, whereby improvements are paid for by
contractually guaranteed savings from efficiency upgrades;
(h) Many public utilities in the state also provide technical assistance and
financial incentives to help property owners implement building performance improvements; and
(i) It is in the interest of the state to:
(I) Establish a program to help Colorado citizens understand and track
energy use and greenhouse gas emissions from large buildings; and
(II) Develop performance standards necessary to meet state greenhouse-gas-emission-reduction goals.
(1.5) The general assembly further finds and declares that:
(a) Energy consumption by Colorado's built environment, including large
commercial and residential properties, is a significant contributor to statewide greenhouse gas pollution;
(b) Reducing the greenhouse gas emissions arising from energy
consumption by the built environment is necessary to achieve the 2050 net-zero greenhouse gas emission reduction goal set forth in section 25-7-102 (2)(g);
(c) The commission satisfied the objectives set forth in subsections (8)(a)(II)
and (8)(c)(II) of this section by adopting benchmarking and performance standard rules in August 2023; and
(d) In implementing the requirements of this section and the commission's
rules adopted pursuant to this section, the division should, consistent with section 25-7-122 (2), consider an owner's effort to comply with building performance standards when implementing enforcement and assessing penalties pursuant to section 25-7-122 and this section.
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) Aggregated data means electric or gas meter data from which any
unique identifier or other personal information has been removed and that a qualifying utility collects and aggregates in at least monthly intervals for an entire covered building.
(b) Aggregation threshold means, for each qualifying utility, the minimum
number of customer accounts associated with a covered building for which the qualifying utility may provide the owner of the covered building with aggregated data upon request without requiring each customer's consent to have the customer's energy-use data accessed or shared.
(b.5) (I) Agricultural building means a building or structure used to house
agricultural implements, hay, unprocessed grain, poultry, livestock, or other agricultural products or inputs primarily for the purpose of maintaining or operating an agricultural process.
(II) Agricultural implements include agricultural equipment as described in
section 39-3-122.
(III) Agricultural implements do not include implements that are primarily for
rent or sale.
(c) Benchmark means to input benchmarking data into a benchmarking
tool to measure and assess the energy performance and greenhouse gas pollution for a covered building for the reporting year.
(d) Except as the commission may modify by rule pursuant to subsection (7)
of this section, benchmarking data means the information related to a covered building that is input into or calculated by a benchmarking tool and includes, at a minimum:
(I) A physical description of the covered building and descriptions of its
operational characteristics, including:
(A) The name of the covered building, if any;
(B) The address of the covered building;
(C) The primary uses of the covered building;
(D) The covered building's gross floor area; and
(E) The years in which the covered building has been certified by Energy Star
and the most recent date of certification, if applicable; and
(II) Data generated by the benchmarking tool, including:
(A) The Energy Star score, if available;
(B) Monthly energy use by fuel type;
(C) Site and source energy-use intensity;
(D) Weather-normalized site and source energy-use intensity;
(E) Confirmation that data quality has been checked;
(F) Annual maximum electricity demand, in kilowatts;
(G) If available for reporting through the benchmarking tool, monthly peak
electricity demand; and
(H) Greenhouse gas emissions, including total, indirect, and direct emissions.
(e) Except as the commission may modify by rule pursuant to subsection (7)
of this section, benchmarking tool means the Energy Star Portfolio Manager® or a successor online resource used to track and assess the performance of certain properties relative to similar properties.
(f) Biomedical research laboratory means a scientific laboratory used to
conduct research relating to both biology and medicine.
(g) (I) Campus means a collection of two or more buildings that are owned
and operated by the same person and that have a shared purpose and function as a single property.
(II) Campus includes two or more of the buildings that comprise the capitol
complex.
(h) Colorado energy office or office means the Colorado energy office
created in section 24-38.5-101.
(i) Correctional facility means:
(I) A correctional facility, as defined in section 17-1-102 (1.7);
(II) A private contract prison, as defined in section 17-1-102 (7.3);
(III) A local jail, as defined in section 17-1-102 (7);
(IV) A municipal jail, as authorized in section 31-15-401 (1)(j); and
(V) A juvenile detention facility governed by part 15 of article 2.5 of title 19.
(j) (I) Except as the commission may modify by rule pursuant to subsection
(7) of this section, covered building means a building comprising a gross floor area of fifty thousand square feet or more that is occupied by a single occupant or group of tenants.
(II) Covered building does not include:
(A) A storage facility, stand-alone parking garage, or airplane hangar that
lacks heating and cooling;
(B) A building in which more than half of the gross floor area is used for
manufacturing or industrial purposes;
(C) A single-family home, duplex, or triplex; or
(D) An agricultural building.
(k) Energy Star means the federal program authorized by 42 U.S.C. sec.
6294a, as amended, to help customers, businesses, and industry save money and protect the environment through the adoption of energy-efficient products and practices.
(l) Energy Star score means the one-to-one-hundred numeric rating
generated by the Energy Star Portfolio Manager® as a measurement of a building's energy efficiency.
(m) Energy-use intensity means a building's energy use, expressed as total
site energy use per square foot per year.
(n) Financial hardship means that a property is experiencing at least one of
the following conditions:
(I) The property has been included on a city's, county's, or city and county's
annual tax lien sale list within the previous two years;
(II) The property is an asset subject to a court-appointed receiver that
controls the asset due to financial stress;
(III) The property is owned by a financial institution as a result of a default by
a borrower;
(IV) The property has been acquired by a deed in lieu of foreclosure;
(V) The property is the subject of a senior mortgage subject to a notice of
default; or
(VI) Due to the governor declaring a disaster emergency pursuant to section
24-33.5-704 (4), the property, in at least two of the previous five years, generated annual rental income or revenue that totals sixty percent or less of the five-year average immediately preceding the disaster emergency declaration.
(o) Greenhouse gas has the meaning set forth in section 25-7-140 (6).
(p) Gross floor area means the total building area, as measured from the
outside surface of each exterior wall of the building, including above-grade and below-grade space.
(q) Local government means a statutory or home rule municipality, county,
or city and county.
(q.5) Operator means an owner, tenant, or other individual or entity:
(I) Occupying or named on the utility bill for a covered building; and
(II) That has access to utility data for the covered building.
(r) Owner means a person possessing title to a property or the person's
designated agent.
(s) Performance standards means standards that the commission
establishes by rule pursuant to subsection (8)(c) or (8.5)(a) of this section and with which owners of covered buildings are required to comply.
(t) Public building means a covered building owned by:
(I) The state;
(II) A local government;
(III) A district or special district regulated under title 32;
(IV) A state institution of higher education;
(V) A private institution of higher education as defined in section 23-18-102
(9);
(VI) A school district created pursuant to article 30 of title 22; and
(VII) A charter school authorized pursuant to part 1 of article 30.5 of title 22.
(u) Qualifying utility means:
(I) An electric or gas utility with five thousand or more active commercial and
industrial service connections, accounts, or customers in the state, including:
(A) An investor-owned electric or gas utility;
(B) A cooperative electric association; or
(C) A municipally owned electric or gas utility; or
(II) A natural gas supplier with five or more active commercial or industrial
connections, accounts, or customers in the state.
(v) State institution of higher education:
(I) Has the meaning set forth in section 23-1-108 (7)(g)(II);
(II) Includes the Auraria higher education center, governed pursuant to
article 70 of title 23; and
(III) Does not include a biomedical research laboratory.
(w) Tenant means a person that, pursuant to a rental or lease agreement,
occupies or holds possession of a building or part of a building or premises.
(x) Unique identifier means a customer's contact information displayed on
a utility bill such as the customer's name, mailing address, telephone number, or email address.
(y) Utility customer means the building owner or tenant listed on the
utility's records as the customer liable for payment of the utility service or additional charges assessed on the utility account.
(3) Benchmarking requirements on owners and operators. (a)
Notwithstanding the rules that the commission adopted before July 2025, beginning in 2026 for 2025 benchmarking data and for each subsequent year, the owner of a covered building shall submit a report of the benchmarking data for the previous calendar year to the office on or before November 1.
(b) Notwithstanding subsection (3)(a) of this section, beginning in 2025 for
2024 benchmarking data and for each subsequent year, if an owner of a covered building demonstrates to the office that it lacks access to benchmarking data, the operator of the covered building shall, on or before November 1 of each year, submit to the office a report of the benchmarking data for the covered building for the previous calendar year.
(c) Before providing a benchmarking report pursuant to subsection (3)(a) of
this section, an owner of a covered building or operator shall run any automated data checking function of the benchmarking tool and correct any errors discovered.
(d) The following owners and operators may comply with this subsection (3)
collectively at the campus-wide level:
(I) The owner or operator of multiple covered buildings that are part of a
master metered group of buildings without submetering;
(II) The owner or operator of a correctional facility; and
(III) The owner or operator of a public building that is a covered building.
(4) Utility data requirements. (a) On or before June 1, 2022, a qualifying
utility shall:
(I) Establish an aggregation threshold that is four or fewer utility customer
accounts;
(II) Publish its aggregation threshold on its public website; and
(III) Upon request of an owner of a covered building, begin providing energy-use data to the owner.
(b) Energy-use data that a qualifying utility provides an owner pursuant to
this subsection (4) must be:
(I) Available on, or able to be requested through, an easily navigable web
portal or online request form using up-to-date standards for digital authentication, including single one-time passwords or multi-factor authentication;
(II) Provided to the owner within:
(A) Ninety days after receiving the owner's valid written or electronic
request if the request is received in 2022;
(B) Thirty days after receiving the owner's valid written or electronic request
if the request is received in 2023 or later;
(III) Directly uploaded to the owner's benchmarking tool account, delivered in
the spreadsheet template specified by the benchmarking tool, or delivered in another format approved by the office;
(IV) Provided to the owner on at least an annual basis until the owner revokes
the request for energy-use data or sells the covered building;
(V) Provided in accordance with this subsection (4), regardless of whether
the owner is named on the utility account for the covered building; and
(VI) If the qualifying utility is an investor-owned utility, provided in
accordance with the public utilities commission's rules concerning customer data and personally identifying information.
(c) For covered buildings that do not meet the qualifying utility's
aggregation threshold, and thus require utility customer consent to access or share energy-use data, the consent:
(I) May be in written or electronic form;
(II) May be provided in a lease agreement provision;
(III) Is valid until the utility customer revokes it; and
(IV) Is not required if a utility customer vacates the covered building before
explicitly denying the owner consent to access and share the utility customer's energy-use data.
(d) To meet the requirements of this subsection (4), a qualifying utility that is
not an investor-owned utility may seek and use grant funding from the Colorado clean energy fund, a nonprofit corporation, or the energy fund created in section 24-38.5-102.4 (1)(a)(I).
(5) Benchmarking waivers and extensions of time. (a) An owner of a
covered building may seek a waiver from the benchmarking requirements set forth in subsection (3) of this section if the owner submits documentation to, and receives approval from, the office, which documentation establishes that the covered building has met one or more of the following conditions for the calendar year to be benchmarked:
(I) The covered building was unoccupied for at least thirty consecutive days
of the year;
(II) A demolition permit was issued for the entire covered building;
(III) The covered building met one or more of the conditions for financial
hardship;
(IV) The covered building does not meet a qualifying utility's aggregation
threshold, one or more of the utility customers refused to provide the owner with permission to access the utility customer's relevant energy-use data, the owner provides proof to the office that it requested permission from the utility customer or utility customers withholding consent at least thirty days before the benchmarking report was due, and the owner submits a plan to include an energy-use data sharing permission provision in the next lease renewal; or
(V) The covered building has four or more utility customers, is not located
within a qualifying utility's service territory, and the owner is unable to get aggregated data from the utility that serves the covered building.
(b) An owner of a covered building may request a time extension from the
office to submit a benchmarking report if the owner submits documentation to the office demonstrating that, despite the owner's good-faith effort, the owner was unable to complete the benchmarking report in a timely manner because of the failure or refusal of a qualifying utility or a utility customer to provide the necessary information or permission, as applicable.
(c) The office shall notify the division of all approved waivers and extensions
of time, the approval of which is solely within the office's discretion.
(d) Pursuant to subsection (7) of this section, the commission may, by rule,
modify the requirements for obtaining a waiver or extension of time pursuant to this subsection (5).
(6) Requirements upon sale or lease of a covered building. (a) At the time of
listing a covered building or a portion of a covered building for sale or lease, the owner of the covered building shall furnish an electronic copy of reported benchmarking data from the previous calendar year or from the most recent twelve-month period of continuous occupancy to the following:
(I) Prospective buyers or lessees;
(II) Any brokers, as defined in section 12-10-201 (6), who make inquiry about
the property; and
(III) Major commercial real estate listing services on which the property is
listed.
(b) Upon receipt of the benchmarking data, a commercial real estate listing
service that lists properties in the state shall include in the property's listing, at a minimum, the property's Energy Star score, if applicable, and the property's energy-use intensity.
(c) If a covered building changes ownership, the former owner shall make
available to the new owner the energy-use data; utility customer consent documentation, if any; and any other information about the property that is necessary to benchmark the covered building. The former owner shall transfer to the new owner both the record representing the covered building within the benchmarking tool and the request to a qualified utility for aggregated data. The new owner may request and receive from a qualifying utility the aggregated data necessary to fulfill benchmarking reporting requirements.
(7) Benchmarking rules. The commission may promulgate rules to
implement the benchmarking program set forth in this section. Additionally, the commission may, by rule, modify the following:
(a) The provisions regarding waivers and extensions of time set forth in
subsection (5) of this section;
(b) The definition of benchmarking data, but only if the modified definition
concerns data that:
(I) Is capable of being recorded by the benchmarking tool; and
(II) Includes the greenhouse gas emissions, the Energy Star score, if
applicable, and energy-use intensity;
(c) The benchmarking tool that owners are required to use to benchmark;
(d) Data verification requirements; and
(e) After June 1, 2029, the minimum gross floor area included in the definition
of covered building.
(8) Rules. (a) and (b) Repealed.
(c) (I) and (II) Repealed.
(III) The commission shall not adopt rules to rescind or modify the
exemptions for owners of public buildings from payment of the annual fee, as set forth in section 24-38.5-112 (1)(e)(II); from payment of the building decarbonization fee, as set forth in section 24-38.5-125 (5)(b); or from payment of civil penalties, as set forth in section 25-7-122 (1)(i).
(IV) The commission shall, as necessary, adopt rules to modify or continue
the performance standards until 2050 in order to achieve or exceed greenhouse gas emission reduction targets set forth in section 25-7-102 (2)(g).
(d) to (f) Repealed.
(8.5) 2040 performance standard targets - division to propose standards -
commission to adopt rules - task force - membership - repeal. (a) (I) To help achieve or exceed greenhouse gas emission reduction targets pursuant to subsection (8)(c)(IV) of this section, the commission shall adopt, by rule, 2040 performance standards in accordance with section 25-7-102 (2)(g).
(II) On or before June 1, 2029, the division, after consultation with the office,
shall consider recommendations from the task force created pursuant to subsection (8.5)(c) of this section and shall propose 2040 performance standards to the commission for consideration in the rules adopted pursuant to subsection (8.5)(a)(I) of this section.
(b) The division, in proposing 2040 performance standards, and the
commission, in adopting 2040 performance standards, shall consider whether targets that are included in the 2040 performance standards to reduce emissions from covered buildings are consistent with meeting the economy-wide emission reduction goals set forth in section 25-7-102 (2)(g), taking into consideration:
(I) The capital planning periods for covered buildings;
(II) The feasibility of an owner planning and implementing a building upgrade
project ahead of the compliance date for the 2040 performance standards that the commission sets by rule pursuant to subsection (8.5)(a)(I) of this section; and
(III) That all rules that the commission adopts must be technologically
feasible and economically reasonable pursuant to the requirements set forth in section 25-7-102 (1).
(c) (I) On or before July 1, 2027, the director of the office shall appoint and
convene a task force. The task force shall review the benchmarking data submitted for calendar years 2021 through 2026 and, on or before July 1, 2028, develop and provide recommendations to the division regarding the 2040 performance standards.
(II) As part of the recommendations developed pursuant to subsection
(8.5)(c)(I) of this section, the task force shall consider:
(A) The economy-wide emission reduction goals set forth in section 25-7-102
(2)(g);
(B) The capital planning periods for covered buildings and the feasibility of
an owner planning and implementing a building upgrade project ahead of the compliance date;
(C) Whether the building performance program should allow a covered
building owner to meet performance targets through the implementation of energy efficiency improvements or other eligible measures;
(D) Improvements that materially advance compliance with the performance
standards and avoid premature replacement of equipment that remains within its useful service life;
(E) The establishment of individualized compliance pathways, including the
ability of the office to enter into agreements with covered building owners to define alternative compliance metrics and schedules that are consistent with operational necessity and that avoid unnecessary financial burdens; and
(F) Elements from prior rules regarding building performance standards,
which rules may require revision. The task force shall make recommendations regarding any rule revisions that it believes are necessary.
(d) The task force consists of the following members, all of whom, except
the representatives of the office, the public utilities commission, and the division, are voting members:
(I) The director of the office or the director's designee;
(II) The director of the division or the director's designee;
(III) The director of the public utilities commission or the director's designee;
(IV) One member who is an owner of commercial covered buildings or who
represents owners of commercial covered buildings;
(V) One member who is an owner of a multifamily residential covered
building or who represents owners of multifamily residential covered buildings;
(VI) One member who represents an affordable housing organization;
(VII) One member who has direct experience in, or is a member of an
organization representing workers in, mechanical, HVAC, or electrical work at the commercial or multifamily building level;
(VIII) One member who represents architects;
(IX) One member who represents professional engineers and who has
experience working on systems for buildings;
(X) One member who has extensive experience as a building operating
engineer;
(XI) One member who represents an electric utility, a gas utility, or a
combined electric and gas utility;
(XII) One member who is from an environmental conservation or
environmental justice group with experience in energy efficiency or the built environment;
(XIII) One member who is from a local government that has enacted or
adopted a benchmarking or building energy performance ordinance or resolution;
(XIV) Three members who have relevant building performance expertise, as
determined by the director of the office;
(XV) One member representing hospitals or other health-care facilities; and
(XVI) One member who is a representative of a mixed-use commercial office.
(e) An individual applying to serve on the task force must submit a
recommendation from a member of the group that the individual seeks to represent on the task force or, if a trade organization exists that represents the group, a recommendation from the trade organization.
(f) In making appointments to the task force, the director of the office shall
strive to ensure varied geographic representation.
(g) The task force shall conduct a comprehensive economic analysis of its
recommendations for the 2040 performance standards prior to providing the recommendations to the division.
(8.6) Notwithstanding any rules that the commission adopts pursuant to this
section before July 1, 2025:
(a) (I) An owner of a covered building that meets its performance standards
using the standard percentage reduction building performance pathway, as established by rule of the commission, may use 2019 benchmarking data as an alternate baseline if the owner submits complete and accurate 2019 benchmarking data to the office no later than November 1, 2027;
(II) An owner of a covered building located within the jurisdiction of a local
government that has adopted and implemented a building performance standards program or other similar program intended to reduce greenhouse gas emissions from covered buildings is deemed in compliance with this section and rules adopted by the commission pursuant to this section by complying with the requirements of the local program if:
(A) The owner of the covered building maintains compliance with the local
program and certifies its affirmative compliance status by submitting an affidavit, which affidavit attests that the covered building meets the requirements of the local program, in annual benchmarking reports submitted to the office; and
(B) The office has determined that the greenhouse gas emission reductions
from covered buildings complying with the local program are reasonably similar to the greenhouse gas emission reductions that would have been achieved through compliance with performance standards established under this section;
(III) A local jurisdiction that has adopted and implemented a building
performance standards program may issue a certification or report to the office confirming which covered buildings are in compliance with the program; and
(IV) Decisions made by the office regarding equivalence pursuant to
subsection (8.6)(a)(II)(B) of this section are subject to judicial review pursuant to section 24-4-106.
(b) (I) Notwithstanding subsection (8.6)(a) of this section and any rules
adopted by the commission before July 1, 2025, an owner may either comply with the 2026 performance standards or track its progress toward compliance by submitting benchmarking reports in accordance with subsections (3) and (8.6)(b)(II) of this section.
(II) Beginning with the 2025 benchmarking reports submitted in 2026, and
each year thereafter, a covered building owner or operator shall, as part of its benchmarking reports submitted to the office:
(A) Respond to any standard progress-related questions included in the
benchmarking form to help assess whether the building is on a path toward future compliance;
(B) Indicate whether technical assistance or guidance from the office would
be helpful; and
(C) Provide any additional nonproprietary information requested by the office
that is relevant to understanding implementation trends or common barriers to compliance.
(III) The reports required under subsection (8.6)(b)(II) of this section must
include only answers to the questions that are minimally necessary to assess the covered building owner's progress toward the performance standard targets.
(IV) Any rules the commission adopted before July 1, 2025, that impose
additional compliance obligations upon a covered building owner that fails to timely meet a building performance standard do not apply until 2031 for the 2030 building performance standards.
(V) The office shall prioritize any grant money that is made available for
owners of covered buildings:
(A) That comply with or establish plans to go beyond the 2026 performance
standards; or
(B) That comply with the 2030 performance standard early or establish plans
to go beyond the 2030 performance standards.
(VI) Nothing in this subsection (8.6)(b) precludes or modifies the division's
authority to enforce against an owner of a covered building for noncompliance with 2030 performance standards or performance standards set for subsequent years.
(8.7) Notwithstanding the requirements of subsection (8)(a)(II) of this section
or rules adopted pursuant to that subsection, subsection (8.6) of this section is necessary for covered buildings to effectively implement the performance standards. The commission is not required to revise rules that were adopted pursuant to this section before July 1, 2025.
(8.8) (a) Energy use that a covered building owner demonstrates is
attributable to electric vehicle charging shall not be included in a covered building's total energy usage for purposes of compliance with building performance standards.
(b) A covered building owner may, after consultation with the office, request
documentation demonstrating that:
(I) The covered building is in current compliance with the commission's rules
adopted in accordance with this section; and
(II) The covered building is on a path toward meeting upcoming compliance
obligations, based on the performance standards, conditions, and building-specific plans that are in effect at the time of the covered building owner's request.
(c) Consistent with rules adopted by the commission, the office shall develop
guidance concerning individualized target and compliance guidelines for covered building owners that demonstrate a significant increase in energy use due to the expansion of a data center or telecommunications operation. A covered building owner's individualized energy efficiency target can reflect increased electricity consumption over time from a data center or telecommunications operation if all cost-effective energy efficiency and electrification measures have been performed. Consistent with rules adopted by the commission regarding timelines and adjustments for building performance standard targets, individualized targets and compliance timelines may be adjusted multiple times based on the evolving growth of energy consumption by the covered building.
(9) Saving clause. This section does not restrict:
(a) The ability of a qualifying utility to provide incentives or other energy
efficiency program services for covered buildings;
(b) The ability of an investor-owned utility to take credit, as deemed
appropriate by the public utilities commission, for energy or greenhouse gas emission savings achieved for covered buildings;
(c) The ability of a qualified utility to set an aggregation threshold that is
less than four; or
(d) A local government from adopting or implementing an ordinance or
resolution that imposes more stringent benchmarking or performance standard requirements.
(10) Agricultural buildings exempted from benchmarking requirements. (a)
An owner of an agricultural building may submit for an affirmative exemption from any requirement to report benchmarking data.
(b) An owner of an agricultural building may submit for an exemption to
remain valid until there is a change in ownership or a change that renders the building no longer an agricultural building.
(c) For the duration of any exemption, an owner of an agricultural building
shall certify, upon request, the exemption status of any building for which an exemption has been granted.
Source: L. 2021: Entire section added, (HB 21-1286), ch. 326, p. 2070, � 1,
effective September 7. L. 2022: (2)(i)(V) amended, (SB 22-212), ch. 421, p. 2980, � 61, effective August 10. L. 2023: IP(8)(c)(I) and IP(8)(c)(II) amended, (SB 23-016), ch. 165, p. 734, � 6, effective August 7. L. 2025: (1.5), (2)(q.5), (8.5), (8.6), (8.7), and (8.8) added and (2)(s), (3), (8)(c)(III), and (8)(f) amended, (HB 25-1269), ch. 216, p. 978, � 3, effective May 20; (2)(b.5), (2)(j)(II)(D) and (10) added and (2)(j)(II)(B) and (2)(j)(II)(C) amended, (SB 25-039), ch. 37, p. 182, � 1, effective August 6.
Editor's note: (1) Subsection (8)(f) was amended in HB 25-1269, effective
May 20, 2025. For the amendments in HB 25-1269 in effect from May 20, 2025, to July 1, 2025, see chapter 216, Session Laws of Colorado 2025. (L. 2025, p. 978.)
(2) Subsection (8)(f) provided for the repeal of subsections (8)(a), (8)(b),
(8)(c)(I), (8)(c)(II), (8)(d), (8)(e), and (8)(f), effective July 1, 2025. (See L. 2025, p. 978.)
(3) Section 10 of chapter 216 (HB 25-1269), Session Laws of Colorado 2025,
provides that the act changing this section applies to conduct occurring on or after May 20, 2025.
C.R.S. § 25-8-104
25-8-104. Interpretation and construction of water quality provisions. (1) No provision of this article shall be interpreted so as to supersede, abrogate, or impair rights to divert water and apply water to beneficial uses in accordance with the provisions of sections 5 and 6 of article XVI of the constitution of the state of Colorado, compacts entered into by the state of Colorado, or the provisions of articles 80 to 93 of title 37, C.R.S., or Colorado court determinations with respect to the determination and administration of water rights. Nothing in this article shall be construed, enforced, or applied so as to cause or result in material injury to water rights. The general assembly recognizes that this article may lead to dischargers choosing consumptive types of treatment techniques in order to meet water quality requirements. Under such circumstances, the discharger must comply with all of the applicable provisions of articles 80 to 93 of title 37, C.R.S., and shall be obliged to remedy any material injury to water rights to the extent required under the provisions of articles 80 to 93 of title 37, C.R.S. The question of whether such material injury to water rights exists and the remedy therefor shall be determined by the water court. This section shall not be interpreted so as to prevent the issuance of a permit pursuant to sections 25-8-501 to 25-8-503 which is necessary to protect public health. Nothing in this article shall be construed to allow the commission or the division to require minimum streamflows or minimum water levels in any lakes or impoundments.
(2) The following criteria, in addition to those otherwise prescribed by law,
shall apply to any policy, rule-making, adjudicatory, administrative, or executive decision of the water quality control commission or to any judicial decision related thereto:
(a) All state waters shall be presumed to be available for beneficial uses
under and in accordance with the constitution and laws of the state; and a water right includes the right to divert as defined in section 37-92-103 (7), C.R.S., the waters of the state for application to beneficial use.
(b) The commission or division shall not require an instream flow for any
purpose.
(c) Mixing zones in state waters shall be allowed in accordance with other
provisions of this article in calculating the necessary degree of source pollutant control, so long as water rights are not materially injured.
(d) The commission and division shall consult with the state engineer and the
water conservation board or their designees before making any decision or adopting any rule or policy which has the potential to cause material injury to water rights.
(e) Underground water may be extracted from state waters in order to treat
or remove pollutants from the water extracted; except that any material injury to water rights resulting therefrom shall be remedied as required by law.
(3) The state engineer shall issue well permits pursuant to section 37-90-137
(2), C.R.S., necessary to accomplish the purposes of paragraph (e) of subsection (2) of this section. Well construction shall be in accordance with article 91 of title 37, C.R.S.
Source: L. 81: Entire article R&RE, p. 1313, � 1, effective July 1. L. 89: Entire
section amended, p. 1171, � 1, effective June 8.
C.R.S. § 25-8-107
25-8-107. Cross-connection control services - backflow prevention devices - requirements - definitions. (1) Nothing in this section applies to or affects any other section in this article 8.
(2) Nothing in this section requires the department of public health and
environment to perform inspections.
(3) Nothing in this section requires the commission or the department of
public health and environment to enforce this section.
(4) (a) On and after July 1, 2025, a certified cross-connection control
technician or a licensed plumber with a cross-connection control technician certification who tests or repairs a backflow prevention device shall affix a tag on the backflow prevention device that contains the following information:
(I) The name and contact information of the business with which the certified
cross-connection control technician or the licensed plumber with a cross-connection control technician certification is affiliated;
(II) The date the service was provided;
(III) A description of the service provided; and
(IV) The ASSE or ABPA certification number of the certified cross-connection control technician or the licensed plumber with a cross-connection
control technician certification, along with the plumbing contractor's registration number or the license number of the master plumber attached to the contractor, issued by the state plumbing board, if applicable.
(b) A certified cross-connection control technician or a licensed plumber
with a cross-connection control technician certification may document multiple services on one tag.
(5) As used in this section, unless the context otherwise requires:
(a) ABPA means the American Backflow Prevention Association or its
successor organization.
(b) ASSE means the American Society of Sanitary Engineering or its
successor organization.
(c) Certified cross-connection control technician means an individual who
possesses a valid backflow prevention assembly tester certification from the ASSE or the ABPA.
(d) Licensed plumber with a cross-connection control technician
certification means an individual who is a licensed plumber and possesses a valid backflow prevention assembly tester certification from the ASSE or the ABPA.
Source: L. 2025: Entire section added, (HB 25-1077), ch. 39, p. 188, � 3,
effective March 28.
PART 2
WATER QUALITY CONTROL COMMISSION
C.R.S. § 25-8-201
25-8-201. Water quality control commission created. (1) (a) (I) There is created in the department of public health and environment a water quality control commission, which is a type 1 entity, as defined in section 24-1-105, and which exercises its powers and performs its duties and functions under the department of public health and environment.
(II) The commission consists of nine citizens of the state appointed by the
governor, with the consent of the senate, for terms of three years; except that the terms must be staggered so that no more than five members' terms expire in the same year. Members of the commission must be appointed so as to achieve geographical representation and to reflect the various interests in water in the state. At least two members must reside in that portion of the state that is west of the continental divide. No more than five members of the commission may be affiliated with the same political party.
(III) At least one member of the commission must have agricultural
experience, preferably a member with agricultural experience who is also regulated by the division. At least three other members of the commission must be from the community regulated by the division, employed by an entity that is subject to fees set pursuant to this article 8, and, to the extent practicable, employed by an entity that is subject to a different type of fee pursuant to this article 8 than the type of fee that the employers of the other two members are subject.
(IV) A member of the commission must have experience or training in one or
more of the following areas:
(A) Science;
(B) Engineering;
(C) Technology;
(D) Industry;
(E) Construction;
(F) Labor;
(G) Agriculture;
(H) Environmental law;
(I) Environmental policy;
(J) Environmental justice;
(K) Municipal water treatment;
(L) Municipal wastewater treatment;
(M) Municipal government; or
(N) County government.
(b) Repealed.
(c) Whenever a vacancy exists, the governor shall appoint a member for the
remaining portion of the unexpired term created by the vacancy, subject to confirmation by the senate.
(2) (a) The governor may remove any appointed member of the commission
for malfeasance in office, failure to regularly attend meetings, or for any cause that renders such a member incapable or unfit to discharge the duties of his office.
(b) If any member of the commission is absent from two consecutive
meetings, the chairman of the commission shall determine whether the cause of such absences was reasonable. If he determines that the cause of the absences was unreasonable, he shall so notify the governor who may remove such member and appoint a qualified person for the unexpired portion of the regular term, subject to confirmation by the senate.
(3) Each member of the commission not otherwise in full-time employment
of the state shall receive a per diem which shall be the same amount paid to the general assembly for attendance at interim committees for each day actually and necessarily spent in the discharge of official duties, not to exceed twelve hundred dollars in any one year; and each member shall receive traveling and other necessary expenses actually incurred in the performance of his official duties as a member of the commission.
(4) The commission shall select from its own membership a chairman, a vice-chairman, and a secretary. The commission shall keep a record of its proceedings.
(5) The commission shall hold regular public meetings and may hold special
meetings on the call of the chairman or vice-chairman at such other times as deemed necessary. Written notice of the time and place of each meeting shall be mailed to each member at least five days in advance.
(6) All members shall have a vote. Two-thirds of the commission shall
constitute a quorum, and the concurrence of a majority of the quorum in any matter within its powers and duties shall be required for any determination made by the commission.
Source: L. 81: Entire article R&RE, p. 1314, � 1, effective July 1. L. 84: (1)(a)
amended, p. 784, � 1, effective March 16. L. 96: (1)(a) amended, p. 1473, � 22, effective June 1. L. 2005: (1)(b) repealed, p. 283, � 24, effective August 8. L. 2022: (1)(a) amended, (SB 22-013), ch. 2, p. 60, � 79, effective February 25; (1)(a) amended, (SB 22-162), ch. 469, p. 3369, � 52, effective August 10. L. 2023: (1)(a) amended, (SB 23-274), ch. 216, p. 1110, � 3, effective May 17.
Editor's note: Amendments to subsection (1)(a) by SB 22-013 and SB 22-162
were harmonized.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 25-8-202
25-8-202. Duties of commission - rules. (1) The commission shall develop and maintain a comprehensive and effective program for prevention, control, and abatement of water pollution and for water quality protection throughout the entire state and, to ensure provision of continuously safe drinking water by public water systems, and, in connection therewith, shall:
(a) Classify state waters in accordance with section 25-8-203;
(b) Promulgate water quality standards in accordance with section 25-8-204;
(c) Promulgate control regulations in accordance with section 25-8-205;
(d) Promulgate permit regulations in accordance with sections 25-8-501 to
25-8-504;
(e) Perform duties assigned to the commission in part 7 of this article with
respect to the location, design, construction, financing, and operation of domestic wastewater treatment plants;
(f) Review from time to time, at intervals of not more than three years,
classification of waters, water quality standards, and control regulations which it has promulgated;
(g) Promulgate rules and adopt priority ranking for the administration of
federal and other public source construction loans or grants, and grants from the water quality improvement fund, which the commission or the division administers and which shall not be expended for any purpose other than that for which they were provided;
(h) Advise and consult and cooperate with other agencies of the state, the
federal government, and other states, and with groups, political subdivisions, and industries affected by the provisions of this article and the policies or regulations of the commission;
(i) Exercise all incidental powers necessary or proper for carrying out the
purposes of this article including the powers to issue and enforce rules and orders;
(i.5) Promulgate rules and regulations to govern the division's certification
activities pursuant to section 401 of the federal act;
(j) Perform such other duties as may lawfully be assigned to it by Colorado
statutes;
(k) Act as an appellate body to review all determinations by the division
except those determinations dealing with surface water discharge permits or portions thereof;
(l) Coordinate with the United States secretary of the interior and the United
States secretary of agriculture to develop water quality management plans for federal lands pursuant to 16 U.S.C. sec. 530, 16 U.S.C. sec. 1604, and 43 U.S.C. sec. 1712;
(m) Adopt rules providing minimum standards for the location, construction,
performance, installation, alteration, and use of on-site wastewater treatment systems within the state of Colorado, in accordance with section 25-10-104;
(n) Adopt minimum general sanitary standards for drinking water systems in
accordance with section 25-1.5-202;
(o) Develop additions or modifications to the drinking water project eligibility
list in accordance with section 37-95-107.8, C.R.S.;
(p) Establish, and revise as necessary, a schedule of nonrefundable fees to
cover the reasonable costs of implementing a program for the beneficial use of biosolids, in accordance with section 30-20-110.5, C.R.S.; and
(q) Hear appeals of penalties imposed pursuant to section 25-1-114.1 (2.5) for
a violation of minimum general sanitary standards and regulations for drinking water.
(2) The commission shall have authority to implement the legislative
declaration as prescribed in section 25-8-102.
(3) The commission shall hold a public hearing during the month of October
of each year in order to hear public comment on water pollution problems within the state, alleged sources of water pollution within this state, and the availability of practical remedies therefor; and at such hearing the commission, administrator, and division personnel shall answer reasonable questions from the public concerning administration and enforcement of the various provisions of this article, as well as rules and regulations promulgated under the authority of this article.
(4) The commission shall employ an administrator and shall delegate to such
administrator such duties and responsibilities as it may deem necessary, including acting as a hearing officer for the commission; but no authority shall be delegated to such administrator to promulgate standards or regulations, or to make determinations, or to issue or countermand orders of the commission. Such administrator shall have appropriate practical, educational, and administrative experience related to water quality control and shall be employed pursuant to section 13 of article XII of the state constitution.
(5) Repealed.
(6) The commission is hereby designated as the state water pollution control
agency for this state for all purposes of the federal act. The commission shall maintain a program which does not conflict with the provisions of the federal act and is hereby authorized to take all action necessary and appropriate to secure to this state, its municipalities, or intermunicipal or interstate agencies the benefits of said act.
(7) The commission and the division shall recognize water quality
responsibilities of the following state agencies, referred to in this subsection (7) as the implementing agencies: The office of mined land reclamation; the state engineer; the energy and carbon management commission created in section 34-60-104.3 (1); and the state agency responsible for activities related to the federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. sec. 6901 et seq., as amended, and related state programs. Activities subject to the jurisdiction of the implementing agencies that result in discharge to state waters shall be regulated as follows:
(a) The commission shall be solely responsible for the adoption of water
quality standards and classifications for state waters affected by such discharges. Except as set forth in paragraph (b) of this subsection (7), such classifications and standards shall be implemented by the implementing agencies, after consultation with the division and the commission, through their own programs. For the purpose of subsection (7), water quality standards and classifications under this section for state waters other than surface waters shall not specify applicable points of compliance, but such points of compliance shall be adopted, in accordance with criteria established through rule-making after public hearing and consultation with the commission and division, by the appropriate agency with jurisdiction as specified in paragraph (b) of this subsection (7) so as to protect present and future beneficial uses of water.
(b) (I) The division shall be solely responsible for the issuance and
enforcement of permits authorizing point source discharges to surface waters of the state affected by such discharges.
(II) Neither the commission nor the division shall require permits for, or
otherwise regulate, other activities subject to the jurisdiction of the implementing agencies, unless the commission finds, after notice and public hearing, that:
(A) Such regulation is necessary to assure compliance with the federal act,
the provisions of articles 80 to 93 of title 37, C.R.S., or water quality standards and classifications adopted for state waters or to protect present and future beneficial uses of water; or
(B) Such regulation is necessary to avoid the imposition of a disproportionate
burden on other dischargers or classes of dischargers to the affected state waters who are subject to the requirements of this article; or
(C) The implementing agency fails to provide reasonable assurance that
compliance with this subsection (7) has been obtained through its own programs.
(III) Regulation by the commission under this paragraph (b) shall be
undertaken solely through the adoption of control regulations under section 25-8-205, or permit regulations under section 25-8-501, and the division may enforce such regulations as provided in this article.
(c) Nothing in this subsection (7) shall relieve any activity from participation
in waste load allocation proceedings under this article or limit the emergency authority of the division pursuant to section 25-8-307.
(d) This subsection (7) is intended to restate and clarify existing law and to
provide a procedure for coordination between state agencies which have responsibilities to implement water quality protection of state waters. It is not intended either to grant additional jurisdiction to any agency or to curtail the jurisdiction of any agency to fulfill its statutory responsibilities, including jurisdiction to maintain a program consistent with the requirements of the federal Resource Conservation and Recovery Act of 1976, as amended.
(8) (a) The commission may adopt rules more stringent than corresponding
enforceable federal requirements only if it is demonstrated at a public hearing, and the commission finds, based on sound scientific or technical evidence in the record, that state rules more stringent than the corresponding federal requirements are necessary to protect the public health, beneficial use of water, or the environment of the state. Those findings shall be accompanied by a statement of basis and purpose referring to and evaluating the public health and environmental information and studies contained in the record which form the basis for the commission's conclusion.
(b) The existing policies, rules, and regulations of the commission and
division shall be applied in conformance with section 25-8-104 and this section.
Source: L. 81: Entire article R&RE, p. 1315, � 1, effective July 1. L. 85: (1)(i.5)
added and (6) amended, p. 906, �� 1, 2, effective June 4. L. 88: (1)(i) amended and (1)(k) added, p. 1019, � 2, effective July 1. L. 89: (7) and (8) added, p. 1172, � 2, effective June 8. L. 92: IP(7) amended, p. 1970, � 75, effective July 1. L. 96: (5) repealed, p. 1260, � 161, effective August 7. L. 2003: (1)(l) added, p. 1036, � 8, effective April 17. L. 2005: (4) amended, p. 283, � 25, effective August 8. L. 2006: (1)(g) amended, p. 1275, � 3, effective May 26; IP(1) amended and (1)(m), (1)(n), (1)(o), and (1)(p) added, p. 1128, � 4, effective July 1. L. 2008: (1)(q) added, p. 431, � 2, effective August 5. L. 2012: (1)(m) amended, (HB 12-1126), ch. 137, p. 494, � 4, effective August 8. L. 2023: IP(7) amended, (SB 23-285), ch. 235, p. 1255, � 29, effective July 1.
Cross references: (1) For the legislative declaration contained in the 1996
act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration contained in the 2003 act enacting subsection (1)(l), see section 1 of chapter 145, Session Laws of Colorado 2003.
(2) For the Resource Conservation and Recovery Act of 1976, see Pub.L.
94-580, codified at 42 U.S.C. � 6901 et seq.
C.R.S. § 25-8-205
25-8-205. Control regulations. (1) The commission may promulgate control regulations for the following purposes:
(a) To describe prohibitions, standards, concentrations, and effluent
limitations on the extent of specifically identified pollutants, including, but not limited to, those mentioned in section 25-8-204, that any person may discharge into any specified class of state waters;
(b) To describe pretreatment requirements, prohibitions, standards,
concentrations, and effluent limitations on wastes any person may discharge into any specified class of state water from any specified type of facility, process, activity, or waste pile including, but not limited to, all types specified in section 306 (b)(1)(A) of the federal act;
(c) To describe precautionary measures, both mandatory and prohibitory,
that must be taken by any person owning, operating, conducting, or maintaining any facility, process, activity, or waste pile that does cause or could reasonably be expected to cause pollution of any state waters in violation of control regulations or that does cause the quality of any state waters to be in violation of any applicable water quality standard;
(d) To adopt toxic effluent standards and pretreatment standards for
pollutants which interfere with, pass through, or are otherwise incompatible with sewage treatment works;
(e) [Editor's note: This version of subsection (1)(e) is effective until July 1,
2026.] To describe requirements, prohibitions, standards, and concentration limitations on the use and disposal of biosolids to protect public health and to prevent the discharge of pollutants into state waters, except as authorized by permit. The commission requirements described pursuant to this paragraph (e) shall be no more restrictive than the requirements adopted for solid wastes disposal sites and facilities pursuant to part 1 of article 20 of title 30, C.R.S., except as necessary to be consistent with section 405 of the federal act. Fees shall be established as set forth in section 30-20-110.5, C.R.S., and the commission shall have no authority to levy additional or duplicative fees.
(e) [Editor's note: This version of subsection (1)(e) is effective July 1, 2026.]
To describe requirements, prohibitions, standards, and concentration limitations on the use and disposal of biosolids to protect public health and to prevent the discharge of pollutants into state waters, except as authorized by permit. The commission requirements described pursuant to this subsection (1)(e) must not be more restrictive than the requirements adopted for solid wastes disposal sites and facilities pursuant to part 1 of article 20 of title 30, except as necessary to be consistent with section 405 of the federal act. Fees must be established as set forth in rules adopted by the commission pursuant to section 25-8-210.
(f) In accordance with sections 25-8-205.7, 25-8-205.8, and 25-8-205.9, to
describe requirements, prohibitions, standards, and concentration limitations on the reuse of reclaimed domestic wastewater for purposes other than drinking that will protect public health and encourage the reuse of reclaimed domestic wastewater;
(g) [Editor's note: This version of subsection (1)(g) is effective until January 1,
2026.]
(I) To describe requirements, prohibitions, and standards for the use of graywater for nondrinking purposes, to encourage the use of graywater, and to protect public health and water quality.
(II) Except as authorized in section 25-8-205.3, graywater may be used only
in areas where the local city, city and county, or county has adopted an ordinance or resolution approving the use of graywater pursuant to section 30-11-107 (1)(kk) or 31-15-601 (1)(m). The city, city and county, or county that has adopted an ordinance or resolution approving the use of graywater pursuant to section 30-11-107 (1)(kk) or 31-15-601 (1)(m) has exclusive enforcement authority regarding compliance with the ordinance or resolution.
(III) Use of graywater shall be allowed only in accordance with the terms and
conditions of the decrees, contracts, and well permits applicable to the use of the source water rights or source water and any return flows therefrom, and no use of graywater shall be allowed that would not be allowed under such decrees, contracts, or permits if the graywater ordinance or resolution did not exist.
(IV) A local city, city and county, or county may only authorize the use of
graywater in accordance with federal, state, and local requirements.
(g) [Editor's note: This version of subsection (1)(g) is effective January 1,
2026.]
(I) To describe requirements, prohibitions, and standards for the use of graywater for nondrinking purposes, to encourage the use of graywater, and to protect public health and water quality.
(II) A city, city and county, or county that has adopted an ordinance or
resolution regarding the use of graywater pursuant to section 30-11-107 (1)(kk) or 31-15-601 (1)(m) has exclusive enforcement authority regarding compliance with the ordinance or resolution.
(III) Use of graywater is allowed only in accordance with the terms and
conditions of the decrees, contracts, and well permits applicable to the use of the source water rights or source water and any return flows from the source water, and graywater use shall not be allowed in a manner that is not allowed under such decrees, contracts, or permits.
(h) In accordance with section 25-8-205.1, to establish requirements,
prohibitions, and standards for the discharge of dredged or fill material into state waters.
(2) In the formulation of each control regulation, the commission shall
consider the following:
(a) The need for regulations that control discharges of specified pollutants
that are the subject of water quality standards for the receiving state waters;
(b) The need for regulations that specify treatment requirements for various
types of discharges;
(c) The degree to which any particular type of discharge is subject to
treatment, the availability, practicality, and technical and economic feasibility of treatment techniques, and the extent to which the discharge to be controlled is significant;
(d) Control requirements promulgated by agencies of the federal
government;
(e) The continuous, intermittent, or seasonal nature of the discharge to be
controlled;
(f) Whether a regulation that is to be applicable to discharges into flowing
water should be written in such a way that the degree of pollution tolerated or treatment required will be dependent upon the volume of flow of the receiving water or the extent to which the discharge is diluted therein, or the capacity of the receiving water to assimilate the discharge; and
(g) The need for specification of safety precautions that should be taken to
protect water quality including, but not limited to, requirements for the keeping of logs and other records, requirements to protect subsurface waters in connection with mining and the drilling and operation of wells, and requirements as to settling ponds, holding tanks, and other treatment facilities for water that will or might enter state waters.
(3) Control regulations may be promulgated for use in connection with any
one or more of the classes of state waters authorized pursuant to section 25-8-203 and may be made applicable with respect to any designated portion of state waters or to all state waters.
(4) The commission shall coordinate and cooperate with the state engineer,
the Colorado water conservation board, the energy and carbon management commission created in section 34-60-104.3 (1), the state board of health, and other state agencies having regulatory powers in order to avoid adopting control regulations that would be either redundant or unnecessary.
(5) The commission shall not adopt control regulations that require
agricultural nonpoint source dischargers to utilize treatment techniques that require additional consumptive or evaporative use which would cause material injury to water rights. With regard to nonpoint source water pollution control related to agricultural practices, the commission and division shall pursue incentive, grant, and cooperative programs in preference to the promulgation of control regulations. When interested water conservation districts, water conservancy districts, and conservation districts recommend nonpoint source control activities related to agricultural practices to the division and commission, the division and commission, after consultation with such districts, shall give substantial weight to the recommendations of such districts into the approved program. Except as provided by section 25-8-205.5, control regulations related to agricultural practices shall be promulgated only if incentive, grant, and cooperative programs are determined by the commission to be inadequate and such regulations are necessary to meet state law or the federal act. This subsection (5) does not allocate wasteloads or relieve any source from participation in wasteload allocations determined necessary under any duly promulgated regulations established by the water quality control commission under this section.
(6) The division may issue a variance from a control regulation of general
applicability, based upon a determination that the benefits derived from meeting the control regulation do not bear a reasonable relationship to the economic, environmental, or energy impacts or other factors which are particular to the applicant in complying with the control regulation; except that such variance shall be consistent with the purposes of this article including the protection of existing beneficial uses. No variance shall be issued for longer than five years. Variances shall be granted or renewed according to the procedure established in section 25-8-401 (5).
Source: L. 81: Entire article R&RE, p. 1318, � 1, effective July 1. L. 88: (5)
amended, p. 1022, � 1, effective April 6. L. 90: (5) amended, p. 1330, � 3, effective July 1. L. 93: (1)(e) added, p. 1578, � 2, effective July 1. L. 2000: (1)(f) added, p. 252, � 2, effective March 31. L. 2002: (5) amended, p. 517, � 11, effective July 1. L. 2013: (1)(g) added, (HB 13-1044), ch. 228, p. 1088, � 3, effective May 15. L. 2017: (1)(g)(II) amended, (HB 17-1008), ch. 199, p. 723, � 2, effective August 9. L. 2018: (1)(f) amended, (SB 18-038), ch. 400, p. 2365, � 2, effective August 8; (1)(f) amended, (HB 18-1069), ch. 179, p. 1220, � 2, effective August 8; (1)(f) amended, (HB 18-1093), ch. 171, p. 1197, � 2, effective August 8. L. 2023: (4) amended, (SB 23-285), ch. 235, p. 1255, � 30, effective July 1; (1)(e) amended, (SB 23-274), ch. 216, p. 1119, � 10, effective July 1, 2026. L. 2024: (1)(h) added, (HB 24-1379), ch. 274, p. 1805, � 1, effective May 29; (1)(g) amended, (HB 24-1362), ch. 277, p. 1842, � 4, effective January 1, 2026.
Editor's note: Amendments to subsection (1)(f) by SB 18-038, HB 18-1069,
and HB 18-1093 were harmonized.
Cross references: For the legislative declaration in the 2013 act adding
subsection (1)(g), see section 1 of chapter 228, Session Laws of Colorado 2013.
C.R.S. § 25-8-205.1
25-8-205.1. State waters protection - applicability - program to regulate the discharge of dredged or fill material - duties of commission and division - applicability and scope of section - legislative declaration - definitions - rules - repeal. (1) Legislative declaration. (a) The general assembly finds that:
(I) On May 25, 2023, the United States supreme court issued an opinion in
Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023), that interpreted the types of water resources that are considered to be waters of the United States, which are subject to federal permitting requirements under section 404 of the federal Clean Water Act, Pub.L. 92-500, codified at 33 U.S.C. sec. 1251 et seq., as amended, for the discharge of dredged or fill material. The Sackett ruling became immediately effective in Colorado, and the federal environmental protection agency and the United States Army corps of engineers subsequently published new regulations seeking to conform to the Sackett ruling. As a result, federal permitting requirements for the discharge of dredged or fill material no longer apply to certain state waters, including many wetlands.
(II) As of March 2024, Colorado has not had a state program to authorize the
discharge of dredged or fill material into state waters and has instead relied on the United States Army corps of engineers section 404 permit program. The new definition of waters of the United States under Sackett, which narrows federal jurisdiction in this area, has created a need for a state dredge and fill program. With fewer federal discharge permits being issued by the United States Army corps of engineers following Sackett, many streams, lakes, and wetlands in Colorado are at risk of irreversible harm.
(III) Some projects involving the discharge of dredged or fill material, such as
those for flood control; stream restoration; water development; construction or maintenance of underground utilities, roads, transit, rail, and housing; and similar efforts that are no longer regulated by the federal act as a result of Sackett, face regulatory uncertainty unless Colorado develops its own dredge and fill program; and
(IV) The department of public health and environment led stakeholder
efforts during 2023 that focused on regulatory options to address the Sackett decision, and the provisions of this section directly reflect the input received during these efforts concerning exempted activities and excluded types of waters.
(b) The general assembly further finds that:
(I) Water is Colorado's most critical natural resource, and safeguarding
water quality is of paramount importance for the protection of public health and Colorado's environment;
(II) Colorado's wetlands and seasonal streams play a crucial role in
maintaining water quality for drinking water and wildlife habitats, recharging groundwater, controlling floods, and keeping pollution from entering larger bodies of water;
(III) Given the crucial role that wetlands play in protecting Colorado's water
resources, it is in the state's interest to expressly include wetlands as a category of state waters in the definition of that term used in this article 8. This clarification is consistent with and reiterates the department of public health and environment's longstanding recognition through rules and program implementation that wetlands are state waters deserving of protection under this article 8.
(IV) Developing a state dredge and fill program will benefit the entities that
wish to engage in dredge and fill projects within Colorado because, without a discharge authorization framework, those projects will be prohibited to the detriment of Colorado's economy and general welfare;
(V) A state dredge and fill program can provide a mechanism for protecting
the chemical, physical, and biological integrity of Colorado's water resources while facilitating a strong and prosperous economy; and
(VI) Notwithstanding the narrower scope of waters protected at the federal
level after the Sackett decision, the United States Army corps of engineers' section 404 permit program provides a well-established and protective framework upon which Colorado should model its own dredge and fill program.
(c) Now, therefore, the general assembly declares that:
(I) This section is necessary to establish a comprehensive dredge and fill
program to protect state waters, no matter how the federal term waters of the United States is defined in the future; and
(II) For the purpose of providing clarification concerning the limitations on
the scope of Colorado's dredge and fill program going forward, the program established in this section includes:
(A) Express exemptions for certain types of activities that are not subject to
dredge and fill program requirements; and
(B) Express exclusions for certain types of waters that may otherwise fall
under the definition of state waters.
(2) Applicability - limitations. Nothing in this section applies to the activities
of federally recognized Indian tribes, Indians, their political subdivisions, or tribally controlled affiliates, which activities are undertaken or to be undertaken on lands within the boundaries of an Indian reservation located within the state. Additionally, nothing in this section applies to the activities of third-party non-Indian owners and operators, which activities are undertaken or to be undertaken with respect to reservation waters on Indian trust lands within the boundaries of an Indian reservation located within the state. With regard to privately owned fee land, as defined in section 25-7-1302 (4), within the boundaries of an Indian reservation located within the state, this section applies only to the discharge of dredged or fill materials of persons who are not Indians.
(3) Definitions. As used in this section, unless the context otherwise
requires:
(a) Clean Water Policy 17 means the division's Clean Water Policy 17,
Enforcement of Unpermitted Discharges of Dredged and Fill Material into State Waters.
(b) Compensatory mitigation means the restoration, reestablishment,
rehabilitation, establishment, creation, enhancement, or preservation of state waters for the purpose of offsetting unavoidable adverse impacts that remain after all appropriate and practicable avoidance and minimization has been achieved.
(c) Consultation means to give a federal, state, local, or tribal entity the
opportunity to provide special expertise to authorization processes and technical groups, act as a cooperating agency, or engage as mutually agreed by the division and the entity.
(d) (I) Discharge of dredged or fill material means, except as described in
subsection (3)(d)(II) of this section, any addition of dredged or fill material into, including redeposit of dredged or fill material other than incidental fallback within, state waters. The term includes:
(A) The addition of dredged or fill material to a specified discharge site
located in state waters;
(B) Runoff or overflow from a contained land or water disposal area; and
(C) Any addition, including redeposit other than incidental fallback, of
dredged or fill material into state waters that is incidental to any activity, including mechanized land clearing, ditching, channelization, or other excavation.
(II) Discharge of dredged or fill material does not include:
(A) Discharges of pollutants into state waters resulting from the onshore
processing of dredged material that is extracted for any commercial use other than fill, which discharges are subject to section 402 of the federal act, even though the extraction and deposit of such material may require a section 404 permit or an authorization issued pursuant to this section;
(B) Activities that involve only the cutting or removing of vegetation above
the ground, such as mowing, rotary cutting, and chainsawing, so long as the activity neither substantially disturbs the vegetation's root system nor involves mechanized pushing, dragging, or other similar activities that redeposit excavated soil material; or
(C) Incidental fallback.
(e) (I) Discharge of fill material means, except as described in subsection
(3)(e)(II) of this section, the addition of fill material into state waters. The term includes:
(A) Placement of fill material that is necessary for the construction of any
structure or infrastructure in state waters;
(B) The building of any structure, infrastructure, or impoundment requiring
rock, sand, dirt, or other material for its construction;
(C) Site development fills for recreational, industrial, commercial, residential,
or other uses;
(D) Causeways or road fills;
(E) Dams and dikes;
(F) Artificial islands;
(G) Property protection or reclamation devices such as riprap;
(H) Levees;
(I) Placement of fill material for infrastructure such as sewage treatment
facilities, intake and outfall pipes associated with power plants, and subaqueous utility lines;
(J) Placement of fill material for construction or maintenance of any liner,
berm, or other infrastructure associated with solid waste landfills; and
(K) Placement of overburden, slurry, tailings, or similar mining-related
materials.
(II) Discharge of fill material does not include:
(A) Plowing, cultivating, seeding, or harvesting for the production of food,
fiber, or forest products; or
(B) Placement of pilings in state waters, unless the placement has or would
have the effect of a discharge of fill material. Placement of pilings for linear projects, such as bridges, elevated walkways, and power line structures, generally does not have the effect of a discharge of fill material. Furthermore, placement of pilings in state waters for a pier, a wharf, or an individual house on stilts generally does not have the effect of a discharge of fill material. Examples of activities that would have the effect of a discharge of fill material include projects where the pilings are so closely spaced that sedimentation rates would be increased, projects in which the pilings themselves effectively would replace the bottom of a body of state waters, projects involving the placement of pilings that would reduce the reach or impair the flow or circulation of state waters, and projects involving the placement of pilings that would result in the adverse alteration or elimination of aquatic functions.
(f) Drainage ditch means a ditch that is designed for at least the partial
purpose of increasing drainage of a particular land area or infrastructure for purposes including agriculture; transportation, including roadside and railroad transportation; mosquito abatement; and stormwater management.
(g) Dredge and fill activity means an activity that includes the discharge of
dredged or fill material.
(h) Dredge and fill program means the regulatory dredge and fill discharge
authorization program described by this section, including the rules promulgated by the commission, as administered by the division pursuant to this section.
(i) Dredged material means material that is excavated or dredged from
state waters.
(j) Dredged or fill material means dredged material or fill material.
(k) Ecological lift means an improvement in the biological health, as well as
the chemical, geomorphic, or hydrologic health, of an area that has been damaged, degraded, or destroyed.
(l) Fens or peatlands means wetlands with organic soil that are classified
as a histosol in the guidance document titled Field Indicators of Hydric Soils in the United States published by the federal natural resources conservation service.
(m) (I) Fill material means, except as described in subsection (3)(m)(III) of
this section, material placed in state waters where the material has the effect of:
(A) Replacing any portion of state waters with upland; or
(B) Changing the bottom elevation of any portion of any state waters.
(II) Fill material includes rock, sand, soil, clay, plastics, construction debris,
wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure in state waters.
(III) Fill material does not include solid waste.
(n) Isolated ordinary high watermark reaches means reaches of state
waters with an ordinary high watermark that are bordered upstream and downstream by uplands.
(o) Isolated ponds and impoundments means ponds and impoundments
that are not within the one-hundred-year floodplain or within one thousand five hundred feet of an ordinary high watermark of other state waters. In the absence of one-hundred-year floodplain mapping by the federal emergency management agency, the one thousand five hundred feet distance criterion applies.
(p) Isolated wetlands means wetlands wholly surrounded by uplands.
Isolated wetlands does not include wetlands where any portion of the wetland is within the one-hundred-year floodplain or within one thousand five hundred feet of the ordinary high watermark of other state waters. In the absence of one-hundred-year floodplain mapping by the federal emergency management agency, the one thousand five hundred feet distance criterion applies.
(q) Kettle ponds means lakes, ponds, or wetlands located within a formerly
glaciated landscape and formed by ice blocks left by a retreating glacier.
(r) Ordinary high watermark means that line on the shore established by
the fluctuations of water and indicated by physical characteristics, such as:
(I) A clear, natural line impressed on the bank;
(II) Shelving;
(III) Changes in the character of soil;
(IV) Destruction of terrestrial vegetation;
(V) The presence of litter and debris; or
(VI) Other appropriate means that consider the characteristics of the
surrounding area.
(s) Section 404 permit means a permit issued by the United States Army
corps of engineers pursuant to section 404 of the federal act. The term includes an individual permit, activities authorized by a nationwide or regional permit, and a letter of permission issued in accordance with regulations of the United States Army corps of engineers.
(t) State waters has the meaning set forth in section 25-8-103 (19).
(u) Upland means any land area that, under normal circumstances, is not a
wetland and does not lie below the ordinary high watermark.
(v) Wetlands means areas that are inundated or saturated by surface or
groundwater at a frequency and for a duration sufficient to support, under normal circumstances, a prevalence of vegetation typically adapted for life in saturated soil conditions.
(4) Duties of the commission. (a) (I) Rules for state dredge and fill
discharge authorization program - definition. The commission shall promulgate rules by December 31, 2025, as necessary to implement a state dredge and fill discharge authorization program. The rules must focus on avoidance and minimization of adverse impacts and on compensation for unavoidable adverse impacts of dredge and fill activity and must incorporate the guidelines developed pursuant to section 404 (b)(1) of the federal act.
(II) The rules promulgated pursuant to subsection (4)(a)(I) of this section
must include:
(A) Procedures for the issuance, modification, and termination of individual
and general authorizations, including public notice and participation requirements;
(B) The duration of authorizations; except that the duration of an
authorization must not exceed five years;
(C) The establishment of authorization fees that will be utilized to implement
the program pursuant to section 25-8-210;
(D) Details concerning the division's consultation with federal, state, local,
and tribal entities, especially those entities with special expertise with respect to any environmental-, natural resource-, or agriculture-related issue; and
(E) An exemption for voluntary stream restoration efforts in ephemeral
streams that do not require compensatory mitigation and are designed solely to provide ecological lift where the activity is taking place. As used in this subsection (4)(a)(I)(E), ephemeral stream means a stream channel or a reach of a stream channel that carries flow during, and for a short duration as the direct result of, precipitation events and that has a channel bottom that is always above the groundwater table.
(III) The rules promulgated pursuant to subsection (4)(a)(I) of this section
may include:
(A) Further minor clarification of the terminology used to define the
exemptions and exclusions in subsections (8)(b) and (8)(d) of this section without limiting or expanding the scope of the exemptions and exclusions; and
(B) A deadline shorter than two years for the division to act upon a complete
application for an individual authorization for projects that involve minimal to moderate costs and have minimal water quality impacts or limited potential water quality impacts.
(IV) (A) In promulgating the rules described in subsection (4)(a)(I) of this
section, the commission shall ensure that the rules are as protective as the guidelines set forth in section 404 (b)(1) of the federal act and in effect as of May 29, 2024.
(B) If the commission finds, based on a demonstration at a public rulemaking
hearing, that the guidelines set forth in section 404 (b)(1) of the federal act are not protecting state waters, the commission shall amend its rules or adopt new rules to protect state waters. Such a hearing may be initiated by the commission upon its own motion or upon a petition from the division. Any interested person may petition to the commission to initiate a hearing, and the commission may grant or deny such a request.
(C) The commission's findings to support any changes to its rules must be
based on sound scientific or technical evidence in the record demonstrating that rules more protective than the guidelines set forth in section 404 (b)(1) of the federal act are necessary to protect the chemical, physical, and biological integrity of state waters. The findings must be accompanied by a statement of basis and purpose referring to and evaluating the information and studies contained in the record, which form the basis for the commission's conclusion.
(b) Rules for individual authorizations. The commission shall promulgate
rules by December 31, 2025, concerning individual authorizations for dredge and fill activities. The rules must include:
(I) Application requirements, including:
(A) Project location information;
(B) A project description, including site plans;
(C) An alternatives analysis;
(D) A purpose and need statement;
(E) A description of avoidance and minimization measures;
(F) A projected impacts analysis; and
(G) A compensatory mitigation plan;
(II) A prohibition against the discharge of dredged or fill material where
there is a practicable alternative to the proposed discharge that would have less adverse impact on state waters so long as the alternative does not have other significant adverse environmental consequences. Any purpose and need statement, evaluation of alternatives, and impacts analysis developed through the section 404 permitting process shall be used for the purpose of implementing this prohibition. The rules must also include criteria for the division to use to implement the prohibition.
(III) Direction to the division to include conditions in individual authorizations,
which conditions are designed to:
(A) Remove or reduce the impact to state waters of a discharge of dredged
or fill material;
(B) Protect downstream uses;
(C) Address the direct, indirect, and cumulative impacts of the activity on the
chemical, physical, and biological integrity of state waters; and
(D) Ensure that an authorized activity as a whole will comply with all
applicable state water quality requirements, either as proposed or as conditioned in the authorization; and
(IV) Other individual authorization terms, such as monitoring, record-keeping,
and reporting requirements.
(c) Rules for compensatory mitigation. The commission shall promulgate
rules by December 31, 2025, to provide details concerning compensatory mitigation requirements, including methods for assuring impacts to wetlands and streams are fully compensated through functional assessments and ratios that can be applied through individual mitigation projects or by applying acre-based ratios using the watershed approach as described by the United States Army corps of engineers.
(5) Duties of the division. The division has the following duties in
administering the state dredge and fill discharge authorization program:
(a) Individual authorizations. (I) Upon the commission's promulgation of
rules pursuant to subsection (4) of this section, the division shall issue individual authorizations consistent with the rules promulgated by the commission under subsection (4) of this section.
(II) In addition to any compensatory mitigation requirements the division
determines are necessary to comply with the commission's rules and subsection (5)(c) of this section, for projects subject to the requirements of section 37-60-122.2 (1)(b), the division shall take into consideration the official state position regarding mitigation for fish and wildlife resources, which position is established pursuant to section 37-60-122.2 (1), and may adopt all or part of such position into individual authorizations as conditions.
(III) The division shall act upon an application for an individual authorization
within two years after receiving a complete application. This period may be extended by a written agreement between the division and the applicant. This period may also be extended by the division if there are significant changes to the project that is the subject of the application or if there is significant new information concerning the environmental impacts of the project, in which case the division shall provide notice to the applicant of the extension in writing along with an explanation of the basis for the extension.
(IV) An individual authorization, including all conditions incorporated into the
individual authorization, is subject to administrative reconsideration by the commission under section 25-8-403 and then judicial review under section 25-8-404.
(b) General authorizations - categories - definitions. (I) In addition to the
division's authority in subsection (5)(b)(III) of this section to issue a statewide general authorization for discharges to isolated state waters, the division shall issue general authorizations for the discharge of dredged or fill material into state waters for categories of activities that are similar in nature and similar in impact on the quality of state waters, cause only minimal adverse impacts to state waters when performed separately, and have only minimal cumulative adverse impacts on state waters. The categories of general authorizations must correspond with the various nationwide and regional permits issued by the United States Army corps of engineers. The division may tailor the terms of certain nationwide or regional permits or create additional general authorizations to achieve greater efficiency and to address Colorado-specific needs, including but not limited to emergency response to wildfire and voluntary ecological restoration and enhancement projects.
(II) Beginning January 1, 2025, until the rules described in subsection (4) of
this section are promulgated and the division issues general authorizations under the rules, the nationwide and regional general permits issued by the United States Army corps of engineers, as such permits apply to Colorado and subject to subsections (8)(b) and (8)(d) of this section, constitute valid authorizations to discharge dredged or fill material into state waters that are not subject to federal jurisdiction. The division shall recognize compliance with the applicable terms of the nationwide and regional general permits as constituting compliance with this section. Beginning January 1, 2025, an applicant seeking authorization for discharges of dredged or fill material into state waters that are not subject to federal jurisdiction shall submit to the division any preconstruction notification required under the applicable nationwide or regional general permit. If the applicable nationwide or regional general permit requires compensatory mitigation, the applicant shall obtain a temporary authorization from the division pursuant to subsection (6)(a)(II) of this section before the commencement of the activity.
(III) (A) As expeditiously as is prudent and feasible, the division shall issue a
statewide general authorization for discharges to isolated state waters. For purposes of this subsection (5)(b)(III), isolated state waters are isolated wetlands, isolated ponds and impoundments, and isolated ordinary highwater mark reaches.
(B) The division's statewide general authorization for discharges to isolated
state waters does not include the following state waters, which may be isolated state waters: Fens or peatlands or kettle ponds. Discharges of dredged or fill material to these isolated state waters of significance require an authorization by the division as described in subsection (5)(a), (5)(b)(I), or (5)(b)(II) of this section.
(C) The division's statewide general authorization for discharges to isolated
state waters must identify best management practices to protect isolated state waters. The statewide general authorization for discharges to isolated state waters must not require preconstruction notification as described in subsection (5)(d) of this section.
(D) The division's statewide general authorization for discharges to isolated
waters must not authorize a project where the entire project's unavoidable adverse impacts exceed one-tenth of an acre of wetlands or three-hundredths of an acre of streambed. A project in excess of one of these thresholds requires a permit by the division as described in subsection (5)(a), (5)(b)(I), or (5)(b)(II) of this section.
(E) If the division issues the statewide authorization for discharges to
isolated state waters described in this subsection (5)(b)(III) prior to the commission's rule-making described in subsection (4) of this section, the division shall notice the draft general authorization for public comment for sixty days prior to its issuance. The statewide general authorization for discharges to isolated state waters is subject to administrative review by the commission pursuant to section 25-8-403.
(F) The authorization term of the statewide general authorization for
discharges to isolated state waters is five years.
(IV) General authorizations issued by the division are subject to
administrative reconsideration by the commission under section 25-8-403; except that notices of authorization to conduct an activity under a general authorization are not subject to such administrative reconsideration but are subject to judicial review under section 25-8-404.
(c) Compensatory mitigation requirements. (I) The division shall include
compensatory mitigation requirements in all individual authorizations and in general authorizations where the division determines that the proposed discharge of dredged or fill material will result in:
(A) Greater than one-tenth of an acre of unavoidable adverse impacts to
wetlands; or
(B) Greater than three-hundredths of an acre of unavoidable impacts to
streams.
(II) Compensatory mitigation must compensate for all functions of state
waters that will be lost as a result of the authorized activity. Compensatory mitigation may be accomplished through the purchase of mitigation bank credits, an in-lieu fee program, or permittee-responsible mitigation.
(d) Preconstruction notifications. The division shall utilize the existing
structure of preconstruction notifications in the nationwide and regional permits issued by the United States Army corps of engineers, including general authorizations for categories of activities that do not require preconstruction notification. Where preconstruction notification is required by a general authorization before the commencement of an activity, the project proponent must provide at least thirty calendar days of preconstruction notice to the division unless a shorter notice is allowed under the terms of the applicable general authorization. After providing such preconstruction notification, the project proponent may commence the activity if:
(I) The division issues to the project proponent a notice of authorization in
writing that the project proponent may commence the activity; or
(II) Forty-five calendar days elapse without the division providing the project
proponent a notice of written objection to the activity or providing a notice that the division has determined the notification is incomplete, the activity does not meet the criteria for the category of activities covered by the general authorization, or the activity will not comply with all applicable federal and state statutory and regulatory requirements. A notice of written objection provided to a project proponent by the division must state the basis of the division's objections with specificity, is subject to direct judicial review under section 25-8-404, and is not subject to administrative reconsideration under section 25-8-403.
(e) Notices of authorization. The division may issue notices of authorization,
where appropriate, to memorialize coverage under a general authorization. The division may include conditions in notices of authorization, on a case-by-case basis, to clarify the terms and conditions of a general authorization or to ensure that the activity will have only minimal individual and cumulative adverse impacts on state waters.
(f) Administrative guidance. The division may establish guidance to assist in
administering the dredge and fill discharge authorization program. Additionally, the division may rely upon relevant guidance from the federal environmental protection agency and the United States Army corps of engineers, including technical guidance and environmental analyses under the federal National Environmental Policy Act of 1969, 42 U.S.C. sec. 4231 et seq., as amended, in administering the program, to the extent such guidance is consistent with this section and the commission's rules.
(g) Western slope staff. The division may, to the extent resources allow,
establish one or more staff positions in the western slope region of the state to assist with dredge and fill program administration in that geographic area.
(6) Transition - repeal. (a) Until the rules promulgated by the commission
pursuant to subsection (4) of this section become effective and the division issues general authorizations under the rules:
(I) Notwithstanding subsection (8)(a) of this section, Clean Water Policy 17
continues in effect until January 1, 2025;
(II) For activities that do not qualify for enforcement discretion under Clean
Water Policy 17 because the activities would require compensatory mitigation, and for activities that proceed under a federal nationwide or regional permit pursuant to subsection (5)(b)(II) of this section and that require compensatory mitigation, the division may issue temporary authorizations for the discharge of dredged or fill material into state waters:
(A) Where any required compensatory mitigation is associated only with
streams and not wetlands and would result in net increases in the functions and services of state waters; or
(B) Where the applicant shows proof of purchase of mitigation bank credits
that meet or exceed the compensatory mitigation requirements that would have been applicable under the federal nationwide or regional permit; and
(III) Temporary authorizations must include conditions necessary to protect
the public health and the environment and to meet the intent of this section. The division may issue a temporary authorization for a period not to exceed two years, and a temporary authorization expires as provided in the issuance or denial of the final notice of authorization. The final notice of authorization must include such terms and conditions, including those for compensatory mitigation, as are necessary to address discharges that occurred under the temporary authorization.
(b) This subsection (6) is repealed, effective September 1, 2026.
(7) Relationship to section 25-8-104. The rules promulgated pursuant to
this section are subject to, and do not amend or limit, the restrictions described in section 25-8-104.
(8) Applicability and scope of dredge and fill discharge authorization
program - prohibitions on discharge without an authorization - definitions. (a) Except when conducting an exempted activity described in subsection (8)(b) of this section or when discharging into an excluded type of water described in subsection (8)(d) of this section, a person shall not discharge dredged or fill material into state waters without first obtaining coverage under a general authorization or an individual authorization for the discharge.
(b) The following activities are exempt from the requirements of this section
and do not require a discharge authorization:
(I) Activities in receipt of an active section 404 permit that was issued prior
to May 25, 2023;
(II) Activities in receipt of an approved jurisdictional determination issued by
the United States Army corps of engineers prior to May 25, 2023, finding that the state waters into which the proposed discharge of dredged or fill material will occur are not waters of the United States unless there has been a significant hydrological change since the determination was issued;
(III) Activities in receipt of an active section 404 permit that was issued on or
after May 25, 2023, except to the extent that the project area of the section 404 permit involves a discharge of dredged or fill material into state waters that have been determined by the United States Army corps of engineers to not be waters of the United States under the section 404 permit and are not otherwise excluded under this section;
(IV) Activities associated with a project for which the project proponent
applied for an individual section 404 permit prior to May 25, 2023;
(V) Normal farming, silviculture, and ranching activities, such as plowing;
seeding; cultivating; minor drainage; application of on-farm chemicals; harvesting for the production of food, fiber, and forest products; or upland soil and water conservation practices. As used in this subsection (8)(b)(V), upland soil and water conservation practices means any discharge of dredged or fill material into state waters incidental to soil and water conservation practices for the purpose of improving, maintaining, or restoring uplands, including rangeland management practices, erosion control practices, and vegetation management practices.
(VI) Maintenance, including emergency reconstruction of recently damaged
parts, of currently serviceable structures, such as dikes, dams, levees, lagoons, groins, riprap, breakwaters, causeways, bridge abutments or approaches, and transportation structures. Maintenance also includes minor deviations in a structure's configuration or filled area to accommodate changes in materials, construction techniques, regulatory requirements, or construction codes or safety standards.
(VII) Construction or maintenance of farm ponds, stock ponds, farm lagoons,
springs, recharge facilities located in uplands, and irrigation ditches or acequias, or maintenance of a drainage ditch, roadside ditch, or a ditch or canal conveying wastewater or water. Construction of new work or to extend, expand, or relocate an irrigation ditch or acequia for municipal or industrial purposes is not an exempt activity. As used in this subsection (8)(b)(VII):
(A) Construction includes new work and work that results in an extension
or expansion of an existing structure, and the construction of irrigation ditches or acequias includes activities such as placement of new control structures, ditch relocation, ditch conversion into pipe, and lining, which means placing impervious material such as concrete, clay, or geotextile within the flow perimeter of an open canal, lateral, or ditch with the intent of reducing seepage losses and improving conveyance efficiency. All new lining of ditches, in instances where the ditch has not previously been lined, is considered construction.
(B) Irrigation ditch or acequia includes a human-made feature or a
maintained natural feature if use of the maintained natural feature existed on January 1, 2024, and an upland swale that moves or conveys water to an ultimate irrigation use or place of use, or moves or conveys irrigation water, also known as runoff, away from irrigated lands. Irrigation ditch or acequia may include a distribution system or its parts, including human-made canals, laterals, ditches, siphons, pumps, headgates, wing walls, weirs, diversion structures, pipes, pump systems, return structures, and such other facilities appurtenant to and functionally related to irrigation ditches. If a ditch carries water that is used for irrigation, irrigation return flows or return flow obligations, aquifer recharge, aquifer or stream augmentation or replacement, or precipitation or snowmelt that moves from an irrigated field either to or away from an area subject to being irrigated, that ditch is considered an irrigation ditch and not a drainage ditch.
(C) Maintenance means maintenance pertaining to a human-made
structure, such as a farm pond, stock pond, or maintained spring, or a maintained natural feature conveying water for irrigation or wildlife purpose if use of the maintained natural feature existed as of January 1, 2024; maintenance pertaining to a drainage ditch, a roadside ditch, or a ditch or canal conveying wastewater or water for irrigation or for municipal purposes, domestic purposes, industrial purposes, commercial purposes, augmentation, recharge, wildlife, recreation, compact compliance, or any other purpose; and maintenance pertaining to repairs to an existing structure or feature to keep it in its existing state or proper condition or to preserve it from failure or decline. Such maintenance includes excavation of accumulated sediments back to original contours; reshaping of side-slopes; bank stabilization to prevent erosion where reasonably necessary using best management practices and, for maintenance of drainage ditches, materials that are compatible with existing bank materials; armoring, lining, and piping for the purpose of repairing a previously armored, lined, or piped section of a ditch so long as all work occurs within the footprint of the previous work; and replacement of existing control structures where the original function is not changed and original approximate capacity is not increased.
(VIII) Construction of temporary sedimentation basins on a construction site,
which construction does not include placement of fill material into state waters;
(IX) Construction or maintenance of farm roads or forest roads or temporary
roads for moving wildfire and post-fire mitigation equipment and related materials or mining equipment where such roads are constructed and maintained, in accordance with best management practices, to assure that flow and circulation patterns and chemical and biological characteristics of the state waters are not impaired, that the reach of the state waters is not reduced, and that any adverse impacts on the state waters will be otherwise minimized;
(X) Activities for the purpose of providing emergency response to,
preventative mitigation of, or recovery from damage caused by a fire, a flood, or other natural disaster so long as the activity is conducted in a manner that minimizes the loss of state waters to the extent practicable and in accordance with best management practices that do not interfere with efforts to address the underlying emergency;
(XI) Maintenance of water reuse facilities, wastewater reclamation facilities,
water management facilities, water treatment facilities, or wastewater water treatment facilities. Such maintenance includes reconstruction due to recent damage or maintenance of currently serviceable structures, such as pumps, control systems, weirs, gates, clarifiers, solids handling, filters, sedimentation basins, treatment ponds and lagoons, and related features, which maintenance activities keep the facility in its existing state or proper condition to preserve it from failure or decline.
(XII) Maintenance activities in off-channel reservoirs that do not directly
affect a connected natural stream. Such maintenance includes emergency reconstruction due to recent damage; maintenance of currently serviceable structures such as spillways, outlet structures, gates, pumps, and control systems; and reshaping of side slopes, bank stabilization, or dredging, which maintenance activities keep an off-channel reservoir in its existing state or proper condition and to preserve it from failure or decline.
(XIII) Wildlife habitat management activities, including seeding, cultivating,
minor drainage, vegetation management, irrigating, water management, and maintenance of ditches, dikes, embankments, impoundments, water control features, and other water conveyance features that are human-made or maintained or that occur naturally to support wildlife habitat. Wildlife habitat management means activities that occur on land managed primarily for wetland or riparian habitats to support wetland and riparian species and does not include activities that are incidental to land used for residential, industrial, or commercial purposes.
(c) Recapture provision - rules. Consistent with section 404 (f)(2) of the
federal act, any discharge of dredged or fill material into state waters incidental to any activity that brings an area of the state waters into a use to which it was not previously subject, where the flow or circulation of state waters may be impaired or where the reach of such waters may be reduced, is not included within the exempted activities described in subsection (8)(b) of this section. The commission may further clarify the effect of this subsection (8)(c) through rule-making.
(d) Excluded types of waters - definitions. Notwithstanding the definition of
state waters provided in section 25-8-103 (19), an authorization is not required for the discharge of dredged or fill material into the following types of waters, and such a discharge is not otherwise prohibited or regulated under this section:
(I) All portions of ditches and canals that are excavated on upland and that
convey water or wastewater;
(II) Storm water control features that are constructed to convey, treat, or
store storm water and that are created in upland;
(III) Artificially irrigated areas that would revert to uplands if irrigation
ceased;
(IV) Artificial lakes, lagoons, or ponds that are created entirely by excavating
or diking upland to collect and retain water and that are used exclusively for stock watering, irrigation, settling basins, or rice growing;
(V) Wetlands that are adjacent to a ditch or canal and supported by water in
the adjacent ditch or canal;
(VI) Recharge facilities, including ponds, included in uplands for the purpose
of facilitating recharge of aquifers or streams;
(VII) Artificial reflecting or swimming pools or other small ornamental bodies
of water created by excavating or diking upland to retain water for primarily aesthetic reasons;
(VIII) Water-filled depressions created in uplands incidental to mining or
construction activity and pits excavated in uplands for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting water feature is state waters;
(IX) Swales and erosional features, such as gullies, small washes, and rills,
that do not contain wetlands or an ordinary high watermark;
(X) Groundwater. As used in this subsection (8)(d)(X), groundwater means
subsurface waters in a zone of saturation that are or can be brought to the surface of the ground or to surface waters through wells, springs, seeps, or other discharge areas. Groundwater does not include wetlands.
(XI) Prior converted cropland. As used in this subsection (8)(d)(XI), prior
converted cropland means any area that, prior to December 23, 1985, was drained or otherwise manipulated for agricultural purposes, which includes land use that makes the production of an agricultural product possible, including grazing and haying. Cropland that is left idle or fallow for conservation or agricultural purposes for any period of time remains in agricultural use and, if the cropland otherwise qualifies under this subsection (8)(d)(XI), is prior converted cropland. The commission and the division shall recognize designations of prior converted cropland made by the United States secretary of agriculture. An area is no longer considered prior converted cropland if the area is abandoned and has reverted to wetlands. Abandonment occurs when prior converted cropland is not used for, or in support of, agricultural purposes at least once in the immediately preceding five years. The division shall determine whether prior converted cropland has been abandoned, subject to appeal to the commission.
(9) For the 2024-25 state fiscal year and for each state fiscal year
thereafter, if the total number of authorizations issued pursuant to subsection (5) of this section exceeds or is projected by the department of public health and environment to exceed one hundred ten authorizations, the department of public health and environment shall seek a supplemental appropriation from the general assembly to pay the costs of processing the authorizations and to ensure that authorizations are processed in a timely manner.
Source: L. 2024: Entire section added, (HB 24-1379), ch. 274, p. 1805, � 2,
effective May 29.
C.R.S. § 25-8-301
25-8-301. Administration of water quality control programs. (1) The department of public health and environment shall administer and enforce the water quality control programs adopted by the commission.
(2) In furtherance of such responsibility of the department, the executive
director shall maintain within the division a separate water quality control agency.
(3) The director of said water quality control agency shall be employed
pursuant to section 13 of article XII of the state constitution. He or she shall be a licensed professional engineer or have a graduate degree in engineering or other specialty dealing with the problems of pollution and shall also have appropriate practical and administrative experience related to such problems. Such person shall not be the administrator employed pursuant to section 25-8-202 (4).
(4) The division shall act as staff to the commission in commission
proceedings other than adjudicatory or appellate proceedings in which the division is a party.
Source: L. 81: Entire article R&RE, p. 1320, � 1, effective July 1. L. 94: (1)
amended, p. 2789, � 520, effective July 1. L. 2004: (3) amended, p. 1312, � 59, effective May 28.
Cross references: For the legislative declaration contained in the 1994 act
amending subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994.
C.R.S. § 25-8-501
25-8-501. Permits required for discharge of pollutants - administration. (1) No person shall discharge any pollutant into any state water from a point source without first having obtained a permit from the division for such discharge, and no person shall discharge into a ditch or man-made conveyance for the purpose of evading the requirement to obtain a permit under this article. No person covered by this article shall use or dispose of biosolids, except as authorized by regulations that shall not be more restrictive than the requirements adopted for solid wastes disposal sites and facilities pursuant to part 1 of article 20 of title 30, C.R.S., except as necessary to be consistent with section 405 of the federal act. Existing authorization for the use or disposal of biosolids shall continue until permits are issued in accordance with this part 5. Each application for a permit duly filed under the federal act shall be deemed to be a permit application filed under this article, and each permit issued pursuant to the federal act shall be deemed to be a temporary permit issued under this article which shall expire upon expiration of the federal permit.
(2) (a) The division shall examine applications for and may issue, suspend,
revoke, modify, deny, and otherwise administer permits for the discharge of pollutants into state waters and for the use and disposal of biosolids. The administration shall be in accordance with this article 8 and rules adopted by the commission. Until modified pursuant to this article 8, final permits shall be governed by their existing limitations.
(b) Upon receipt of an application to modify a permit, the division shall limit
its review and, as appropriate, its approval or denial of the application, to the scope of the specific requests contained in the application.
(3) The commission shall promulgate such regulations as may be necessary
and proper for the orderly and effective administration of permits for the discharge of pollutants, which regulations shall include, but not be limited to, procedures for the issuance of a variance pursuant to section 25-8-503 (4), and shall also require that, in appropriate circumstances, the effluent limitations contained in a permit shall be adjusted to account for the pollutants contained in the discharger's intake water. Such regulations shall be consistent with the provisions of this article and with federal requirements and shall be in furtherance of the policy contained in section 25-8-102. Such regulations shall establish a permit process that allows permit conditions to remain in effect as long as circumstances dictate those conditions. In order to comply with federal requirements, but not to lessen compliance with federal standards, such permit process may require periodic renewal of permits even where minimal or no changes in the permit conditions are necessary. Renewal shall be required where more than minimal changes in permit conditions are necessary. The regulations may pertain to and implement, among other matters, permit and permit application contents, procedures, requirements, and restrictions with respect to the following:
(a) Identification and address of the owner and operator of the activity,
facility, or process from which the discharge is to be permitted;
(b) Location and quantity and quality characteristics of the permitted
discharge;
(c) Effluent limitations and conditions for treatment prior to discharge to a
publicly owned treatment works;
(d) Monitoring as well as record-keeping and reporting requirements
consistent with standard procedures and methods established by the division;
(e) Schedules of compliance;
(f) Procedures to be followed by division personnel for entering and
inspecting premises;
(g) Submission of pertinent plans and specifications for the facility, process,
or activity which is the source of a waste discharge;
(h) Restrictions on transfers of the permit;
(i) Procedures to be followed in the event of expansion or modification of the
process, facility, or activity from which the discharge occurs or the quality, quantity, or frequency of the discharge;
(j) Duration of the permit and renewal procedures using a risk-based
approach that limits the amount of work required to renew permits that have minimal or no changes in the permit conditions to streamline the renewal process;
(k) Authority of the division to require changes in plans and specifications for
control facilities as a condition for the issuance of a permit;
(l) Identification of control regulations over which the permit takes
precedence and identification of control regulations over which a permit may never take precedence;
(m) Notice requirements of any intent to construct, install, or alter any
process, facility, or activity that is likely to result in a new or altered discharge;
(n) Effectiveness under this article of permit applications submitted to and
permits issued by the federal government under the federal act.
(4) Nothing in any permit shall ever be construed to prevent or limit the
application of any emergency power of the division.
(5) Every permit issued for a domestic wastewater treatment works shall
contain such terms and conditions as the division determines to be necessary or desirable to assure continuing compliance with applicable control regulations. Such terms and conditions may require that whenever deemed necessary by the division to assure such compliance the permittee shall:
(a) Require pretreatment of effluent from industrial, governmental, or
commercial facilities, processes, and activities before such effluent is received into the gathering and collection system of the permittee;
(b) Prohibit any connection to any municipal permittee's interceptors and
collection system that would result in receipt by such municipal permittee of any effluent other than sewage required by law to be received by such permittee;
(c) Include specified terms and conditions of its permit in all contracts for
receipt by the permittee of any effluent not required to be received by a municipal permittee;
(d) Initiate engineering and financial planning for expansion of the domestic
wastewater treatment works whenever throughput and treatment reaches eighty percent of design capacity;
(e) Commence construction of such domestic wastewater treatment works
expansion whenever throughput and treatment reaches ninety-five percent of design capacity or, in the case of a municipality, either commence such construction or cease issuance of building permits within such municipality until such construction is commenced; except that building permits may continue to be issued for any construction which would not have the effect of increasing the input of domestic wastewater to the sewage treatment works of the municipality involved. The term commence construction, as used in this paragraph (e), includes execution of, and commencement of work under, contracts for engineering design, plans, and specifications for erection, building, alteration, remodeling, improvement, or extension of treatment works and commitment to the completion of construction of such treatment works prior to exceeding permit effluent limitations based upon facility design and capacity or execution of a contract for the construction thereof.
(6) Inclusion of the requirements authorized by paragraph (d) of subsection
(5) of this section shall be presumed unnecessary to assure compliance upon a showing that the area served by a domestic wastewater treatment works has a stable or declining population; but this provision shall not be construed as preventing periodic review by the division should it be felt that growth is occurring or will occur in the area.
Source: L. 81: Entire article R&RE, p. 1326, � 1, effective July 1. L. 83: (5)(e)
amended, p. 1074, � 1, effective June 10. L. 85: (2) amended, p. 909, � 10, effective June 4. L. 93: (1) and (2) amended, p. 1579, � 3, effective July 1. L. 2001: IP(3) and (3)(j) amended, p. 41, � 1, effective July 1. L. 2025: (2) amended, (SB 25-305), ch. 429, p. 2476, � 2, effective June 4.
Cross references: For circumstances resulting in the repeal of this section,
see � 25-8-507.
C.R.S. § 26-1-122.3
26-1-122.3. Public assistance programs - county administration - data collection and analysis - vendor contract. (1) (a) The state department shall contract with an external vendor to collect and analyze data relating to county department costs and performance associated with administering public assistance programs, including:
(I) The supplemental nutrition assistance program, established in part 3 of
article 2 of this title;
(II) The medical assistance program, established in articles 4, 5, and 6 of title
25.5, C.R.S.;
(III) The children's basic health plan, established in article 8 of title 25.5,
C.R.S.;
(IV) The Colorado works program, established in part 7 of article 2 of this
title;
(V) The program for aid to the needy disabled, pursuant to article 2 of this
title;
(VI) The old age pension program, pursuant to part 1 of article 2 of this title;
and
(VII) Long-term care services, pursuant to article 6 of title 25.5, C.R.S.
(b) The contracted vendor's data collection and data analysis shall provide
the general assembly, executive agencies, county departments, and public assistance program stakeholders with the following information that may be used to make targeted program improvements:
(I) The status of each county department in meeting performance measures
for administering public assistance programs;
(II) An inventory of relevant county department activities, including, among
others, application initiation, interactive interviews, and case reviews, and the purpose of the activities, which may include compliance with federal or state law;
(III) An assessment of administrative work not yet completed by each county
department and the cause of any delay in completing the work;
(IV) The amount of time spent by each county department on each activity;
(V) The cost incurred by each county department, including staff and
operating costs, relating to each activity and each client;
(VI) Any variances among county departments with respect to the cost
incurred, time associated with each activity, and return on investment, and the source of those variances;
(VII) The relationship, if any, between the time and cost associated with each
activity and the county department's performance with respect to the performance standards for the public assistance program;
(VIII) The level of total county department funding needed to meet the
county department's required workload relating to the administration of public assistance programs for which data is collected and analyzed pursuant to this section. This information must include the total county department funding needed for current business processes and the total county department funding needed if all county departments implement best practices and business reengineering concepts adopted by peer counties found to operate in the most cost-effective manner while meeting performance measures.
(IX) Business process improvements that contribute to a county
department's decreased time or costs associated with each activity and to a county department's ability to meet or exceed the performance standards for the public assistance program, including improvements associated with previous state-funded business process reengineering initiatives; and
(X) Options for a cost allocation model for the distribution of state funding to
county departments for administering public assistance programs identified in paragraph (a) of this subsection (1).
(2) In order to ensure that the data collection and analysis contracted for
pursuant to subsection (1) of this section yields information that is beneficial for its intended uses, prior to contracting with an external vendor for data collection and analysis, the state department shall contract with an external consultant to work with program administrators, fiscal agents, and program stakeholders to identify the scope of the data collection and analysis to be performed pursuant to this section.
(3) In collaboration with the county departments, the state department shall
design a continuous quality improvement program that, at a minimum, solicits feedback from the employees of the county departments to identify incremental and breakthrough continuous improvements that should be implemented to improve the products, services, and processes associated with the administration of public assistance programs. The state department shall provide a description of the program to the joint budget committee by February 1, 2017.
Source: L. 2016: Entire section added, (SB 16-190), ch. 201, p. 710, � 2,
effective June 1.
C.R.S. § 28-3-1602
28-3-1602. Establishment of National Guard facilities - rules - budget request - legislative declaration. (1) (a) If rights to the property described in section 28-3-1603 are transferred to the department, the general assembly hereby authorizes the establishment and maintenance of National Guard facilities located adjacent to the western slope military veterans' cemetery. The guard facilities shall be for the purpose of providing an area for National Guard training and maintenance as determined to be necessary by the department. The adjutant general shall promulgate such rules as may be necessary to establish and maintain the guard facilities in compliance with applicable state and federal statutes and rules. The department is directed to prepare, develop, construct, and maintain such guard facilities at the site described in section 28-3-1603. The department may enter into contracts or agreements with any person or public or private entity to prepare, develop, construct, operate, and maintain the guard facilities. The department is hereby authorized to provide for surveys, engineering studies, conceptual and architectural plans, environmental impact studies, construction work, facilities master plans, and joint use agreements in cooperation with the department of human services and the state board of land commissioners.
(b) The adjutant general shall determine the amount of the appropriation
necessary to meet the requirements set forth in paragraph (a) of this subsection (1) and shall submit a request as part of the department's annual budget request to the joint budget committee no later than November 1, 2007.
(2) The general assembly hereby finds, determines, and declares that any
use of the property described in section 28-3-1603 as guard facilities is for a public purpose expressly authorized by the general assembly and therefore permissible under any grant of right-of-way applicable to such property executed by the state board of land commissioners.
Source: L. 2005: Entire part added, p. 1033, � 2, effective June 2. L. 2025:
(1)(a) amended, (SB 25-275), ch. 377, p. 2085, � 246, effective August 6.
C.R.S. § 28-5-708
28-5-708. Western slope veterans' cemetery - fund - rules. (1) (a) There is hereby established in the state treasury the western slope military veterans' cemetery fund, referred to in this section as the fund. The division is authorized to accept and expend gifts, grants, contributions, and donations for the purposes of this section. The fund shall consist of such moneys received through gifts, grants, contributions, or donations, from any person or entity, and any moneys appropriated to the fund by the general assembly. Any interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.
(b) Subject to available appropriations, the division may contract for
professional services necessary for the implementation of this section.
(2) (a) The general assembly hereby authorizes the establishment and
maintenance of a state military veterans' cemetery for the western slope, referred to in this section as the cemetery. The division is directed to prepare, develop, construct, and maintain such cemetery at the site described in paragraph (b) of subsection (3) of this section. The division may enter into contracts or agreements with any person or public or private entity to prepare, develop, construct, operate, and maintain such cemetery. The cemetery shall be for the purpose of providing for the interment of Colorado residents who are military veterans and their spouses and dependents, as determined by the division. In addition, the adjutant general by rule may permit the interment of other veterans and their spouses and dependents in the cemetery and permit the division to assess a reasonable fee for the interment of such non-Colorado residents. All such fees collected shall be credited to the fund created pursuant to paragraph (a) of subsection (1) of this section. The adjutant general, in consultation with the board, shall promulgate such rules as may be necessary to establish and maintain the cemetery in compliance with applicable state and federal statutes and rules.
(b) The general assembly may appropriate moneys from the general fund to
the fund for the implementation of this section, including but not limited to the payment of costs associated with the operation and maintenance of the cemetery.
(c) (I) If the entire general fund appropriation made to the department of
human services, for allocation to the division of veterans affairs, for the fiscal year that commenced on July 1, 1999, is not needed to pay the costs for design and construction of the cemetery, the remainder of such appropriation may be used prior to July 1, 2002, by the department of human services and on or after July 1, 2002, by the department to pay any costs associated with the operation and maintenance of the cemetery without further appropriation by the general assembly.
(II) Any appropriation made on and after July 1, 2002, for the operation and
maintenance of the cemetery shall be appropriated to the department of military and veterans affairs.
(3) (a) The general assembly hereby finds, determines, and declares that any
use of the property described in paragraph (b) of this subsection (3) as the cemetery is for a public purpose expressly authorized by the general assembly and therefore permissible under any grant of right-of-way applicable to such property executed by the state board of land commissioners.
(b) The division, in preparing, developing, constructing, and maintaining the
cemetery, may use for such purposes a parcel consisting of approximately twenty acres of unimproved property within the eastern portion of the real property known as the Grand Junction regional center and shall enter into all necessary agreements to secure the appropriate property rights for such parcel.
(4) The division is hereby authorized to provide for surveys, engineering
studies, conceptual and architectural plans, environmental impact studies, and other similar preliminary design and construction work as part of the pre-application for funding approval by the federal department of veterans affairs for the cemetery. The division is authorized to seek full reimbursement for such pre-application and design work from the federal department of veterans affairs.
(5) The general assembly shall appropriate annually from the fund to the
department, for allocation to the division, for any costs associated with the operation and maintenance of the cemetery and for the implementation of this section.
Source: L. 2002: Entire part added with relocations, p. 349, � 3, effective July
-
L. 2023: (1)(a) amended, (HB 23-1053), ch. 16, p. 49, � 1, effective March 10.
Editor's note: This section is similar to former � 26-10-110 as it existed prior to 2002.
C.R.S. § 29-1-703
29-1-703. Definitions. As used in this part 7, unless the context otherwise requires:
(1) Agency of local government means any municipality, county, home rule
county, or home rule city or any agency, department, division, board, bureau, commission, institution, or other authority thereof which is a budgetary unit exercising construction contracting authority or discretion and which is located in a county of thirty thousand persons or more, or a city or town of thirty thousand persons or more, according to the state demographer.
(2) Construction contract or contract means any agreement to construct,
alter, improve, repair, or demolish any state-funded public project of any kind.
(3) Cost means the total cost of labor, materials, provisions, supplies,
equipment rentals, equipment purchases, insurance, supervision, engineering, and clerical and accounting services; the reasonable value of the use of equipment, including its replacement value, owned by the agency; and the reasonable estimates of other administrative or indirect costs not otherwise directly attributable to the state-funded public project which may be reasonably apportioned to such project in accordance with generally accepted cost-accounting principles and standards. To determine the reasonable value of the use of equipment owned by the agency, the agency may utilize rates established in the department of transportation's published equipment rate schedule in force at the time of the estimate or rates established in any other similar, generally accepted, published equipment rate schedule. To determine administrative and indirect costs, the agency may utilize a good faith percentage estimate of not less than fifteen percent of the total direct costs.
(4) Defined maintenance project means any project that involves a
significant reconstruction, alteration, or improvement of any existing road, highway, bridge, structure, facility, or other public improvement, including but not limited to repairing or seal coating of roads or highways or major internal or external reconstruction or alteration of existing structures. Defined maintenance project does not include routine maintenance activities such as snow removal, minor surface repair of roads or highways, cleaning of ditches, regrading of unsurfaced roads, repainting, replacement of floor coverings, or minor reconstruction or alteration of existing structures.
(5) State-funded public project means any construction, alteration, repair,
demolition, or improvement by any agency of local government of any land, structure, facility, road, highway, bridge, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety and any defined maintenance project, which are funded in whole or in part from the highway users tax fund and which may be reasonably expected to exceed one hundred fifty thousand dollars in the aggregate for any fiscal year.
Source: L. 89, 1st Ex. Sess.: Entire part added, p. 64, � 21, effective January 1,
- L. 91: (3) amended, p. 1069, � 41, effective July 1.
C.R.S. § 29-11-104
29-11-104. Use of funds collected. (1) Repealed.
(2) (a) (I) Money collected from the emergency telephone charge imposed
pursuant to section 29-11-102, the 911 surcharge imposed pursuant to section 29-11-102.3, and the prepaid wireless 911 charge imposed pursuant to section 29-11-102.5 shall be spent by or on behalf of a governing body solely to pay for:
(A) Costs associated with the lease or purchase, installation, engineering,
programming, maintenance, monitoring, security, planning, and oversight of equipment, facilities, hardware, software, and databases used to receive and dispatch 911 calls;
(B) Charges of basic emergency service providers (BESPs) for the provision
of basic emergency service;
(C) Costs related to the provision of the emergency notification service and
emergency telephone service, including costs associated with total implementation of both services by emergency service providers, including costs for programming, emergency medical services provided by telephone, radio equipment within the PSAP, and training for PSAP personnel including but not limited to emergency communications specialists, technical support personnel responsible for the maintenance of PSAP systems, and other personnel essential to the provision of emergency telephone services, emergency notification services, and emergency medical dispatch;
(D) Costs associated with the operation of emergency telephone service and
emergency notification service, including recordkeeping, administrative, and facilities costs, whether the facilities are leased or owned;
(E) Membership fees for state or national industry organizations supporting
911; and
(F) Other costs directly related to the continued operation of the emergency
telephone service and the emergency notification service.
(II) If money is available after the costs and charges enumerated in
subsection (2)(a)(I) of this section are fully paid in a given year, the money may be expended for:
(A) Public safety radio equipment outside the PSAP; or
(B) Personnel expenses necessarily incurred for a PSAP or the governing
body in the provision of emergency telephone service.
(b) Repealed.
(c) (Deleted by amendment, L. 2004, p. 1880, � 3, effective July 1, 2004.)
(3) A public agency shall credit money from the charges imposed pursuant
to sections 29-11-102, 29-11-102.3, and 29-11-102.5 to a cash fund, apart from the general fund of the public agency, for payments pursuant to subsection (2) of this section. Any money remaining in such cash fund at the end of any fiscal year remains in the cash fund for payments during any succeeding year; except that, if such emergency telephone service is discontinued, money remaining in the fund after all payments to the service suppliers, basic emergency service providers, and all equipment suppliers pursuant to subsection (2) of this section have been made shall be transferred to the general fund of the public agency or proportionately to the general fund of each participating public agency.
(4) A wireless carrier or BESP that provides wireless ALI or wireless ANI
services at the request of a governing body, and pursuant to a contract between the wireless carrier or BESP and the governing body, shall be reimbursed by such governing body or its designee for the costs incurred in making any equipment changes necessary for the provision of such services.
(5) Each governing body shall include as a part of the audit required by part
6 of article 1 of this title an audit on the use of the funds collected from the charges imposed pursuant to this article for compliance with paragraph (a) of subsection (2) of this section. A copy of each audit report shall be made available on the governing body's website if the governing body has a website.
Source: L. 81: Entire article added, p. 1418, � 1, effective May 26. L. 85: (2) and
(3) amended, p. 1053, � 3, effective April 17. L. 92: (2) amended, p. 964, � 1, effective June 1. L. 95: (2) amended, p. 247, � 1, effective April 17. L. 97: (2) and (3) amended and (4) added, p. 575, � 5, effective April 30. L. 2002: (2)(a)(I)(C) and (2)(a)(I)(D) amended and (2)(a)(I)(E) added, p. 83, � 2, effective March 22. L. 2004: (2) amended, p. 1880, � 3, effective July 1. L. 2008: (5) added, p. 685, � 4, effective August 5. L. 2020: (1) and (2)(b) repealed and (2)(a) and (3) amended, (HB 20-1293), ch. 267, p. 1294, � 8, effective July 10. L. 2024: (2)(a)(I)(C) amended, (HB 24-1016), ch. 28, p. 88, � 2, effective August 7.
C.R.S. § 29-20-108
29-20-108. Local government regulation - location, construction, or improvement of major electrical or natural gas facilities - powerline trail notification - expedited review for certain transmission line projects - legislative declaration - definitions. (1) The general assembly finds, determines, and declares that the location, construction, and improvement of major electrical and natural gas facilities are matters of statewide concern. The general assembly further finds, determines, and declares that:
(a) A reliable supply of electric power and natural gas statewide is of vital
importance to the health, safety, and welfare of the people of Colorado;
(b) Electric power is transmitted by means of an interconnected grid system
serving every area of the state, and natural gas is carried through a series of interconnected pipelines statewide;
(c) Impacts on the electric grid system or natural gas pipelines in one area of
the state may have impacts on other areas of the state; and
(d) It is critical that public utilities and power authorities that supply electric
or natural gas service maintain the ability to meet the demands for such service as growth continues to occur statewide.
(2) Local government land use regulations must require final local
government action on any application of a public utility or a power authority providing electric or natural gas service that relates to the location, construction, or improvement of major electrical or natural gas facilities within one hundred twenty days after the utility's or authority's submission of a preliminary application, if a preliminary application is required by the local government's land use regulations, or within ninety days after submission of a final application. If the local government does not take final action within such time, the application is deemed approved. Within twenty-eight days of the submission by a utility or authority of an application pursuant to this subsection (2), the local government shall notify the utility or authority of any additional information that must be supplied by the utility or authority to complete the application. The notice must specify the particular provisions of the local government's land use regulations that necessitate submission of the required information. The one hundred twenty- or ninety-day period, as applicable, during which the local government is to take action on an application commences on the date that the utility or authority provides the requested information to the local government in response to the notice required by this subsection (2). If the local government does not notify the utility or authority within twenty-eight days that additional information is required to complete the application, the one hundred twenty- or ninety-day period, as applicable, commences on the date of the submission by the utility or authority of its application, and any request by a local government for additional information after the completion of the twenty-eight-day period does not extend the applicable deadline for final local government action in accordance with the requirements of this subsection (2). A local government may request additional information from a state agency, and the state agency shall submit the additional information within the initial twenty-eight-day period if the request is made within a reasonable amount of time. In no event shall a request for additional information, or a failure by a state agency to provide the additional information requested, extend any deadline for local government action or notification as set forth in this section. Nothing in this subsection (2) shall be construed to supersede any timeline set by agreement between a local government and a utility or authority applying for local government approval of location, construction, or improvement of major electrical or natural gas facilities as defined in subsection (3) of this section.
(3) As used in this section, unless the context otherwise requires:
(a) Major electrical or natural gas facilities includes one or more of the
following:
(I) Electrical generating facilities;
(II) Substations used for switching, regulating, transforming, or otherwise
modifying the characteristics of electricity;
(III) Transmission lines operated at a nominal voltage of sixty-nine thousand
volts or above;
(IV) Structures and equipment associated with such electrical generating
facilities, substations, or transmission lines; or
(V) Structures and equipment utilized for the local distribution of natural gas
service, including, but not limited to, compressors, gas mains, and gas laterals.
(b) Powerline trail has the meaning set forth in section 33-45-102 (5).
(c) Transmission corridor has the meaning set forth in section 33-45-102
(10).
(d) Transmission provider has the meaning set forth in section 33-45-102
(11).
(4) (a) A public utility or power authority shall notify the affected local
government of its plans to site a major electrical or natural gas facility within the jurisdiction of the local government prior to submitting the preliminary or final permit application, but in no event later than filing a request for a certificate of public convenience and necessity pursuant to article 5 of title 40, C.R.S., or the filing of any annual filing with the public utilities commission that proposes or recognizes the need for construction of a new facility or the extension of an existing facility. If a public utility or power authority is not required to obtain a certificate of public convenience and necessity pursuant to article 5 of title 40, C.R.S., or file annually with the public utilities commission to notify the public utilities commission of proposed construction of a new facility or the extension of an existing facility, then the public utility or power authority shall notify any affected local governments of its intention to site a major electrical or natural gas facility within the jurisdiction of the local government when such utility or authority determines that it intends to proceed to permit and construct the facility. Following such notification, the public utility or power authority shall consult with the affected local governments in order to identify the specific routes or geographic locations under consideration for the site of the major electrical or natural gas facility and attempt to resolve land use issues that may arise from the contemplated permit application.
(b) In addition to its preferred alternative within its permit application, the
public utility or power authority shall consider and present reasonable siting and design alternatives to the local government or explain why no reasonable alternatives are available.
(5) (a) If a local government denies a permit or application of a public utility
or power authority that relates to the location, construction, or improvement of major electrical or natural gas facilities, or if the local government imposes requirements or conditions upon such permit or application that will unreasonably impair the ability of the public utility or power authority to provide safe, reliable, and economical service to the public, the public utility or power authority may appeal the local government action to the public utilities commission for a determination under section 40-4-102, C.R.S., so long as one or more of the following conditions exist:
(I) The public utility or power authority has applied for or has obtained a
certificate of public convenience and necessity from the public utilities commission pursuant to section 40-5-101, C.R.S., to construct the major electrical or natural gas facility that is the subject of the local government action;
(II) A certificate of public convenience and necessity is not required for the
public utility or power authority to construct the major electrical or natural gas facility that is the subject of the local government action; or
(III) The public utilities commission has previously entered an order pursuant
to section 40-4-102, C.R.S., that conflicts with the local government action.
(b) Any appeal brought by a public utility or power authority to the public
utilities commission under this section shall be conducted in accordance with the procedural requirements of section 40-6-109.5, C.R.S. In addition to the formal evidentiary hearing on the appeal, conducted in accordance with the procedural requirements of section 40-6-109, C.R.S., the public utilities commission shall take statements from the public concerning the appealed local government action at an open hearing held at a location specified by the local government.
(c) An appeal brought pursuant to this subsection (5) shall include a
statement of the reasons why the local government action would unreasonably impair the ability of a public utility or power authority to provide safe, reliable, and economical service to the public.
(d) The public utilities commission shall balance the local government
interest with the statewide interest in the location, construction, or improvement of major electrical or natural gas facilities. In striking such balance, the public utilities commission shall render a decision that is consistent with article 65.1 of title 24, C.R.S., including section 24-65.1-105, C.R.S., and the commission shall consider the following factors:
(I) The demonstrated need for the major electrical or natural gas facility;
(II) The extent to which the proposed facility is inconsistent with existing
applicable local or regional land use ordinances, resolutions, or master or comprehensive plans;
(III) Whether the proposed facility would exacerbate a natural hazard;
(IV) Applicable utility engineering standards, including supply adequacy,
system reliability, and public safety standards;
(V) The relative merit of any reasonably available and economically feasible
alternatives proposed by the public utility, the power authority, or the local government;
(VI) The impact that the local government action would have on the
customers of the public utility or power authority who reside within and without the boundaries of the jurisdiction of the local government;
(VII) The basis for the local government's decision to deny the application or
impose additional conditions to the application;
(VIII) The impact the proposed facility would have on residents within the
local government's jurisdiction including, in the case of a right of way in which facilities have been placed underground, whether those residents have already paid to place such facilities underground, and if so, shall give strong consideration to that fact; and
(IX) The safety of residents within and without the boundaries of the
jurisdiction of the local government.
(e) The public utilities commission shall deny any appeal brought under this
section unless the public utility or power authority has complied with the notification and consultation requirements of subsection (4) of this section.
(f) The public utilities commission may consult with the department of local
affairs on land use issues in connection with any appeal. All information provided by the department of local affairs to the public utilities commission shall be part of the official record of the appeal and shall be subject to cross-examination or comments by the parties to the appeal.
(g) Unless otherwise specified in this subsection (5), the appeal shall be
conducted in accordance with article 6 of title 40, C.R.S., including the provisions of section 40-6-116, C.R.S., concerning any stay or suspension of the final determination made by the public utilities commission.
(h) Nothing in this section shall be construed to limit or diminish the right of
a public utility, power authority, or local government to appeal a local government, public utility, or power authority action, decision, or determination to a court of law pursuant to any other provision of law, or any appeal brought in connection with any decision by the public utilities commission under this subsection (5). Appeals brought under this paragraph (h) shall be given priority over other pending matters.
(i) Nothing in this section shall be construed to limit the authority of a
municipal government to require or grant a public utility franchise.
(6) (a) When notifying a local government of its plans to site a new
transmission line or expand an existing transmission line under this section, a transmission provider shall also notify the local government of the potential for the construction of a powerline trail in the associated transmission corridor. Any notification under this subsection (6)(a) must include the informational resources developed under section 33-45-103 (2).
(b) A transmission provider is only required to notify a local government of
the potential for the construction of a powerline trail under subsection (6)(a) of this section if:
(I) The transmission line will be extended by more than one mile; or
(II) The transmission line capacity will be increased by more than ten
percent.
(7) A local government shall expedite, as practicable, its review of a land use
application with regard to a proposed project to renovate, rebuild, or recondition a transmission line in accordance with section 40-42-104 (3)(c).
Source: L. 2000: Entire section added, p. 1608, � 1, effective July 1. L. 2001:
(1)(d) and (2) amended and (4) and (5) added, p. 593, � 2, effective May 30. L. 2005: (2) amended, p. 315, � 1, effective August 8. L. 2014: (2) amended, (HB 14-1129), ch. 82, p. 324, � 1, effective August 6. L. 2022: (3) amended and (6) added, (HB 22-1104), ch. 97, p. 465, � 4, effective April 13. L. 2023: (7) added, (SB 23-016), ch. 165, p. 750, � 27, effective August 7.
Cross references: For the legislative declaration in HB 22-1104, see section 1
of chapter 97, Session Laws of Colorado 2022.
C.R.S. § 29-20-304
29-20-304. Water supply requirements. (1) Except as specified in subsections (2) and (3) of this section, an applicant for a development permit shall submit estimated water supply requirements for the proposed development in a report prepared by a registered professional engineer or water supply expert acceptable to the local government. The report shall include:
(a) An estimate of the water supply requirements for the proposed
development through build-out conditions;
(b) A description of the physical source of water supply that will be used to
serve the proposed development;
(c) An estimate of the amount of water yield projected from the proposed
water supply under various hydrologic conditions;
(d) Water conservation measures, if any, that may be implemented within the
development;
(e) Water demand management measures, if any, that may be implemented
within the development to account for hydrologic variability; and
(f) Such other information as may be required by the local government.
(2) If the development is to be served by a water supply entity, the local
government may allow the applicant to submit, in lieu of the report required by subsection (1) of this section, a letter prepared by a registered professional engineer or by a water supply expert from the water supply entity stating whether the water supply entity is willing to commit and its ability to provide an adequate water supply for the proposed development. The water supply entity's engineer or expert shall prepare the letter if so requested by the applicant. At a minimum, the letter shall include:
(a) An estimate of the water supply requirements for the proposed
development through build-out conditions;
(b) A description of the physical source of water supply that will be used to
serve the proposed development;
(c) An estimate of the amount of water yield projected from the proposed
water supply under various hydrologic conditions;
(d) Water conservation measures, if any, that may be implemented within the
proposed development;
(e) Water demand management measures, if any, that may be implemented
to address hydrologic variations; and
(f) Such other information as may be required by the local government.
(3) In the alternative, an applicant shall not be required to provide a letter or
report identified pursuant to subsections (1) and (2) of this section if the water for the proposed development is to be provided by a water supply entity that has a water supply plan that:
(a) Has been reviewed and updated, if appropriate, within the previous ten
years by the governing board of the water supply entity;
(b) Has a minimum twenty-year planning horizon;
(c) Lists the water conservation measures, if any, that may be implemented
within the service area;
(d) Lists the water demand management measures, if any, that may be
implemented within the development;
(e) Includes a general description of the water supply entity's water
obligations;
(f) Includes a general description of the water supply entity's water supplies;
and
(g) Is on file with the local government.
Source: L. 2008: Entire part added, p. 1560, � 2, effective May 29.
C.R.S. § 29-20-305
29-20-305. Determination of adequate water supply. (1) The local government's sole determination as to whether an applicant has a water supply that is adequate to meet the water supply requirements of a proposed development shall be based on consideration of the following information:
(a) The documentation required by section 29-20-304;
(b) If requested by the local government, a letter from the state engineer
commenting on the documentation required pursuant to section 29-20-304;
(c) Whether the applicant has paid to a water supply entity a fee or charge
for the purpose of acquiring water for or expanding or constructing the infrastructure to serve the proposed development; and
(d) Any other information deemed relevant by the local government to
determine, in its sole discretion, whether the water supply for the proposed development is adequate, including, without limitation, any information required to be submitted by the applicant pursuant to applicable local government land use regulations or state statutes.
Source: L. 2008: Entire part added, p. 1562, � 2, effective May 29.
C.R.S. § 29-25-111
29-25-111. General powers of district. (1) The district has the following powers, except as limited by the operating plan:
(a) To have perpetual existence;
(b) To have and use a corporate seal;
(c) To sue and be sued and be a party to suits, actions, and proceedings;
(d) To enter into contracts and agreements, except as otherwise provided in
this article, affecting the affairs of the district, including contracts with the United States and any of its agencies or instrumentalities;
(e) (I) To provide any of the following services within the district:
(A) Organization, promotion, marketing, and management of public events;
(B) Activities in support of business recruitment, management, and
development;
(C) Coordinating tourism promotion activities;
(D) Housing and childcare for the tourism-related workforce, including
seasonal workers, and for other workers in the community; or
(E) Facilitating and enhancing visitor experiences.
(II) No revenue collected from the marketing and promotion tax levied under
section 29-25-112 may be used for any capital expenditures, with the exception of:
(A) Capital expenditures for housing and childcare for the tourism-related
workforce, including seasonal workers, and for other workers in the community;
(B) Capital expenditures related to facilitating and enhancing visitor
experiences; or
(C) Tourist information centers.
(f) To have the management, control, and supervision of all the business and
affairs of the district and of the operation of district services therein;
(g) To appoint an advisory board of owners of property within the boundaries
of the district and provide for the duties and functions thereof;
(h) To hire employees or retain agents, engineers, consultants, attorneys,
and accountants;
(i) To adopt and amend bylaws not in conflict with the constitution and laws
of the state or with the ordinances of the local government affected for carrying on the business, objectives, and affairs of the board and of the district; and
(j) To exercise all rights and powers necessary or incidental to or implied
from the specific powers granted in this article. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article.
Source: L. 98: Entire article added, p. 1087, � 1, effective September 1. L.
2022: (1)(e) amended, (HB 22-1117), ch. 62, p. 314, � 2, effective August 10. L. 2022: (1)(e) amended, (HB 22-1117), ch. 62, p. 314, � 2, effective August 10.
Cross references: For the legislative declaration in HB 22-1117, see section 1
of chapter 62, Session Laws of Colorado 2022.
C.R.S. § 29-26-101
29-26-101. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) It is in the public interest to maintain a diverse housing stock in order to
preserve some diversity of housing opportunities for the state's residents and people of low- and moderate-income.
(b) A housing shortage for persons of low- and moderate-income is
detrimental to the public health, safety, and welfare. In particular, the inability of such persons to reside near where they work negatively affects the balance between jobs and housing in many regions of the state and has serious detrimental transportation and environmental consequences.
(c) As an initial step in fostering the establishment of affordable housing
dwelling unit programs that will satisfy the housing needs of all the residents of a particular jurisdiction, it is appropriate for the general assembly to authorize local governments to establish affordable housing dwelling unit advisory boards.
(d) In selecting members of the advisory boards, the governing bodies of
local government shall give preference to residents of the jurisdiction who have demonstrated experience in housing matters, preferably within the territorial boundaries of the jurisdiction, as a result of their current or former experience, without limitation, as a:
(I) Registered or certified civil engineer or architect;
(II) Planner;
(III) Real estate broker licensed in accordance with part 2 of article 10 of title
12;
(IV) Representative of a lending institution that finances residential
development within the territorial boundaries of the local government;
(V) Representative of the local housing authority;
(VI) Residential builder with extensive experience in producing single-family
or multiple-family dwelling units;
(VII) Representative of either the public works or planning department of the
local government; or
(VIII) Representative of a nonprofit housing organization that provides
services within the territorial boundaries of the local government.
(e) In addition, one or more members of the board, in the discretion of the
local government, shall be a resident of the jurisdiction without demonstrated experience in housing matters.
(2) In creating this article, the general assembly intends that affordable
housing dwelling unit advisory boards shall address the housing needs of low- and moderate-income persons, promote a full range of housing choices, and develop effective policies to encourage the construction and continued existence of affordable housing.
Source: L. 2001: Entire article added, p. 974, � 1, effective August 8. L. 2008:
(1)(d)(III) amended, p. 511, � 31, effective April 17. L. 2019: (1)(d)(III) amended, (HB 19-1172), ch. 136, p. 1717, � 210, effective October 1.
C.R.S. § 29-3-117
29-3-117. Application of proceeds. (1) The proceeds from the sale of any bonds shall be applied only for the purpose for which the bonds were issued and if, for any reason, any portion of such proceeds are not needed for the purpose for which the bonds were issued, such unneeded portion of the proceeds shall be applied to the payment of the principal of or the interest on the bonds.
(2) The cost of acquiring any project shall be deemed to include the actual
cost of acquiring a site and the cost of the construction of any part of a project which may be constructed (including architects' and engineers' fees), the purchase price of any part of a project that may be acquired by purchase, and all expenses in connection with the authorization, sale, and issuance of the bonds to finance such acquisition.
Source: L. 67: p. 676, � 17. C.R.S. 1963: � 36-24-17.
C.R.S. § 29-35-304
29-35-304. Minimum parking requirements for housing developments. (1) Notwithstanding section 29-35-303, a local government may impose or enforce a minimum parking requirement in connection with a housing development project that is intended to contain twenty units or more or contain regulated affordable housing by requiring no more than one parking space per dwelling unit in the housing development.
(2) (a) In order to impose a minimum parking requirement pursuant to
subsection (1) of this section in connection with a housing development project, a local government must, no later than ninety days after receiving a completed application for the housing development project, publicly publish written findings that find that not imposing or enforcing a minimum parking requirement in connection with the housing development project would have a substantial negative impact.
(b) A local government's written findings published pursuant to subsection
(2)(a) must:
(I) Be supported by substantial evidence that supports the finding of a
substantial negative impact on:
(A) Safe pedestrian, bicycle, or emergency access to the housing
development project; or
(B) Existing on- or off-street parking spaces within one eighth-mile of the
housing development project;
(II) Be reviewed and approved by a professional engineer, as defined in
section 12-120-202 (7).
(III) Include parking utilization data collected from the area within one
eighth-mile of the housing development project; and
(IV) Demonstrate that the local government implementation of strategies to
manage demand for on-street parking for the area within one eighth-mile of the housing development project would not be effective to mitigate a substantial negative impact found pursuant to this section.
(3) On or before December 31, 2026, and every December 31st thereafter, if
applicable, a local government shall, in a form and manner determined by the department of local affairs, submit information regarding a minimum parking requirement imposed or enforced pursuant to this section to the department of local affairs.
(4) The department of local affairs may issue policies and procedures as
necessary to implement this section.
Source: L. 2024: Entire article added (see the editor's note following the part
3 heading), (HB 24-1304), ch. 159, p. 738, � 1, effective August 7.
C.R.S. § 29-4-109
29-4-109. Construction contracts and costs. (1) Any contract for the construction of a housing project or any part thereof may be awarded by the city upon any day at least five days, excluding Sundays, after at least one publication of notice requesting bids upon such contract in a newspaper circulating in the city, or if there is no such newspaper, after a posting of such notice in three public places in such city on a date at least five days previous to the award of such contract.
(2) In determining the cost of any housing project, the following items may
be included as a part of the cost of such housing project and financed by the issuance of bonds:
(a) Engineering, inspection, accounting, fiscal, and legal expenses;
(b) The cost of issuance of the bonds, including engraving, printing,
advertising, accounting, and other similar expenses;
(c) Any interest costs on money borrowed or estimated to be borrowed
during the period of construction of the housing project and for six months thereafter.
Source: L. 35: p. 507, � 10. CSA: C. 82, � 13. CRS 53: � 69-2-9. C.R.S. 1963: �
69-2-9.
C.R.S. § 29-4-703
29-4-703. Definitions - rules. As used in this part 7, unless the context otherwise requires:
(1) Authority means the Colorado housing and finance authority created by
this part 7.
(2) Board means the board of directors of the Colorado housing and
finance authority.
(3) Bond means any bond, note, or other obligation of the Colorado housing
and finance authority authorized to be issued under this part 7.
(3.1) Capital means funds that are provided for the research, development,
refinement, or commercialization of a product or process, and funds that are provided for the operation of a business enterprise, including but not limited to the cost of personnel, rent, administrative services, utilities, insurance, equipment, raw materials, work in progress and stock in trade, or debt service on the financing thereof, or such other corporate purposes as may be approved by the board. Capital shall not include the cost of facilities that are financed by the authority as a project pursuant to this part 7.
(3.5) County means any county within this state.
(4) Executive director means the executive director of the Colorado
housing and finance authority appointed by the board of directors of said authority.
(4.5) (Deleted by amendment, L. 2007, p. 703, � 1, effective May 3, 2007.)
(5) Family means two or more persons, whether or not related by blood,
marriage, or adoption, who live or expect to live together as a single household in the same home, a single person who is either at least sixty-two years of age or has a disability, or such other single persons as the board may by rule determine to be eligible for assistance under this part 7.
(5.1) Federal government means the United States and any agency or
instrumentality, corporate or otherwise, of the United States.
(5.2) Financing agreement includes a lease, sublease, installment purchase
agreement, rental agreement, option to purchase, loan agreement, participation agreement, loan purchase agreement, or any other agreement, or any combination thereof, entered into in connection with the financing of a project or housing facility or the provision of capital pursuant to this part 7.
(5.3) Governing body means the board, council, officer, or group charged
with exercising the legislative power of a government.
(5.4) Government means the federal government, the state government,
and any county, municipality, or state agency.
(5.5) Home improvement loan means a loan of money for the alteration,
repair, or improvement of an existing housing facility. The term does not include a loan for a pool, hot tub, or any other construction not directly improving the structural integrity, general appearance, or living conditions within the housing facility.
(6) Housing facility means any work or undertaking that is designed and
financed pursuant to this part 7 for the primary purpose of providing decent, safe, and sanitary dwelling accommodations. Such dwelling accommodations may provide for separate, shared, or congregate facilities. Housing facility may include any buildings, land, equipment, facilities, or other real or personal property:
(a) Found necessary by the authority to ensure required occupancy or
balanced community development; or
(b) Found necessary or desirable by the authority for sound economic or
commercial development of a community.
(7) Housing facility loan means a loan of money, including advances and
temporary and permanent loans, for the construction, reconstruction, rehabilitation, or purchase of a housing facility.
(8) Lender means any state bank chartered by the state of Colorado or any
national banking association located in Colorado, state or federal savings and loan association located in Colorado, FHA-approved mortgagee, insurance company, mortgage banking or other financial institution, or public or private entity providing economic development assistance approved by the board.
(9) Loan to lender means a loan of money to a lender.
(10) Low-income family and low- or moderate-income family mean a
family whose income is insufficient to secure decent, safe, and sanitary housing provided by private industry without loans or other incentives made by the authority or federal subsidies and whose income is below respective income limits established by the board by rule, taking into consideration such factors as the following:
(a) The amount of the total income of such family available for housing
needs;
(b) The size of the family;
(c) The cost and condition of housing facilities available;
(d) The ability of such family to compete successfully in the private housing
market and to pay the amounts at which private enterprise is providing decent, safe, and sanitary housing; and
(e) Standards established by various programs of the federal government for
determining eligibility based on income of such family.
(11) Mortgage means a mortgage, deed of trust, or other instrument
constituting a first lien on real property in this state and improvements constructed or to be constructed thereon or on a leasehold under a lease having a remaining term, at the time such mortgage is acquired, of not less than the term for repayment of the obligation secured by such mortgage.
(12) Mortgage loan means a loan of money, including advances and
temporary loans, for the construction, reconstruction, rehabilitation, purchase, or refinancing of a housing facility, which loan is evidenced by an obligation secured by a mortgage.
(12.1) Municipality means any city, including without limitation any city or
city and county operating under a home rule or special legislative charter, or town within this state.
(12.4) Project means a work or improvement that is or will be located in this
state, including but not limited to real property, buildings, equipment, furnishings, and any other real and personal property or any interest therein, financed, refinanced, acquired, owned, constructed, reconstructed, extended, rehabilitated, improved, or equipped, directly or indirectly, in whole or in part, by the authority and that is designed and intended for the purpose of providing facilities for manufacturing, warehousing, commercial, recreational, hotel, office, research and development, or other business or economic purposes, including but not limited to machinery and equipment deemed necessary for the operation thereof, excluding raw material, work in process, or stock in trade. Project includes more than one project or any portion of a project, but shall not include a housing facility or any portion thereof unless the authority elects to treat such housing facility or portion thereof as a project. Project shall not include the financing by the authority of any county or municipal public facilities beyond the boundaries of the project, except to the extent that such facilities are adjacent to the project and support the operation of the project.
(12.5) Project costs means the sum total of all costs incurred in the
development of a project which are approved by the authority as reasonable and necessary. Project costs includes, but is not limited to:
(a) The cost of acquiring real property and any buildings thereon, including
but not limited to payments for options, deposits, or contracts to purchase properties;
(b) The cost of site preparation, demolition, and development;
(c) Any expenses relating to the issuance of bonds or notes;
(d) Fees in connection with the planning, execution, and financing of the
project, such as those of architects, engineers, attorneys, accountants, and the authority;
(e) The cost of studies, surveys, plans and permits, insurance, interest,
financing, tax and assessment costs, and other operating and carrying costs incurred during construction;
(f) The cost of construction, rehabilitation, reconstruction, and equipping of
the project, not including the cost of raw materials, work in process, and stock in trade;
(g) The cost of land improvements, such as landscaping and off-site
improvements;
(h) Expenses in connection with initial occupancy of the project;
(i) A reasonable profit and risk fee in addition to job overhead to the general
contractor and, if applicable, the sponsor;
(j) An allowance established by the authority for contingency reserves and
reserves for any anticipated operating deficits after completion of the project; and
(k) The cost of other items that the authority determines to be reasonable
and necessary for the development of the project, including but not limited to relocation costs, utility connection fees, indemnity and surety bonds, premiums on insurance, and fees and expenses of trustees, depositories, and paying agents for the bonds and notes.
(12.6) Project plan means the plan for a project or projects and includes but
is not limited to:
(a) A map or any other appropriate representation of the area and the
location of the project;
(b) A statement of proposed land uses;
(c) Any proposed amendments to, changes in, or variances from the master
plan, official map, or zoning regulations or other land use regulations, codes, or ordinances of the county or municipality in which the project is to be located;
(d) A proposal for the acquisition of real property;
(e) A proposal for the demolition and removal of existing structures;
(f) A description of the project;
(g) A statement of the plan's relationship to any officially adopted objectives
of the county or municipality as to land uses, density of population, traffic, public transportation, public utilities, recreational and community facilities, other public improvements, and the protection of the environment;
(h) A statement of the provision being made for the temporary and
permanent relocation of any persons who may be displaced by the construction of the project;
(i) A proposed time schedule for the effectuation of the plan; and
(j) Additional statements or documentation as the authority may deem
appropriate.
(12.8) Real property means all lands and franchises and interests in land
located within this state, including lands under water and riparian rights, space rights and air rights, and any and all other things usually included within said term. Real property includes any and all interests in such property less than full title, such as easements, incorporeal hereditaments, and every estate, interest, or right, legal or equitable.
(12.9) Small business means a profit or nonprofit enterprise of small or
moderate size, as determined by the board pursuant to regulation taking into consideration such factors as the following:
(a) The net assets of the enterprise;
(b) The number of employees involved or to be involved in the normal
operation of the project;
(c) The total number of employees involved or to be involved in the normal
operation of the enterprise as a whole;
(d) The type, size, and cost of the project; and
(e) Applicable standards and criteria periodically applied by the federal
government in administering assistance programs for enterprises of small or moderate size.
(13) Sponsor means an individual, joint venture, partnership, limited
partnership, trust, corporation, cooperative, condominium, association, public body, including the authority, or any other legal entity or combination thereof, which:
(a) The authority has approved as qualified to own, construct, acquire,
rehabilitate, operate, lease, manage, or maintain part or all of a housing facility or a project; and
(b) Except for a county, municipality, or other public body, has agreed to
subject itself to the regulatory powers of the authority.
(14) Repealed.
(15) State agency means any board, authority, agency, department,
commission, public corporation, body politic, or instrumentality of this state other than a municipality or a county.
(16) Repealed.
Source: L. 73: p. 805, � 1. C.R.S. 1963: � 69-11-2. L. 75: (6) amended and (6.5),
(7.5), (9), (10), and (11) added, p. 970, � 2, effective April 19. L. 76: (11) amended and (12) added, p. 689, � 2, effective April 19. L. 77: (5), (6), (8), and (9) amended, p. 1416, � 1, effective May 14; (5.5) added, (11) amended, and (12) repealed, pp. 1413, 1415, �� 2, 6, effective June 19. L. 82: (6) R&RE, p. 471, � 1, effective April 15; (8) amended, (13) R&RE, and (3.5), (5.1), (5.2), (5.3), (5.4), (12.1), (12.4), (12.5), (12.6) (12.8), (12.9), (15), and (16) added, pp. 461, 462, � 2, 3, 4, effective April 23. L. 84: (4.5) added, p. 807, � 1, effective April 13. L. 85: IP(6) amended, p. 1040, � 1, effective July 1. L. 87: (1) to (3), (4), (5.2), (8), (12.4), and IP(13) amended, (3.1) added, and (16) repealed, pp. 1191, 1197, �� 3, 21, effective May 20. L. 93: (5) amended, p. 1669, � 84, effective July 1. L. 2007: (3), (4.5), (5), (5.2), (5.5), (6), IP(10), (12), and (12.4) amended, p. 703, � 1, effective May 3.
Editor's note: This section was originally numbered as � 29-4-702 in C.R.S.
1973, but this section and the subsections within this section were renumbered on revision in the 1977 replacement volume for ease of location. The definition of thermal performance improvement loan, added as subsection (12) in 1976 and subsequently repealed in 1977, was renumbered as subsection (14) in the 1977 replacement volume.
C.R.S. § 29-8-105
29-8-105. Basis of assessments. When any improvement authorized to be made by any governing body by the terms of this article is ordered, the governing body shall provide for the apportionment of the cost and expenses thereof as in its judgment may be fair and equitable in consideration of the benefits accruing to the abutting, adjoining, contiguous, and adjacent lots and lands, and to the lots and lands otherwise benefited and included within the improvement district formed. Each lot and parcel of the land shall be separately assessed for the cost and expenses thereof in proportion to the number of square feet of such lands and lots abutting, adjoining, contiguous, and adjacent thereto or included in the improvement district, or assessed upon a frontage, zone, or other equitable basis, in accordance with the benefits, as the same may be determined by the governing body. The entire cost of the improvement may be assessed against the benefited property as provided in this article or if money for paying part of such cost is available from any other source, the money so available may be so applied and the remaining cost so assessed against the benefited property. The cost and expenses to be assessed as provided in this article shall include the cost of the improvement, engineering and clerical service, advertising, cost of inspection, cost of collecting assessments, and interest upon bonds if issued, and for legal services for preparing proceedings and advising in regard thereto. Fee lands and property of public entities, such as the federal government, state of Colorado, or any county, city, or town, shall not be considered as lands or property benefited by any improvement district, and unless such public entity within the boundaries of an improvement district consents in writing, filed before the governing body adopts the resolution provided for in section 29-8-109, the lands and property of such public entity shall not be subject to assessment for the payment of any of the cost or expense of such improvement.
Source: L. 71: p. 989, � 1. C.R.S. 1963: � 89-23-5.
C.R.S. § 29-8-110
29-8-110. Notice of public hearing on proposed improvement - contents. (1) Following the passage of the resolution in section 29-8-109, the governing body shall cause a notice of a public hearing on the proposed improvement to be given in the manner provided in section 29-8-111. Such notice shall:
(a) Describe the boundaries or area of the district with sufficient particularity
to permit each owner of real property therein to ascertain that his property lies in the district;
(b) Describe in a general way the proposed improvement, specifying the
streets or property along which it will be made and the nature of the benefits to the property within the district;
(c) State the estimated cost, as determined from the costs and feasibility
report, and including the cost of the improvement and the cost of engineering and clerical service, advertising, inspection, collection of assessments, interests upon bonds, if issued, and for legal services for preparing proceedings and advising in regard thereto;
(d) State that it is proposed to assess the real property in the district to pay
all or a designated portion of the cost of the improvement according to the benefits to be derived by each tract, block, lot, and parcel of land within the district, and the proposed means of apportioning such cost;
(e) State the time and place at which the governing body will conduct a
public hearing upon the proposed improvement and on the question of benefits to be derived by the real property in the district;
(f) State that all interested persons will be heard and that any property
owner will be heard on the question of whether his property will be benefited by the proposed improvement.
Source: L. 71: p. 991, � 1. C.R.S. 1963: � 89-23-10.
C.R.S. § 30-20-103
30-20-103. Application for certificate. (1) Any person desiring to own or operate a solid wastes disposal site and facility shall make application to the governing body having jurisdiction over the area in which such site and facility is or is proposed to be located for a certificate of designation. Such application shall be accompanied by a fee to be established by the governing body having jurisdiction, which fee shall be based on the anticipated costs that may be incurred by such governing board in the application review and approval process and shall not be refundable. The application shall set forth the location of the site and facility; the type of site and facility; the type of processing to be used, such as sanitary landfill, composting, or incineration; the hours of operation; the method of supervision; the rates to be charged, if any; and such other information as may be required by the governing body having jurisdiction over the area. The application shall also contain such engineering, geological, hydrological, and operational data as may be required by the department by rule. All such applications shall be referred to the department for review and for recommendation as to approval or disapproval, which shall be based upon criteria established by the solid and hazardous waste commission, the water quality control commission, and the air quality control commission. Such review and recommendation of an application by the department shall include a technical review of the environmental and public health issues provided in section 30-20-110 that are raised by the proposed site and facility. As a part of the department's review of an application for a solid wastes site and facility, the department shall provide a period of not less than thirty days during which members of the public may review and make comments concerning such application.
(2) Upon receiving an application for a solid wastes disposal site and facility,
the department shall perform an initial examination to establish the completeness of the information submitted. Such initial examination shall be completed within thirty days after the department receives such application. The department shall mail written notification to the applicant within such time period of the department's decision either to begin its review of such application or to reject such application because of incompleteness.
(3) After the initial approval of an application pursuant to the provisions of
subsection (2) of this section, the department shall determine whether it shall complete the review of the application or whether it shall offer the applicant the option of having such application reviewed by a private contractor. Such determination shall be made pursuant to the provisions of section 30-20-103.7 (1). If the department reviews such application, the department shall complete such review within one hundred fifty days after the date of issuance of its initial approval of such application.
Source: L. 67: p. 759, � 3. C.R.S. 1963: � 36-23-3. L. 71: p. 341, � 4. L. 79:
Entire section amended, p. 1059, � 7, effective June 20. L. 84: Entire section amended, p. 819, � 1, effective July 1. L. 91: Entire section amended, p. 965, � 4, effective June 5; entire section amended, p. 955, � 1, effective July 1. L. 2006: (1) amended, p. 1134, � 16, effective July 1.
Editor's note: Amendments to this section by Senate Bill 91-168 and Senate
Bill 91-174 were harmonized.
C.R.S. § 30-20-109
30-20-109. Commission to promulgate rules - definitions. (1) The solid and hazardous waste commission shall promulgate rules for the engineering design and operation of solid wastes disposal sites and facilities, which may include:
(a) The establishment of engineering design criteria applicable, but not
limited, to protection of surface and subsurface waters, suitable soil characteristics, distance from solid wastes generation centers, access routes, distance from water wells, disposal facility on-site traffic control patterns, insect and rodent control, methods of solid wastes compaction in the disposal fill, confinement of windblown debris, recycling operations, fire prevention, and final closure of the compacted fill;
(b) The establishment of criteria for solid wastes disposal sites and facilities
which will place into operation the engineering design for such disposal sites and facilities;
(c) (Deleted by amendment, L. 91, p. 958, � 3, effective July 1, 1991.)
(d) The establishment of a reviewing fee to be charged by the department
for the review of any written recommendation and findings of a private contractor who has acted in lieu of the department to review an application for a solid wastes disposal site and facility under the provisions of section 30-20-103.7 for compliance with the state's requirements. Such fee shall not exceed actual and reasonable costs and shall not exceed five thousand dollars.
(e) The establishment of a fee for the technical review described in section
30-20-119 (2), which fee shall not exceed ten thousand dollars, or the actual cost of such technical review.
(1.5) (a) As used in this subsection (1.5):
(I) EP waste means exploration and production waste, as that term is
defined in section 34-60-103, C.R.S.
(II) EP waste disposal facility means a commercial solid wastes disposal
site and facility that accepts the deposit of EP waste.
(b) The solid and hazardous waste commission shall promulgate rules that
are specifically applicable to the deposit of EP waste at an EP waste disposal facility. The rules shall include the following:
(I) Mandatory set-backs of EP waste disposal facilities of one-half mile from
all residences, educational facilities, day care centers, hospitals, nursing homes, jails, hotels, motels, other occupied structures, or outside activity areas such as parks and playing fields as designated in the rules;
(II) Mandatory fabricated liners and monitoring requirements as necessary to
prevent the migration of EP waste to groundwater;
(III) Waste analysis and reporting requirements to ensure that only EP waste
is disposed of at an EP waste disposal facility;
(IV) Fencing and netting requirements to prevent the public and wildlife from
accessing EP waste disposal facilities;
(V) Contingency plans to respond to emergencies, including adequate
freeboard, overflow ponds, or both; and
(VI) Financial assurance requirements that are adequate to cover closure
and reclamation costs.
(c) Except as provided in paragraph (e) of this subsection (1.5), an EP waste
disposal facility that accepted EP waste on or before June 4, 2008, and that had not begun closure by June 4, 2008, shall:
(I) File an application pursuant to section 30-20-103 within three months
after the rules promulgated pursuant to this subsection (1.5) become effective with the governing body having jurisdiction to amend the facility's certificate of designation to incorporate the requirements specified in the rules; and
(II) Comply with the rules promulgated pursuant to this subsection (1.5)
within twenty-four months after they become effective, unless the EP waste disposal facility demonstrates to the department no later than eighteen months after the rules become effective why it cannot timely comply with the rules and the department agrees to a compliance schedule. In such case, the department may extend the compliance deadline to no more than thirty-six months after the rules become effective; except that nothing in this subsection (1.5) shall be deemed to:
(A) Require an EP waste disposal facility that lawfully accepted EP waste on
or before June 4, 2008, to comply with the set-back requirements of this subsection (1.5); or
(B) Place an EP waste disposal facility into noncompliance because of an
alleged violation of a set-back requirement of this subsection (1.5) due solely to the fact that a residential or other occupied structure or a designated outside activity area is established within the set-back distance on or after issuance of the certificate of designation pursuant to this subsection (1.5).
(d) The department shall:
(I) Coordinate with the energy and carbon management commission created
in section 34-60-104.3 (1), governing bodies having jurisdiction, and the federal bureau of land management to identify potential EP waste disposal sites that are located reasonably close to oil and gas operation areas on either federal or nonfederal land and that meet the set-back requirements of this subsection (1.5); and
(II) To the extent practicable, encourage governing bodies having jurisdiction
and the federal bureau of land management to approve the siting of EP waste disposal sites at locations identified pursuant to this paragraph (d) when so requested by a commercial operator.
(e) (I) Upon the recommendation of the department, the solid and hazardous
waste commission may waive, for individual impoundments, the requirement imposed pursuant to paragraph (c) of this subsection (1.5) that an EP waste disposal facility that accepted EP waste on or before June 4, 2008, but had not begun closure by that date, must install fabricated liners. The department may recommend a waiver only if all of the following conditions are met:
(A) There have been no unpermitted discharges to groundwater or surface
water from the operation of the facility;
(B) Each impoundment for which a waiver is requested is located more than
one thousand feet from any public or private water well or surface water;
(C) The owner or operator complies with mandatory monitoring and reporting
requirements as determined by the department, including, but not limited to, individual impoundment leak detection monitoring; and
(D) The owner or operator is not subject to any outstanding compliance
orders or enforcement actions with regard to the design, operation, or closure of the facility.
(II) If, at any time, the department determines that one or more of the
conditions specified in subparagraph (I) of this paragraph (e) are no longer met, the department may bring the relevant information to the solid and hazardous waste commission with a recommendation to rescind the waiver of the requirement to install fabricated liners. If the solid and hazardous waste commission determines that one or more of the conditions are no longer being met, the solid and hazardous waste commission may rescind the waiver and instruct the department to establish a compliance schedule for the owner or operator to install fabricated liners.
(2) The solid and hazardous waste commission may promulgate rules
concerning:
(a) The establishment of an initial examination of each application for a solid
wastes disposal site and facility to establish the completeness of the information submitted. Such initial examination shall be completed within thirty days after the department receives such application, and the department shall mail written notification to an applicant and to the governing body having jurisdiction within such time period stating the decision of the department to begin its review of such application or to reject the application based on incompleteness.
(b) The establishment of a fee for the review of solid wastes disposal site
and facility submittals and the preoperation inspection for such site and facility, for the attendance of department staff at public meetings and associated activities, and for the assessment of remediation activities concerning closed or old disposal sites or spill and incident clean-ups. The total fee charged for the review of an application or amendments to an application shall not exceed the actual documented costs incurred by the department in the performance of these activities and shall be subject to the maximum levels established in accordance with the provisions of subsection (2.5) of this section. Such review shall be completed within one hundred fifty days from date of issuance of the department's decision to begin its review. Moneys from the collection of such fees shall be credited to the solid waste management fund pursuant to the provisions of section 30-20-118. Such moneys shall be used solely to support the application review process and to support the staff of the department involved with such process.
(c) (Deleted by amendment, L. 98, p. 882, � 9, effective July 1, 1998.)
(d) The establishment of criteria for composting sites and facilities for which
a certificate of designation is not required under section 30-20-102 (8).
(2.5) The solid and hazardous waste commission shall promulgate rules
pertaining to the assessment of annual fees and document review and activity fees to offset program costs from solid waste disposal sites and facilities in accordance with the following requirements:
(a) Annual fees shall be established for solid waste disposal sites and
facilities that are not required to pay solid waste user fees imposed pursuant to section 25-16-104.5, C.R.S. The fee imposed by this paragraph (a) shall not exceed five thousand dollars per year per facility; except that a monofill facility that contains coal combustion products shall be exempt from the fee imposed by this paragraph (a). The annual fee shall be uniform among owners of the same type of, and similarly sized, facility and shall consider the department's level of effort in regulating the facilities.
(b) The hourly charge for the document review and activity fees shall be
established at a rate comparable to industry rates for performing similar tasks with maximum levels on document review and activity fees that reflect timely and cost-effective reviews.
(c) The department shall provide a receipt for the fees paid pursuant to this
subsection (2.5), shall transmit such payments to the state treasurer, and accept the state treasurer's receipt in return for the payments transmitted. The state treasurer shall credit one hundred percent of the fees transmitted pursuant to this paragraph (c) to the solid waste management fund created in section 30-20-118 (1) to be used by the department in carrying out its duties and responsibilities concerning solid waste management.
(2.7) If the department determines that a site or facility is or has been
subject to payment of the annual fee requirements pursuant to subsection (2.5) of this section and has not paid any portion of the amount of fees due and owing, in addition to any other remedies the department may have in such circumstances as provided by law, the department may assess the site or facility an additional fee to offset program costs caused by the site or facility, which additional fee shall be equivalent to double the amount of the estimated annual fee, without interest, that the site or facility would have paid the department if the fee had been paid as required by law.
(3) Any applicant aggrieved by a recommendation of the department
concerning an application for a solid wastes disposal site and facility shall be entitled to a hearing and review pursuant to the provisions of the State Administrative Procedure Act, article 4 of title 24, C.R.S.
(4) (a) Any and all rules promulgated by the department of public health and
environment prior to the transfer of its rule-making authority under this section to the state board of health shall remain in full force and effect after the date of such transfer.
(b) All acts, orders, and rules adopted by the state board of health under the
authority of this part 1 prior to July 1, 2006, that were valid prior to said date and not otherwise subject to judicial review shall, to the extent that they are not inconsistent with said part, be deemed and held to be legal and valid in all respects, as though issued by the solid and hazardous waste commission under the authority of this part 1. No provision of this part 1 shall be construed to validate any actions, orders, or rules that were not valid when adopted by the board of health prior to such date.
Source: L. 67: p. 761, � 9. C.R.S. 1963: � 36-23-9. L. 71: p. 343, � 10. L. 85:
(1)(c) added, p. 1065, � 1, effective July 1. L. 91: Entire section amended, p. 968, � 10, effective June 5; (1)(c) amended and (1)(d) and (2) added, pp. 958, 954, �� 3, 2, 4, effective July 1. L. 93: (1)(d) amended, p. 475, � 1, effective April 21. L. 94: IP(1), IP(2), and (2)(c)(I) amended and (4) added, p. 33, � 4, effective March 9; (2)(c)(I) and (4) amended, pp. 2616, 2620, 2800, �� 26, 33, 559, effective July 1. L. 95: IP(2) and (2)(c) amended, p. 156, � 1, effective July 1. L. 96: (2)(c)(I) amended, p. 33, � 1, effective March 18. L. 98: (1)(d), IP(2), (2)(b), and (2)(c) amended and (2)(d) added, p. 882, � 9, effective July 1. L. 2006: IP(1), IP(2), and (4) amended, p. 1136, � 19, effective July 1. L. 2007: (1)(d) and (2)(b) amended and (2.5) and (2.7) added, p. 1144, � 10, effective July 1. L. 2008: (1.5) added, p. 2168, � 2, effective June 4. L. 2009: IP(1.5)(c) amended and (1.5)(e) added, (HB 09-1056), ch. 301, p. 1607, � 3, effective May 21. L. 2023: (1.5)(d)(I) amended; (SB 23-285), ch. 235, p. 1255, � 32, effective July 1.
Editor's note: Amendments to this section by Senate Bill 91-160, Senate Bill
91-168, and Senate Bill 91-174 were harmonized. Amendments to subsection (2)(c)(I) by House Bill 94-1077 and House Bill 94-1029 were harmonized.
Cross references: (1) In 2007, subsections (1)(d) and (2)(b) were amended by
the Recycling Resources Economic Opportunity Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 278, Session Laws of Colorado 2007.
(2) For the legislative declaration contained in the 2008 act enacting
subsection (1.5), see section 1 of chapter 421, Session Laws of Colorado 2008.
C.R.S. § 30-20-1103
30-20-1103. Definitions. As used in this part 11, unless the context otherwise requires:
(1) Agency means any county, city and county, home rule county formed in
accordance with the provisions of article 35 of this title, any county public improvement district formed in accordance with the provisions of part 5 of article 20 of this title, any other district that a county or a city and county may create pursuant to the authority provided in article 20 of this title that is a budgetary unit exercising construction contracting authority or discretion, and any special taxing district formed by a home rule county in accordance with the provisions of part 9 of article 35 of this title.
(2) Contract means any agreement for designing, building, altering,
repairing, improving, demolishing, operating, maintaining, or financing a public project.
(3) Cost-reimbursement contract means a contract under which a
participating entity is reimbursed for costs that are allowable and allocable in accordance with the contract terms and provisions of this part 11.
(4) Integrated project delivery or IPD means a project delivery method in
which there is a contractual agreement between an agency and a single participating entity for the design, construction, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination of these services, for a public project.
(5) IPD contract means a contract using an integrated project delivery
method.
(6) Participating entity means a partnership, corporation, joint venture,
unincorporated association, or other legal entity that provides appropriately licensed planning, architectural, engineering, development, construction, operating, or maintenance services as needed in connection with an IPD contract.
(7) Public project means any lands, buildings, structures, works, machinery,
equipment, or facilities suitable for and intended for use as public property for public purposes or suitable for and intended for use in the promotion of the public health, public welfare, or public education, to the extent the boundaries of an agency and a school district are coterminous, or for the conservation of natural resources, including the planning of any such lands, buildings, improvements, structures, works, machinery, equipment, or facilities. Public project shall also include existing lands, buildings, improvements, structures, works, and facilities, as well as improvements, renovations, or additions to any such lands, buildings, improvements, structures, works, or facilities, including without limitation any sewerage facility as defined in section 30-20-401 (4), any water facility as defined in section 30-20-401 (6), any joint system as defined in section 30-20-401 (3), and any operation or maintenance programs for the operation and upkeep of such projects.
(8) Public purposes includes, but is not limited to, the supplying of public
water services and facilities, public sewerage services and facilities, and lands, buildings, improvements, equipment, and facilities for public education, to the extent the boundaries of the agency and school district are coterminous.
Source: L. 2007: Entire part added, p. 1810, � 2, effective August 3.
C.R.S. § 30-20-124
30-20-124. Closed landfill remediation grant program - creation - administration - application process - uses of grant program money - advisory committee - rules - fund - evaluation - report - definitions - repeal. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) Advisory committee means the closed landfill remediation grant
program advisory committee created in subsection (6) of this section.
(b) Cleanup program means an investigation or remediation conducted and
funded pursuant to a state or federal law or program other than this part 1, such as:
(I) The federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S.C. sec. 9601 et seq., as amended;
(II) The brownfields program of the federal environmental protection agency
and the department;
(III) A federal radiation control program such as the Uranium Mill Tailings
Radiation Control Act, 42 U.S.C. sec. 7901 et seq., as amended;
(IV) Article 11 of title 25 concerning radiation control;
(V) Article 15 of title 25 concerning hazardous waste; or
(VI) The federal Resource Conservation and Recovery Act of 1976, 42
U.S.C. sec. 6901 et seq., as amended.
(c) Closed landfill means a landfill that no longer accepts new waste for
disposal.
(d) Commission means the solid and hazardous waste commission created
in section 25-15-302.
(e) Eligible local government means a local government that owns a closed
landfill that:
(I) Was formerly but is no longer operated by the local government or by any
state or federal agency and for which the local government is solely financially responsible for closure and post-closure care;
(II) Is not subject to any investigation or remediation pursuant to a cleanup
program; and
(III) Does not have any fully funded private sector financial assurance
mechanism in place that adequately resolves the public health and environmental risks associated with the landfill.
(f) Fund means the closed landfill remediation grant program fund created
in subsection (8) of this section.
(g) Grant program means the closed landfill remediation grant program
created in subsection (2) of this section.
(h) (I) Landfill means a discrete area of land or an excavation where solid
wastes are placed for final disposal.
(II) Landfill includes:
(A) An ash monofill;
(B) A construction and demolition waste landfill;
(C) An industrial landfill;
(D) A sanitary landfill;
(E) A tire monofill; and
(F) Any similar facility where final disposal of solid waste occurs.
(III) Landfill does not include a land application unit, a waste impoundment,
or a waste pile.
(i) Local government means a home rule or statutory city, county, or city
and county.
(2) Grant program created. The closed landfill remediation grant program is
created to provide grants to eligible local governments to help pay the costs of environmental remediation efforts for and management of closed landfills that are owned by the eligible local governments. Subject to annual appropriation, grants shall be paid from money in the fund.
(3) Administration. On and after July 1, 2024, the department shall
administer the grant program in accordance with rules promulgated by the commission pursuant to subsection (7) of this section and shall consult with the advisory committee to:
(a) Evaluate grant applications using criteria established by the rules; and
(b) Award grants to eligible local governments.
(4) Application process. To receive a grant, an eligible local government
must apply to the department in accordance with the rules promulgated by the commission pursuant to subsection (7)(a)(I) of this section.
(5) Uses of grant program money. (a) An eligible local government that
receives a grant from the grant program shall use the grant money only to pay for reasonable costs necessary to assess and remediate risks posed by the local government's closed landfill and to comply with applicable law, including paying reasonable expenses necessary to:
(I) Take emergency, preventive, or corrective actions at a closed landfill;
(II) Investigate, design, and implement appropriate remediation actions in
accordance with applicable regulations, including retaining private third parties to advise the local government and to perform tasks;
(III) Develop, prepare, and implement plans such as work plans,
implementation plans, annual monitoring plans, contingency plans, community relations plans, materials management plans, and post-closure plans, including document review and activity fees in accordance with rules promulgated by the commission;
(IV) Develop and implement a plan for public involvement in the
development, implementation, modification, or expansion of remediation measures; and
(V) Perform post-closure care activities, including:
(A) The use of institutional and engineering controls to ensure site conditions
remain protective of public health, safety, and welfare and the environment; and
(B) Post-closure monitoring.
(b) When expending any money pursuant to this section, the department, the
commission, and any eligible local government that receives a grant from the grant program shall give priority to mitigating the risks posed by solid waste in accordance with section 30-20-101.5 (2) and rules promulgated by the commission concerning the management of solid waste.
(6) Advisory committee created. (a) The closed landfill remediation grant
program advisory committee is created in the department to review grant applications and advise the department as described in subsection (3) of this section. On or before May 1, 2024, the commission shall appoint five members to the advisory committee, including:
(I) Two members representing local governments;
(II) Two members representing the department; and
(III) One member with technical expertise who is not affiliated with a local
government or with the department.
(b) The members of the advisory committee serve terms of three years;
except that:
(I) One of the members initially appointed pursuant to subsection (6)(a)(I) of
this section serves an initial term of one year; and
(II) One of the members initially appointed pursuant to subsection (6)(a)(II) of
this section serves an initial term of two years.
(c) The members of the advisory committee serve without compensation.
(7) Rules. (a) On or before June 1, 2024, the commission shall promulgate
rules for the administration of the grant program as described in this section. At a minimum, the rules must include:
(I) Procedures and timelines by which an eligible local government may
apply for a grant;
(II) Safeguards that ensure that the department awards grants on a fair and
equitable basis consistent with established priorities;
(III) Criteria for evaluating grant applications and awarding grants;
(IV) Criteria for determining grant amounts;
(V) Reporting requirements for grant recipients; and
(VI) The circumstances, if any, under which a grant applicant may be
required to demonstrate matching funds.
(b) When developing criteria for evaluating grant applications and awarding
grants pursuant to subsection (7)(a)(III) of this section, the commission shall require that the department:
(I) Before finalizing any decision to award or deny a grant, interview an
official of the applicant eligible local government who is familiar with the closed landfill site that is the basis of the grant application;
(II) Give priority to grant applications that concern remediation efforts at
closed landfills that are subject to existing compliance orders and at closed landfills that pose the greatest actual risk to public health and the environment. When determining actual risk to public health and the environment, the commission shall require the department to:
(A) Prioritize remediation that enables the state and local governments to
protect public health and the environment in a manner that makes efficient use of limited grant funding; and
(B) Consider an eligible local government's technical assessment of the
actual risk posed to public health and the environment.
(III) (A) Consider giving priority to grant applications received from eligible
local governments that commit matching funds from other sources to pay the costs of the remediation activities that are the basis of the grant application and consider giving priority to grant applications received from eligible local governments based on expenses incurred to date by the eligible local governments in attempting to implement the remediation that is the basis of their grant applications.
(B) In making the considerations described in subsection (7)(b)(III)(A) of this
section, consider whether certain eligible local governments should be required to contribute a lower amount or percentage of matching funds than other eligible local governments based on population, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs.
(8) Cash fund created. (a) The closed landfill remediation grant program
fund is created in the state treasury. The fund consists of:
(I) Money that the general assembly may appropriate or transfer to the fund
from the general fund or any other fund; and
(II) Money credited to the fund as gifts, grants, and donations pursuant to
subsection (8)(d) of this section.
(b) The state treasurer shall credit all interest and income derived from the
deposit and investment of money in the fund to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and shall not be credited or transferred to the general fund or any other fund.
(c) The money in the fund is subject to annual appropriation by the general
assembly to the department for use for the purposes set forth in this section. The department may expend up to two and one-half percent of the money that is annually appropriated to the department from the fund to pay administrative costs incurred by the department, the commission, and the advisory committee.
(d) The department is authorized to seek, accept, and expend gifts, grants,
and donations for the purposes of this section and shall transmit any money received from gifts, grants, or donations to the state treasurer for deposit in the fund.
(e) On August 31, 2033, the state treasurer shall transfer all unexpended and
unencumbered money in the fund to the general fund.
(9) Evaluation and funding recommendations. On or before February 1,
2026, and on or before February 1 every three years thereafter, the commission shall evaluate the current and future financial needs of the grant program and make written recommendations to the general assembly regarding funding.
(10) Report. (a) On or before November 1, 2025, and on or before November 1
of each year thereafter, the department shall prepare and post on its public website a report that summarizes the use of all grant money awarded under the grant program in the preceding fiscal year. At a minimum, the report must include:
(I) The number of grant applicants;
(II) The amount of grant money requested by each applicant;
(III) The eligible local governments that were awarded grants;
(IV) The amount of grant money awarded to each grant recipient;
(V) A description of the grant recipient's use of the grant money; and
(VI) The amount of money remaining in the fund on the date of the report.
(b) The department may include the report described in subsection (10)(a) of
this section in the department's annual report to the committees of reference of the general assembly pursuant to section 30-20-122 (1)(b).
(11) Repeal. This section is repealed, effective September 1, 2033. Prior to
the repeal, the grant program and the advisory committee are scheduled for review in accordance with section 24-34-104.
Source: L. 2023: Entire section added, (HB 23-1194), ch. 225, p. 1160, � 3,
effective August 7.
Cross references: For the legislative declaration in HB 23-1194, see section 1
of chapter 225, Session Laws of Colorado 2023.
PART 2
DISPOSAL DISTRICTS (1953 ACT)
Cross references: For the Special District Act, see article 1 of title 32.
C.R.S. § 30-20-1402
30-20-1402. Definitions. As used in this part 14, unless the context otherwise requires:
(1) Alternative daily cover means at least three inches of earthen material
or other suitable material placed over the exposed solid waste at the end of each operating day, or at such frequencies as needed to prevent or minimize nuisance conditions.
(1.2) ASTM standard D6270 means the American Society for Testing and
Materials standard entitled Standard Practice for Use of Scrap Tires in Civil Engineering Applications, effective on December 15, 2017.
(1.5) Beneficial user means a person who uses solid waste for energy
recovery in a manufacturing process or as an effective substitute for natural or commercial products, in a manner that does not pose a threat to human health or the environment. Avoidance of processing or disposal cost alone does not constitute beneficial use.
(1.7) Board of directors or board means the board of directors of the
enterprise.
(2) Commission means the solid and hazardous waste commission created
in section 25-15-302, C.R.S.
(3) Department means the department of public health and environment.
(4) End user means a person who:
(a) Uses a tire-derived product for a commercial or industrial purpose;
(b) Uses a whole waste tire to generate energy or fuel; or
(c) Consumes tire-derived product or uses tire-derived product in its final
application or in making new materials with a demonstrated sale to a third-party customer.
(4.5) Enterprise means the waste tire management enterprise created in
section 30-20-1403.
(5) Mobile processor means a person who processes waste tires at a
location other than the location of the person's certificate of registration.
(6) Motor vehicle means a self-propelled vehicle that is designed for travel
on the public highways and that is generally and commonly used to transport persons and property over the public highways or a low speed electric vehicle. Motor vehicle includes automobiles, minivans, all trucks, motor homes, and motorcycles.
(7) Public project means:
(a) A publicly funded contract entered into by a governmental body of the
executive branch of this state that is subject to the Procurement Code, articles 101 to 112 of title 24, C.R.S.; and
(b) A publicly funded contract entered into by a county, municipal
government, or special district, including a school district or recreation district.
(7.5) Rural county means a county with a population of fewer than sixty
thousand residents.
(8) Tire means a rubber cushion that fits around a wheel.
(9) Tire-derived product means matter that:
(a) Is derived from a process that uses whole tires as a feedstock, including
shredding, crumbing, and chipping;
(b) Adheres to established engineering or other appropriate specifications or
to established product end user specifications or customer conditions of acceptance;
(c) Has a demonstrated benefit associated with the end use;
(d) Can be used as a substitute for or in conjunction with a commercial
product or raw material; and
(e) Has either been sold and removed from the facility of a processor or has
been used on site by the processor.
(9.5) Ton means a unit of weight equal to two thousand pounds.
(10) Trailer means a wheeled vehicle, without motive power, that is
designed to be drawn by a motor vehicle.
(11) Used tire means a tire that was previously used as a tire and is graded
and classified for reuse as a tire based on specifications and criteria maintained pursuant to section 30-20-1410 (1)(a).
(12) Waste tire means a tire that is modified from its original specifications
but not processed into a tire-derived product, is no longer being used for its initial intended purpose as a tire, and is not a used tire.
(12.5) Waste tire administration fee or administration fee means money
collected pursuant to section 30-20-1403 (2.5)(b).
(13) Waste tire cleanup program or program means the program created
by this part 14.
(14) Waste tire collection facility means a facility at which waste tires are
stored awaiting pickup by a registered waste tire hauler for transportation to a registered waste tire processor or registered waste tire monofill.
(14.5) Waste tire enterprise fee or enterprise fee means money collected
pursuant to section 30-20-1403 (2.5)(a).
(15) Waste tire generator means a person who generates waste tires. The
term includes new tire retailers, used tire retailers, automobile dealers, automobile dismantlers, public and private vehicle maintenance shops, garages, service stations, car care centers, automotive fleet centers, local government fleet operators, and rental fleet operators.
(16) Waste tire hauler means a person who transports ten or more waste
tires in any one load.
(17) Waste tire monofill means part or all of a solid wastes disposal site and
facility that has been issued a certificate of designation and at which only waste tires are accepted.
(18) Waste tire processor means a person who processes a waste tire into a
tire-derived product.
Source: L. 2014: Entire part added, (HB 14-1352), ch. 351, p. 1577, � 1,
effective July 1. L. 2019: (1) amended and (1.2), (1.5), (7.5), and (9.5) added, (SB 19-198), ch. 402, p. 3558, � 1, effective August 2. L. 2024: (1.7), (4.5), (12.5), and (14.5) added, (SB 24-123), ch. 444, p. 3096, � 2, effective June 6.
C.R.S. § 30-20-1411
30-20-1411. Waste tire collection facility - requirements - exemptions. (1) A person who owns or operates a waste tire collection facility shall, as specified by the commission by rule:
(a) Establish and maintain financial assurance;
(b) Register with the department;
(c) Affix a decal required pursuant to section 30-20-1417 (1) to the required
location;
(d) Develop and maintain an engineering design and operations plan,
including a fire prevention and control plan and a plan for emergency response;
(e) Maintain records, including the manifests required by section 30-20-1417
(2), relating to the collection of waste tires;
(f) Develop and maintain a closure plan;
(g) Submit an annual report to the department; and
(h) Complete and submit self-certification documentation as required by the
department.
(2) A waste tire collection facility that is not also registered as a waste tire
processor or waste tire monofill shall not have on site more than seven thousand five hundred waste tires at any one time.
(3) A local, state, or federal agency that stores waste tires as part of a
roadside cleanup activity is exempt from this section if the agency stores fewer than one thousand five hundred waste tires at the facility and the waste tires are disposed of or recycled in accordance with this part 14.
(4) The department may issue a waiver relating to any requirement of this
section.
Source: L. 2014: Entire part added, (HB 14-1352), ch. 351, p. 1588, � 1,
effective July 1.
C.R.S. § 30-20-1412
30-20-1412. Waste tire processors - requirements. (1) A waste tire processor shall, as specified by the commission by rule:
(a) Establish and maintain financial assurance;
(b) Register with the department;
(c) Affix a decal required pursuant to section 30-20-1417 (1) to the required
location;
(d) Develop, maintain, keep available for inspection, and comply with an
engineering design and operations plan, including a fire prevention and control plan, and a plan for emergency response;
(e) Maintain records, including the manifests required by section 30-20-1417
(2), relating to the collection of waste tires;
(f) Develop and maintain a closure plan;
(g) Submit an annual report to the department; and
(h) Complete and submit self-certification documentation as required by the
department.
(2) A waste tire processor is subject to the following:
(a) A waste tire processor that is not also registered as a waste tire monofill
shall not have at the processing facility at any one time more than the lesser of:
(I) One hundred thousand waste tires;
(II) The amount of waste tires allowed under local requirements; or
(III) The amount of waste tires anticipated in the waste tire processor's
financial assurance instrument.
(b) Following a one-year accumulation period, the weight or volume of waste
tires that are processed must be at least seventy-five percent of the total weight or volume of waste tires received and currently in storage over a three-year rolling average. The calculation and accumulation period specified in this paragraph (b) must be based on a measure approved by the commission by rule.
(3) The department may issue a waiver relating to any requirement of this
section.
Source: L. 2014: Entire part added, (HB 14-1352), ch. 351, p. 1589, � 1,
effective July 1.
C.R.S. § 30-20-1413
30-20-1413. Mobile processors - requirements. (1) A mobile processor shall, as specified by the commission by rule:
(a) Establish and maintain financial assurance in the amount of ten thousand
dollars if not already registered as a waste tire collection facility, waste tire processor, or waste tire monofill;
(b) Register the mobile processor's permanent business address with the
department;
(c) Affix a decal required pursuant to section 30-20-1417 (1) to the required
location;
(d) Develop and maintain an engineering design and operations plan,
including a fire prevention and control plan;
(e) Maintain mobile processing records, including the manifests required by
section 30-20-1417 (2), relating to the mobile processing of waste tires;
(f) Submit an annual report to the department;
(g) Not lease or own the property on which the processing occurs;
(h) Not accept or accumulate waste tires unless also registered as a waste
tire processor at the property on which the processing occurs;
(i) Notify and receive permission from the local governing authority to
process waste tires at the location for any period of time;
(j) Not process waste tires at a location for more than thirty consecutive days
unless the mobile processor:
(I) Receives department approval to process at the location; and
(II) Remains in compliance with all state and local environmental
requirements at the location of mobile processing; and
(k) Complete and submit self-certification documentation as required by the
department.
(2) The department may issue a waiver relating to any requirement of this
section.
Source: L. 2014: Entire part added, (HB 14-1352), ch. 351, p. 1590, � 1,
effective July 1.
C.R.S. § 30-20-1415
30-20-1415. Waste tire monofills - requirements. (1) An owner or operator of a waste tire monofill shall, as specified by the commission by rule:
(a) Establish and maintain financial assurance;
(b) Register with the department;
(c) Affix a decal required pursuant to section 30-20-1417 (1) in the required
location;
(d) Maintain a certificate of designation that contains an engineering design
and operations plan, including a fire prevention and control plan, plan for emergency response, inventory reduction plan, and closure plan;
(e) Maintain records, including the manifests required by section 30-20-1417
(2), relating to the storage of waste tires;
(f) Submit an annual report to the department;
(g) Comply with the monofill's certificate of designation;
(h) Comply with the commission's rule on final disposal of waste tires;
(i) Complete and submit self-certification documentation as required by the
department;
(j) On an annual basis, for every one waste tire received, end use at least two
waste tires, or process at least two waste tires into tire-derived product; and
(k) Not place any waste tires into monofill storage after January 1, 2018, and
shall close, or cause to be closed, the waste tire monofill by July 1, 2034.
(2) A governing body having jurisdiction shall not grant an application for a
landfill designated for the disposal only of tires. Nothing in this section limits modifications to existing landfills that accept waste tires.
(3) After soliciting public comment, the department may issue a waiver
relating to any requirement of this section; except that the department shall not issue a waiver of subsection (1)(j) or (1)(k) of this section to a waste tire monofill owner or operator unless the owner or operator has demonstrated that it has achieved a net reduction on an annual basis in the number of waste tires in the monofill or unless an emergency event of limited duration such as a fire or flood, as defined by the commission, has occurred.
Source: L. 2014: Entire part added, (HB 14-1352), ch. 351, p. 1591, � 1,
effective July 1. L. 2019: (3) amended, (SB 19-198), ch. 402, p. 3563, � 5, effective August 2. L. 2024: (1)(k) amended, (SB 24-123), ch. 444, p. 3108, � 7, effective June 6.
C.R.S. § 30-20-203
30-20-203. Powers. (1) The board of county commissioners, following the creation of such district and acting on behalf thereof:
(a) Shall in each year determine the amount of money necessary to be raised
by taxation after taking into consideration all sources of revenue of the district, and shall fix, in addition to such other taxes as may be levied by such board of county commissioners, a rate of levy, not to exceed one-half mill, to be levied upon every dollar of valuation for assessment of the property within the district, which levy, together with other revenues of the district, will raise the amount required by the district annually to supply funds for paying the expenses, acquisition of equipment, costs of operation, maintenance, and employment of personnel therefor;
(b) May establish and fill a position of county sanitation engineer to
supervise and manage the manner of collection and disposing of trash, waste, and garbage of the district, and fix the compensation attached to such position to be paid from the funds of the district, or may authorize an administrative official of the county to assume the functions of such position in addition to his customary duties, and provide for the additional compensation that may be allowed for such official to be paid from the funds of the district;
(c) May provide with the funds of the district for the employment of
personnel to operate and manage the facilities for the collection and disposal of trash, waste, and garbage within the district;
(d) May enter into and execute contracts on behalf of the district with any
firm, corporation, or individual to provide for the collection or disposal, or both, of trash, wastes, and garbage within the district, the revenues from which, if any, shall be solely for the uses and benefits of the district;
(e) May enter into and execute contracts on behalf of the district with any
incorporated village, town, city, or other district for the joint operation of any dump, sanitary fill, or other satisfactory means of garbage and trash disposal, the revenue from which, if any, shall be solely for the uses and benefits of the district;
(f) May by lease, contract, or otherwise provide areas or dumps within or
without the boundaries of the district for the disposal of waste, trash, and garbage collected by the district, the costs for which shall be borne by the district;
(g) May acquire by purchase or lease or otherwise provide for equipment for
the collection and disposal of garbage, waste, and trash, the costs of which shall be borne by the district;
(h) May promulgate and adopt on behalf of the district such schedules, rules,
or regulations as may be necessary for the orderly collection of trash, wastes, or garbage from the district, and for the maintenance and operation of dumps, sanitary fills, or other satisfactory disposal methods and collection areas, which, when so adopted, may be administered and enforced by the county or district public health agency, as the case may be, as provided in other cases by sections 25-1-506 and 25-1-514, C.R.S.;
(i) May enlarge the area of the district by inclusion of other unincorporated
areas, after giving notice of and holding a public hearing thereof, as provided for the creation of the district under section 30-20-202. The area to be included may or may not be adjacent to the district.
(j) May exclude any area from the district or dissolve any district created
under this part 2, after giving notice of and holding a public hearing thereon, as provided for the creation of the district under section 30-20-202.
Source: L. 53: p. 476, � 3. CRS 53: � 89-11-3. C.R.S. 1963: � 89-11-3. L. 2008:
(1)(h) amended, p. 2054, � 12, effective July 1.
C.R.S. § 30-20-402
30-20-402. Powers. (1) In addition to the powers which it may now have, any county without an election of the qualified electors thereof has power under this part 4:
(a) To acquire by gift, purchase, lease, or exercise of the right of eminent
domain, to construct, to reconstruct, to improve, to better, and to extend water facilities or sewerage facilities, or both, wholly within or wholly without the county, or partially within and partially without the county, and to acquire by gift, purchase, or the exercise of the right of eminent domain lands, easements, and rights in land in connection therewith;
(b) To operate and maintain water facilities or sewerage facilities, or both,
for its own use and for the use of public and private consumers and users within and without the territorial boundaries of the county, but no water service or sewerage service, or combination of them, shall be furnished in any other county or in any municipality unless the approval of such other county or municipality is obtained as to the territory in which the service is to be rendered;
(c) To accept loans or grants, or both, from the United States under any
federal law to aid in financing the cost of engineering, architectural, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, or other action preliminary to the construction of water facilities or sewerage facilities, or both;
(d) To accept loans or grants, or both, from the United States under any
federal law for the construction of necessary water facilities or sewerage facilities, or both;
(e) To enter into joint operating agreements, contracts, or arrangements with
consumers concerning water facilities or sewerage facilities, or both, whether acquired or constructed by the county or consumer, and to accept grants and contributions from consumers for the construction of water facilities or sewerage facilities, or both. When determined by its board to be in the public interest and necessary for the protection of the public health, any county is authorized to enter into and perform contracts, whether long-term or short-term, but in no event exceeding fifty years, with any consumer for the provision and operation by the county of sewerage facilities to abate or reduce the pollution of waters caused by discharges of wastes by a consumer and the payment periodically by the consumer to the county of amounts at least sufficient, in the determination of such board, to compensate the county for the cost of providing, including payment of principal and interest charges, if any, and of operating and maintaining the sewerage facilities serving such consumer.
(f) To prescribe, revise, and collect in advance or otherwise from any
consumer or any owner or occupant of any real property connected therewith or receiving service therefrom rates, fees, tolls, and charges, or any combination thereof, for the services furnished by, or the direct or indirect connection with, or the use of, or any commodity from, such water facilities or sewerage facilities, or both, including, without limiting the generality of the foregoing, minimum charges, charges for the availability of service, tap fees, disconnection fees, reconnection fees, and reasonable penalties for any delinquencies, including but not necessarily limited to interest on delinquencies from any date due at a rate of not exceeding one percent per month, or fraction thereof, reasonable attorney fees, and other costs of collection, without any modification, supervision, or regulation of any such rates, fees, tolls, or charges by any board, agency, bureau, commission, or official other than the board of county commissioners collecting them; and, in anticipation of the collection of the revenues of such water facilities or sewerage facilities, or joint system, to issue revenue bonds to finance in whole or in part the cost of acquisition, construction, reconstruction, improvement, betterment, or extension of the water facilities or sewerage facilities, or both; and to issue temporary bonds until permanent bonds and any coupons appertaining thereto have been printed and exchanged for the temporary bonds;
(g) To pledge to the punctual payment of said bonds and interest thereon all
or any part of the revenues of the water facilities or sewerage facilities, or both, including the revenues of improvements, betterments, or extensions thereto, thereafter constructed or acquired, as well as the revenues of existing water facilities or sewerage facilities, or both;
(h) To enter into and perform contracts and agreements with other counties
or with municipalities for or concerning the planning, construction, lease, or other acquisition and the financing of water facilities or sewerage facilities, or both, and the maintenance and operation thereof. Any such counties or municipalities so contracting with each other may also provide in any contract or agreement for a board, commission, or such other body as their boards or governing bodies may deem proper for the supervision and general management of the water facilities or sewerage facilities, or both, and for the operation thereof, and may prescribe its powers and duties and fix the compensation of the members thereof.
(i) To make all contracts, execute all instruments, and do all things
necessary or convenient in the exercise of the powers granted in this section, or in the performance of its covenants or duties, or in order to secure the payment of its bonds; except that no encumbrance, mortgage, or other pledge of property, excluding any pledged revenues, of the county is created thereby, and except that no property, other than money, of the county is liable to be forfeited or taken in payment of said bonds, and except that no debt on the credit of the county is thereby incurred in any manner for any purpose; and
(j) To issue water, or sewer, or joint water and sewer refunding revenue
bonds to refund, pay, or discharge all or any part of its outstanding water, or sewer, or joint water and sewer revenue bonds issued under this part 4 or under any other law, including any interest thereon in arrears or about to become due, or for the purpose of reducing interest costs or effecting other economies or of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds or to any county water facilities or sewerage facilities, or both, as provided in section 30-20-410.
Source: L. 71: p. 355, � 1. C.R.S. 1963: � 36-29-2.
C.R.S. § 30-20-403
30-20-403. Authorization of facilities and bonds. (1) The acquisition, construction, reconstruction, lease, improvement, betterment, or extension of any water facilities or sewerage facilities, or both, and the issuance in anticipation of the collection of revenues of such facilities of bonds to provide funds to pay the cost thereof may be authorized under this part 4 by action of the board of county commissioners taken at a regular or special meeting by a vote of a majority of the members of the board.
(2) The board, in determining such cost, may include all costs and estimated
costs of the issuance of said bonds; all engineering, inspection, fiscal, and legal expenses; interest which it is estimated will accrue during the construction or other acquisition period and for a period of not exceeding one year thereafter on money borrowed or which it is estimated will be borrowed pursuant to this part 4; any discount on the sale of the bonds; costs of financial, professional, and other estimates and advice; contingencies; any administrative, operating, and other expenses of the county prior to and during such acquisition period and for a period of not exceeding one year thereafter, as may be determined by the board; and all other expenses as may be necessary or incident to the financing, acquisition, improvement, equipment, and completion of any water or sewerage facilities, joint water and sewer system, or part thereof, and the placing of the same in operation; and also such provision or reserves for working capital, operation, maintenance, or replacement expenses or for payment or security of principal of or interest on any bonds during or after such an acquisition or improvement and equipment as the board may determine; and also reimbursements to the federal government, or any agency, instrumentality, or corporation thereof, of any moneys theretofore expended for or in connection with any such water or sewerage facilities, or both.
Source: L. 71: p. 357, � 1. C.R.S. 1963: � 36-29-3.
C.R.S. § 30-20-416
30-20-416. Compulsory sewer connections - owner to be notified. (1) In addition to the powers already had by counties, they have the following powers as enumerated below:
(a) Whenever the board of county commissioners of a county having a public
sewerage system determines that the county sewer line is within four hundred feet of the boundary line of any premises located within the county and the board deems it necessary for the protection of public health that the owners of one or more of such premises shall connect their premises with the public sewer, thirty days' notice in writing shall be given to said owners, by registered mail, notifying them to connect their premises with the sewer, the date of the notice to begin as of the date of registering the same for mailing.
(b) If the work of making the connection is not begun within thirty days, the
board shall notify the county engineer to prepare plans and specifications for making the connection with the public sewer, including water and service pipe for flushing purposes, if the owner has given notice and proof to said board of his financial inability to make the connection himself and if it is only for the necessary connection of a water closet or of a privy in an outhouse or both.
Source: L. 71: p. 364, � 1. C.R.S. 1963: � 36-29-16.
C.R.S. § 30-20-417
30-20-417. Resolution adopted. The plans or specifications shall be filed in the county clerk and recorder's or engineer's office, and a resolution shall be adopted by the board ordering or prescribing in general terms the contemplated sewerage connections, giving location of the premises and the name of the owner and authorizing the county clerk and recorder to advertise for bids. The advertisement for bids shall be the same as is now provided for in other cases wherein counties receive bids. The board of county commissioners shall let the contract to the lowest responsible bidder who shall furnish satisfactory security, but it shall have the right to reject all bids.
Source: L. 71: p. 364, � 1. C.R.S. 1963: � 36-29-17.
C.R.S. § 30-20-418
30-20-418. Cost of connection. The entire costs of all sewerage and water connections, closets, equipment pipe, sewer pipe, labor, and necessary engineering, legal, and publication expenses shall be ascertained by the board of county commissioners, including an amount of six percent additional for costs of inspection, collections, and other incidentals. The cost to each owner shall be determined according to the material used and work done under the contract in connecting such property to the public sewer and water main. The engineering, legal, and publication expenses shall be charged in proportion as each connection bears to the whole. The cost to each owner shall be billed to him and if unpaid shall be collected in the same manner as other rates, fees, tolls, and charges of the system.
Source: L. 71: p. 365, � 1. C.R.S. 1963: � 36-29-18.
C.R.S. § 30-20-601
30-20-601. Power to make local improvements. Except as otherwise provided in this part 6, any county in this state may construct any of the local improvements mentioned in this part 6 and fund such improvements by assessing the cost thereof, wholly or in part, upon the property especially benefited by such improvements or, for the funding of improvements authorized by section 30-20-603 (1)(a), (1)(a.5), and (1)(c), by imposing a sales tax throughout the district or by utilizing a combination of such assessments and tax. The improvements shall be authorized by resolution duly adopted and shall be constructed under the direction of the county engineer or other officer having similar duties or under the direction of the board in accordance with plans and specifications adopted by the board.
Source: L. 73: p. 483, � 1. C.R.S. 1963: � 36-30-1. L. 87: Entire section
amended, p. 1210, � 1, effective May 7. L. 99: Entire section amended, p. 515, � 11, effective April 30. L. 2000: Entire section amended, p. 1989, � 1, effective August 2.
C.R.S. § 30-20-603
30-20-603. Improvements and funding authorized - how instituted - conditions - definitions. (1) (a) (I) A district may be formed in accordance with the requirements of this part 6 for the purpose of constructing, installing, acquiring, or funding, in whole or in part, any public improvement so long as the county that forms the district is authorized to provide such improvement or provide for such funding under the county's home rule charter, if any, or the laws of this state. Public improvements or the funding of public improvements must not include any facility identified in section 30-20-101 (8) or (9). A district shall not provide the same improvement as an existing special district within the territory of the existing special district unless the existing special district consents.
(II) The improvements authorized by this part 6 may consist, without
limitation, of constructing, grading, paving, pouring, curbing, guttering, lining, or otherwise improving the whole or any part of any street or providing street lighting, drainage facilities, or service improvements, in the unincorporated area of a county or wholly or partly within the boundaries of any municipality within the county if such municipality consents by ordinance to the improvements. If improvements within a municipality are so included in a county improvement district by municipal consent, the county may construct or acquire such improvements, assess property within the municipality benefited by the improvements, and enforce and collect such assessments, in the manner provided in this part 6. The improvements authorized by this part 6 may include, without limitation, the construction of sidewalks adjacent to any such streets or maintenance roads adjacent to any such drainage facilities.
(III) Prior to the establishment of any improvement district for the purpose of
providing street lighting, arrangements, by contract or otherwise, must be established under which the owners of property included within the district are responsible for the maintenance and operation of the street lighting improvement. The costs of maintenance and operation of the street lighting improvements shall not be paid from the county general fund.
(IV) Drainage facilities shall not be provided in any area that is within an
existing drainage district organized or created pursuant to law without the approval of the district.
(V) As used in this subsection (1)(a), service includes the services provided
by a public utility as defined in section 40-1-103, as well as broadband internet service as defined in section 40-15-102 (3.5), cable television service as defined in section 29-27-102 (2), telecommunications service as defined in section 40-15-102 (29), and information service as defined in 47 U.S.C. sec. 153 (24), or any successor section.
(a.5) In a district formed prior to December 31, 2002, by a city that has been
authorized to become a city and county pursuant to an amendment to the state constitution that has been approved by the registered electors of the state of Colorado and in which a sales tax is levied pursuant to section 30-20-604.5, the improvements may also consist of the provision of transportation services, vehicles, equipment, parking, and improvements in the district. Transportation services may be provided by the district in an area within the regional transportation district as described in section 32-9-106.1, C.R.S., if the regional transportation district consents to the provision of such services.
(b) Additionally, the improvements authorized by this part 6 may consist of
constructing, installing, or otherwise improving the whole or any part of any system for the transmission or distribution of water or for the collection or transmission of sewage, or both such systems.
(c) If any improvement or transportation services authorized by this
subsection (1) are funded by sales tax, the tax may also be used for the operation and maintenance of such improvement or services, for the production and distribution of informational products and materials, and for the organization, promotion, marketing, and management of public events.
(d) The improvements authorized by this part 6 may include the construction,
maintenance, and operation of safety measures that are necessary to allow the county to restrict the sounding of locomotive horns at highway-rail grade crossings in compliance with 49 U.S.C. sec. 20153, as amended, and the applicable rules of the federal railroad administration. The district shall construct, maintain, and operate the safety measures in accordance with the provisions of section 40-4-106, C.R.S., and the standards of safety prescribed by the public utilities commission pursuant to section 40-29-110, C.R.S.
(e) The improvements authorized by this part 6 may include, where specified
or generally provided for in the resolution of the board approving the district, any renewable energy improvement or energy efficiency improvement to any residential or commercial property within the district.
(f) Any district formed pursuant to this part 6 and the county that forms the
district shall implement the funding authorized by this part 6 for service improvements as defined in paragraph (a) of this subsection (1) in a nondiscriminatory and technologically and competitively neutral manner.
(g) (I) A public utility or telecommunications service improvement funded by
a district established pursuant to this part 6 shall be constructed only by or in agreement with a public utility or telecommunications service provider duly authorized by the public utilities commission, as applicable, to provide service, facilities, plants, or systems in the area in which the public utility or telecommunications service improvement is to be constructed and shall be owned, operated, and maintained by the public utility or telecommunications service provider. All other service improvements as defined in subsection (1)(a) of this section funded pursuant to this part 6 shall be constructed by or in agreement with the service provider and owned and operated by the service provider. Neither a district formed pursuant to this part 6, nor the county that forms the district, shall:
(A) Use the authority set forth in this section to provide, directly or indirectly,
any services as defined in subsection (1)(a) of this section; or
(B) Have any right, title, or interest in any service improvement as defined in
subsection (1)(a) of this section funded by a district established pursuant to this part 6.
(II) In compliance with the procedures set forth in subsection (1)(g)(I) of this
section, a rural county may establish a local improvement district only in an unserved area to contract with a telecommunications service provider or a broadband internet service provider to fund the construction of broadband internet service improvement.
(III) For purposes of this subsection (1)(g):
(A) Repealed.
(A.5) Broadband internet service has the same meaning as set forth in
section 40-15-102 (3.5).
(B) Rural county means any county that has a population of fewer than
sixty thousand inhabitants.
(C) Unserved area has the same meaning as set forth in section 40-15-102
(32)(a).
(h) Nothing in this part 6 shall extend, diminish, or otherwise alter the
jurisdiction of the public utilities commission created in section 40-2-101, C.R.S.
(2) (a) The board may declare by resolution any local improvement district
authorized by this part 6 and may by resolution order the improvements authorized by subsection (3) of this section; except that, if written protests are submitted prior to the hearing referred to in subsection (6) of this section by the owners of property within the proposed district or assessment unit, which property, based upon the proposed method of assessment, would bear more than one-half of the total proposed assessments within the district or the assessment unit, the board shall not proceed with such local improvement district or assessment unit based on the preliminary order so protested. Such protests shall not prevent the board from adopting a subsequent preliminary order for such improvements, subject to notice, hearing, and protest as provided in this part 6.
(b) If the district is initiated by resolution of the board of county
commissioners, the commissioners shall, in addition to the notice provided for in subsection (6) of this section, make reasonable attempts to deliver or mail to each address within the district a brief written synopsis of the proposed improvements no less than ten days before the hearing. This shall not be interpreted to mean that insufficient notice has been given if any property owner claims not to have received the notice, provided that the commissioners have made a bona fide effort to comply.
(2.5) (a) The boundaries of any district organized under the provisions of this
part 6 may be changed in the manner prescribed in this subsection (2.5); except that the change of boundaries of the district shall not impair or affect the district's organization or rights in or to property or any of the district's rights or privileges whatsoever, nor shall the change affect or impair or discharge any contract, obligation, lien, or charge for or upon which the district might be liable or chargeable had any such change of boundaries not been made. The owners of property proposed to be included or excluded may file a petition with the board, in writing, requesting that such property be included in or excluded from the district. The petition shall describe the property owned by the petitioners and shall be verified. The petition shall be accompanied by a deposit of moneys sufficient to pay all costs of the inclusion or exclusion proceedings. The county clerk and recorder shall cause notice of the filing of such petition to be given and posted, which notice shall state the filing of such petition, the names of the petitioners, descriptions of the property sought to be included or excluded, and the request of said petitioners.
(b) The notice of the filing of a petition required by paragraph (a) of this
subsection (2.5) shall inform all persons having objections to appear at the time and place stated in said notice and show cause why the petition should not be granted. The board, at the time and place mentioned in the notice or at any time to which the hearing may be adjourned, shall proceed to hear the petition and all objections thereto that may be presented by any person showing cause why said petition should not be granted. The failure of any interested person to show cause shall be deemed as an assent on the person's part to the inclusion or exclusion of such property as requested in the petition. If the change of boundaries of the district does not adversely affect the district and if the petition is granted, the board shall adopt a resolution changing the boundaries of the district accordingly and record a certified copy of the resolution with the county clerk and recorder of the county in which the property is located, and the property is thereafter included in or excluded from the district as applicable.
(c) The board shall take into consideration and make a finding regarding all
of the following factors when determining whether to grant or deny the petition:
(I) The best interests of all of the following:
(A) The property to be included or excluded in the local improvement district;
(B) The local improvement district for which the change of boundaries is
proposed; and
(C) The county or counties in which the local improvement district is located;
(II) The relative cost and benefit to the property to be included in or excluded
from the district; and
(III) The ability of the local improvement district to provide economical and
sufficient improvements or services to both the property to be included or excluded and all of the properties within the district's boundaries.
(d) All property included in or excluded from a district is subject to the levy
of taxes, assessments, or both, for the payment of the property's proportionate share of any indebtedness of the district outstanding at the time of the property's inclusion or exclusion.
(3) (a) Except as to improvements initiated by the board as authorized by
subsection (2) of this section, no improvement shall be ordered under this part 6 unless a petition for the same is first presented, subscribed by the owners of property to be assessed for more than one-half of the entire costs estimated by the board to be assessed, and, except as specified in this section, nothing in this part 6 shall restrict the right of such owners from securing any particular kind or variety of improvements petitioned for. In any case where a proposed improvement district includes two or more assessment units, the owners of property to be assessed for more than one-half of the entire costs estimated by the board to be assessed in each assessment unit shall petition as specified in this part 6. In any case where a proposed improvement district formed prior to December 31, 2002, plans to provide transportation services and improvements pursuant to paragraph (a.5) of subsection (1) of this section and to levy a sales tax pursuant to section 30-20-604.5 to fund such services and improvements, the owners of the taxable real and personal property within the proposed improvement district having a valuation for assessment of not less than fifty percent of the valuation for assessment of all real or personal property within the district shall sign the petition presented to the board.
(b) If the owners of property to be assessed for more than one-half of the
entire costs estimated by the board to be assessed shall petition for any particular kind of improvement and for any particular materials to be used in the same, the improvement must be ordered in accordance with the petition, and the materials so designated shall be used, except as otherwise provided in this section.
(c) If the material petitioned for by the owners of property to be assessed for
more than one-half of the entire costs estimated by the board to be assessed is one that does not encourage competition, it shall be the right of the petitioners to state in the petition the maximum price per square yard, or linear foot, or per unit at which the improvement is desired, and no contract shall be let for any such improvement at a price exceeding the maximum price fixed in said petition, excluding the cost of engineering, collection, inspection, incidentals, and interest.
(4) The board shall encourage competition, by advertising for and receiving
bids for such construction, and, so far as possible within the limits of the petition, shall describe all materials by standard or quality in the specifications.
(5) Before contracting for or ordering any work to be constructed whether
initiated by the board or by petition, a preliminary order shall be made by the board, adopting preliminary plans and specifications for the same, definitely describing the materials to be used, or stating that one of several specified materials shall be chosen, determining the number of installments and time in which the cost of the improvement shall be payable, if any, and the property, if any, to be assessed for the same, as provided in this part 6, and requiring an estimate of the cost to be made by the county engineer or any similar officer or employee, together with a map of the district in which the improvement is to be made, and a schedule showing the approximate amounts, if any, to be assessed upon the several lots or parcels of property within the district. The cost estimates and approximate amounts to be assessed shall be formulated in good faith on the basis of the best information available to the board but shall not be binding.
(6) The county clerk and recorder shall give notice, by advertisement once in
a newspaper of general circulation in such county, to the owners of any property to be assessed of:
(a) The kind of improvements proposed;
(b) The number of installments;
(c) The time in which the cost will be payable;
(d) Repealed.
(e) The extent of the district to be improved;
(f) The probable cost per front foot or other unit basis which, in the judgment
of the board, reflects the benefits which accrue to the properties to be assessed, as shown by the estimates of the engineer;
(g) The time, not less than thirty days after the publication, when a resolution
authorizing the improvements will be considered;
(h) That said map and estimate and schedule showing the approximate
amounts to be assessed and all resolutions and proceedings are on file and may be seen and examined by any person interested at the office of the county clerk and recorder or other designated place at any time within said period of thirty days; and
(i) That all complaints and objections that may be made in writing concerning
the proposed improvement by the owners of any real estate to be assessed will be heard and determined by the board before final action thereon.
(7) The finding by resolution of the board that said improvements were duly
ordered after notice duly given and after hearing duly held and that such proposal was properly initiated by the said board or that a petition was presented and that the petition was subscribed by the required number of owners shall be conclusive of the facts so stated in every court or other tribunal.
(8) Any resolution or order in the premises may be modified, confirmed, or
rescinded at any time prior to the passage of the resolution authorizing the improvements.
(9) The specifications for paving may include sidewalks, curbs, gutters, and
grading, and sufficient culverts, sewers, or drains necessary to carry off the surface waters across or along the line of the street improved, and such other incidentals to paving as, in the judgment of the board, may be required. The specifications may also provide that bidders shall agree to enter into contract to do the work and maintain the same in good repair for a period of five years; and the contract may be entered into in accordance therewith.
(10) If, before any such improvements are made, any piece of real estate to
be assessed already has an improvement conforming to the general plan or satisfactory to the board, an allowance therefor may be made to the owner, and such allowance may be deducted from the owner's assessment and from the contract price.
(11) Any other provision of this part 6 notwithstanding, the board may initiate
an improvement district for the purpose of acquiring existing improvements of a character authorized by this part 6, in which case the provisions of section 30-20-601 concerning construction under the direction of county officers and the provisions of subsections (4) and (5) of this section concerning competitive bidding and preliminary plans and specifications shall not apply.
(11.5) (a) Any other provision of this part 6 notwithstanding, the board may
initiate an improvement district for the purpose of encouraging, accommodating, and financing improvements of a character authorized by paragraph (e) of subsection (1) of this section. Any such district shall include only property for which the owner has executed a contract or agreement consenting to the inclusion of such property within the district, and such consent may occur subsequent to the adoption of the resolution of the board forming the district. The contract or agreement shall note the existence of any first priority mortgage or deed of trust on the property, the identity of the record holder thereof, and the penalty for default provided in section 30-20-615 clearly stating that default, like the penalties that exist for default on any mortgage or any other special assessment, may result in the loss of the applicant's home. Within thirty days of a person's submission of an application to the district, the board shall provide written notice to the record holder of any first priority mortgage or deed of trust on the real property that the person is participating in the district. The inclusion of such property within the district subsequent to the adoption of the resolution of the board forming the district may be made by the adoption of a supplemental or amending resolution of the board. For districts formed for the purpose of encouraging, accommodating, and financing renewable energy improvements or energy efficiency improvements, subsections (4), (5), and (6) of this section concerning competitive bidding, preliminary plans and specifications, and notice, section 30-20-601 concerning construction under the direction of county officers, section 30-20-622 concerning contracts for construction, and section 30-20-623 concerning contract provisions do not apply. For such districts, the owner of property within a district may arrange improvements that qualify pursuant to the resolution of the board authorizing improvements for the district and may obtain financing for said improvements from the district through the process set forth in the resolution forming the district.
(b) (I) Districts formed for the purposes authorized in paragraph (e) of
subsection (1) of this section may cross county boundaries and include properties in multiple counties, whether such counties are contiguous or noncontiguous, if the boards of county commissioners of the affected counties have entered into an intergovernmental agreement or memorandum of understanding regarding the sharing of incremental costs attributable to the district's crossing of county boundaries, with such costs becoming part of the total assessment allocated to each participating landowner.
(II) For any district that may include properties in other counties, the board
shall notify the boards of county commissioners and the county treasurers of such counties, at least ten days in advance of the public meeting at which it will be discussed, of the potential inclusion of such properties. The originating board shall consider comments sent by such boards of county commissioners or county treasurers concerning the potential addition of properties from their counties if the comments have been received by the date of the public meeting.
(III) If a municipality that has territory in multiple counties, one of which has
created a district for the purposes authorized in paragraph (e) of subsection (1) of this section, desires to consent to the inclusion within such district of any of the properties within its entire incorporated boundary, the municipality shall expressly state in its ordinance granting consent that any property located in the municipality, irrespective of the county in which such property is located, may be included in the district.
(12) The board is authorized to enter into contracts and agreements with any
owner of property within the district or any other person concerning the construction or acquisition of improvements, the assessment of the cost thereof, the waiver or limitation of legal rights, or any other matter concerning the district.
(13) At or about the time of the adoption by the board of any resolution
creating a district, a copy of such resolution shall be provided to the county assessor, the county treasurer, and the division of local government in the department of local affairs. The board shall make a good faith attempt to comply with this subsection (13), but failure to comply shall not affect or impair the organization of any district, the construction or acquisition of improvements therein, the levying and collection of assessments, or any other matter pursuant to the provisions of this part 6.
Source: L. 73: p. 484, � 1. C.R.S. 1963: � 36-30-3. L. 79: (1) amended, p. 1150,
� 1, effective April 25. L. 83: (1) amended, p. 1235, � 1, effective March 22; (1) amended, p. 1245, � 3, effective July 1. L. 85: (1)(a), (2)(a), (5), and (6)(f) amended, (6)(d) repealed, and (11) added, pp. 1071, 1077, �� 1, 14, effective May 24. L. 86: (2)(a), (3), (5), (6)(f), (6)(i), (7), and (9) to (11) amended and (12) added, p. 1052, � 17, effective July 1. L. 87: (5) and IP(6) amended, p. 1211, � 3, effective May 7. L. 90: (13) added, p. 1471, � 1, effective October 1. L. 99: (1)(c) added, p. 516, � 13, effective April 30. L. 2000: (1)(c) and (3)(a) amended and (1)(a.5) added, p. 1990, � 3, effective August 2. L. 2002: (1)(c) amended, p. 335, � 2, effective April 19; (1)(a) amended, p. 269, � 7, effective August 7. L. 2006: (1)(d) added, p. 347, � 2, effective August 7. L. 2007: (1)(a.5) amended, p. 833, � 2, effective May 14. L. 2008: (1)(e) and (11.5) added, p. 1296, �� 10, 11, effective May 27. L. 2009: (1)(a) amended and (1)(f), (1)(g), and (1)(h) added, (HB 09-1217), ch. 251, p. 1125, � 1, effective August 5. L. 2010: (11.5) amended, (SB 10-100), ch. 207, p. 900, � 2, effective May 5. L. 2013: (1) (c) amended and (2.5) added, (HB 13-1036), ch. 182, p. 670, � 2, effective August 7. L. 2017: (1)(g) amended, (HB 17-1174), ch. 134, p. 449, � 1, effective August 9. L. 2023: (1)(a) and (1)(g)(II) amended, (1)(g)(III)(A) repealed, and (1)(g)(III)(A.5) added, (SB 23-183), ch. 139, p. 589, � 10, effective May 1; (1)(a) amended, (HB 23-1252), ch. 166, p. 762, � 7, effective August 7; (1)(a) amended, (HB 23-1301), ch. 303, p. 1839, � 72, effective August 7.
Editor's note: (1) Amendments to subsection (1) by House Bill 83-1163 and
House Bill 83-1033 were harmonized.
(2) Amendments to subsection (1)(a) by SB 23-183, HB 23-1252, and HB 23-1301 were harmonized.
Cross references: For the legislative declaration in HB 23-1252, see section 1
of chapter 166, Session Laws of Colorado 2023.
C.R.S. § 30-20-904
30-20-904. Department of public health and environment rules. The department of public health and environment may promulgate rules for the engineering design and operation of solid waste-to-energy incineration systems, and any such system shall comply with such rules before beginning operations.
Source: L. 83: Entire part added, p. 1243, � 2, effective May 31. L. 94: Entire
section amended, p. 2800, � 560, effective July 1.
PART 10
SOLID WASTES DISPOSAL LIMITATIONS
Cross references: For the legislative declaration contained in the 2005 act
enacting this part 10, see section 1 of chapter 285, Session Laws of Colorado 2005.
C.R.S. § 30-28-101
30-28-101. Definitions. As used in this part 1, unless the context otherwise requires:
(1) Disposition means a contract of sale resulting in the transfer of
equitable title to an interest in subdivided land; an option to purchase an interest in subdivided land; a lease or an assignment of an interest in subdivided land; or any other conveyance of an interest in subdivided land which is not made pursuant to one of the foregoing.
(2) Evidence means any map, table, chart, contract, or other document or
testimony, prepared or certified by a qualified person to attest to a specific claim or condition, which evidence shall be relevant and competent and shall support the position maintained by the subdivider.
(3) Municipal planning commission means any planning commission or
other body charged with the functions of such commission of any city, city and county, or incorporated town, whether created pursuant to the authority of state statute or of home rule charter.
(4) Planning commission means either a planning commission or, in a
county where there is no planning commission, the board of county commissioners.
(5) Plat means a map and supporting materials of certain described land
prepared in accordance with subdivision regulations as an instrument for recording of real estate interests with the county clerk and recorder.
(6) Preliminary plan means the map of a proposed subdivision and
specified supporting materials, drawn and submitted in accordance with the requirements of adopted regulations, to permit the evaluation of the proposal prior to detailed engineering and design.
(7) Region means the area encompassed by a regional planning
commission, being the combined land areas subject to the jurisdiction of the participating governmental units.
(8) Sketch plan means a map of a proposed subdivision, drawn and
submitted in accordance with the requirements of adopted regulations, to evaluate feasibility and design characteristics at an early state in the planning.
(9) Subdivider or developer means any person, firm, partnership, joint
venture, association, or corporation participating as owner, promoter, developer, or sales agent in the planning, platting, development, promotion, sale, or lease of a subdivision.
(10) (a) Subdivision or subdivided land means any parcel of land in the
state which is to be used for condominiums, apartments, or any other multiple-dwelling units, unless such land when previously subdivided was accompanied by a filing which complied with the provisions of this part 1 with substantially the same density, or which is divided into two or more parcels, separate interests, or interests in common, unless exempted under paragraph (b), (c), or (d) of this subsection (10). As used in this section, interests includes any and all interests in the surface of land but excludes any and all subsurface interests.
(b) The terms subdivision and subdivided land, as defined in paragraph (a)
of this subsection (10), shall not apply to any division of land which creates parcels of land each of which comprises thirty-five or more acres of land and none of which is intended for use by multiple owners.
(c) Unless the method of disposition is adopted for the purpose of evading
this part 1, the terms subdivision and subdivided land, as defined in paragraph (a) of this subsection (10), shall not apply to any division of land:
(I) Which creates parcels of land, such that the land area of each of the
parcels, when divided by the number of interests in any such parcel, results in thirty-five or more acres per interest;
(II) Which could be created by any court in this state pursuant to the law of
eminent domain, or by operation of law, or by order of any court in this state if the board of county commissioners of the county in which the property is situated is given timely notice of any such pending action by the court and given opportunity to join as a party in interest in such proceeding for the purpose of raising the issue of evasion of this part 1 prior to entry of the court order; and, if the board does not file an appropriate pleading within twenty days after receipt of such notice by the court, then such action may proceed before the court;
(III) Which is created by a lien, mortgage, deed of trust, or any other security
instrument;
(IV) Which is created by a security or unit of interest in any investment trust
regulated under the laws of this state or any other interest in an investment entity;
(V) Which creates cemetery lots;
(VI) Which creates an interest in oil, gas, minerals, or water which is severed
from the surface ownership of real property;
(VII) Which is created by the acquisition of an interest in land in the name of
a husband and wife or other persons in joint tenancy or as tenants in common, and any such interest shall be deemed for purposes of this subsection (10) as only one interest;
(VIII) Which is created by the combination of contiguous parcels of land into
one larger parcel. If the resulting parcel is less than thirty-five acres in land area, only one interest in said land shall be allowed. If the resulting parcel is greater than thirty-five acres in land area, such land area, divided by the number of interests in the resulting parcel, must result in thirty-five or more acres per interest. Easements and rights-of-way shall not be considered interests for purposes of this subparagraph (VIII).
(IX) Which is created by a contract concerning the sale of land which is
contingent upon the purchaser's obtaining approval to subdivide, pursuant to this article and any applicable county regulations, the land which he is to acquire pursuant to the contract;
(X) Which creates a cluster development pursuant to part 4 of this article.
(d) The board of county commissioners may, pursuant to rules and
regulations or resolution, exempt from this definition of the terms subdivision and subdivided land any division of land if the board of county commissioners determines that such division is not within the purposes of this part 1.
(11) Subdivision improvements agreement means one or more security
arrangements which a county shall accept to secure the actual cost of construction of such public improvements as are required by county subdivision regulations within the subdivision. The subdivision improvements agreement may include any one or a combination of the types of security or collateral listed in this subsection (11), and the subdivider may substitute security in order to release portions of the subdivision for sale. The types of collateral which may be used as security under the subdivision improvements agreement are as follows: Restrictions on the conveyance, sale, or transfer of any lot, lots, tract, or tracts of land within the subdivision as set forth on the plat or as recorded by separate instrument; performance or property bonds; private or public escrow agreements; loan commitments; assignments of receivables; liens on property; letters of credit; deposits of certified funds; or other similar surety agreements. Security, other than plat restrictions, required under the subdivision improvements agreement shall equal in value the cost of improvements to be completed but shall not be required on the portion of the subdivision subject to plat restriction. The county shall not require security arrangements with collateral arrangements in excess of the actual cost of construction of the public improvements. The amount of security may be incrementally reduced as subdivision improvements are completed.
(12) Unincorporated means situated outside of cities and towns, so that,
when used in connection with territory, areas, or the like, it covers, includes, and relates to territory or areas which are not within the boundaries of any city or town.
Source: L. 39: p. 309, � 28. CSA: C. 45A, � 28. CRS 53: �� 106-2-28, 106-2-34. L. 59: p. 624, � 6. L. 61: p. 591, � 1. C.R.S. 1963: �� 106-2-27, 106-2-33. L. 72: pp.
499, 500, �� 4, 5. L. 73: pp. 1083, 1084, �� 1, 1. L. 74: (3)(a) amended, p. 334, � 1, effective May 14. L. 75: (11) R&RE, p. 988, � 2, effective July 14. L. 77: (10)(a) amended, p. 1453, � 1, effective May 24; (10)(c)(II) R&RE, p. 1455, � 1, effective May 26. L. 83: (10)(c)(IX) added, p. 1250, � 1, effective May 20. L. 96: (10)(c)(X) added, p. 1880, � 1, effective June 6.
Cross references: (1) For municipal planning and zoning, see article 23 of
title 31.
(2) For definitions applicable to this article, see � 30-26-301 (2)(d).
C.R.S. § 30-28-106
30-28-106. Master plan - definitions. (1) It is the duty of a county planning commission to make and adopt a master plan for the physical development of the unincorporated territory of the county, subject to the approval of the county commission having jurisdiction thereof. When a county planning commission decides to adopt a master plan, the commission shall conduct public hearings, after notice of such public hearings has been published in a newspaper of general circulation in the county in a manner sufficient to notify the public of the time, place, and nature of the public hearing, prior to final adoption of a master plan in order to encourage public participation in and awareness of the development of such plan and shall accept and consider oral and written public comments throughout the process of developing the plan.
(2) (a) It is the duty of a regional planning commission to make and adopt a
regional plan for the physical development of the territory within the boundaries of the region, but no such plan shall be effective within the boundaries of any incorporated municipality within the region unless such plan is adopted by the governing body of the municipality for the development of its territorial limits and under the terms of paragraph (b) of this subsection (2). When a regional planning commission decides to adopt a master plan, the commission shall conduct public hearings, after notice of such public hearings has been published in a newspaper of general circulation in the region in a manner sufficient to notify the public of the time, place, and nature of the public hearing, prior to final adoption of a master plan in order to encourage public participation in and awareness of the development of such plan and shall accept and consider oral and written public comments throughout the process of developing the plan.
(b) Any plan adopted by a regional planning commission shall not be deemed
an official advisory plan of any municipality or county unless adopted by the planning commission of such municipality or county.
(3) (a) The master plan of a county or region, with the accompanying maps,
plats, charts, and descriptive and explanatory matter, must show the county or regional planning commission's recommendations for the development of the territory covered by the master plan. The master plan of a county or region is an advisory document to guide land development decisions; however, the master plan or any part thereof may be made binding by inclusion in the county's or region's adopted subdivision, zoning, platting, planned unit development, or other similar land development regulations after satisfying notice, due process, and hearing requirements for legislative or quasi-judicial processes, as appropriate.
(a.3) (I) The county or regional planning commission shall follow the
procedures in section 24-32-3209. For purposes of this section, any special district that supplies water to the area covered by the master plan is a neighboring jurisdiction as defined in section 24-32-3209 (1)(h).
(II) In adopting or amending a master plan, the county or regional planning
commission shall consider the following, where applicable or appropriate, and any other information deemed relevant by the county or regional planning commission:
(A) The applicable housing needs assessments published pursuant to
sections 24-32-3702 (1)(b), 24-32-3703, and 24-32-3704;
(B) The statewide strategic growth report created pursuant to section 24-32-3707;
(C) The natural land and agricultural opportunities report published pursuant
to section 24-32-3708; and
(D) The Colorado water plan adopted pursuant to section 37-60-106.3.
(a.5) The master plan must include:
(I) A narrative description of the procedure used for the development and
adoption of the master plan, including a summary of any objections to the master plan made by neighboring jurisdictions as defined in section 24-32-3209 (1)(h) and a description of the resolution or outcome of the objections;
(II) (A) A water supply element developed in consultation with entities that
supply water for use within the county or region to ensure coordination on water supply and facility planning. Nothing in this section requires the public disclosure of confidential information related to water supply or facilities.
(B) The water supply element must estimate a range of water supplies and
facilities needed to support the potential public and private development described in the master plan, and include water conservation policies, to be determined by the county or local governments within a region, which may include goals specified in the Colorado water plan adopted pursuant to section 37-60-106.3 and policies to implement water conservation and other Colorado water plan goals as a condition of development approval, for subdivisions, planned unit developments, special use permits, and zoning changes.
(C) A county or region with a master plan that includes a water supply
element shall ensure that its master plan includes water conservation policies at the first amending of the master plan, but not later than July 1, 2025.
(D) Nothing in this subsection (3)(a.5)(II) supersedes, abrogates, or otherwise
impairs the allocation of water pursuant to the state constitution or any other provision of law, the right to beneficially use water pursuant to decrees, contracts, or other water use agreements, or the operation, maintenance, repair, replacement, or use of any water facility.
(E) The department of local affairs may hire and employ one full-time
employee to provide educational resources and assistance to a county or region that includes water conservation policies in the water supply elements of master plans as required by this subsection (3)(a.5)(II).
(III) A strategic growth element that integrates elements of the master plan
to discourage sprawl and promote the development or redevelopment of vacant and underutilized parcels in urban areas to address the demonstrated housing needs of the county or region and mitigate the need for extension of infrastructure and public services to develop natural and agricultural lands for residential uses. The strategic growth element must include:
(A) A description of existing and potential policies and tools to promote
strategic growth and prevent sprawl;
(B) An analysis of vacant and underutilized sites that identifies vacant,
partially vacant, and underutilized land near existing or planned transit or job centers that could be used for infill development, redevelopment, and new development of housing; assesses the general feasibility of the development or redevelopment of such sites for residential use based on existing and needed infrastructure, transportation capacity, access to public transit, and public facilities and services to serve such sites; describes the public benefits of the development or redevelopment of such sites to the county or region as an alternative to the development of previously undeveloped natural or agricultural land; and, in a manner that is consistent with the master plan, designates such sites for which development or redevelopment is deemed to be generally feasible for future uses that include residential uses in a manner that addresses the demonstrated housing needs of the county or region at all income levels; and
(C) An analysis of undeveloped sites that identifies previously undeveloped
parcels that are not adjacent to developed land, including existing natural and agricultural land, under consideration for future development, and, for a county or region in a metropolitan planning organization established under the Federal Transit Act of 1998, 49 U.S.C. sec. 5301 et seq., as amended, land outside of census urban areas as defined by the United States bureau of the census; assesses the general feasibility of the development of such sites for residential use based on existing and needed infrastructure, transportation capacity, access to public transit, and public facilities and services to serve such sites; and describes the long-term fiscal impact to the county or region of the construction, ownership, maintenance, and replacement of infrastructure and public facilities and the provision of public services to serve development of such sites;
(IV) The most recent housing action plan or plans adopted by the county or
municipalities within the region pursuant to section 24-32-3705; and
(V) For a master plan by a regional planning commission, the most recent
version of the master plan required by section 31-12-105 (1)(e) by each municipality that is part of the regional planning commission and a description of how each jurisdiction will integrate that plan into the master plan.
(a.7) (I) A county or region with a master plan shall ensure that its master
plan includes a water supply element and a strategic growth element as required by subsection (3)(a.5) of this section at the first amending of the master plan that occurs on or after January 1, 2026, but not later than December 31, 2026. The master plan of a county or region adopted or amended after December 31, 2026, must include a water supply element and strategic growth element as required by subsection (3)(a.5) of this section. The county or region must update the water supply element and strategic growth element no less frequently than every five years.
(II) A county or region with a master plan is not required to include a
strategic growth element, if the county or region has not received funding to include the strategic growth element pursuant to section 24-32-3710 and either:
(A) Has a population of twenty thousand or less in the county's
unincorporated territory and has experienced negative population change in the most recent decennial census; or
(B) Has a population of five thousand or less in the county's unincorporated
territory.
(a.9) The master plan may include, where applicable or appropriate:
(I) The general location, character, and extent of existing, proposed, or
projected streets or roads, rights-of-way, viaducts, bridges, waterways, waterfronts, parkways, highways, mass transit routes and corridors, and any transportation plan prepared by any metropolitan planning organization that covers all or a portion of the county or region and that the county or region has received notification of or, if the county or region is not located in an area covered by a metropolitan planning organization, any transportation plan prepared by the department of transportation that the county or region has received notification of and that applies to the county or region;
(II) The general location of public places or facilities, including public
schools; culturally, historically, or archaeologically significant buildings, sites, and objects; playgrounds, forests, reservations, squares, parks, airports, aviation fields, military installations; and other public ways, grounds, open spaces, trails, and designated federal, state, and local wildlife areas. For purposes of this section, military installation has the same meaning as specified in section 29-20-105.6 (2)(b).
(III) The general location and extent of public utilities, terminals, capital
facilities, and transfer facilities, whether publicly or privately owned, for water, light, power, sanitation, transportation, communication, heat, and other purposes and any proposed or projected needs for capital facilities and utilities, including the priorities, anticipated costs, and funding proposals for such facilities and utilities;
(IV) The acceptance, widening, removal, extension, relocation, narrowing,
vacation, abandonment, modification, or change of use of any of the public ways, rights-of-way, including the coordination of such rights-of-way with the rights-of-way of other counties, regions, or municipalities, grounds, open spaces, buildings, properties, utilities, or terminals referred to in subsections (3)(a.5)(II)(C), (3)(a.9)(I), (3)(a.9)(II), and (3)(a.9)(III) of this section;
(V) Methods for assuring access to appropriate conditions for solar, wind, or
other alternative energy sources, including geothermal energy used for water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation;
(VI) The general character, location, and extent of community centers,
townsites, housing developments, whether public or private; the existing, proposed, or projected location of residential neighborhoods and sufficient land for future housing development for the existing and projected economic and other needs of all current and anticipated residents of the county or region; and urban conservation or redevelopment areas. If a county or region has entered into a regional planning agreement, the agreement may be incorporated by reference into the master plan.
(VII) The general location and extent of forests, agricultural areas, flood
control areas, and open development areas for purposes of conservation, food and water supply, sanitary and drainage facilities, flood control, or the protection of urban development;
(VIII) A land classification and utilization program;
(IX) Projections of population change and housing needs to accommodate
the projected population for specified increments of time. The county or region may base these projections upon data from the department of local affairs and upon the county's or region's local objectives.
(X) The location of areas containing steep slopes, geological hazards,
endangered or threatened species, wetlands, floodplains, floodways, and flood risk zones, highly erodible land or unstable soils, and wildfire hazards. For purposes of determining the location of such areas, the planning commission should consider the following sources for guidance:
(A) The Colorado geological survey for defining and mapping geological
hazards;
(B) The United States fish and wildlife service of the United States
department of the interior and the parks and wildlife commission created in section 33-9-101 for locating areas inhabited by endangered or threatened species;
(C) The United States army corps of engineers and the United States fish and
wildlife service national wetlands inventory for defining and mapping wetlands;
(D) The federal emergency management agency for defining and mapping
floodplains, floodways, and flood risk zones;
(E) The natural resources conservation service of the United States
department of agriculture for defining and mapping unstable soils and highly erodible land; and
(F) The Colorado state forest service for locating wildfire hazard areas.
(b) Any master plan of a county or region which includes mass transportation
shall be coordinated with that of any adjacent county, region, or other political subdivision, as the case may be, to eliminate conflicts or inconsistencies and to assure the compatibility of such plans and their implementation pursuant to this section and sections 30-11-101, 30-25-202, and 30-26-301.
(c) The master plan of a county or region shall also include a master plan for
the extraction of commercial mineral deposits pursuant to section 34-1-304, C.R.S.
(d) The master plan of a county or region may also include plans for the
development of drainage basins in all or portions of the county or region. When county subdivision regulations require the payment of drainage fees, as provided in section 30-28-133 (11), the master plan shall include the plan for the development of drainage basins.
(e) In creating the master plan of a county or region, the county or regional
planning commission may take into consideration the availability of affordable housing within the county or region. Counties are encouraged to examine any regulatory impediments to the development of affordable housing.
(f) (Deleted by amendment, L. 2007, p. 612, � 1, effective August 3, 2007.)
(g) The master plan of a county or region may include designated utility
corridors to facilitate the provision of utilities to all developments in the county or region.
(4) (a) Each county that has not already adopted a master plan and that
meets one of the following descriptions shall adopt a master plan within two years after January 8, 2002:
(I) Each county or city and county that has a population equal to or greater
than ten thousand and the population of which has demonstrated an increase of either:
(A) Ten percent or more during the calendar years 1994 to 1999; or
(B) Ten percent or more during any five-year period ending in 2000 or any
subsequent year;
(II) Each county or city and county that has a population of one hundred
thousand or more.
(b) To the extent the county does not meet a description specified in
subparagraph (I) or (II) of paragraph (a) of this subsection (4), the counties of Clear Creek, Gilpin, Morgan, and Pitkin shall adopt a master plan within two years after January 8, 2002.
(c) The department of local affairs shall annually determine, based on the
population statistics maintained by said department, whether a county is subject to the requirements of this subsection (4), and shall notify any county that is newly identified as being subject to said requirements. Any such county shall have two years following receipt of notification from the department to adopt a master plan.
(d) Once a county is identified as being subject to the requirements of this
subsection (4), the county shall at all times thereafter remain subject to the requirements of this subsection (4), regardless of whether it continues to meet any of the descriptions in paragraph (a) of this subsection (4).
(5) A master plan adopted in accordance with the requirements of
subsection (4) of this section shall contain a recreational and tourism uses element pursuant to which the county shall indicate how it intends to provide for the recreational and tourism needs of residents of the county and visitors to the county through delineated areas dedicated to, without limitation, hiking, mountain biking, rock climbing, skiing, cross country skiing, rafting, fishing, boating, hunting, shooting, or any other form of sports or other recreational activity, as applicable, and commercial facilities supporting such uses.
(6) The master plan of any county adopted or amended in accordance with
the requirements of this section on and after August 8, 2005, shall satisfy the requirements of section 29-20-105.6, C.R.S., as applicable.
(7) Notwithstanding any other provision of this section, no master plan
originally adopted or amended in accordance with the requirements of this section shall conflict with a master plan for the extraction of commercial mineral deposits adopted by the county pursuant to section 34-1-304, C.R.S.
(8) A county or regional planning commission shall submit the master plan
and any separately approved water supply element and strategic growth element to the division of local government in the department of local affairs. The division of local government shall review master plans and may provide comments to the commission.
(9) (a) As used in this subsection (9):
(I) Equestrian has the meaning set forth in section 31-23-206 (9)(a)(I).
(II) Equestrian zone means an area that a county determines is suburban or
urban and contains:
(A) An equestrian fairground, public equestrian riding arena, public
equestrian center, or public riding trail;
(B) An equestrian-centric residential neighborhood where equestrians
regularly ride and that was zoned in such a manner as to allow housing privately owned equines but is now being developed for primarily residential use or that is zoned in such a manner as to allow housing privately owned equines;
(C) A keystone property; or
(D) Roads or trails that equestrians use and that are related to an area
described in subsections (9)(a)(II)(A) to (9)(a)(II)(C) of this section.
(III) Keystone property means a property that has at least one of the
following equestrian facilities:
(A) Boarding facilities that provide housing for equines, training for
equestrians, or equine service and education programs;
(B) Equine stables that facilitate animal welfare rescue programs or equine
therapy programs;
(C) Breeding facilities for equines; or
(D) Nonpublic equestrian venues that provide services to the equestrian
community.
(IV) Suburban or urban means the population and traffic density are
sufficient to cause significant and regular interactions between equestrians and motor vehicles or other residents.
(b) A county planning commission may identify and show on the master plan
the location of and character of existing or proposed equestrian infrastructure, venues, and equestrian zones.
(c) A county may organize public events to educate the public about
equestrian use of recreational trails and roads and the duties of users of trails and roads with regard to equestrian users. A county may partner with local horse advocacy groups to educate the public about these matters or to hold the public events.
Source: L. 39: p. 296, � 5. CSA: C. 45A, � 5. CRS 53: � 106-2-5. L. 59: p. 618, �
- C.R.S. 1963: � 106-2-5. L. 66: p. 41, � 4. L. 73: pp. 467, 1054, �� 4, 17. L. 79: (3)(a) amended, p. 1159, � 1, effective May 25. L. 83: (3)(d) added, p. 1236, � 4, effective April 23. L. 97: (3)(e) to (3)(g) added, p. 414, � 1, effective April 24. L. 2000: (1), (2)(a), and (3)(a) amended, p. 869, � 1, effective August 2. L. 2001, 2nd Ex. Sess.: (4) and (5) added, p. 21, � 1, effective January 8, 2002. L. 2002: (5) amended, p. 1036, � 83, effective June 1. L. 2005: (6) added, p. 223, � 2, effective August 8. L. 2007: IP(3)(a) and (3)(f) amended and (7) added, p. 612, � 1, effective August 3. L. 2010: (3)(a)(II) and (6) amended, (HB 10-1205), ch. 242, p. 1078, � 2, effective August 11. L. 2012: IP(3)(a) and (3)(a)(XI)(B) amended, (HB 12-1317), ch. 248, p. 1205, � 12, effective June
-
L. 2020: IP(3)(a) and (3)(a)(IV) amended, (HB 20-1095), ch. 82, p. 331, � 1, effective September 14. L. 2022: (3)(a)(VI) amended, (SB 22-118), ch. 335, p. 2371, � 5, effective August 10. L. 2024: (1) amended, (3)(a) R&RE, and (3)(a.3), (3)(a.5), (3)(a.7), (3)(a.9), and (8) added, (SB 24-174), ch. 290, p. 1964, � 2, effective May 30. L. 2025: (9) added, (SB 25-149), ch. 266, p. 1374, � 4, effective August 6.
Editor's note: Section 11 of chapter 266 (SB 25-149), Session Laws of Colorado 2025, provides that the act changing this section applies to offenses committed on or after August 6, 2025.
Cross references: For the legislative declaration in SB 25-149, see section 1 of chapter 266, Session Laws of Colorado 2025.
C.R.S. § 30-28-115
30-28-115. Public welfare to be promoted - legislative declaration - construction - definitions. (1) Such regulations shall be designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity, or welfare of the present and future inhabitants of the state, including lessening the congestion in the streets or roads or reducing the waste of excessive amounts of roads, promoting energy conservation, securing safety from fire, floodwaters, and other dangers, providing adequate light and air, classifying land uses and distributing land development and utilization, protecting the tax base, securing economy in governmental expenditures, fostering the state's agricultural and other industries, and protecting both urban and nonurban development.
(1.5) (a) The general assembly finds and declares that access to outpatient
clinical facilities providing reproductive health care, as defined in section 25-6-402 (4), is a matter of statewide concern and that, for purposes of zoning and other land use planning, such facilities fall within the meaning of a medical office use, a medical clinic use, a health-care use, and other facilities that provide outpatient health-care services.
(b) For the purposes of zoning and other land use planning, every local
government that has adopted or adopts a zoning ordinance shall recognize the provision of outpatient reproductive health care, as defined in section 25-6-402 (4), as a permitted use in any zone in which the provision of general outpatient health care is recognized as a permitted use.
(c) Nothing in this subsection (1.5) restricts or supersedes the authority of a
local government to enact uniform zoning ordinances and other land use regulations that comply with this subsection (1.5).
(2) (a) The general assembly hereby finds and declares that it is the policy of
the state to assist persons who have an intellectual and developmental disability to live in typical residential surroundings. Further, the general assembly declares that the establishment of state-licensed group homes for the exclusive use of persons with intellectual and developmental disabilities, which are known as community residential homes as defined in section 25.5-10-202, C.R.S., is a matter of statewide concern and that a state-licensed group home for eight persons with intellectual and developmental disabilities is a residential use of property for zoning purposes. The phrase residential use of property for zoning purposes, as used in this subsection (2), includes all forms of residential zoning and specifically, although not exclusively, single-family residential zoning. As used in this section, person with a developmental disability has the same meaning as person with an intellectual and developmental disability as set forth in section 25.5-10-202, C.R.S.
(b) (I) (Deleted by amendment, L. 2001, p. 103, � 1, effective March 21, 2001.)
(II) The general assembly declares that the establishment of group homes
for the aged for the exclusive use of not more than eight persons sixty years of age or older per home is a matter of statewide concern. The general assembly further finds and declares that it is the policy of this state to enable and assist persons sixty years of age or older who do not need nursing facilities and who so elect to live in normal residential surroundings, including single-family residential units. Group homes for the aged must be distinguished from nursing facilities, as defined in section 25.5-4-103, and institutions providing life care, as defined in section 11-49-101. Every county that adopts a zoning ordinance shall provide for the location of group homes for the aged. A group home for the aged established under this subsection (2)(b)(II) must not be located within seven hundred fifty feet of another group home, unless otherwise provided for by the county.
(b.5) The general assembly declares that the establishment of state-licensed group homes for the exclusive use of persons with behavioral or mental
health disorders, as defined in section 27-65-102, is a matter of statewide concern and that a state-licensed group home for eight persons with behavioral or mental health disorders is a residential use of property for zoning purposes, as defined in section 31-23-301 (4). A group home for persons with behavioral or mental health disorders established pursuant to this subsection (2)(b.5) must not be located within seven hundred fifty feet of another such group home or of another group home as described in subsections (2)(a) and (2)(b) of this section, unless otherwise provided for by the county. A person must not be placed in a group home without being screened by either a professional person, as defined in section 27-65-102 (27), or any other mental health professional designated by the director of a facility, which facility is approved by the commissioner of the behavioral health administration. Persons determined to be not guilty by reason of insanity to a violent offense must not be placed in such group homes, and any person who has been convicted of a felony involving a violent offense is not eligible for placement in such group homes. This subsection (2)(b.5) must be implemented, where appropriate, by the rules of the department of public health and environment concerning residential treatment facilities for persons with behavioral or mental health disorders. Nothing in this subsection (2)(b.5) exempts such group homes from compliance with any state, county, or municipal health, safety, and fire codes.
(b.7) The general assembly finds and declares that it is the policy of the
state to encourage, promote, and assist persons who are in recovery from substance use disorders to live in residential neighborhoods. Further, the general assembly declares that the use of recovery residences, as defined in section 27-80-129 (1)(b), by persons in recovery from substance use disorders is a matter of statewide concern and that recovery residences are a residential use of property for zoning purposes and subject only to the regulations of like dwellings in the same zone.
(c) Nothing in this subsection (2) shall be construed to supersede the
authority of municipalities and counties to regulate such homes appropriately through local zoning ordinances or resolutions, except insofar as such regulation would be tantamount to prohibition of such homes from any residential district. This section is specifically not to be construed to permit violation of the provisions of any zoning ordinance or resolution with respect to height, setbacks, area, lot coverage, or external signage or to permit architectural designs substantially inconsistent with the character of the surrounding neighborhood. This section is also not to be construed to permit conducting of the ministerial activities of any private or public organization or agency or to permit types of treatment activities or the rendering of services in a manner substantially inconsistent with the activities otherwise permitted in the particular zoning district. If reasonably related to the requirements of a particular home, a local zoning or other development regulation may, without violating the provisions of this section, also attach specific location requirements to the approval of the group home, including the availability of such services and facilities as convenience stores, commercial services, transportation, and public recreation facilities.
(2.5) In connection with an application for development approval of the siting
of a new facility to be used exclusively as a group home for the aged or for at-risk adults under the county's subdivision, zoning, platting, planned unit development, or other similar land development regulations, in addition to any other information required to be submitted, the county may request the applicant to submit a transportation plan showing how the operators of the facility intend to meet the transportation needs of the residents of the facility. The sufficiency of the transportation plan submitted pursuant to this subsection (2.5) may be considered by the county in reviewing the application but may not, by itself, constitute grounds for denying the application.
(3) (a) As used in this subsection (3), unless the context otherwise requires:
(I) Repealed.
(II) Equivalent performance engineering basis means that by using
engineering calculations or testing, following commonly accepted engineering practices, all components and subsystems will perform to meet health, safety, and functional requirements to the same extent as required for other single family housing units.
(b) (I) No county may have or enact zoning regulations, subdivision
regulations, or any other regulation affecting development, which exclude or have the effect of excluding homes or structures from the county that are:
(A) Factory-built structures, as defined in section 24-32-3302 (11) and
certified by the division of housing created in section 24-32-704 or a party authorized to act on its behalf;
(B) Manufactured homes certified by the United States department of
housing and urban development through its office of manufactured housing programs, a successor agency, or a party authorized to act on its behalf; or
(C) Homes that meet or exceed, on an equivalent performance engineering
basis, standards established by the county building code.
(I.5) A county shall not impose more restrictive standards on factory-built
structures than those the county applies to site-built homes in the same residential zones. As used in this subsection (3)(b)(I.5), restrictive standards means zoning regulations, subdivision regulations, and any other regulation affecting development, including standards related to:
(A) Home size or sectional requirements;
(B) Improvement location;
(C) Minimum floor space;
(D) Permanent foundations;
(E) Setback standards; and
(F) Side-yard standards.
(II) Nothing in this subsection (3) prevents a county from enacting any
zoning, developmental, use, aesthetic, or historical standard, including, but not limited to, requirements relating to permanent foundations, minimum floor space, unit size or sectional requirements, and improvement location, side yard, and setback standards to the extent that such standards or requirements are applicable to existing similar housing or structures or new site-built housing within the specific use district of the county.
(III) Nothing in this subsection (3) precludes any county from enacting county
building code provisions for unique public safety requirements such as snow load roof, wind shear, wildfire risk, and energy conservation factors, unless it is a factory-built structure certified by the division of housing created in section 24-32-704 or a party authorized to act on its behalf or a manufactured home certified by the United States department of housing and urban development through its office of manufactured housing programs, a successor agency, or a party authorized to act on its behalf. A county must comply with the requirements established by the division of housing for factory-built structures and the United States department of housing and urban development for manufactured homes.
(IV) Nothing in this subsection (3) shall be deemed to supersede any valid
covenants running with the land.
Source: L. 39: p. 301, � 14. CSA: C. 45A, � 14. CRS 53: � 106-2-14. C.R.S.
1963: � 106-2-14. L. 66: p. 43, � 7. L. 75: Entire section amended, p. 933, � 56, effective July 14. L. 76: (2)(a.5) added, p. 695, � 1, effective April 29. L. 79: (1) amended, p. 1161, � 5, effective January 1, 1980. L. 84: (3) added, p. 823, � 1, effective January 1, 1985. L. 87: (2)(b.5) added, p. 1216, � 1, effective July 1. L. 90: (2)(b) amended, p. 1476, � 1, effective July 1. L. 91: (2)(b)(II) amended, p. 1858, � 20, effective April 11. L. 94: (2)(b.5) amended, p. 2715, � 297, effective July 1. L. 2001: (2)(a), (2)(b), and (2)(b.5) amended, p. 103, � 1, effective March 21. L. 2006: (2)(b)(II) amended, p. 2021, � 114, effective July 1; (2)(b.5) amended, p. 1407, � 75, effective August 7. L. 2008: (2.5) added, p. 167, � 1, effective August 5. L. 2010: (2)(b.5) amended, (SB 10-175), ch. 188, p. 806, � 81, effective April 29. L. 2013: (2) (a) amended, (HB 13-1314), ch. 323, p. 1812, � 52, effective March 1, 2014. L. 2017: (2)(b.5) amended, (SB 17-242), ch. 263, p. 1378, � 299, effective May 25; (2)(b)(II) amended, (SB 17-226), ch. 159, p. 590, � 9, effective August 9. L. 2021: (3)(a)(I) repealed and (3)(b)(I) and (3)(b)(III) amended, (HB 21-1019), ch. 122, p. 485, � 29, effective September 7. L. 2022: (2)(b.5) amended, (HB 22-1256), ch. 451, p. 3237, � 48, effective August 10. L. 2023: (1.5) added, (SB 23-188), ch. 68, p. 252, � 27, effective April 14. L. 2024: (2)(b.7) added, (SB 24-048), ch. 405, p. 2786, � 7, effective August 7. L. 2025: IP(3)(b)(I), (3)(b)(I)(A), (3)(b)(I)(B), (3)(b)(II), and (3)(b)(III) amended and (3)(b)(I.5) added, (SB 25-002), ch. 172, p. 718, � 8, effective May 8; (2)(b)(II) amended, (HB 25-1184), ch. 210, p. 951, � 11, effective August 6.
Cross references: (1) For the care and treatment of persons with
developmental disabilities, see article 10.5 of title 27.
(2) For the legislative declaration in SB 17-242, see section 1 of chapter 263,
Session Laws of Colorado 2017. For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023. For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.
C.R.S. § 30-28-133
30-28-133. Subdivision regulations. (1) Every county in the state that does not have a county planning commission on July 1, 1971, shall create a county planning commission in accordance with the provisions of section 30-28-103. Every county planning commission in the state shall develop, propose, and recommend subdivision regulations, and the board of county commissioners shall adopt and enforce subdivision regulations for all land within the unincorporated areas of the county in accordance with this section not later than September 1, 1972. Before finally adopting any subdivision regulations, the board of county commissioners shall hold a public hearing thereon, and at least fourteen days' notice of the time and place of such hearing shall be given by at least one publication in a newspaper of general circulation in the county. Before adopting any such subdivision regulations, the board of county commissioners may revise, alter, or amend any such subdivision regulations developed, proposed, or recommended by the county planning commission. Such subdivision regulations shall be in full force and effect and enforced by the board of county commissioners.
(2) Prior to the adoption of the regulations referred to in this section, a public
hearing shall be held thereupon in the county in which said territory or any part thereof is situated. A copy of such regulations shall be filed with the county clerk and recorder of the county in which said territory is situated.
(3) Subdivision regulations adopted by a board of county commissioners
pursuant to this section shall require subdividers to submit to the board of county commissioners data, surveys, analyses, studies, plans, and designs, in the form prescribed by the board of county commissioners, of the following items:
(a) Property survey and ownership of the surface and mineral estates
including mineral lessees, if any;
(b) Relevant site characteristics and analyses applicable to the proposed
subdivision including the following, which shall be submitted by the subdivider with the sketch plan:
(I) Reports concerning streams, lakes, topography, and vegetation;
(II) Reports concerning geologic characteristics of the area significantly
affecting the land use and determining the impact of such characteristics on the proposed subdivision;
(III) In areas of potential radiation hazard to the proposed future land use,
evaluations of these potential radiation hazards;
(IV) Maps and tables concerning suitability of types of soil in the proposed
subdivision, in accordance with any standard soil classifications and procedures therefor, for the proposed use;
(c) A plat and other documentation showing the layout or plan of
development, including, where applicable, the following information:
(I) Total development area;
(II) Total number of proposed dwelling units;
(III) Total number of square feet of proposed nonresidential floor space;
(IV) Total number of proposed off-street parking spaces, excluding those
associated with single-family residential development;
(V) Estimated total number of gallons per day of water system requirements
where a distribution system is proposed;
(VI) Estimated total number of gallons per day of sewage to be treated
where a central sewage treatment facility is proposed or sewage disposal means and suitability where no central sewage treatment facility is proposed;
(VII) Estimated construction cost and proposed method of financing of the
streets and related facilities, water distribution system, sewage collection system, storm drainage facilities, and such other utilities as may be required of the developer by the county;
(VIII) Maps and plans for facilities to prevent storm waters in excess of
historic runoff, caused by the proposed subdivision, from entering, damaging, or being carried by conduits, water supply ditches and appurtenant structures, and other storm drainage facilities;
(d) Adequate evidence that a water supply that is sufficient in terms of
quality, quantity, and dependability will be available to ensure an adequate supply of water for the type of subdivision proposed. Such evidence may include, but shall not be limited to:
(I) Evidence of ownership or right of acquisition of or use of existing and
proposed water rights;
(II) Historic use and estimated yield of claimed water rights;
(III) Amenability of existing rights to a change in use;
(IV) Evidence that public or private water owners can and will supply water
to the proposed subdivision stating the amount of water available for use within the subdivision and the feasibility of extending service to that area;
(V) Evidence concerning the potability of the proposed water supply for the
subdivision.
(e) Evidence that provision has been made for facility sites, easements, and
rights of access for electrical and natural gas utility service sufficient to ensure reliable and adequate electric or, if applicable, natural gas service for the proposed subdivision. Submission of a letter of agreement between the subdivider and utility serving the site shall be deemed sufficient to establish that adequate provision for electric or, if applicable, natural gas service to a proposed subdivision has been made.
(4) Subdivision regulations adopted by the board of county commissioners
pursuant to this section shall also include, as a minimum, provisions governing the following matters:
(a) Sites and land areas for schools and parks when such are reasonably
necessary to serve the proposed subdivision and the future residents thereof. Such provisions may include:
(I) Reservation of such sites and land areas, for acquisition by the county;
(II) Dedication of the sites and land areas to the county, to a school district,
or to the public or, in lieu thereof, payment of a sum of money not exceeding the fair market value of the sites and land areas or a combination of such dedication and such payment; except that the value of the combination shall not exceed the fair market value of the sites and land areas. Any sums, when required, or moneys to be paid to the board of county commissioners pursuant to this paragraph (a) may, if approved by the board of county commissioners, be paid directly to a school district. If the sites and land areas are dedicated to the county, to a school district, or the public, the board of county commissioners may, at the request of the affected entity, sell the land. The subdivider shall have a right of first refusal to purchase all or a portion of any land dedicated by the subdivider to a county, school district, or other public entity pursuant to this subparagraph (II) before the land is sold, transferred, or conveyed to any party other than a school district. Prior to selling or otherwise transferring ownership of the land, the county, school district, or other public entity selling the land shall provide written notice to the subdivider of its intention to sell or transfer ownership of all or any portion of the land. The subdivider shall then have sixty days to provide written notice to the county, school district, or other public entity of the subdivider's interest in purchasing all or a portion of the land to be sold. The purchase of the land by the subdivider shall be upon such terms and conditions and for such consideration as the parties may mutually agree; however, in no event shall the purchase price exceed the fair market value of the land at the time the subdivider dedicated the land to the county, school district, or other public entity. Any right of first refusal created pursuant to this subparagraph (II) shall expire twenty years from the date the land was dedicated by the subdivider to a county, school district, or other public entity. Except as provided in subsection (4.3) of this section, any such sums, when required, or moneys paid to the board of county commissioners from the sale of the dedicated sites and land areas shall be held by the board of county commissioners:
(A) For the acquisition of reasonably necessary sites and land areas or for
other capital outlay purposes for schools or parks;
(B) For the development of the sites and land areas for park purposes; or
(C) For growth-related planning functions by school districts for educational
purposes;
(III) Dedication of such sites and land areas for the use and benefit of the
owners and future owners in the proposed subdivision;
(b) Standards and technical procedures applicable to storm drainage plans
and related designs, in order to ensure proper drainage ways, which may require, in the opinion of the board of county commissioners, detention facilities which may be dedicated to the county or the public, as are deemed necessary to control, as nearly as possible, storm waters generated exclusively within a subdivision from a one hundred year storm which are in excess of the historic runoff volume of storm water from the same land area in its undeveloped and unimproved condition;
(c) Standards and technical procedures applicable to sanitary sewer plans
and designs, including soil percolation testing and required percolation rates and site design standards for on-lot sewage disposal systems when applicable;
(d) Standards and technical procedures applicable to water systems.
(4.3) After final approval of a subdivision plan or plat and receipt of
dedications of sites and land areas or payments in lieu thereof required pursuant to subparagraph (II) of paragraph (a) of subsection (4) of this section, the board of county commissioners shall give written notification to the appropriate school districts and local government entities. Following such notice, a school district or local government entity may request periodic transfer on no longer than an annual basis of such land or moneys to the district or entity. When a board of county commissioners determines that the school district or local government entity has demonstrated a need for the land or moneys based on a long-range capital plan or evidence of the impact of the subdivision on the district or entity, or both, it shall periodically transfer on no longer than an annual basis the land or moneys to the appropriate school district or local government entity. The district or entity shall use the transferred land or moneys only for a purpose authorized by sub-subparagraphs (A) to (C) of subparagraph (II) of paragraph (a) of subsection (4) of this section. Any moneys received by the board of county commissioners that are transferred pursuant to this subsection (4.3) are not county revenues for purposes of paragraph (d) of subsection (7) of section 20 of article X of the state constitution.
(4.5) Subdivision regulations adopted by a board of county commissioners
may provide for the protection and assurance of access to sunlight for solar energy devices by considering the use of restrictive covenants or solar easements, height restrictions, side yard and setback requirements, street orientation and width requirements, or other permissible forms of land use controls.
(5) No subdivision shall be approved under section 30-28-110 (3) and (4) until
such data, surveys, analyses, studies, plans, and designs as may be required by this section and by the county planning commission or the board of county commissioners have been submitted, reviewed, and found to meet all sound planning and engineering requirements of the county contained in its subdivision regulations.
(6) No board of county commissioners shall approve any preliminary plan or
final plat for any subdivision located within the county unless the subdivider has provided the following materials as part of the preliminary plan or final plat subdivision submission:
(a) Evidence to establish that definite provision has been made for a water
supply that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of subdivision proposed;
(b) Evidence to establish that, if a public sewage disposal system is
proposed, provision has been made for such system and, if other methods of sewage disposal are proposed, evidence that such systems will comply with state and local laws and regulations which are in effect at the time of submission of the preliminary plan or final plat;
(c) Evidence to show that all areas of the proposed subdivision which may
involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and that the proposed uses of these areas are compatible with such conditions.
(7) and (8) (Deleted by amendment, L. 2005, p. 668, � 6, effective June 1,
2005.)
(9) The subdivision regulations adopted under this section may provide that,
without a hearing or compliance with any of the submission, referral, or review requirements in this section and section 30-28-136, the board of county commissioners may approve a correction plat if the sole purpose of such correction plat is to correct one or more technical errors in an approved plat and where such correction plat is consistent with an approved preliminary plan. However, if the technical error or errors of an approved plat meet the description of any errors under section 38-51-111 (2), C.R.S., a surveyor's affidavit of correction, as defined in section 38-51-102, C.R.S., shall be prepared in lieu of a correction plat.
(10) It is recognized that surface and mineral estates are separate and
distinct interests in land and that one may be severed from the other and that the owners of subsurface mineral interests and their lessees, if any, are entitled to the notice specified in section 24-65.5-103, C.R.S., and shall be recognized by the commission as having the same rights and privileges as surface owners.
(11) The subdivision regulations adopted under this section may provide for
the payment of a sum of money or proof of a line of credit or other fees in connection with a subdivision on a per-acre basis, to represent an equitable contribution to the total costs of the drainage facilities in the drainage basin in which the subdivision is located. The subdivision regulations shall provide for the repayment to a subdivider, from any surplus basin funds available, of any costs he incurs because of compliance with the plans for the development of drainage basins in excess of the sum of the drainage fees assessed against his acreage. When the subdivision regulations require such payment, a plan for the development of drainage basins shall be adopted pursuant to section 30-28-106 (3)(d). The provisions of this section shall not apply to any area which is within an existing drainage district organized or created pursuant to law without the approval of such district.
(12) The subdivision regulations adopted under this section may provide that
a subdivider is entitled to fair-share reimbursement of the cost of any streets and related facilities, water distribution systems, sewage collection systems, storm drainage facilities, and other improvements the county requires the subdivider to construct adjacent to or outside the subdivision. Any such reimbursable costs shall be paid to the subdivider, less any reimbursement by the county, by the owner or owners of property that is adjacent to or has presumed use of the improvements when that property is developed. Subdivision regulations providing for such reimbursement shall prescribe the period, not to exceed fifteen years from the date of completion of an improvement, during which a subdivider may seek reimbursement. Subdivision regulations providing for such reimbursement may entitle subdividers to interest on the amount to be reimbursed.
Source: L. 61: p. 592, � 2. CRS 53: � 106-2-35. C.R.S. 1963: � 106-2-34. L. 67:
p. 110, � 1. L. 71: p. 1055, �� 1, 2. L. 72: p. 501, �� 6, 7. L. 73: p. 1085, �� 1, 2. L. 75: (3)(b)(IV) amended, p. 1001, � 1, effective July 14. L. 77: (9) added, p. 1453, � 2, effective May 24. L. 79: (3)(a) amended and (10) added, p. 1167, �� 1, 2, effective July 1; (4)(a)(II) amended, p. 1169, � 1, effective July 1; (4.5) added, p. 1162, � 9, effective January 1, 1980. L. 83: (11) added, p. 1236, � 5, effective July 1. L. 84: (4)(a)(II) amended, p. 826, � 1, effective April 14; (4)(a)(II) amended and (4.3) added, p. 827, � 1, effective April 30. L. 92: (1) amended, p. 966, � 6, effective June 1. L. 96: (4)(a)(II) and (4.3) amended, p. 979, � 1, effective May 23. L. 2000: (3)(e) added, p. 1618, � 1, effective July 1. L. 2001: (10) amended, p. 490, � 4, effective July 1; (12) added, p. 242, � 1, effective August 8. L. 2005: (1), (2), (7), and (8) amended, p. 668, � 6, effective June 1. L. 2007: (10) amended, p. 2121, � 7, effective August 3. L. 2010: (9) amended, (HB 10-1085), ch. 95, p. 325, � 6, effective August 11.
Editor's note: Amendments to subsection (4)(a)(II) by House Bill 84-1087 and
House Bill 84-1189 were harmonized.
C.R.S. § 30-28-136
30-28-136. Referral and review requirements. (1) Upon receipt of a complete preliminary plan submission, the board of county commissioners or its authorized representative shall distribute copies of prints of the plan as follows:
(a) To the appropriate school districts;
(b) To each county or municipality within a two-mile radius of any portion of
the proposed subdivision;
(c) To any utility, local improvement and service district, or ditch company,
when applicable;
(d) To the Colorado state forest service, when applicable;
(e) To the appropriate planning commission;
(f) To the local conservation district board within the county for explicit
review and recommendations regarding soil suitability, floodwater problems, and watershed protection. Such referral shall be made even though all or part of a proposed subdivision is not located within the boundaries of a conservation district.
(g) When applicable, to the county or district public health agency or the
state department of public health and environment for its review of the on-lot sewage disposal reports, for review of the adequacy of existing or proposed sewage treatment works to handle the estimated effluent, and for a report on the water quality of the proposed water supply to serve the subdivision. The department of public health and environment or county or district public health agency to which the plan is referred may require the subdivider to submit additional engineering or geological reports or data and to conduct a study of the economic feasibility of a sewage treatment works prior to making its recommendations. No plan shall receive the approval of the board of county commissioners unless the department of public health and environment or county or district public health agency to which the plan is referred has made a favorable recommendation regarding the proposed method of sewage disposal.
(h) (I) To the state engineer for an opinion regarding material injury likely to
occur to decreed water rights by virtue of diversion of water necessary or proposed to be used to supply the proposed subdivision and adequacy of proposed water supply to meet requirements of the proposed subdivision. If the state engineer finds such injury or finds inadequacy, he shall express such finding in an opinion in writing to the board of county commissioners, stating the reason for his finding, including, but not limited to, the amount of additional or exchange water that may be required to prevent such injury. In the event the subdivision is approved notwithstanding the state engineer's opinion, the subdivider shall furnish to all potential purchasers a copy of the state engineer's opinion prior to the sale or a synopsis of the opinion; except that the subdivider need not supply the potential purchaser with a copy of such opinion or synopsis if, in the opinion of the board of county commissioners, the subdivider has corrected the injury or inadequacy set forth in the state engineer's finding.
(II) A municipality or quasi-municipality, upon receiving the preliminary plan
designating said municipality or quasi-municipality as the source of water for a proposed subdivision, shall file, with the board of county commissioners and the state engineer, a statement documenting the amount of water which can be supplied by said municipality or quasi-municipality to proposed subdivisions without causing injury to existing water rights. The state engineer shall file, with said board of county commissioners, written comments on the report. If, in the judgment of the state engineer, the report is insufficient to issue an opinion, the state engineer shall notify the board of county commissioners to this effect, indicating the deficiencies.
(i) To the Colorado geological survey for an evaluation of those geologic
factors that would have a significant impact on the proposed use of the land; except that, upon written request from the board of county commissioners or the board's authorized representative, the Colorado geological survey may exempt any preliminary plan from this referral and review requirement.
(2) The agencies named in this section shall make recommendations within
twenty-one days after the mailing by the county or its authorized representative of such plans unless a necessary extension of not more than thirty days has been consented to by the subdivider and the board of county commissioners of the county in which the subdivision area is located. The failure of any agency to respond within twenty-one days or within the period of an extension shall, for the purpose of the hearing on the plan, be deemed an approval of such plan; except that, where such plan involves twenty or more dwelling units, a school district shall be required to submit within said time limit specific recommendations with respect to the adequacy of school sites and the adequacy of school structures.
(3) The provisions of this part 1 shall not modify the duties or enlarge the
authority of the state engineer or the division engineers nor divest the water courts of jurisdiction over actions concerning water right determinations and administration; neither shall any opinion of the state engineer submitted under subsection (1)(h) of this section nor any finding by a board of county commissioners concerning subdivision water supply matters create any presumption concerning injury or noninjury to water rights; and neither the state engineer's opinion nor the finding of the board of county commissioners may be used as evidence in any administrative proceeding or in any judicial proceeding concerning water right determinations or administration.
(4) Repealed.
Source: L. 72: p. 504, � 8. C.R.S. 1963: � 106-2-37. L. 73: pp. 781, 1087, 1088,
�� 2, 1, 1. L. 75: (1)(h) R&RE, p. 1002, � 1, effective July 18. L. 77: (2) amended, p. 1453, � 3, effective May 24. L. 92: (2) amended, p. 966, � 7, effective June 1. L. 94: (1)(g) amended, p. 2801, � 561, effective July 1. L. 2002: (1)(f) amended, p. 518, � 14, effective July 1. L. 2005: (4) repealed, p. 667, � 1, effective June 1. L. 2010: (1)(g) amended, (HB 10-1422), ch. 419, p. 2119, � 167, effective August 11. L. 2012: (1)(i) amended, (HB 12-1282), ch. 178, p. 641, � 1, effective August 8.
Cross references: For duties of the state geologist upon receipt of copies of
prints of the plans, see � 23-41-205.
C.R.S. § 30-28-205
30-28-205. County building inspector - permit required - appeal. (1) The county building inspector, as authorized in section 30-28-114, may be authorized by the board of county commissioners to administer and enforce the building code adopted pursuant to this part 2; and the board of county commissioners shall fix a reasonable schedule of fees for the issuance of building permits by the county building inspector. After the adoption of the building code, it shall be unlawful to erect, construct, reconstruct, alter, or remodel any structure, dwelling, or building in the designated area, except buildings or structures used for the sole purpose of providing shelter for agricultural implements, farm products, livestock, or poultry without first obtaining a building permit from the county building inspector. The county building inspector shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration, or remodeling fully conform to the regulations and restrictions in the building code.
(2) No permit fee provided for pursuant to the provisions of subsection (1) of
this section shall be charged unless an inspection is actually made by such inspector who is fully qualified to perform the required type of inspection.
(3) The county building inspector shall not issue any permit unless the plans
and specifications for such proposed erection, construction, reconstruction, alteration, or remodeling conform to the regulations and restrictions in said building code. All such proposed erection, construction, reconstruction, alteration, or remodeling shall bear the seal of an architect or engineer licensed by the state of Colorado, unless the preparation of plans and specification is exempted by section 12-120-403. Such plans and specifications prepared by architectural or engineering subdisciplines shall be so designated and shall bear the seal and signature of the architect or engineer for that subdiscipline.
Source: L. 45: p. 244, � 5. L. 47: p. 366, � 1. CSA: C. 45B, � 5. CRS 53: � 36-15-5. C.R.S. 1963: � 36-15-5. L. 73: p. 473, � 4. L. 86: (3) added, p. 610, � 11, effective
July 1. L. 2006: (1) amended, p. 235, � 3, effective July 1; (3) amended, p. 762, � 23, effective July 1. L. 2019: (3) amended, (HB 19-1172), ch. 136, p. 1719, � 215, effective October 1.
C.R.S. § 30-28-211
30-28-211. Energy efficient building codes - legislative declaration - definitions. (1) The general assembly hereby finds and declares that there is statewide interest in requiring an effective energy efficient building code for the following reasons:
(a) Excessive energy consumption creates effects beyond the boundaries of
the local government within which the energy is consumed because the production of power occurs in centralized locations.
(b) Air pollutant emissions from energy consumption affect the health of the
citizens throughout Colorado.
(c) The strain on the grid from peak electric power demands is not confined
to jurisdictional boundaries.
(d) There is statewide interest in the reliability of the electrical grid and an
adequate supply of heating oil and natural gas.
(e) Controlling energy costs for residents and businesses furthers a
statewide interest in a strong economy and reducing the total cost of housing in Colorado.
(f) More recent energy codes are more effective at ensuring building
durability and structural integrity and protecting public health and safety through better:
(I) Moisture management to prevent mold, mildew, and rot;
(II) Airflow management; and
(III) Protection during severe weather.
(g) More recent energy codes incorporate newer building technologies,
techniques, and materials and offer more options for builders.
(h) Businesses and residents in low-income communities and rural areas of
the state deserve at least the same durability, health and safety, and energy cost savings from energy efficient buildings as those in wealthier, urban, and suburban areas of the state.
(i) Highly energy efficient homes and buildings can reduce energy use and
help consumers save money on energy bills.
(j) Highly energy efficient and low-carbon new homes and buildings are
critical for meeting the greenhouse gas pollution reduction targets established in section 25-7-102 (2)(g).
(2) As used in this section, unless the context otherwise requires:
(a) Building code means regulations related to energy performance,
electrical systems, mechanical systems, plumbing systems, or other elements of residential or commercial buildings.
(a.5) Colorado plumbing code has the meaning set forth in section 12-155-103 (1.4).
(a.8) Elevator and escalator code means the rules adopted in accordance
with section 9-5.5-112.
(b) Energy code means a subset of building codes related to the total
energy performance and carbon emissions of residential and commercial buildings.
(b.5) International energy conservation code means the energy code
published by the international code council or a successor organization.
(b.8) National electrical code has the meaning set forth in section 12-115-103 (8).
(c) Office means the Colorado energy office created in section 24-38.5-101,
C.R.S.
(3) Every board of county commissioners that has adopted and enforced one
or more building codes, or that adopts and enforces one or more building codes after July 1, 2022, shall adopt and enforce an energy code that applies to the construction of, and major renovations and additions to, all commercial and residential buildings as required by the energy code in the county to which the building code applies.
(3.5) (a) A board of county commissioners that has adopted and enforced
one or more building codes, and that updates one or more building codes on or after July 1, 2023, and before July 1, 2026, shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5) at the same time other building codes are updated.
(b) A board of county commissioners that has adopted and enforced one or
more building codes, and that updates one or more building codes on or after July 1, 2026, shall adopt and begin enforcing an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6) at the same time other building codes are updated.
(c) (I) Notwithstanding subsections (3.5)(a) and (3.5)(b) of this section, a
board of county commissioners representing a rural county is required to adopt and enforce an energy code that achieves equivalent or better energy performance than one of the last three most recent editions of the international energy conservation code rather than either an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language identified for adoption by the energy code board pursuant to section 24-38.5-401 (5) or an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code identified for adoption by the energy code board pursuant to section 24-38.5-401 (6) if, while the grant program established pursuant to section 24-38.5-403 is accepting applications, the board of county commissioners applies for and is not awarded a grant that significantly assists in energy code adoption and enforcement training.
(II) As used in this subsection (3.5)(c), a rural county means a county with a
population of less than thirty thousand people, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs.
(d) When adopting or updating a building code prior to July 1, 2023, a board
of county commissioners shall adopt and enforce an energy code that achieves equivalent or better energy performance than one of the three most recent editions of the international energy conservation code.
(e) Notwithstanding the timing requirement of subsection (3.5)(a) of this
section, a board of county commissioners may comply with subsection (3.5)(a) of this section when the board adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code or by June 30, 2026, whichever is earlier, if:
(I) The board of county commissioners adopts or updates:
(A) The national electrical code by reference when adopted or updated by
the state electrical board;
(B) The elevator and escalator code by reference when adopted or updated
by the director of the division of oil and public safety within the department of labor and employment; or
(C) The Colorado plumbing code by reference when adopted or updated by
the state plumbing board; and
(II) The adoption or update of the national electrical code, the elevator and
escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.
(f) Notwithstanding the timing requirement of subsection (3.5)(b) of this
section, a board of county commissioners may comply with subsection (3.5)(b) of this section when the board adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code or by June 30, 2030, whichever is earlier, if:
(I) The board of county commissioners adopts or updates:
(A) The national electrical code by reference when adopted or updated by
the state electrical board;
(B) The elevator and escalator code by reference when adopted or updated
by the director of the division of oil and public safety within the department of labor and employment; or
(C) The Colorado plumbing code by reference when adopted or updated by
the state plumbing board; and
(II) The adoption or update of the national electrical code, the elevator and
escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.
(g) Notwithstanding the requirements set forth in subsections (3.5)(a) and
(3.5)(b) of this section, a board of county commissioners is not required to adopt and enforce an energy code that meets the requirements of subsections (3.5)(a) and (3.5)(b) of this section solely as a result of adopting the wildfire resiliency code.
(4) Repealed.
(5) The following buildings are exempt from subsections (3) and (3.5) of this
section:
(a) Any building that is otherwise exempt from the provisions of the building
code adopted by the board of county commissioners of the county in which the building is located and buildings that do not contain a conditioned space;
(b) Any building that does not use either electricity or fossil fuels for comfort
heating. A building will be presumed to be heated by electricity even in the absence of equipment used for electric comfort heating if the building is provided with electrical service in excess of one hundred amps, unless the code enforcement official of the county determines that the electrical service is necessary for a purpose other than for providing electric comfort heating.
(c) Historic buildings that are listed on the national register of historic places
or Colorado state register of historic properties and buildings that have been designated as historically significant or that have been deemed eligible for designation by a local governing body that is authorized to make such designations; and
(d) Any building that is exempt pursuant to the energy code.
(6) Notwithstanding any other provision of this section, the board of county
commissioners of a county that is required to adopt or update an energy code may make any amendments to the energy code that the board deems appropriate for local conditions, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.
(7) (a) The office shall ensure that information explaining the requirements
of the energy code and describing acceptable methods of compliance is available to builders, designers, engineers, and architects.
(b) The office shall provide boards of county commissioners with technical
assistance concerning the implementation and enforcement of the energy code.
(8) Nothing in this section restricts the ability of an investor-owned utility
with approval from the public utilities commission to:
(a) Provide incentives or other energy efficiency program services to help the
board of county commissioners of any county or builders comply with the requirements of this section; or
(b) Earn shareholder incentives and claim credits towards its regulatory
requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the board of county commissioners of any county or builders comply with the requirements of this section.
(9) A utility not subject to regulation by the public utilities commission may
provide incentives or other energy efficiency program services as they so choose to assist the board of county commissioners of any county or any builders in complying with the requirements of this section.
(10) (a) A utility may count mass-based emissions reductions associated with
the requirements of this section towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.
(b) A utility subject to regulation by the public utilities commission shall not
count energy savings or greenhouse gas emissions reductions achieved through the requirements of this section for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.
Source: L. 2007: Entire section added, p. 695, � 2, effective July 1. L. 2008:
(2)(b) and (2)(c) amended, p. 72, � 10, effective March 18. L. 2012: (2)(b) and (2)(c) amended, (HB 12-1315), ch. 224, p. 974, � 36, effective July 1. L. 2019: (1)(e), (2)(b), (3), IP(5), and (6) amended and (1)(f), (1)(g), and (1)(h) added, (HB 19-1260), ch. 357, p. 3284, � 2, effective August 2. L. 2022: (1)(i), (1)(j), (2)(b.5), (3.5), (8), (9), and (10) added, (2)(b), (3), and IP(5) amended, and (4) repealed, (HB 22-1362), ch. 301, p. 2183, � 7, effective June 2. L. 2023: (2)(a.5), (2)(a.8), (2)(b.8), (3.5)(e), and (3.5)(f) added, (HB 23-1233), ch. 245, p. 1324, � 10, effective May 23. L. 2025: (3.5)(g) added, (HB 25-1269), ch. 216, p. 978, � 1, effective May 20; (2)(a.5) amended, (HB 25-1306), ch. 204, p. 926, � 4, effective August 6.
Editor's note: Section 10 of chapter 216 (HB 25-1269), Session Laws of
Colorado 2025, provides that the act changing this section applies to conduct occurring on or after May 20, 2025.
Cross references: For the legislative declaration in HB 23-1233, see section 1
of chapter 245, Session Laws of Colorado 2023.
C.R.S. § 30-28-304
30-28-304. Preparation and adoption of plan for platting notice - withdraw from plan - requirements for adoption. (1) (a) The board of county commissioners shall have prepared a plan for platting the land division study area.
(b) The plan shall include the estimated cost for preparing a subdivision
exemption plat and the estimated amount which must be assessed against each property included in the plan in order to repay the cost of the exemption plat. Costs associated with the following activities shall be eligible for inclusion in the cost estimate:
(I) Surveying and engineering;
(II) Drafting;
(III) Computerized mapping;
(IV) Aerial photography;
(V) Monumentation;
(VI) Title research and documentation;
(VII) Preparation of deeds;
(VIII) Court costs; and
(IX) Project administration.
(c) In addition to the costs set forth in subparagraphs (I) to (IX) of paragraph
(b) of this subsection (1), the estimated cost may include a contingency amount of up to fifteen percent of the total costs set forth in such subparagraphs.
(2) (a) The board of county commissioners shall conduct a public hearing to
consider adoption of the plan for platting described in subsection (1) of this section and to allow owners of property in the land division study area an opportunity to register either their agreement or objection to having their property included in any subdivision exemption plat for the land division study area.
(b) Notice of the time and place of the hearing shall be given at least thirty
days prior to the hearing by publication in a newspaper of general circulation in the county and by certified mail to owners of property included in the land division study area. In addition to the time and place of the hearing, the notice shall include at a minimum the following information:
(I) A map showing the properties included in the land division study area,
including the approximate location of parcel boundaries;
(II) The purpose for which the study area was created;
(III) The process by which a subdivision exemption plat for the land division
study area can be prepared;
(IV) The cost estimates for preparation of a subdivision exemption plat, with
conspicuous notification that such costs would be assessed against the properties included in the exemption plat;
(V) The opportunity for the property owner to object to this property being
included in any subdivision exemption plat for the land division study area; and
(VI) A copy of the plan for platting prepared pursuant to subsection (1) of this
section.
(3) (a) Any property owner may elect to withdraw from the plan for platting
described in subsection (1) of this section by submitting a written request by certified mail to the county clerk and recorder prior to the date of the hearing or by appearing at the hearing and informing the board of county commissioners of his decision to withdraw from the plan.
(b) The board of county commissioners shall exclude properties of owners
who request withdrawal pursuant to paragraph (a) of this subsection (3) from any plan adopted for platting the land division study area.
(c) The board of county commissioners shall not adopt a plan for platting if
the withdrawal of property owners from participation would result in an increase in the amount of the assessment against the remaining properties from that amount which was stated in the plan, unless written consent is obtained from all owners who elect to participate in the plan for platting.
(4) Prior to adoption of any plan for platting a land division study area:
(a) The board of county commissioners shall obtain written consent from
each property owner who elects to participate in the plan. Consent on the part of a property owner to participate in the plan shall constitute consent to the following:
(I) Preparation of a subdivision exemption plat for his property;
(II) Temporary conveyance of title to his property to the district court as
provided in section 30-28-307;
(III) Payment of the assessment against his property for the cost of preparing
the subdivision exemption plat;
(b) Each property owner participating in the plan shall provide evidence of
title insurance or other evidence of title which is acceptable to the board of county commissioners for the property which shall be included in the plan for platting. The board of county commissioners shall have the authority to evaluate evidence of title and to exclude properties where title has not been proven to the board's satisfaction.
(5) The board of county commissioners shall adopt the plan for platting by
resolution by a majority vote of the full membership of the board.
Source: L. 88: Entire part added, p. 1119, � 1, effective April 20.
C.R.S. § 30-28-404
30-28-404. Water - sewage - roadways - notification to state engineer. (1) In an effort to preserve open space and water resources, a cluster development may obtain only one well permit for each single-family residential lot pursuant to sections 37-90-105 and 37-92-602, C.R.S., subject to the provisions of subsection (2) of this section.
(2) Except in areas of the state where unappropriated water is available for
withdrawal and the vested water rights of others will not be materially injured and except inside designated groundwater basins, a water court-approved plan for augmentation shall be required and shall accompany any county-approved rural land use plan when the water usage in the cluster development would exceed an annual withdrawal rate of one acre-foot for each thirty-five acres within the cluster development. Nothing in this section shall be construed to preclude the use of treated domestic water provided by any public or private entity.
(3) No later than ten days after approval of a cluster development pursuant
to a county's rural land use process, the board of county commissioners shall notify the state engineer of such approval and shall provide the state engineer a copy of the approved rural land use plan that includes the cluster development.
Source: L. 96: Entire part added, p. 1881, � 2, effective June 6.
APPORTIONMENT OF FEDERAL MONEYS
ARTICLE 29
Apportionment of Federal Moneys
from Public Lands
Editor's note: This article was numbered as article 9 of chapter 112, C.R.S.
- The substantive provisions of this article were repealed and reenacted in 1973, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1973, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume. For a detailed comparison of this article, see the comparative tables located in the back of the index.
C.R.S. § 30-5-152
30-5-152. Ouray and San Miguel - boundary. The state engineer, through the county surveyors of Ouray and San Miguel counties, within six months after this section becomes effective, shall designate the county line between the counties of Ouray and San Miguel, beginning at a point which is the southeast corner of Montrose county, the same being identical with the one-quarter corner between sections fourteen and fifteen, township forty-five north, range ten west, New Mexico principal meridian; thence west one mile to the one-quarter corner of sections fifteen and sixteen; thence south one-half mile to the corner of sections fifteen, sixteen, twenty-one and twenty-two; thence east three-quarters of a mile to the northwest corner of the northeast quarter of the northeast quarter of section twenty-two; thence south two miles to the southwest corner of the southeast quarter of the southeast quarter, section twenty-seven; thence east one-quarter mile to the corner of sections twenty-six, twenty-seven, thirty-four and thirty-five; all in township forty-five north, range ten west, New Mexico principal meridian; thence east three miles to the corner of sections twenty-nine, thirty, thirty-one and thirty-two, township forty-five north, range nine west, New Mexico principal meridian; thence south one mile to the southwest corner of section thirty-two on the eleventh correction line; all in township forty-five north, range nine west, New Mexico principal meridian; thence along the eleventh correction line to the northeast corner of section six, township forty-four north, range nine west, New Mexico principal meridian; thence west along the north line of section six to the northwest corner of lot one of said section; thence south to the southwest corner of the southeast quarter of the southeast quarter, section six; thence west one-quarter mile to the southwest corner of the southeast quarter of section six; thence south two miles to the southwest corner of the southeast quarter of section eighteen; all in township forty-four north of range nine west; thence east or west to the watershed hereinbefore established as the boundary line between Ouray and San Miguel counties.
Source: L. 17: p. 118, � 1. C.L. � 8613. CSA: C. 44, � 55. CRS 53: � 34-1-52.
C.R.S. 1963: � 34-1-52. L. 84: Entire section amended, p. 816, � 1, effective March 16.
C.R.S. § 30-6-110
30-6-110. Boundaries - survey - action to settle. When the boundary lines of any county in this state are so indefinite that a portion of territory, by reason of such indefinite description, is claimed by two counties, and such fact appears by petition of the board of county commissioners of either county to the state engineer, it is the duty of such state engineer, in connection with the county surveyor of each of such counties, to run out and establish such lines as nearly as may be in accordance with such defective description, fix and define such boundary line by monuments in accordance with rules issued by the state board of licensure for architects, professional engineers, and professional land surveyors, and to furnish the board of county commissioners of each of said counties with a description of such line as soon thereafter as may be practical, deposit such survey as a land survey plat in each county, and file a Colorado land survey monument record on each monument found or set, as specified in section 38-53-104. When such line is established it shall be the boundary line between said counties, unless one of said counties, within six months from the day of filing the description of said line by the state engineer with the board of county commissioners of such county, commences an action in a court of competent jurisdiction in this state to determine and settle such disputed line, and prosecute the same with due diligence until its final determination, or has settled such disputed line, within said six months, by arbitration. If the county surveyor of either of such counties shall not appear or assist the state engineer in making such survey after due notice so to do, it shall in no manner affect or invalidate such survey, or the boundary lines as they may be fixed by such state engineer.
Source: L. 1887: p. 238, � 1. R.S. 08: � 1162. C.L. � 8646. CSA: C. 44, � 89.
CRS 53: � 34-2-10. C.R.S. 1963: � 34-2-10. L. 2017: Entire section amended, (HB 17-1017), ch. 15, p. 44, � 4, effective August 9.
C.R.S. § 30-6-111
30-6-111. State engineer - reimbursement for expenses. The office of the state engineer shall be reimbursed for the expenses of any survey conducted in connection with a boundary dispute pursuant to section 30-6-110, and such expenses shall be borne equally by the counties involved in the boundary dispute.
Source: L. 1887: p. 239, � 2. R.S. 08: � 1163. C.L. � 8647. CSA: C. 44, � 90.
CRS 53: � 34-2-11. C.R.S. 1963: � 34-2-11. L. 99: Entire section amended, p. 383, � 1, effective August 4.
C.R.S. § 31-15-1004
31-15-1004. Department of public health and environment rules. The department of public health and environment may promulgate rules for the engineering design and operation of solid waste-to-energy incineration systems, and any such system shall comply with such rules before beginning operations.
Source: L. 83: Entire part added, p. 1244, � 3, effective May 24. L. 94: Entire
section amended, p. 2802, � 565, effective July 1.
PART 11
MOBILE HOME PARKS
Cross references: For the legislative declaration contained in HB 19-1309,
see section 1 of chapter 281, Session Laws of Colorado 2019.
C.R.S. § 31-15-602
31-15-602. Energy efficient building codes - legislative declaration - definitions - repeal. (1) The general assembly hereby finds and declares that there is statewide interest in requiring an effective energy efficient building code for the following reasons:
(a) Excessive energy consumption creates effects beyond the boundaries of
the local government within which the energy is consumed because the production of power occurs in centralized locations.
(b) Air pollutant emissions from energy consumption affects the health of
the citizens throughout Colorado.
(c) The strain on the grid from peak electric power demands is not confined
to jurisdictional boundaries.
(d) There is statewide interest in the reliability of the electrical grid and an
adequate supply of heating oil and natural gas.
(e) Controlling energy costs for residents and businesses furthers a
statewide interest in a strong economy and reducing the cost of housing in Colorado.
(f) More recent energy codes are more effective at ensuring building
durability and structural integrity and protecting public health and safety through better:
(I) Moisture management to prevent mold, mildew, and rot;
(II) Airflow management; and
(III) Protection during severe weather.
(g) More recent energy codes incorporate newer building technologies,
techniques, and materials and offer more options for builders.
(h) Businesses and residents in low-income communities and rural areas of
the state deserve at least the same durability, health and safety, and energy cost savings from energy efficient buildings as those in wealthier, urban, and suburban areas of the state.
(i) Highly energy efficient homes and buildings can reduce energy use and
help consumers save money on energy bills.
(j) Highly energy efficient and low carbon new homes and buildings are
critical for meeting the greenhouse gas pollution reduction targets established in section 25-7-102 (2)(g).
(2) As used in this section, unless the context otherwise requires:
(a) Building code means regulations related to energy performance,
electrical systems, mechanical systems, plumbing systems, or other elements of residential or commercial buildings.
(a.5) Colorado plumbing code has the meaning set forth in section 12-155-103 (1.4).
(a.8) Elevator and escalator code means the rules adopted in accordance
with section 9-5.5-112.
(b) Energy code means a subset of building codes related to the total
energy performance and carbon emissions of residential and commercial buildings.
(b.5) International energy conservation code means the energy code
published by the international code council or a successor organization.
(b.8) National electrical code has the meaning set forth in section 12-115-103 (8).
(c) Office means the Colorado energy office created in section 24-38.5-101,
C.R.S.
(3) The governing body of any municipality that has adopted and enforced
one or more building codes, or that adopts and enforces one or more building codes after July 1, 2022, shall adopt and enforce an energy code that applies to the construction of, and major renovations and additions to, all commercial and residential buildings as required by the energy code in the municipality to which the building code applies.
(3.5) (a) The governing body of a municipality that has adopted and enforced
one or more building codes, and that updates one or more building codes on or after July 1, 2023, and before July 1, 2026, shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5) at the same time other building codes are updated.
(b) The governing body of a municipality that has adopted and enforced one
or more building codes, and that updates one or more building codes on or after July 1, 2026, shall adopt and begin enforcing an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (6) at the same time other building codes are updated.
(c) When adopting or updating a building code prior to July 1, 2023, the
governing body of a municipality shall adopt and enforce an energy code that achieves equivalent or better energy performance than one of the three most recent editions of the international energy conservation code.
(d) Notwithstanding the timing requirement of subsection (3.5)(a) of this
section, a governing body of a municipality may comply with subsection (3.5)(a) of this section when the body adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code, or by June 30, 2026, whichever is earlier, if:
(I) The governing body of the municipality adopts or updates:
(A) The national electrical code by reference when adopted or updated by
the state electrical board;
(B) The elevator and escalator code by reference when adopted or updated
by the director of the division of oil and public safety within the department of labor and employment; or
(C) The Colorado plumbing code by reference when adopted or updated by
the state plumbing board; and
(II) The adoption or update of the national electrical code, the elevator and
escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.
(e) Notwithstanding the timing requirement of subsection (3.5)(b) of this
section, a governing body of a municipality may comply with subsection (3.5)(b) of this section when the body adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code, or by June 30, 2030, whichever is earlier, if:
(I) The governing body of a municipality adopts or updates:
(A) The national electrical code by reference when adopted or updated by
the state electrical board;
(B) The elevator and escalator code by reference when adopted or updated
by the director of the division of oil and public safety within the department of labor and employment; or
(C) The Colorado plumbing code by reference when adopted or updated by
the state plumbing board; and
(II) The adoption or update of the national electrical code, the elevator and
escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.
(f) Notwithstanding the requirements set forth in subsections (3.5)(a) and
(3.5)(b) of this section, a governing body of a municipality is not required to adopt and enforce an energy code that meets the requirements of subsections (3.5)(a) and (3.5)(b) of this section solely as a result of adopting the wildfire resiliency code.
(4) (a) Repealed.
(b) (I) (A) Except as otherwise provided in this section, the aggregate of all
charges or other related or associated fees a municipality shall impose or assess to install an active solar electric or solar thermal device or system or a geothermal energy system shall not exceed the lesser of the municipality's actual costs in issuing the permit or five hundred dollars for a residential application or one thousand dollars for a nonresidential application if the device or system produces fewer than two megawatts of direct current electricity or an equivalent-sized thermal energy system, or that exceed the municipality's actual costs in issuing the permit if the device or system produces at least two megawatts of direct current electricity or an equivalent-sized thermal energy system. A municipality may increase its fees or other charges as authorized by this subsection (4)(b)(I) by no more than five percent on an annual basis until the five hundred dollar limitation specified in this subsection (4)(b)(I) is achieved. The municipality shall clearly and individually identify all fees and taxes assessed on an application subject to this subsection (4)(b)(I) on the invoice. The general assembly hereby finds that there is a statewide need for certainty regarding the fees that can be assessed for permitting such devices or systems, and therefore declares that this subsection (4)(b) is a matter of statewide concern.
(B) In the case of a nonresidential application, on an individual installation
basis only, if the municipality incurs actual costs for issuing the permit that are greater than one thousand dollars, the municipality is entitled to recovery of its actual costs for issuing the permit by submitting in writing and disclosing to the applicant for the particular permit proof of the municipality's actual costs.
(C) As used in this subsection (4)(b)(I), active solar energy system means a
single system that contains electric generation, a thermal device, or is an energy storage system as defined in section 40-2-202 (2), and geothermal energy system means a system that uses geothermal energy for water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation.
(II) This subsection (4)(b) is repealed, effective December 31, 2029.
(5) The following buildings are exempt from subsections (3), (3.5), and (4) of
this section:
(a) Any building that is otherwise exempt from the provisions of the building
code adopted by the governing body of the municipality in which the building is located and buildings that do not contain a conditioned space;
(b) Any building that does not use either electricity or fossil fuels for comfort
heating. A building will be presumed to be heated by electricity even in the absence of equipment used for electric comfort heating if the building is provided with electrical service in excess of one hundred amps, unless the code enforcement official of the municipality determines that the electrical service is necessary for a purpose other than for providing electric comfort heating.
(c) Historic buildings that are listed on the national register of historic places
or Colorado state register of historic properties and buildings that have been designated as historically significant or that have been deemed eligible for designation by a local governing body that is authorized to make such designations; and
(d) Any building that is exempt pursuant to the energy code.
(6) Notwithstanding any other provisions of this section, the governing body
of any municipality that is required to adopt an energy code may make any amendments to the energy code that the governing body deems appropriate for local conditions, so long as the amendments do not decrease the effectiveness of the energy code.
(7) (a) The office shall ensure that information explaining the requirements
of the energy code and describing acceptable methods of compliance is available to builders, designers, engineers, and architects.
(b) The office shall provide the governing body of any municipality with
technical assistance concerning the implementation and enforcement of the energy code.
(8) Nothing in this section restricts the ability of an investor-owned utility
with approval from the public utilities commission to:
(a) Provide incentives or other energy efficiency program services to help the
governing body of any municipality or builders comply with the requirements of this section; or
(b) Earn shareholder incentives and claim credits towards its regulatory
requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the governing body of any municipality or builders comply with the requirements of this section.
(9) A utility not subject to regulation by the public utilities commission may
provide incentives or other energy efficiency program services as they so choose to assist the governing body of any municipality or any builders in complying with the requirements of this section.
(10) (a) A utility may count mass-based emissions reductions associated with
the requirements of this section towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.
(b) A utility subject to regulation by the public utilities commission shall not
count energy savings or greenhouse gas emissions reductions achieved through the requirements of this section for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.
Source: L. 2007: Entire section added, p. 697, � 3, effective July 1. L. 2008:
(2)(b) and (2)(c) amended, p. 72, � 11, effective March 18; (4) amended, p. 893, � 2, effective May 20. L. 2011: (4)(b) amended, (HB 11-1199), ch. 311, p. 1519, � 3, effective June 10. L. 2012: (2)(b) and (2)(c) amended, (HB 12-1315), ch. 224, p. 975, � 38, effective July 1. L. 2017: (4)(b) amended, (SB 17-179), ch. 170, p. 622, � 3, effective August 9. L. 2019: (1)(f), (1)(g), and (1)(h) added and (2)(b), (3), and IP(5) amended, (HB 19-1260), ch. 357, p. 3286, � 4, effective August 2. L. 2021: (4)(b) amended, (HB 21-1284), ch. 327, p. 2091, � 4, effective September 7. L. 2022: (1)(i), (1)(j), (2)(b.5), (3.5), (8), (9), and (10) added, (2)(b), (3), and IP(5) amended, and (4)(a) repealed, (HB 22-1362), ch. 301, p. 2186, � 8, effective June 2; (4)(b)(I)(A) and (4)(b)(I)(C) amended, (SB 22-118), ch. 335, p. 2372, � 8, effective August 10. L. 2023: (2)(a.5), (2)(a.8), (2)(b.8), (3.5)(d), and (3.5)(e) added, (HB 23-1233), ch. 245, p. 1326, � 11, effective May 23. L. 2025: (3.5)(f) added, (HB25-1269), ch. 216, p. 978, � 2, effective May 20. (2)(a.5) amended, (HB 25-1306), ch. 204, p. 926, � 5, effective August 6.
Editor's note: Section 10 of chapter 216 (HB 25-1269), Session Laws of
Colorado 2025, provides that the act changing this section applies to conduct occurring on or after May 20, 2025.
Cross references: (1) In 2011, subsection (4)(b) was amended by the Fair
Permit Act. For the short title, see section 1 of chapter 311, Session Laws of Colorado 2011.
(2) For the legislative declaration in HB 21-1284, see section 1 of chapter
327, Session Laws of Colorado 2021.
(3) For the legislative declaration in HB 23-1233, see section 1 of chapter
245, Session Laws of Colorado 2023.
C.R.S. § 31-23-205
31-23-205. Staff and finances. The commission may appoint such employees as it deems necessary for its work; except that the appointment, promotion, demotion, and removal of such employees shall be subject to the same provisions of law as govern other corresponding civil employees of the municipality. The commission may also contract, with the approval of the governing body, with municipal planners, engineers, and architects and other consultants for such services as it requires. The expenditures of the commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the governing body, which shall provide the funds, equipment, and accommodations necessary for the commission's work.
Source: L. 75: Entire title R&RE, p. 1147, � 1, effective July 1.
Editor's note: This section is similar to former � 31-23-105 as it existed prior
to 1975.
C.R.S. § 31-23-206
31-23-206. Master plan - definitions. (1) It is the duty of the commission to make and adopt a master plan for the physical development of the municipality, including any areas outside its boundaries, subject to the approval of the governmental body having jurisdiction thereof, that in the commission's judgment bear relation to the planning of the municipality. The master plan of a municipality is an advisory document to guide land development decisions; however, the master plan or any part thereof may be made binding by inclusion in the municipality's adopted subdivision, zoning, platting, planned unit development, or other similar land development regulations after satisfying notice, due process, and hearing requirements for legislative or quasi-judicial processes as appropriate. The master plan, with the accompanying maps, plats, charts, and descriptive matter, must show the commission's recommendations for the development of the municipality and outlying areas.
(1.3) (a) When a commission decides to adopt a master plan, the commission
shall conduct public hearings, after notice of such public hearings has been published in a newspaper of general circulation in the municipality in a manner sufficient to notify the public of the time, place, and nature of the public hearing, prior to final adoption of a master plan in order to encourage public participation in and awareness of the development of the master plan and shall accept and consider oral and written public comments throughout the process of developing the master plan.
(b) The commission shall follow the procedures in section 24-32-3209. For
purposes of this section, any special district that supplies water to the area covered by the master plan is a neighboring jurisdiction as defined in section 24-32-3209 (1)(h).
(c) For any master plan adopted after January 1, 2026, the commission shall
consider the following, where applicable or appropriate, and any other information deemed relevant by the commission:
(I) The applicable housing needs assessments published pursuant to section
24-32-3702 (1)(b), 24-32-3703, or 24-32-3704;
(II) The statewide strategic growth report created pursuant to section 24-32-3707;
(III) The natural land and agricultural opportunities report published
pursuant to section 24-32-3708; and
(IV) The Colorado water plan adopted pursuant to section 37-60-106.3.
(1.5) The master plan must include:
(a) A narrative description of the procedure used for the development and
adoption of the master plan, including a summary of any objections to the master plan made by neighboring jurisdictions pursuant to section 24-32-3209 and a description of the resolution or outcome of the objections;
(b) The most recent version of the master plan required by section 31-12-105
(1)(e) or a similar master plan for areas of potential growth within three miles of the municipality's existing boundaries and a description of how the municipality intends to integrate that plan into the master plan;
(c) (I) A water supply element developed in consultation with entities that
supply water for use within the municipality to ensure coordination on water supply and facility planning. Nothing in this section requires the public disclosure of confidential information related to water supply or facilities.
(II) The water supply element must:
(A) Estimate a range of water supplies and facilities needed to support the
potential public and private development described in the master plan; and
(B) Include water conservation policies, to be determined by the municipality,
which may include goals specified in the Colorado water plan adopted pursuant to section 37-60-106.3 and policies to implement water conservation and other Colorado water plan goals as a condition of development approval, including subdivisions, planned unit developments, special use permits, and zoning changes.
(III) A municipality with a master plan that includes a water supply element
shall ensure that its master plan includes water conservation policies at the first amending of the master plan, but not later than July 1, 2025;
(IV) Nothing in this subsection (1.5)(c) supersedes, abrogates, or otherwise
impairs the allocation of water pursuant to the state constitution or any other provision of law, the right to beneficially use water pursuant to decrees, contracts, or other water use agreements, or the operation, maintenance, repair, replacement, or use of any water facility; and
(V) The department of local affairs may hire and employ one full-time
employee to provide educational resources and assistance to municipalities that include water conservation policies in the water supply elements of master plans as required by this subsection (1.5)(c).
(d) A strategic growth element that integrates elements of the master plan
to discourage sprawl and promote the development or redevelopment of vacant and underutilized parcels in urban areas to address the municipality's demonstrated housing needs and mitigate the need for extension of infrastructure and public services to develop natural and agricultural lands for residential uses. The strategic growth element must include:
(I) A description of existing and potential policies and tools to promote
strategic growth and prevent sprawl;
(II) An analysis of vacant and underutilized sites that:
(A) Identifies vacant, partially vacant, and underutilized land near existing or
planned transit or job centers that could be used for infill development, redevelopment, and new development of housing;
(B) Assesses the general feasibility of the development or redevelopment of
such sites for residential use based on existing and needed infrastructure, transportation capacity, access to public transit, and public facilities and services to serve such sites;
(C) Describes the public benefits of the development or redevelopment of
such sites to the municipality as an alternative to the development of previously undeveloped natural or agricultural land; and
(D) In a manner that is consistent with the master plan, designates such sites
for which development or redevelopment is deemed to be generally feasible for future uses that include residential uses in a manner that addresses the municipality's demonstrated housing needs at all income levels; and
(III) An analysis of undeveloped sites that:
(A) Identifies previously undeveloped parcels that are not adjacent to
developed land, including existing natural and agricultural land, under consideration for future development, and, for a municipality in a metropolitan planning organization established under the Federal Transit Act of 1998, 49 U.S.C. sec. 5301 et seq., as amended, land outside of census urban areas as defined by the United States bureau of the census;
(B) Assesses the general feasibility of the development of such sites for
residential use based on existing and needed infrastructure, transportation capacity, access to public transit, and public facilities and services to serve such sites; and
(C) Describes the long-term fiscal impact to the municipality of the
construction, ownership, maintenance, and replacement of infrastructure and public facilities and the provision of public services to serve development of such sites; and
(e) The most recent housing action plan adopted by the municipality
pursuant to section 24-32-3705.
(1.7) (a) A municipality with a master plan shall ensure that its master plan
includes a water supply element and strategic growth element as required by subsection (1.5) of this section at the first amending of the master plan that occurs on or after January 1, 2026, but not later than December 31, 2026. The master plan of a municipality adopted or amended after December 31, 2026, must include a water supply element and strategic growth element as required by subsection (1.5) of this section. A municipality shall update the water supply element and strategic growth element as required by subsection (1.5) of this section no less frequently than every five years.
(b) A municipality with a master plan is not required to include a strategic
growth element if the municipality has not received funding to include the strategic growth element pursuant to section 24-32-3710 and either:
(I) Has a population of twenty thousand or less and has experienced negative
population change in the most recent decennial census; or
(II) Has a population of two thousand or less.
(1.9) The master plan may include, where applicable or appropriate:
(a) The general location, character, and extent of existing, proposed, or
projected streets, roads, rights-of-way, bridges, waterways, waterfronts, parkways, highways, mass transit routes and corridors, and any transportation plan prepared by any metropolitan planning organization that covers all or a portion of the municipality and that the municipality has received notification of or, if the municipality is not located in an area covered by a metropolitan planning organization, any transportation plan prepared by the department of transportation that the municipality has received notification of and that covers all or a portion of the municipality;
(b) The general location of public places or facilities, including public
schools, culturally, historically, or archaeologically significant buildings, sites, and objects, playgrounds, squares, parks, airports, aviation fields, military installations, and other public ways, grounds, open spaces, trails, and designated federal, state, and local wildlife areas. For purposes of this section, military installation has the same meaning as specified in section 29-20-105.6 (2)(b).
(c) The general location and extent of public utilities terminals, capital
facilities, and transfer facilities, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power, and other purposes and any proposed or projected needs for capital facilities and utilities, including the priorities, anticipated costs, and funding proposals for such facilities and utilities;
(d) The acceptance, removal, relocation, widening, narrowing, vacating,
abandonment, modification, change of use, or extension of any of the public ways, rights-of-way, including the coordination of such rights-of-way with the rights-of-way of other municipalities, counties, or regions, grounds, open spaces, buildings, property, utility, or terminals referred to in subsections (1.5)(c), (1.7)(a), and (1.7)(b) of this section;
(e) A zoning plan for the control of the height, area, bulk, location, and use of
buildings and premises. Such a zoning plan may protect and assure access to appropriate conditions for solar, wind, or other alternative energy sources, including geothermal energy used for water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation; however, regulations and restrictions of the height, number of stories, size of buildings and other structures, and the height and location of trees and other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for new growth on such vegetation;
(f) The general character, location, and extent of community centers,
housing developments, whether public or private; the existing, proposed, or projected location of residential neighborhoods and sufficient land for future housing development for the existing and projected economic and other needs of all current and anticipated residents of the municipality; and redevelopment areas. If a municipality has entered into a regional planning agreement, the agreement may be incorporated by reference into the master plan.
(g) A plan for the extraction of commercial mineral deposits pursuant to
section 34-1-304;
(h) A plan for the location and placement of public utilities that facilitates
the provision of such utilities to all existing, proposed, or projected developments in the municipality;
(i) Projections of population change and housing needs to accommodate the
projected population for specified increments of time. The municipality may base these projections upon data from the department of local affairs and upon the municipality's local objectives;
(j) The areas containing steep slopes, geological hazards, endangered or
threatened species, wetlands, floodplains, floodways, and flood risk zones, highly erodible land or unstable soils, and wildfire hazards. For purposes of determining the location of such areas, the commission should consider the following sources for guidance:
(I) The Colorado geological survey for defining and mapping geological
hazards;
(II) The United States fish and wildlife service of the United States
department of the interior and the parks and wildlife commission created in section 33-9-101 for locating areas inhabited by endangered or threatened species;
(III) The Unites States army corps of engineers and the United States fish
and wildlife service national wetlands inventory for defining and mapping wetlands;
(IV) The federal emergency management agency for defining and mapping
floodplains, floodways, and flood risk zones;
(V) The natural resources conservation service of the United States
department of agriculture for defining and mapping unstable soils and highly erodible land; and
(VI) The Colorado state forest service for locating wildfire hazard areas.
(2) As the work of making the whole master plan progresses, the commission
may from time to time adopt and publish a part thereof. Any such part shall cover one or more major sections or divisions of the municipality or one or more of the foregoing or other functional matters to be included in the plan. The commission may amend, extend, or add to the plan from time to time.
(3) (Deleted by amendment, L. 2007, p. 613, � 2, effective August 3, 2007.)
(4) (a) Each municipality that has a population of two thousand persons or
more and that is wholly or partially located in a county that is subject to the requirements of section 30-28-106 (4), C.R.S., shall adopt a master plan within two years after January 8, 2002.
(b) The department of local affairs shall annually determine, based on the
population statistics maintained by said department, whether a municipality is subject to the requirements of this subsection (4), and shall notify any municipality that is newly identified as being subject to said requirements. Any such municipality shall have two years following receipt of notification from the department to adopt a master plan.
(c) Once a municipality is identified as being subject to the requirements of
this subsection (4), the municipality shall at all times thereafter remain subject to the requirements of this subsection (4), regardless of whether it continues to meet the criteria specified in paragraph (a) of this subsection (4).
(5) A master plan adopted in accordance with the requirements of
subsection (4) of this section shall contain a recreational and tourism uses element pursuant to which the municipality shall indicate how it intends to provide for the recreational and tourism needs of residents of the municipality and visitors to the municipality through delineated areas dedicated to, without limitation, hiking, mountain biking, rock climbing, skiing, cross country skiing, rafting, fishing, boating, hunting, and shooting, or any other form of sports or other recreational activity, as applicable, and commercial facilities supporting such uses.
(6) The master plan of any municipality adopted or amended in accordance
with the requirements of this section on and after August 8, 2005, shall satisfy the requirements of section 29-20-105.6, C.R.S., as applicable.
(7) Notwithstanding any other provision of this section, no master plan
originally adopted or amended in accordance with the requirements of this section shall conflict with a master plan for the extraction of commercial mineral deposits adopted by the municipality pursuant to section 34-1-304, C.R.S.
(8) The commission shall submit the master plan and any separately
approved water supply element and strategic growth element to the division of local government in the department of local affairs. The division of local government shall review master plans and may provide comments to the commission.
(9) (a) As used in this subsection (9):
(I) (A) Equestrian means an individual who is riding a horse, leading a horse,
or riding in a vehicle drawn by a horse.
(B) Equestrian includes the horse being ridden, being led, or drawing a
vehicle, as each are described in subsection (9)(a)(I)(A) of this section.
(II) Equestrian zone means an area that a municipality determines is
suburban or urban and contains:
(A) An equestrian fairground, public equestrian riding arena, public
equestrian center, or public riding trail;
(B) An equestrian-centric residential neighborhood where equestrians
regularly ride and that was zoned in such a manner as to allow housing privately owned equines but is now being developed for primarily residential use or that is zoned in such a manner as to allow housing privately owned equines;
(C) A keystone property; or
(D) Roads or trails that equestrians use and that are related to an area
described in subsections (9)(a)(II)(A) to (9)(a)(II)(C) of this section.
(III) Keystone property means a property that has at least one of the
following equestrian facilities:
(A) Boarding facilities that provide housing for equines, training for
equestrians, or equine service and education programs;
(B) Equine stables that facilitate animal welfare rescue programs or equine
therapy programs;
(C) Breeding facilities for equines; or
(D) Nonpublic equestrian venues that provide services to the equestrian
community.
(IV) Suburban or urban means the population and traffic density are
sufficient to cause significant and regular interactions between equestrians and motor vehicles or other residents.
(b) A municipality with a master plan may identify and show on the master
plan the location of and character of existing or proposed equestrian infrastructure, venues, and equestrian zones.
(c) A municipality may organize public events to educate the public about
equestrian use of recreational trails and roads and the duties of users of trails and roads with regard to equestrian users. A municipality may partner with local horse advocacy groups to educate the public about these matters or to hold the public events.
Source: L. 75: Entire title R&RE, p. 1147, � 1, effective July 1. L. 79: (1)(d)
amended, p. 1162, � 10, effective January 1, 1980. L. 97: (3) added, p. 414, � 2, effective April 24. L. 2000: (1) amended, p. 874, � 2, effective August 2. L. 2001, 2nd Ex. Sess.: (4) and (5) added, p. 22, � 2, effective January 8, 2002. L. 2002: (5) amended, p. 1036, � 84, effective June 1. L. 2005: (6) added, p. 223, � 3, effective August 8. L. 2007: IP(1) and (3) amended and (7) added, p. 613, � 2, effective August 3. L. 2010: (1)(b) and (6) amended, (HB 10-1205), ch. 242, p. 1078, � 3, effective August 11. L. 2012: IP(1) and (1)(k)(II) amended, (HB 12-1317), ch. 248, p. 1206, � 13, effective June 4. L. 2020: IP(1) and (1)(d) amended, (HB 20-1095), ch. 82, p. 332, � 2, effective September 14. L. 2022: (1)(f) amended, (SB 22-118), ch. 335, p. 2373, � 9, effective August 10. L. 2024: (1) R&RE and (1.3), (1.5), (1.7), (1.9), and (8) added, (SB 24-174), ch. 290, p. 1969, � 3, effective May 30. L. 2025: (9) added, (SB 25-149), ch. 266, p. 1376, � 8, effective August 6.
Editor's note: (1) This section is similar to former � 31-23-106 as it existed
prior to 1975.
(2) Section 11(2) of chapter 266 (SB 25-149), Session Laws of Colorado 2025,
provides that the act changing this section applies to offenses committed on or after August 6, 2025.
Cross references: For the legislative declaration in SB 25-149, see section 1
of chapter 266, Session Laws of Colorado 2025.
C.R.S. § 31-23-301
31-23-301. Grant of power - definitions. (1) Except as otherwise provided in section 34-1-305, C.R.S., for the purpose of promoting health, safety, morals, or the general welfare of the community, including energy conservation and the promotion of solar energy utilization, the governing body of each municipality is empowered to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, the height and location of trees and other vegetation, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. Regulations and restrictions of the height, number of stories, and the height and location of trees and other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for new growth on such vegetation. Such regulations shall provide that a board of adjustment may determine and vary their application in harmony with their general purpose and intent and in accordance with general or specific rules contained in such regulations. Subject to the provisions of subsection (2) of this section and to the end that adequate safety may be secured, said governing body also has power to establish, regulate, restrict, and limit such uses on or along any storm or floodwater runoff channel or basin, as such storm or floodwater runoff channel or basin has been designated and approved by the Colorado water conservation board, in order to lessen or avoid the hazards to persons and damage to property resulting from the accumulation of storm or floodwaters. Any ordinance enacted under authority of this part 3 shall exempt from the operation thereof any building or structure as to which satisfactory proof is presented to the board of adjustment that the present or proposed situation of such building or structure is reasonably necessary for the convenience or welfare of the public.
(2) The power conferred by subsection (1) of this section for flood prevention
and control shall not be exercised to deprive the owner of any existing property of its future use or maintenance for the purpose to which it was lawfully devoted on February 25, 1966, but provisions may be made for the gradual elimination of uses, buildings, and structures, including provisions for the elimination of such uses when the existing uses to which they are devoted are discontinued, and for the elimination of such buildings and structures when they are destroyed or damaged in major part.
(3) The governing body of any municipality or the board of adjustment
thereof, in the exercise of powers pursuant to this section, may condition any zoning regulation, any amendment to such regulation, or any variance of the application thereof or the exemption of any building or structure therefrom upon the preservation, improvement, or construction of any storm or floodwater runoff channel designated and approved by the Colorado water conservation board.
(4) A statutory or home rule city or town or city and county shall not enact an
ordinance prohibiting the use of a state-licensed group home for either persons with intellectual and developmental disabilities or behavioral or mental health disorders that serves not more than eight persons with intellectual and developmental disabilities or eight persons with behavioral or mental health disorders and appropriate staff as a residential use of property for zoning purposes. As used in this subsection (4), the phrase residential use of property for zoning purposes includes all forms of residential zoning and specifically, although not exclusively, single-family residential zoning.
(5) (a) As used in this subsection (5), unless the context otherwise requires:
(I) Repealed.
(II) Equivalent performance engineering basis means that by using
engineering calculations or testing, following commonly accepted engineering practices, all components and subsystems will perform to meet health, safety, and functional requirements to the same extent as required for other single family housing units.
(b) (I) No municipality may have or enact zoning regulations, subdivision
regulations, or any other regulation affecting development that exclude or have the effect of excluding homes or structures from the municipality that are:
(A) Factory-built structures, as defined in section 24-32-3302 (11) and
certified by the division of housing created in section 24-32-704 or a party authorized to act on its behalf;
(B) Manufactured homes certified by the United States department of
housing and urban development through its office of manufactured housing programs, a successor agency, or a party authorized to act on its behalf; or
(C) Homes that meet or exceed, on an equivalent performance engineering
basis, standards established by the municipal building code.
(I.5) A municipality shall not impose more restrictive standards on factory-built structures than those the municipality applies to site-built homes in the same
residential zones. As used in this subsection (5)(b)(I.5), restrictive standards means zoning regulations, subdivision regulations, and any other regulation affecting development, including standards related to:
(A) Home size or sectional requirements;
(B) Improvement location;
(C) Minimum floor space;
(D) Permanent foundations;
(E) Setback standards; and
(F) Side-yard standards.
(II) Nothing in this subsection (5) prevents a municipality from enacting any
zoning, developmental, use, aesthetic, or historical standard, including, but not limited to, requirements relating to permanent foundations, minimum floor space, unit size or sectional requirements, and improvement location, side yard, and setback standards to the extent that such standards or requirements are applicable to existing similar housing or structures or new site-built housing within the specific use district of the municipality.
(III) Nothing in this subsection (5) precludes any municipality from enacting
municipal building code provisions for unique public safety requirements such as snow load roof, wind shear, wildfire risk, and energy conservation factors, unless it is a factory-built structure certified by the division of housing created in section 24-32-704 or a party authorized to act on its behalf or a manufactured home certified by the United States department of housing and urban development through its office of manufactured housing programs, a successor agency, or a party authorized to act on its behalf. A municipality must comply with section 24-32-3318 when enacting building code provisions for a manufactured home as regulated by the United States department of housing and urban development, and it must also comply with the requirements established by the division of housing for factory-built structures.
(IV) Nothing in this subsection (5) shall be deemed to supersede any valid
covenants running with the land.
Source: L. 75: Entire title R&RE, p. 1155, � 1, effective July 1; (4) added, p. 934,
� 57, effective July 1. L. 79: (1) amended, p. 1163, � 13, effective January 1, 1980. L. 84: (5) added, p. 824, � 2, effective January 1, 1985. L. 87: (4) amended, p. 1217, � 2, effective July 1. L. 2006: (4) amended, p. 1408, � 76, effective August 7. L. 2017: (4) amended, (SB 17-242), ch. 263, p. 1379, � 300, effective May 25. L. 2021: (5)(a)(I) repealed and (5)(b)(I) and (5)(b)(III) amended, (HB 21-1019), ch. 122, p. 486, � 30, effective September 7. L. 2022: (5)(b)(I)(A) amended, (SB 22-212), ch. 421, p. 2982, � 72, effective August 10. L. 2025: IP(5)(b)(I), (5)(b)(I)(A), (5)(b)(I)(B), (5)(b)(II), and (5)(b)(III) amended and (5)(b)(I.5) added, (SB 25-002), ch. 172, p. 719, � 9, effective May 8.
Editor's note: This section is similar to former � 31-23-201 as it existed prior
to 1975.
Cross references: For the legislative declaration in SB 17-242, see section 1
of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.
C.R.S. § 31-23-303
31-23-303. Legislative declaration. (1) Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, floodwaters, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to promote energy conservation; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality.
(2) (a) The general assembly declares that the establishment of state-licensed group homes for the exclusive use of persons with intellectual and
developmental disabilities, which homes are known as community residential homes as defined in section 25.5-10-202, C.R.S., is a matter of statewide concern and that a state-licensed group home for eight persons with intellectual and developmental disabilities is a residential use of property for zoning purposes. As used in this subsection (2), the phrase residential use of property for zoning purposes includes all forms of residential zoning and specifically, although not exclusively, single-family residential zoning. As used in this section, persons with intellectual and developmental disabilities has the same meaning as set forth in section 25.5-10-202, C.R.S.
(b) (I) (Deleted by amendment, L. 2001, p. 104, � 2, effective March 21, 2001.)
(II) The general assembly declares that the establishment of group homes
for the aged for the exclusive use of not more than eight persons sixty years of age or older per home is a matter of statewide concern. The general assembly further finds and declares that it is the policy of this state to enable and assist persons sixty years of age or older who do not need nursing facilities, and who so elect, to live in normal residential surroundings, including single-family residential units. Group homes for the aged must be distinguished from nursing facilities, as defined in section 25.5-4-103, and institutions providing life care, as defined in section 11-49-101. Every municipality that adopts a zoning ordinance shall provide for the location of group homes for the aged. A group home for the aged established under this subsection (2)(b) must not be located within seven hundred fifty feet of another group home, unless otherwise provided for by the municipality. Nothing in this subsection (2)(b) shall be construed to exempt the group homes from compliance with any state, county, or municipal health, safety, and fire codes. On April 29, 1976, every person sixty years of age or older who resides in a skilled or intermediate health-care facility and who may be transferred or discharged therefrom to a group home for the aged shall not be so discharged or transferred unless he or she has received ninety days' advance written notice thereof or has agreed in writing to the proposed transfer or discharge.
(b.5) The general assembly declares that the establishment of state-licensed group homes for the exclusive use of persons with behavioral or mental
health disorders, as defined in section 27-65-102, is a matter of statewide concern and that a state-licensed group home for eight persons with behavioral or mental health disorders is a residential use of property for zoning purposes, as defined in section 31-23-301 (4). A group home for persons with behavioral or mental health disorders established pursuant to this subsection (2)(b.5) must not be located within seven hundred fifty feet of another such group home, unless otherwise provided for by the municipality. A person must not be placed in a group home without being screened by either a professional person, as defined in section 27-65-102 (27), or any other such mental health professional designated by the director of a facility approved by the commissioner of the behavioral health administration. Persons determined to be not guilty by reason of insanity to a violent offense must not be placed in such group homes, and any person who has been convicted of a felony involving a violent offense is not eligible for placement in such group homes. This subsection (2)(b.5) must be implemented, where appropriate, by the rules of the department of public health and environment concerning residential treatment facilities for persons with behavioral or mental health disorders. Nothing in this subsection (2)(b.5) exempts such group homes from compliance with any state, county, or municipal health, safety, and fire codes.
(b.7) The general assembly finds and declares that it is the policy of the
state to encourage, promote, and assist persons who are in recovery from substance use disorders to live in residential neighborhoods. Further, the general assembly declares that the use of recovery residences, as defined in section 27-80-129 (1)(b), by persons in recovery from substance use disorders is a matter of statewide concern and that recovery residences are a residential use of property for zoning purposes and subject only to the regulations of like dwellings in the same zone.
(c) Nothing in this subsection (2) shall be construed to supersede the
authority of municipalities and counties to regulate such homes appropriately through local zoning ordinances or resolutions, except insofar as such regulation would be tantamount to prohibition of such homes from any residential district. This section is specifically not to be construed to permit violation of the provisions of any zoning ordinance or resolution with respect to height, setbacks, area, lot coverage or external signage or to permit architectural designs substantially inconsistent with the character of the surrounding neighborhood. This section is also not to be construed to permit conducting of the ministerial activities of any private or public organization or agency or to permit types of treatment activities or the rendering of services in a manner substantially inconsistent with the activities otherwise permitted in the particular zoning district. If reasonably related to the requirements of a particular home, a local zoning or other development regulations may, without violating the provisions of this section, also attach specific location requirements to the approval of the group home, including the availability of such services and facilities as convenience stores, commercial services, transportation, and public recreation facilities.
(3) The general assembly declares that the availability and affordability of
housing for residents of this state is a matter of statewide concern. It is the purpose of section 31-23-301 (5) to promote the public health, safety, and welfare by allowing residents of this state an additional opportunity to be able to live in decent, safe, and affordable housing on a permanent basis by prohibiting the exclusion of manufactured homes on single site lots from municipalities where the manufactured homes meet or exceed on an equivalent performance engineering basis the standards established by the municipal building code.
Source: L. 75: Entire title R&RE, p. 1156, � 1, effective July 1; entire section
amended, p. 934, � 58, effective July 1. L. 76: (2)(a.5) added, p. 695, � 2, effective April 29. L. 79: (1) amended, p. 1164, � 14, effective January 1, 1980. L. 84: (3) added, p. 825, � 3, effective January 1, 1985. L. 87: (2)(b.5) added, p. 1217, � 3, effective July 1. L. 90: (2)(b) amended, p. 1477, � 2, effective July 1. L. 91: (2)(b)(II) amended, p. 1858, � 21, effective April 11. L. 92: (2)(b.5) amended, p. 2179, � 44, effective June 2. L. 94: (2)(b.5) amended, p. 2715, � 298, effective July 1. L. 2001: (2)(a), (2)(b), and (2)(b.5) amended, p. 104, � 2, effective March 21. L. 2006: (2)(b)(II) amended, p. 2022, � 116, effective July 1; (2)(b.5) amended, p. 1408, � 77, effective August 7. L. 2010: (2)(b.5) amended, (SB 10-175), ch. 188, p. 806, � 82, effective April 29. L. 2013: (2)(a) amended, (HB 13-1314), ch. 323, p. 1813, � 53, effective March 1, 2014. L. 2017: (2)(b.5) amended, (SB 17-242), ch. 263, p. 1379, � 301, effective May 25; (2)(b)(II) amended, (SB 17-226), ch. 159, p. 590, � 10, effective August 9. L. 2022: (2)(b.5) amended, (HB 22-1256), ch. 451, p. 3238, � 49, effective August 10. L. 2024: (2)(b.7) added, (SB 24-048), ch. 405, p. 2786, � 8, effective August 7. L. 2025: (2)(b)(II) amended, (HB 25-1184), ch. 210, p. 951, � 12, effective August 6.
Editor's note: (1) This section is similar to former � 31-23-203 as it existed
prior to 1975.
(2) Subsection (2) was renumbered on revision in 1977 for ease of location.
Cross references: (1) For the care and treatment of the persons with
intellectual and developmental disabilities, see article 10.5 of title 27.
(2) For the legislative declaration in SB 17-242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
C.R.S. § 31-25-1212
31-25-1212. General powers of district. (1) The district has the following powers, except as limited by the operating plan:
(a) To have perpetual existence;
(b) To have and use a corporate seal;
(c) To sue and be sued and be a party to suits, actions, and proceedings;
(d) To enter into contracts and agreements, except as otherwise provided in
this part 12, affecting the affairs of the district, including contracts with the United States and any of its agencies or instrumentalities;
(e) To borrow money and incur indebtedness for the purposes of the district
and evidence the same by certificates, warrants, notes, and debentures and to issue negotiable bonds in accordance with the provisions of this part 12;
(f) To provide any of the following services within the district:
(I) Consulting with respect to planning or managing development activities;
(II) Maintenance of improvements, by contract, if it is determined to be the
most cost-efficient;
(III) Promotion or marketing of district activity;
(IV) Organization, promotion, marketing, and management of public events;
(V) Activities in support of business recruitment, management, and
development;
(VI) Security for businesses and public areas located within the district;
(VII) Snow removal or refuse collection, by contract, if it is determined to be
the most cost-efficient;
(VIII) Providing design assistance;
(g) To acquire, construct, finance, install, and operate the improvements
contemplated by this part 12 and all property, rights, or interests incidental or appurtenant thereto and to dispose of real and personal property and any interest therein, including leases and easements in connection therewith;
(h) To refund any bonds of the district pursuant to article 56 of title 11, C.R.S.;
(i) To have the management, control, and supervision of all the business and
affairs of the district and of the acquisition, construction, financing, installation, and operation of district improvements and the financing and operation of district services therein;
(j) To construct and install improvements across or along any public street,
alley, or highway and to construct works across any stream of water or watercourse. The district shall promptly restore any such street or highway to its former state of usefulness as nearly as possible and shall not use the same in such manner as completely or unnecessarily to impair the usefulness thereof. The use and occupation of streets, alleys, and highways and the construction or installation of improvements by any district shall be in accordance with the provisions of all applicable municipal ordinances and state law and with such reasonable rules and regulations as may be prescribed by either the municipality affected or the department of transportation. Plans and specifications of proposed improvements shall be approved by the municipality before construction or installation of improvements is commenced. Plans and specifications of proposed district improvements across or along any street or highway which is part of the state highway system for which the department of transportation has jurisdiction shall be approved in writing by the department of transportation before such improvements may be constructed or installed. Such approval by the department of transportation, if granted, shall not relieve the district of any responsibility for such improvements.
(k) To fix, and from time to time increase or decrease, rates, tolls, or charges
for any services or improvements furnished by the district. The board may pledge such revenue for the payment of any bonds of the district. Until paid, all rates, tolls, or charges shall constitute a perpetual lien on and against the commercial property served within the boundaries of the district, and any such lien on personal property or any such lien on real property may be foreclosed in the same manner as provided in article 20 of title 38, C.R.S., or article 22 of title 38, C.R.S., respectively. The board may shut off or discontinue service for delinquencies in the payment of such rates, tolls, or charges or for delinquencies in the payment of taxes levied pursuant to this part 12 and shall prescribe and enforce rules and regulations for connecting with and disconnecting from such services and facilities.
(l) To appoint an advisory board of owners of property within the boundaries
of the district and provide for the duties and functions thereof;
(m) To hire employees or retain agents, engineers, consultants, attorneys,
and accountants;
(n) To adopt and amend bylaws not in conflict with the constitution and laws
of the state or with the ordinances of the municipality affected for carrying on the business, objects, and affairs of the board and of the district; and
(o) To exercise all rights and powers necessary or incidental to or implied
from the specific powers granted in this part 12. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this part 12.
Source: L. 88: Entire part added, p. 1135, � 1, effective May 6. L. 91: (1)(k)
amended, p. 761, � 6, effective May 20; (1)(j) amended, p. 1070, � 43, effective July 1.
C.R.S. § 31-25-1303
31-25-1303. Definitions. As used in this part 13, unless the context otherwise requires:
(1) Agency means any home rule or statutory city, town, territorial charter
city, city and county, or any other political subdivision that a municipality may create pursuant to state law that is a budgetary unit exercising construction contracting authority or discretion.
(2) Contract means any agreement for designing, building, altering,
repairing, improving, demolishing, operating, maintaining, or financing a public project.
(3) Cost-reimbursement contract means a contract under which a
participating entity is reimbursed for costs that are allowable and allocable in accordance with the contract terms and provisions of this part 13.
(4) Integrated project delivery or IPD means a project delivery method in
which there is a contractual agreement between an agency and a single participating entity for the design, construction, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination of these services, for a public project.
(5) IPD contract means a contract using an integrated project delivery
method.
(6) Participating entity means a partnership, corporation, joint venture,
unincorporated association, or other legal entity that provides appropriately licensed planning, architectural, engineering, development, construction, operating, or maintenance services as needed in connection with an IPD contract.
(7) Public project means any lands, buildings, structures, works, machinery,
equipment, or facilities suitable for and intended for use as public property for public purposes or suitable for and intended for use in the promotion of the public health, public welfare, or public education, to the extent the boundaries of an agency and a school district are coterminous, or for the conservation of natural resources, including the planning of any such lands, buildings, improvements, structures, works, machinery, equipment, or facilities. Public project shall also include existing lands, buildings, improvements, structures, works, and facilities, as well as improvements, renovations, or additions to any such lands, buildings, improvements, structures, works, or facilities and any operation or maintenance programs for the operation and upkeep of such projects.
(8) Public purposes includes, but is not limited to, the supplying of public
water services and facilities, public sewer services and facilities, and lands, buildings, improvements, equipment, and facilities for public education, to the extent the boundaries of the agency and the school district are coterminous.
Source: L. 2007: Entire part added, p. 1815, � 3, effective August 3.
C.R.S. § 31-25-502
31-25-502. Powers to make local improvements. (1) A district may be formed in accordance with the requirements of this part 5 for the purpose of constructing, installing, or acquiring any public improvement so long as the municipality that forms the district is authorized to provide such improvement under the municipality's home rule charter or ordinance passed pursuant to such charter, if any, or the laws of this state. Public improvements shall not include any facility identified in section 30-20-101 (8) or (9), C.R.S.
(2) The improvements authorized by this part 5 may include, where so
specified or generally provided for in the ordinance of the governing body forming the district, any renewable energy improvement or energy efficiency improvement to any residential or commercial property within the district.
(3) It is lawful for any municipality to construct any of the local
improvements mentioned in this part 5 and to assess the cost thereof, wholly or in part, upon the property especially benefited by such improvements. The improvements shall be authorized by ordinance duly adopted and shall be constructed under the direction of the municipal engineer or other officer having similar duties or under the direction of the governing body in accordance with plans and specifications adopted by the governing body; except that, for districts formed for the purpose of encouraging, accommodating, and financing renewable energy improvements or energy efficiency improvements, the owner of property within a district may arrange improvements that qualify pursuant to the ordinance of the governing body authorizing improvements for the district and may obtain financing for said improvements from the district through the process set forth in the ordinance forming the district.
Source: L. 75: Entire title R&RE, p. 1190, � 1, effective July 1. L. 2002: Entire
section amended, p. 273, � 13, effective August 7. L. 2008: Entire section amended, p. 1301, � 23, effective May 27.
Editor's note: This section is similar to former � 31-25-502 as it existed prior
to 1975.
C.R.S. § 31-25-503
31-25-503. What improvements may be made - conditions. (1) A district may be created within the boundaries of a municipality and may also include any property in the unincorporated area of the county within which the municipality is situated if such county consents by resolution to such district and the construction or acquisition of improvements therein. In addition, such district may also include any property in another municipality within such county if such municipality consents by ordinance to such district and the construction or acquisition of the improvements therein. If a district includes property within a county by county consent or within another municipality by municipal consent, the municipality shall have full authority to construct or acquire improvements, to assess property within the county or such municipality benefited by such improvements, and to enforce and collect such assessments in the manner provided in this part 5; but:
(a) No improvement, except as provided in paragraph (d) of this subsection
(1) and except for sidewalks, water mains, sewers, and sewage disposal works and their appurtenances, shall be ordered under this part 5 unless a petition for the same is first presented. The petition shall be subscribed by the owners of property to be assessed for more than one-half of the entire costs estimated by the governing body to be assessed. Except as specified in this section, nothing in this part 5 shall restrict the right of such owners from securing any particular kind or variety of improvements petitioned for. In any case where a proposed improvement district includes two or more assessment units, the owners of property to be assessed for more than one-half of the entire costs estimated by the governing body to be assessed in each assessment unit shall petition as specified in this part 5.
(b) If the owners of property to be assessed for more than one-half of the
entire costs estimated by the governing body to be assessed petition for any particular kind of improvement and for any particular materials to be used in the same, the improvement shall be ordered in accordance with the petition, and the materials so designated shall be used, except as otherwise provided in this section;
(c) If the material petitioned for by the owners of property to be assessed for
more than one-half of the entire costs estimated by the governing body to be assessed does not encourage competition, the petitioners shall have the right to state in the petition the maximum price per square yard or linear foot or per unit at which the improvement is desired, and no contract shall be let for any such improvement at a price exceeding the maximum price fixed in said petition, excluding the cost of engineering, collection, inspection, incidentals, and interest;
(d) Any improvement may be initiated directly by the governing body by
resolution declaring its intention to construct the improvements. If initiated by such resolution, the governing body shall make a preliminary order as required by subsection (3) of this section in the same manner as if the improvements had been requested by petition. Such preliminary order may be included in the resolution of intention to construct the improvements. However, if written protests are submitted prior to the hearing referred to in subsection (4) of this section subscribed by the owners of property to be assessed for more than one-half of the entire costs estimated by the governing body to be assessed, the governing body shall not proceed with such special improvement district, based on the preliminary order so protested. Such protests shall not prevent the governing body from adopting a subsequent preliminary order for such improvements, subject to notice, hearing, and protest, as provided in this part 5.
(2) The governing body shall encourage competition by advertising for and
receiving bids for such construction and, insofar as possible within the limits of the petition, shall describe all materials by standard or quality in the specifications.
(3) Before contracting for or ordering any work to be constructed, a
preliminary order shall be made by the governing body, adopting preliminary plans and specifications for the same, definitely describing the materials to be used or stating that one of several specified materials shall be chosen, determining the number of installments and the time in which the cost of the improvement shall be payable, and the property to be assessed for the same, as provided in this part 5, and requiring an estimate of the cost to be made by the municipal engineer or any similar officer or employee, together with a map of the district in which the improvement is to be made and a schedule showing the approximate amounts to be assessed upon the several lots or parcels of property within the district. The cost estimates and approximate amounts to be assessed shall be formulated in good faith on the basis of the best information available to the governing body but shall not be binding.
(4) The clerk shall give notice of the hearing on the construction of the
improvements by publication in one issue of a newspaper of general circulation in the municipality, the publication to be at least twenty days prior to the date of the hearing. In addition, notice shall be mailed by first-class mail to each property owner to be assessed for the cost of the improvements who is included within the district. The mailed notice shall be made on or about the date of the publication of the notice of hearing. The notice shall set forth the following information:
(a) The kind of improvements proposed;
(b) The number of installments;
(c) The time in which the cost shall be payable;
(d) Repealed.
(e) The extent of the district to be improved;
(f) The probable cost per front foot or other unit basis which, in the judgment
of the governing body, reflects the benefits which accrue to the properties to be assessed, as shown by the estimates of the engineer;
(g) The time, not less than twenty days after the publication, when an
ordinance authorizing the improvements will be considered;
(h) That said map and estimate and schedule showing the approximate
amounts to be assessed and all resolutions and proceedings are on file and can be seen and examined by any interested person at the office of the clerk, or other designated place, at any time within said period of twenty days; and
(i) That all complaints and objections made in writing concerning the
proposed improvement by the owners of any property to be assessed will be heard and determined by the governing body before final action is taken.
(4.5) If the petition for an improvement is signed by one hundred percent of
the owners of property to be assessed and contains a request for such waiver, the governing body may, at its discretion, waive all or any of the requirements for notice, publication, and a hearing set forth in subsection (4) of this section.
(5) The finding by ordinance or resolution of the governing body that said
improvements were duly ordered after notice duly given and after hearing duly held when such notice and hearing are required pursuant to this section, that such petition was presented, and that the petition was subscribed by all or the required number of owners shall be conclusive of the facts so stated in every court or other tribunal.
(6) Any resolution or order in the premises may be modified, confirmed, or
rescinded at any time prior to the passage of the ordinance authorizing the improvements.
(7) The specifications for paving may include sidewalks, curbs, gutters, and
grading, and sufficient culverts, sewers, or drains necessary to carry off the surface waters across or along the line of the street improved, and such other incidentals to paving as, in the judgment of the governing body, may be required. The specifications may also provide that bidders shall agree to enter into contract to do the work and maintain the same in good repair for a period of five years, and the contract may be entered into in accordance with such specifications.
(8) If, before any such improvements are made, any piece of real estate or
any railway company to be assessed already has an improvement conforming to the general plan or satisfactory to the governing body, an allowance therefor may be made to the owner, and such allowance may be deducted from the owner's assessment and from the contract price.
(9) (a) Any other provision of this part 5 to the contrary notwithstanding, the
governing body may create a district for the purpose of acquiring existing improvements of a character authorized by this part 5, in which case, the provisions of this part 5 concerning construction of improvements by the municipality, competitive bidding, and preliminary plans and specifications shall not apply.
(b) Any other provision of this part 5 notwithstanding, the governing body
may create an improvement district for the purpose of encouraging, accommodating, and financing renewable energy improvements and energy efficiency improvements of a character authorized by section 31-25-502 (2). Any such district shall include only property for which the owner has executed a contract or agreement consenting to the inclusion of such property within the district, and such consent may occur subsequent to the adoption of the ordinance of the governing body forming the district. The inclusion of such property within the district subsequent to the adoption of the ordinance of the governing body forming the district may be made by the adoption of a supplemental or amending ordinance or resolution of the governing body. For districts formed for the purpose of encouraging, accommodating, and financing renewable energy improvements or energy efficiency improvements, the provisions of subsections (2) and (3) of this section concerning preliminary orders, competitive bidding, and preliminary plans and specifications, of section 31-25-516 concerning contracts for construction, and of section 31-25-518 concerning contract provisions shall not apply.
(c) The contract or agreement shall note the existence of any first priority
mortgage or deed of trust on the property, the identity of the record holder thereof, and the penalty for default provided in section 31-25-530 clearly stating that default, like the penalties that exist for default on any mortgage or any other special assessment, may result in the loss of the applicant's home. Within thirty days of a person's submission of an application to the district, the governing body shall provide written notice to the record holder of any first priority mortgage or deed of trust on the real property that the person is participating in the district.
(10) The governing body is authorized to enter into contracts and agreements
with any owner of property within the district or any other person concerning the construction or acquisition of improvements, the assessment of the cost thereof, the waiver or limitation of legal rights, or any other matter concerning the district.
(11) At or about the time of publication by the governing body of any
ordinance creating a district, a copy of such ordinance shall be provided to the county assessor, the county treasurer, and the division of local government in the department of local affairs. The governing body shall make a good faith attempt to comply with this subsection (11), but failure to comply shall not affect or impair the organization of any district, the construction or acquisition of improvements therein, the levying and collection of assessments, or any other matter pursuant to the provisions of this part 5.
Source: L. 75: Entire title R&RE, p. 1190, � 1, effective July 1; (1)(a) and IP(4)
amended and (1)(d) added, pp. 1279, 1280, �� 1, 2, effective May 22. L. 81: IP(1) amended, p. 1456, � 4, effective May 27. L. 84: (4.5) added and (5) amended, p. 839, � 1, effective March 29. L. 86: (1), (3), IP(4), (4)(f), (4)(g), and (4)(i) amended, (4)(d) repealed, and (9) to (11) added, pp. 1044, 1062, �� 1, 39, effective July 1. L. 90: IP(1) amended, p. 1472, � 6, effective July 1; (11) R&RE, p. 1473, � 7, effective October 1. L. 2002: IP(1) amended, p. 273, � 14, effective August 7. L. 2008: (9) amended, p. 1302, � 24, effective May 27. L. 2010: (9)(c) added, (SB 10-100), ch. 207, p. 904, � 8, effective May 5.
Editor's note: This section is similar to former � 31-25-503 as it existed prior
to 1975.
C.R.S. § 31-25-541
31-25-541. Interim warrants. The governing body, from time to time as work proceeds in a local improvement district, may authorize the issuance of interim warrants: For not to exceed ninety percent in value of the work theretofore done upon estimates of the engineer of the municipality; after completion of the work and acceptance thereof by the engineer of the municipality and by the governing body, for one hundred percent of the value of the work so completed; and, where improvements in the district require the acquisition of property, for an amount not exceeding the value of the property. The warrants may be issued to a contractor to apply at par value on the contract price for the improvements or to the owner of the property to apply at par value on the property price. The warrants may also be issued and sold at not less than par value in such manner as the governing body may determine, and the proceeds may be used to apply towards payment of the contract price and property price. Interim warrants shall bear interest from date of issue until paid at such rate as may be fixed by the governing body. Interest accruing on interim warrants shall be included as a cost of the improvements in the local improvement district. Interim warrants and interest thereon shall be paid by the issuance of or by proceeds from the sale of special improvement bonds issued or in cash received from the payment of assessments not pledged to the payment of the bonds or from any of such sources.
Source: L. 77: Entire section added, p. 1470, � 3, effective June 4.
C.R.S. § 31-25-809
31-25-809. Authorization of bonds. (1) By ordinance adopted by the governing body at a regular or special meeting, by a vote of a majority of the members of the governing body, the municipality may issue bonds, payable solely from revenues or from taxes pledged pursuant to section 31-25-807 (3)(b) or from both such revenues and taxes, to pay all or any part of the cost of any project or for furthering any purpose of this part 8.
(2) The governing body, in determining such costs, may include all costs and
estimated costs of the issuance of said bonds; all engineering, inspection, fiscal, and legal expenses; any discount on the sale of the bonds; the cost of any financial, professional, or other expert advice; contingencies; any administrative, operating, or other expenses of the municipality incurred pursuant to the issuance of such bonds, as may be determined by the governing body; all such other expenses as may be necessary or incident to the financing, acquisition, improvement, equipment, and completion of any development project or for furthering any purpose of this part 8; sufficient provision of reserves for working capital, operation, or maintenance or replacement expense or for payment or security of principal of or interest on any bonds during or after an acquisition or improvement and equipment as the governing body may determine; and reimbursements to any governmental agency or instrumentality for any moneys expended pursuant to agreement on any project or for furthering any purpose of this part 8.
(3) In each such project financed by the proceeds of bonds issued under this
part 8, the governing body shall determine the costs of, and may budget a percentage therefrom for, operation and administration of the total cost of the actual project.
(4) The proceeds of the bonds may be expended by the municipality or, with
the consent of the municipality, by the authority as agent for, and on behalf of, the municipality. If the proceeds of the bonds are applied for the acquisition of real or personal properties, the governing body may:
(a) Retain title to such properties in its own name and lease or grant licenses
or privileges in such properties to the authority in order that the authority may, as principal or agent, exercise its powers with respect to such properties; or
(b) Convey title to such properties to the authority for such consideration
and subject to such terms and conditions as the governing body may prescribe without regard to any restriction, limitation, or condition otherwise imposed by statute on the sale or disposition of such properties by a municipality.
Source: L. 76: Entire part added, p. 705, � 1, effective April 26. L. 77: Entire
section amended, p. 1476, � 6, effective July 1. L. 81: (4) added, p. 1521, � 8, effective July 1.
C.R.S. § 31-25-815
31-25-815. Employees - duties - compensation. (1) The board shall employ and fix the compensation, subject to the approval of the governing body, of the following, who shall serve at the pleasure of the board:
(a) A director, who shall be a person of good moral character and possessed
of a reputation for integrity, responsibility, and business ability. No member of the board shall be eligible to hold the position of director. The director shall take an oath or affirmation in accordance with section 24-12-101. The director shall be the chief executive officer of the authority. Subject to the approval of the board and directed by it when necessary, the director shall have general supervision over and be responsible for the preparation of plans and the performance of the functions of the authority in the manner authorized by this part 8. The director shall attend all meetings of the board and shall render to the board and to the governing body a regular report covering the activities and financial condition of the authority. In the absence or disability of the director, the board may designate a qualified person to perform the duties of the office as acting director. The director shall furnish the board with such information or reports governing the operation of the authority as the board may from time to time require.
(b) A treasurer, who shall keep the financial records of the authority and
who, together with the director, shall approve all vouchers for the expenditure of funds of the authority. He shall perform such other duties as may be delegated to him by the board.
(c) A secretary, who shall maintain custody of the official seal and of all
records, books, documents, or other papers not required to be maintained by the treasurer. He shall attend all meetings of the board and keep a record of all its proceedings. He shall perform such other duties as may be delegated to him by the board.
(d) Upon recommendation of the director, such clerical, technical, and
professional assistants, including but not limited to persons in the fields of engineering, planning, and economic research, as shall, in the opinion of the board, be necessary to provide for the efficient performance of the functions of the board.
(2) Any provision of this section and section 31-25-807 to the contrary
notwithstanding and subject to any limitations in the ordinance creating the authority or in any amendments thereto, the board may by resolution establish alternate administrative provisions relating to the administrative organization and structure of the authority and responsibilities of board members, officers, and employees.
Source: L. 76: Entire part added, p. 709, � 1, effective April 26. L. 2018: (1)(a)
amended, (HB 18-1138), ch. 88, p. 698, � 28, effective August 8; (1)(a) amended, (HB 18-1140), ch. 41, p. 465, � 9, effective August 8.
Editor's note: Amendments to subsection (1)(a) by HB 18-1138 and HB 18-1140
were harmonized.
Cross references: (1) For the legislative declaration in HB 18-1138, see
section 1 of chapter 88, Session Laws of Colorado 2018.
(2) For the legislative declaration in HB 18-1140, see section 1 of chapter 41,
Session Laws of Colorado 2018.
C.R.S. § 31-35-402
31-35-402. Powers. (1) In addition to the powers which it may now have, any municipality, without any election of the qualified electors thereof, has power under this part 4:
(a) To acquire by gift, purchase, lease, or exercise of the right of eminent
domain, to construct, to reconstruct, to improve, to better, and to extend water facilities or sewerage facilities or both, wholly within or wholly without the municipality or partially within and partially without the municipality, and to acquire by gift, purchase, or the exercise of the right of eminent domain lands, easements, and rights in land in connection therewith;
(b) To operate and maintain water facilities or sewerage facilities or both for
its own use and for the use of public and private consumers and users within and without the territorial boundaries of the municipality, but no water service or sewerage service or combination of them shall be furnished in any other municipality unless the approval of such other municipality is obtained as to the territory in which the service is to be rendered;
(c) To accept loans or grants or both from the United States under any
federal law in force to aid in financing the cost of engineering, architectural, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, or other action preliminary to the construction of water facilities or sewerage facilities or both;
(d) To accept loans or grants or both from the United States under any
federal law in force for the construction of necessary water facilities or sewerage facilities or both;
(e) To enter into joint operating agreements, contracts, or arrangements with
consumers concerning water facilities or sewerage facilities or both, whether acquired or constructed by the municipality or consumer, and to accept grants and contributions from consumers for the construction of water facilities or sewerage facilities or both. When determined by its governing body to be in the public interest and necessary for the protection of the public health, any municipality is authorized to enter into and perform contracts, whether long-term or short-term but in no event exceeding fifty years, with any consumer for the provision and operation by the municipality of sewerage facilities to abate or reduce the pollution of waters caused by discharges of wastes by a consumer and the payment periodically by the consumer to the municipality of amounts at least sufficient, in the determination of such governing body, to compensate the municipality for the cost of providing, including payment of principal and interest charges, if any, and of operating and maintaining the sewerage facilities serving such consumer.
(f) To prescribe, revise, and collect in advance or otherwise, from any
consumer or any owner or occupant of any real property connected therewith or receiving service therefrom, rates, fees, tolls, and charges or any combination thereof for the services furnished by, or the direct or indirect connection with, or the use of, or any commodity from such water facilities or sewerage facilities or both, including, without limiting the generality of the foregoing, minimum charges, charges for the availability of service, tap fees, disconnection fees, reconnection fees, and reasonable penalties for any delinquencies, including but not necessarily limited to interest on delinquencies from any date due at a rate of not exceeding one percent per month or fraction thereof, reasonable attorneys' fees, and other costs of collection without any modification, supervision, or regulation of any such rates, fees, tolls, or charges by any board, agency, bureau, commission, or official other than the governing body collecting them; and in anticipation of the collection of the revenues of such water facilities or sewerage facilities, or joint system, to issue revenue bonds to finance in whole or in part the cost of acquisition, construction, reconstruction, improvement, betterment, or extension of the water facilities or sewerage facilities, or both; and to issue temporary bonds until permanent bonds and any coupons appertaining thereto have been printed and exchanged for the temporary bonds;
(g) To pledge to the punctual payment of said bonds and interest thereon all
or any part of the revenues of the water facilities or sewerage facilities or both, including the revenues of improvements, betterments, or extensions thereto thereafter constructed or acquired, as well as the revenues of existing water facilities or sewerage facilities or both;
(h) To enter into and perform contracts and agreements with other
municipalities for or concerning the planning, construction, lease, or other acquisition and the financing of water facilities or sewerage facilities or both and the maintenance and operation thereof. Pursuant to any such contracts or agreements, such municipalities may obligate themselves to make payments in amounts which shall be sufficient to enable any municipality which finances such water facilities or sewerage facilities or both to meet its expenses, the interest and principal payments for its bonds, its reasonable reserves for debt service, operation and maintenance, and renewals and replacements, and the requirements of any rate covenant with respect to debt service coverage contained in any resolution, ordinance, or other security instrument. Such contracts or agreements may contain such other terms and conditions as the municipalities may determine, including but not limited to provisions whereby a municipality is obligated to pay for the output, capacity, or use of any project irrespective of whether such output, capacity, or use is produced or delivered to the municipality or whether any project contemplated by any such agreement is completed, operable, or operating, and notwithstanding suspension, interruption, interference, reduction, or curtailment of the output, use, or service of such project. Subject to local charter and state constitutional limitations, such contracts or agreements may also provide that if one or more of the municipalities default in the payment of its obligations under any such contract or agreement, the remaining municipalities which also have such agreements shall be required to accept and pay for, and shall be entitled proportionately to use or otherwise dispose of, the output, capacity, or use of the project contracted for by the defaulting municipalities. The obligations of a municipality under such contracts or agreements shall either constitute special obligations of the municipality, payable solely from the revenues and other moneys derived by the municipality from its water facilities, sewerage facilities, or both, and shall be treated as expenses of operating such facilities or, in the discretion of such municipality and subject to satisfaction of any requirements of law governing or limiting the incurrence of debt by such municipality, shall constitute a general obligation of such municipality. Notwithstanding the provisions of section 6 (3) of article XI of the state constitution, where such contract or agreement is to constitute a general obligation of such municipality and where such contract or agreement provides that the municipality shall be required to accept and pay for the output, capacity, or use of the project contracted for by a defaulting municipality, such contract or agreement shall not be entered into unless the question of incurring a general obligation for such project has been submitted to and approved at an election conducted by such municipality in accordance with the election laws applicable to such municipality. Any such municipalities so contracting may also provide in any contract or agreement for a board, commission, or such other body as they deem proper for the supervision and general management of the water facilities or sewerage facilities or both and for the operation thereof and may prescribe its powers and duties, including the power to issue revenue bonds pursuant to this part 4, and fix the compensation of the members thereof. For the purposes of this paragraph (h), municipality means a municipality as defined in part 1 of article 1 of this title and any other political subdivision of this state, including any entity formed pursuant to intergovernmental contract or agreement, authorized by any law of this state to acquire, operate, and maintain the facilities which are the subject of such contract or agreement.
(i) To make all contracts, execute all instruments, and do all things
necessary or convenient in the exercise of the powers granted in this section, or in the performance of its covenants or duties, or in order to secure the payment of its bonds if no encumbrance, mortgage, or other pledge of property, excluding any pledged revenues, of the municipality is created thereby, and if no property, other than money, of the municipality is liable to be forfeited or taken in payment of said bonds, and if no debt on the credit of the municipality is thereby incurred in any manner for any purpose; and
(j) To issue water or sewer or joint water and sewer refunding revenue bonds
to refund, pay, or discharge all or any part of its outstanding water or sewer or joint water and sewer revenue bonds issued under this part 4 or under any other law, including any interest thereon in arrears or about to become due, or for the purpose of reducing interest costs, effecting a change in any particular year or years in the principal and interest payable thereon or in the related utility rates to be charged, effecting other economies, or modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds or to any municipal water facilities or sewerage facilities, or both, as provided in section 31-35-412.
Source: L. 75: Entire title R&RE, p. 1251, � 1, effective July 1. L. 83: (1)(j)
amended, p. 508, � 3, effective April 22. L. 86: (1)(h) amended, p. 1064, � 1, effective April 29.
Editor's note: This section is similar to former � 31-35-402 as it existed prior
to 1975.
C.R.S. § 31-35-403
31-35-403. Authorization of facilities and bonds. (1) The acquisition, construction, reconstruction, lease, improvement, betterment, or extension of any water facilities or sewerage facilities or both and the issuance, in anticipation of the collection of revenues of such facilities, of bonds to provide funds to pay the cost thereof may be authorized under this part 4 by action of the governing body of the municipality taken at a regular or special meeting by a vote of a majority of the members of the governing body.
(2) The governing body, in determining such cost, may include all costs and
estimated costs of the issuance of said bonds; all engineering, inspection, fiscal, and legal expenses; interest which it is estimated will accrue during the construction or other acquisition period and for a period of not exceeding one year thereafter on money borrowed or which it is estimated will be borrowed pursuant to this part 4; any discount on the sale of the bonds; costs of financial, professional, and other estimates and advice; contingencies; any administrative, operating, and other expenses of the municipality prior to and during such acquisition period and for a period of not exceeding one year thereafter, as may be determined by the governing body; all such other expenses as may be necessary or incident to the financing, acquisition, improvement, equipment, and completion of any water or sewerage facilities, joint water and sewer system, or part thereof, and the placing of the same in operation; such provision or reserves for working capital, operation, maintenance, or replacement expenses or for payment or security of principal of or interest on any bonds during or after such an acquisition or improvement and equipment as the governing body may determine; and also reimbursements to the federal government or any agency, instrumentality, or corporation thereof of any moneys theretofore expended for or in connection with any such water or sewerage facilities or both.
Source: L. 75: Entire title R&RE, p. 1253, � 1, effective July 1.
Editor's note: This section is similar to former � 31-35-403 as it existed prior
to 1975.
C.R.S. § 31-35-601
31-35-601. Owner to be notified. In addition to the powers already had by municipalities, they have the following powers: When the governing body of a municipality having a public sewerage system deems it necessary for the protection of public health that owners of one or more premises connect their premises with the public sewer, thirty days' notice in writing shall be given to said owners, by registered mail, notifying them to connect their premises with the sewer, the date of the notice to begin as of the date of registering the same for mailing. If the work of making the connection is not begun within thirty days, the mayor shall notify the municipal engineer to prepare plans and specifications for making the connection with the public sewer, including water and service pipe for flushing purposes, if the owner has given notice and proof to the governing body or mayor of his financial inability to make the connection himself and if it is only for the necessary connection of a water closet or a privy in an outhouse or both.
Source: L. 75: Entire title R&RE, p. 1264, � 1, effective July 1.
Editor's note: This section is similar to former � 31-35-501 as it existed prior
to 1975.
C.R.S. § 31-35-602
31-35-602. Resolution adopted. The plans or specifications shall be filed in the clerk's or engineer's office, and a resolution shall be adopted by the governing body ordering or prescribing in general terms the contemplated sewerage connections, giving location of the premises and the name of the owner, and authorizing the clerk to advertise for bids. The advertisement for bids shall be the same as is now provided for in other cases in which municipalities receive bids. The governing body shall let the contract to the lowest responsible bidder who furnishes satisfactory security, but it has the right to reject all bids.
Source: L. 75: Entire title R&RE, p. 1264, � 1, effective July 1.
Editor's note: This section is similar to former � 31-35-502 as it existed prior
to 1975.
C.R.S. § 31-35-603
31-35-603. Cost of connection ascertained. The entire costs of all sewerage and water connections, closets, equipment pipe, sewer pipe, labor, and necessary engineering, legal, and publication expenses shall be ascertained by the governing body, including an additional amount of six percent for costs of inspection, collections, and other incidentals. The cost to each owner shall be determined according to the material used and work done under the contract in connecting such property to the public sewer and water main. The engineering, legal, and publication expenses shall be charged in such proportion as each connection bears to the whole.
Source: L. 75: Entire title R&RE, p. 1265, � 1, effective July 1.
Editor's note: This section is similar to former � 31-35-503 as it existed prior
to 1975.
C.R.S. § 32-1-1001
32-1-1001. Common powers - definitions. (1) For and on behalf of the special district the board has the following powers:
(a) To have perpetual existence;
(b) To have and use a corporate seal;
(c) To sue and be sued and to be a party to suits, actions, and proceedings;
(d) (I) To enter into contracts and agreements affecting the affairs of the
special district except as otherwise provided in this part 10, including contracts with the United States and any of its agencies or instrumentalities. Except in cases in which a special district will receive aid from a governmental agency or purchase through the state purchasing program, a notice shall be published for bids on all construction contracts for work or material, or both, involving an expense of one hundred twenty thousand dollars or more of public money. The special district may reject any and all bids, and, if it appears that the special district can perform the work or secure material for less than the lowest bid, it may proceed to do so.
(I.5) On July 1, 2028, and every five years thereafter, the dollar amount set
forth in subsection (1)(d)(I) of this section is increased by the rate of inflation. The amount must be rounded to the nearest dollar. As used in this subsection (1)(d)(I.5) inflation means the percentage change in the United States department of labor bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable successor index.
(II) No contract for work or material including a contract for services,
regardless of the amount, shall be entered into between the special district and a member of the board or between the special district and the owner of twenty-five percent or more of the territory within the special district unless a notice has been published for bids and such member or owner submits the lowest responsible and responsive bid.
(e) To borrow money and incur indebtedness and evidence the same by
certificates, notes, or debentures, and to issue bonds, including revenue bonds, in accordance with the provisions of part 11 of this article, and to invest any moneys of the special district in accordance with part 6 of article 75 of title 24, C.R.S.;
(f) To acquire, dispose of, and encumber real and personal property
including, without limitation, rights and interests in property, leases, and easements necessary to the functions or the operation of the special district; except that the board shall not pay more than fair market value and reasonable settlement costs for any interest in real property and shall not pay for any interest in real property which must otherwise be dedicated for public use or the special district's use in accordance with any governmental ordinance, regulation, or law;
(g) To refund any bonded indebtedness as provided in part 13 of this article
or article 54 or 56 of title 11, C.R.S.;
(h) To have the management, control, and supervision of all the business and
affairs of the special district as defined in this article and all construction, installation, operation, and maintenance of special district improvements;
(i) To appoint, hire, and retain agents, employees, engineers, and attorneys;
(j) (I) To fix and from time to time to increase or decrease fees, rates, tolls,
penalties, or charges for services, programs, or facilities furnished by the special district; except that a fire protection district shall not on its own authority impose a fee, rate, toll, or charge for responding to, combating, or extinguishing a fire occurring on taxable real or personal property, buildings, or facilities located within the fire protection district's jurisdictional boundaries. This limitation does not prevent a fire protection district from charging or seeking reimbursement for responding to, combating, or extinguishing such a fire if the charge or claim for reimbursement is authorized by a federal law or regulation or a state law or rule. The board may pledge such revenue for the payment of any indebtedness of the special district. Until paid, all fees, rates, tolls, penalties, or charges constitute a perpetual lien on and against the property served, and, except as provided in subsection (1)(j)(I.5) of this section, any such lien may be foreclosed in the same manner as provided by the laws of this state for the foreclosure of mechanics' liens.
(I.5) The board of a metropolitan district furnishing covenant enforcement
and design review services pursuant to sections 32-1-1004 (8) and 32-1-1004.5 shall not foreclose any lien described in section 32-1-1004.5 (3)(b)(I).
(II) Notwithstanding any other provision to the contrary, the board may waive
or amortize all or part of the tap fees and connection fees or extend the time period for paying all or part of such fees for property within the district in order to facilitate the construction, ownership, and operation of affordable housing on such property, as such affordable housing is defined by resolution adopted by the board. However, the board shall have the authority to condition such waiver, amortization, or extension upon the recordation against the property of a deed restriction, lien, or other lawful instrument requiring the payment of such fees in the event that the property's use as affordable housing is discontinued or no longer meets the definition of affordable housing as established by the board.
(k) To furnish services and facilities without the boundaries of the special
district and to establish fees, rates, tolls, penalties, or charges for such services and facilities;
(l) To accept, on behalf of the special district, real or personal property for
the use of the special district and to accept gifts and conveyances made to the special district upon such terms or conditions as the board may approve;
(m) To adopt, amend, and enforce bylaws and rules and regulations not in
conflict with the constitution and laws of this state for carrying on the business, objects, and affairs of the board and of the special district;
(n) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers granted to special districts by this article. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article.
(o) To authorize the use of electronic records or signatures and adopt rules,
standards, policies, and procedures for use of electronic records or signatures pursuant to article 71.3 of title 24, C.R.S.
(2) (a) The governing body of any special district furnishing domestic water
or sanitary sewer services directly to residents and property owners within or outside the district may fix or increase fees, rates, tolls, penalties, or charges for domestic water or sanitary sewer services only after consideration of the action at a public meeting held at least thirty days after providing notice stating that the action is being considered and stating the date, time, and place of the meeting at which the action is being considered. Notice must be provided to the customers receiving the domestic water or sanitary sewer services of the district in one or more of the following ways:
(I) Mailing the notice separately to each customer of the service on the
billing rolls of the district;
(II) Including the notice as a prominent part of a newsletter, annual report,
billing insert, billing statement, letter, or other notice of action, or other informational mailing sent by the special district to the customers of the district;
(III) Posting the information on the official website of the special district if
there is a link to the district's website on the official website of the division; or
(IV) For any district that is a member of a statewide association of special
districts formed pursuant to section 29-1-401, C.R.S., by mailing or electronically transmitting the notice to the statewide association of special districts, which association shall post the notice on a publicly accessible section of the association's website.
(b) The power to fix or increase fees, rates, tolls, penalties, or charges for
domestic water or sanitary sewer services is a legislative power of the district board and is not changed by the provisions of this section.
(c) No action to fix or increase fees, rates, tolls, penalties, or charges for
domestic water or sanitary sewer services may be invalidated on the grounds that a person did not receive the notice required by this section if the district acted in good faith in providing the notice. Good faith is presumed if the district provided the notice in one or more of the ways listed in paragraph (a) of this subsection (2).
(3) The governing body of a special district may conduct or participate in
forest health projects, as defined in section 37-95-103 (4.9), within and outside the district boundaries that benefit district property or improvements. The governing body of any special district that provides fire protection services may also conduct or participate in such forest health projects within and outside the district boundaries that reduce the risk of wildfire within the district. To secure and protect an adequate supply of water, the governing body of any special district that provides water services may also conduct or participate in such forest health projects within and outside the district boundaries that reduce the risk of wildfire within the watersheds within which the district collects, transports, or stores its water supply.
(4) (a) Within thirty days of receiving a written request from any local
government within the boundaries of which the special district governed by the board operates or partly operates, the board shall provide the rate schedule for tap fees, system development fees, or other fees and charges that contemplate future water or sanitation system usage, and, upon request of the local government, shall provide any professional analyses and a detailed written justification of the costs and methodologies used to calculate those fees.
(b) As used in this subsection (4), local government means a home rule or
statutory county, city and county, or municipality.
Source: L. 81: Entire article R&RE, p. 1589, � 1, effective July 1. L. 89: (1)(e)
amended, p. 1117, � 34, effective July 1. L. 91: (1)(d) and (1)(f) amended, p. 789, � 18, effective June 4. L. 99: (1)(o) added, p. 1348, � 8, effective July 1; (1)(j) amended, p. 555, � 1, effective August 4. L. 2002: (1)(o) amended, p. 858, � 9, effective May 30. L. 2006: (1)(d)(I) amended, p. 345, � 1, effective August 7. L. 2013: (2) added, (HB 13-1186), ch. 102, p. 323, � 1, effective August 7. L. 2021: (3) added, (HB 21-1008), ch. 159, p. 906, � 6, effective May 20. L. 2023: (1)(d)(I) amended and (1)(d)(I.5) added, (HB 23-1023), ch. 22, p. 82, � 1, effective August 7. L. 2024: (1)(j)(I) amended, (SB 24-194), ch. 230, p. 1412, � 2, effective August 7; (1)(j)(I) and (1)(j)(I.5) added, (HB 24-1267), ch. 117, p. 377, � 1, effective August 7; (4) added, (HB 24-1463), ch. 428, p. 2920, � 1, effective August 7.
Editor's note: (1) The provisions of this section are similar to provisions of
several former sections as they existed prior to 1981. For a detailed comparison, see the comparative tables located in the back of the index.
(2) Amendments to subsection (1)(j)(I) by HB 24-1267 and SB 24-194 were
harmonized.
Cross references: For foreclosure of mechanics' liens, as provided in
subsection (1)(j), see article 22 of title 38; for composition or adjustment of indebtedness, see part 14 of this article.
C.R.S. § 32-1-1803
32-1-1803. Definitions. As used in this part 18, unless the context otherwise requires:
(1) Agency means any special district organized under this title or any
other political subdivision that such district may create pursuant to state law that is a budgetary unit exercising construction contracting authority or discretion.
(2) Contract means any agreement for designing, building, altering,
repairing, improving, demolishing, operating, maintaining, or financing a public project.
(3) Cost-reimbursement contract means a contract under which a
participating entity is reimbursed for costs that are allowable and allocable in accordance with the contract terms and provisions of this part 18.
(4) Integrated project delivery or IPD means a project delivery method in
which there is a contractual agreement between an agency and a single participating entity for the design, construction, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination of these services, for a public project.
(5) IPD contract means a contract using an integrated project delivery
method.
(6) Participating entity means a partnership, corporation, joint venture,
unincorporated association, or other legal entity that provides appropriately licensed planning, architectural, engineering, development, construction, operating, or maintenance services as needed in connection with an IPD contract.
(7) Public project means any lands, buildings, structures, works, machinery,
equipment, or facilities suitable for and intended for use as public property for public purposes or suitable for and intended for use in the promotion of the public health, public welfare, or public education, to the extent the boundaries of an agency and a school district are coterminous, or for the conservation of natural resources, including the planning of any such lands, buildings, improvements, structures, works, machinery, equipment, or facilities. Public project shall also include existing lands, buildings, improvements, structures, works, and facilities, as well as improvements, renovations, or additions to any such lands, buildings, improvements, structures, works, or facilities, and any operation or maintenance programs for the operation and upkeep of such projects.
(8) Public purposes includes, but is not limited to, the supplying of public
water services and facilities, public sewer services and facilities, and lands, buildings, structures, improvements, equipment, and any other services or facilities authorized under this article or for public education to the extent the boundaries of the agency and the school district are coterminous.
Source: L. 2007: Entire part added, p. 1819, � 4, effective August 3.
C.R.S. § 32-1-202
32-1-202. Filing of service plan required - report of filing - contents - fee. (1) (a) Persons proposing the organization of a special district, except for a special district that is contained entirely within the boundaries of a municipality and subject to the provisions of section 32-1-204.5, shall submit a service plan to the board of county commissioners of each county that has territory included within the boundaries of the proposed special district prior to filing a petition for the organization of the proposed special district in any district court. The service plan shall be filed with the county clerk and recorder for the board of county commissioners at least ten days prior to a regular meeting of the board of county commissioners, the division, and the state auditor. Within five days after the filing of any service plan, the county clerk and recorder, on behalf of the board of county commissioners, shall report to the division on forms furnished by the division the name and type of the proposed special district for which the service plan has been filed. If required by county policy adopted pursuant to the procedure provided in section 30-28-112, C.R.S., the service plan shall be referred to the planning commission which shall consider and make a recommendation on the service plan to the board of county commissioners within thirty days after the plan was filed with the county clerk and recorder. At the next regular meeting of the board of county commissioners that is held at least ten days after the final planning commission action on the service plan, the board of county commissioners shall set a date within thirty days of the meeting for a public hearing on the service plan of the proposed special district. The board of county commissioners shall provide written notice of the date, time, and location of the hearing to the division. The board of county commissioners may continue the hearing for a period not to exceed thirty days unless the proponents of the special district and the board agree to continue the hearing for a longer period.
(b) Notwithstanding the requirements of subsection (1)(a) of this section, the
service plan of a proposed health service district, health assurance district, or early childhood development service district shall not be referred to the county planning commission for consideration or recommendations. At the next regular meeting of the board of county commissioners that is held at least ten days after the filing of the service plan with the county clerk and recorder, the board of county commissioners shall set a date within thirty days of such filing for a public hearing on the service plan of the proposed district. The board of county commissioners shall provide written notice of the meeting pursuant to subsection (1)(a) of this section.
(2) The service plan shall contain the following:
(a) A description of the proposed services;
(b) A financial plan showing how the proposed services are to be financed,
including the proposed operating revenue derived from property taxes for the first budget year of the district, which shall not be materially exceeded except as authorized pursuant to section 32-1-207 or 29-1-302, C.R.S. All proposed indebtedness for the district shall be displayed together with a schedule indicating the year or years in which the debt is scheduled to be issued. The board of directors of the district shall notify the board of county commissioners or the governing body of the municipality of any alteration or revision of the proposed schedule of debt issuance set forth in the financial plan.
(c) A preliminary engineering or architectural survey showing how the
proposed services are to be provided;
(d) A map of the proposed special district boundaries and an estimate of the
population and valuation for assessment of the proposed special district;
(e) A general description of the facilities to be constructed and the
standards of such construction, including a statement of how the facility and service standards of the proposed special district are compatible with facility and service standards of any county within which all or any portion of the proposed special district is to be located, and of municipalities and special districts which are interested parties pursuant to section 32-1-204 (1);
(f) A general description of the estimated cost of acquiring land, engineering
services, legal services, administrative services, initial proposed indebtedness and estimated proposed maximum interest rates and discounts, and other major expenses related to the organization and initial operation of the district;
(g) A description of any arrangement or proposed agreement with any
political subdivision for the performance of any services between the proposed special district and such other political subdivision, and, if the form contract to be used is available, it shall be attached to the service plan;
(h) Information, along with other evidence presented at the hearing,
satisfactory to establish that each of the criteria set forth in section 32-1-203, if applicable, is met;
(i) Such additional information as the board of county commissioners may
require by resolution on which to base its findings pursuant to section 32-1-203;
(j) For a mental health-care service district, any additional information
required by section 32-17-107 (2) that is not otherwise required by paragraphs (a) to (i) of this subsection (2);
(k) For a health assurance district, any additional information required by
section 32-19-106 (2) that is not otherwise required by paragraphs (a) to (i) of this subsection (2);
(l) For an early childhood development service district, any additional
information required by section 32-21-105 (2) that is not otherwise required by subsections (2)(a) to (2)(i) of this section;
(m) For a metropolitan district that submits a service plan to one or more
boards of county commissioners pursuant to this section on or after January 1, 2024, the maximum mill levy that may be imposed for the payment of general obligation indebtedness, as determined by the board of county commissioners of each county that is approving the service plan;
(n) For a metropolitan district that submits a service plan to one or more
boards of county commissioners pursuant to this section on or after January 1, 2024, the maximum debt that may be issued by the district, as determined by the board of county commissioners of each county that is approving the service plan; and
(o) For a metropolitan district that submits a service plan to one or more
boards of county commissioners pursuant to this section on or after January 1, 2025, the maximum term for imposition of a debt service mill levy on any property developed for residential purposes after the initial year of imposition of such debt service mill levy, as determined by the board of county commissioners of each county that is approving the service plan.
(2.1) No service plan shall be approved if a petition objecting to the service
plan and signed by the owners of taxable real and personal property, which property equals more than fifty percent of the total valuation for assessment of all taxable real and personal property to be included in such district, is filed with the board of county commissioners no later than ten days prior to the hearing under section 32-1-204, unless such property has been excluded by the board of county commissioners under section 32-1-203 (3.5).
(3) Each service plan filed shall be accompanied by a processing fee set by
the board of county commissioners not to exceed five hundred dollars, which shall be deposited into the county general fund; except that the board of county commissioners may waive such fee. Such processing fee shall be utilized to reimburse the county for reasonable direct costs related to processing such service plan and the hearing prescribed by section 32-1-204, including the costs of notice, publication, and recording of testimony. If the board of county commissioners determines that special review of the service plan is required, the board may impose an additional fee to reimburse the county for reasonable direct costs related to such special review. If the board imposes such an additional fee, it shall not be less than five hundred dollars, and it shall not exceed one one-hundredth of one percent of the total amount of the debt to be issued by the district as indicated in the service plan or the amended service plan or ten thousand dollars, whichever is less. The board may waive all or any portion of the additional fee.
(4) In the case of a proposed health service district, submission to the board
of county commissioners by the petitioners of a license or certificate of compliance or evidence of a pending application for a license or certificate of compliance issued by the department of public health and environment shall constitute compliance with subsection (2) of this section.
Source: L. 81: Entire article R&RE, p. 1547, � 1, effective July 1. L. 82: (1)
amended, p. 491, � 1, effective February 19. L. 85: (1) amended, (2) R&RE, and (4) added, pp. 1098, 1099, �� 1-3, effective May 3; (2.1) added, p. 1104, � 1, effective July 1. L. 86: (2)(b) amended, p. 1030, � 13, effective January 1, 1987. L. 90: (3) amended, p. 1452, � 10, effective July 1. L. 91: (1), (2)(b), and (3) amended, p. 781, � 3, effective June 4. L. 94: (4) amended, p. 2802, � 566, effective July 1. L. 96: (4) amended, p. 473, � 8, effective July 1. L. 2005: (2)(j) added, p. 1035, � 2, effective June 2. L. 2007: (1) amended and (2) (k) added, pp. 1186, 1187, �� 2, 3, effective July 1. L. 2019: (1)(b) amended and (2)(l) added, (HB 19-1052), ch. 72, p. 257, � 2, effective August 2. L. 2023: (2)(m) and (2)(n) added, (SB 23-110), ch. 52, p. 184, � 1, effective August 7. L. 2025: (2)(n) amended and (2)(o) added, (HB 25-1219), ch. 290, p. 1490, � 2, effective August 6.
Editor's note: This section is similar to former � 32-1-204 as it existed prior to
1981.
C.R.S. § 32-11-104
32-11-104. Definitions. As used in this article 11, unless the context otherwise requires:
(1) Acquisition or acquire means the purchase, construction,
reconstruction, lease, gift, transfer, assignment, option to purchase, other contract, grant from the federal government, any public body, or any other person, endowment, bequest, devise, installation, condemnation, and any other acquirement (or any combination thereof) of the facilities, other property, any project, or an interest therein, authorized by this article.
(2) This article means the Urban Drainage and Flood Control Act.
(3) Assess, assessment, or special assessment means the levy of a
special assessment, or the special assessment, against any tract specially benefited in an improvement district by any project, which assessment shall be made on a front-foot, zone, area, or other equitable basis as determined by the board; but in no event shall any assessment exceed the estimated maximum special benefits to the tract assessed as determined by the board, as provided in section 32-11-634 (4).
(4) Assessable property means the tracts of land specially benefited in an
improvement district by any project the cost of which is wholly or partly defrayed by the urban district by the levy of assessments, except any tract owned by the federal government in the absence of its consent to the assessment of any tract so owned, and except any street, alley, highway, or other public right-of-way of a public body, as provided in section 32-11-660.
(5) Assessment lien means a lien on a tract in an improvement district
created by resolution of the urban district to secure the payment of an assessment levied against that tract, as provided in section 32-11-645.
(6) Assessment unit means a unit or quasi-improvement district designated
by the board for the purpose of petition, remonstrance, and assessment in the case of a combination of projects in an improvement district, pursuant to section 32-11-606.
(7) Board or board of directors, when not otherwise qualified, means the
board of directors of the urban district.
(8) Chairman or chairman of the board, or any phrase of similar import
means the de jure or de facto presiding officer of the board and the urban district, or his successor in functions, if any.
(9) Commercial bank means a state or national bank or trust company
which is a member of the federal deposit insurance corporation, including without limitation any trust bank as defined in this section.
(10) (a) Condemnation or condemn means the acquisition by the exercise
of the power of eminent domain of any property for the facilities, any project, or an interest therein, authorized in this article. The board may exercise on behalf of the district the power of eminent domain or dominant eminent domain within or without or both within and without the district in the manner provided in articles 1 to 7 of title 38, C.R.S., as from time to time amended, except as otherwise provided in this article. The district may take any property necessary to carry out any of the objects or purposes of this article, whether such property is already devoted to the same use by any person other than the federal government in the absence of its consent to any such taking, and may condemn any existing works or improvements of any such person in the district.
(b) The power of eminent domain vested in the board includes the power to
condemn, in the name of the district, either the fee simple or any lesser estate or interest in any real property which the board by resolution determines is necessary for carrying out the purposes of this article. Such resolution is prima facie evidence that the taking of the fee simple, easement, or other lesser estate or interest, as the case may be, is necessary.
(c) The district shall not abandon any condemnation proceedings subsequent
to the date upon which it has taken possession of the property being acquired.
(d) In the event the construction of any project authorized in this article, or
any part thereof, makes necessary the removal and relocation of any public utility, whether on private or public right-of-way, or otherwise, the district shall reimburse the owner of such public utility facility for the expense of such removal and relocation, including the cost of any necessary land or rights in land.
(11) (a) Corporate district means any school district, local college district,
conservancy district, drainage district, metropolitan district, water district, sanitation district, water and sanitation district, mosquito control district, street improvement district, television relay and translator district, public improvement district, general improvement district, fire protection district, metropolitan recreation district, metropolitan park district, metropolitan recreation and park district, metropolitan water district, health service district, metropolitan sewage disposal district, irrigation district, internal improvement district, water conservation district, water conservancy district, or any other type of district constituting a body corporate and politic and a political subdivision of the state.
(b) Corporate district does not include a district or urban district as
defined in this section nor an improvement district as defined in this section.
(12) Cost or cost of the project, or any phrase of similar import, means, in
addition to the usual connotations thereof, all or any part of the cost of the acquisition, improvement, and equipment (or any combination thereof) of all or any part of a project of the urban district and of all or any property, rights, easements, licenses, privileges, franchises, and other agreements deemed by the urban district to be necessary or useful and convenient therefor or in connection therewith, and all incidental expenses pertaining thereto, including without limitation at the option of the board and as it may from time to time determine:
(a) The cost of demolishing, removing, or relocating any buildings,
structures, or other facilities on land acquired;
(b) The cost of acquiring any lands to which such buildings, structures, or
other facilities may be moved or relocated;
(c) The cost of equipment for the district, including any project;
(d) The cost of installing or relocating or installing and relocating water
lines, storm sewers, sanitary sewers, and other utility lines and services;
(e) The costs of restoring any public street, highway, bridge, viaduct, or other
public right-of-way, stream of water, watercourse, ditch flume, pipeline, utility transmission line, or other public facilities to their former state of usefulness as nearly as may be;
(f) Condemnation costs, including all preliminary expenses and other
incidental expenses pertaining to any condemnation;
(g) The cost of preliminary plans, other plans, specifications, studies,
surveys, estimates of project cost and of taxes, revenues, and assessments (or any combination thereof), economic feasibility reports, and any other expenses necessary or incident to determining the feasibility or practicability of a project;
(h) The cost of other estimates, appraising, printing, advice, inspection, and
other services rendered by engineers, architects, financial consultants, attorneys-at-law, clerical help, and other employees and agents of the urban district, and other professional costs;
(i) Court costs and other legal expenses;
(j) The cost of making, publishing, posting, mailing, and otherwise giving any
notice, and of filing and recording instruments;
(k) The cost of acquiring any real property, including any easement or other
right or interest therein, and including the taking of any option;
(l) The cost of contingencies, operation and maintenance expenses, and
other expenses of the district prior to and during the acquisition, improvement, and equipment (or any combination thereof) of any project, and additionally during a period of not exceeding one year after the completion of the project, as may be estimated and determined by the board in any resolution authorizing the issuance of any district securities or other instrument pertaining thereto or in any contract with any public body, the federal government, or otherwise;
(m) Such provision or reserves or both provision and reserves for working
capital, operation and maintenance expenses, replacement expenses, or for payment or security of principal of and interest on any district securities during and after the acquisition, improvement, and equipment (or any combination thereof) of any project, as the board may determine;
(n) Reimbursements to the federal government, the state, or any other public
body or other person of any moneys theretofore expended for the purposes of the district, including such expenditures for or in connection with a project;
(o) The cost of funding any notes, warrants, or interim debentures as
provided in this article;
(p) The preparation of budgets, including without limitation the procedure
preliminary thereto;
(q) The levy, collection, and disposition of special assessments, including
without limitation the preparation of preliminary rolls and assessment rolls;
(r) The levy, collection, and disposition of taxes;
(s) The fixing, collection, and disposition of revenues;
(t) All such other expenses as may be necessary or incident to the financing,
acquisition, improvement, equipment, and completion of the facilities, any project, any part thereof, or the placing of the same in operation.
(13) (a) County means the county in the state of Colorado in which is
situated any tract assessed or other property to which the term county pertains, including without limitation the city and county of Denver and the city and county of Broomfield; and if such property at any time after June 14, 1969, is located in more than one county, county means each county in which the property is located.
(b) Whenever the term county is used in connection with an election held
by the urban district, or taxes levied by the district, or otherwise in connection therewith, the term county means each county in which the urban district is located, including without limitation the city and county of Denver.
(14) County assessor means the de jure or de facto county assessor of each
such county, or his successor in functions, if any.
(15) County clerk means the de jure or de facto county clerk of each such
county, or his successor in functions, if any.
(16) County treasurer means the de jure or de facto county treasurer of
each such county, or his successor in functions, if any.
(17) Director means a de jure or de facto member of the board.
(18) Disposal or dispose means the sale, destruction, razing, loan, lease,
grant, transfer, assignment, option to sell, other contract, or other disposition (or any combination thereof) of facilities, other property, or an interest therein, authorized in this article.
(19) (a) District or urban district means the urban drainage and flood
control district created by this article.
(b) District or urban district does not include the term corporate district
nor the term improvement district as defined in this section.
(20) District securities means bonds, temporary bonds, notes, warrants,
and interim debentures evidencing loans to or money due from the urban district and authorized to be issued pursuant to the provisions of this article.
(20.3) Election or special election means any election called by the
board:
(a) For the submission of ballot issues as required by and set forth in section
20 of article X of the state constitution, to be held at either the general election or on the first Tuesday in November of odd-numbered years; or
(b) For any other matter permitted or required in this article 11, which may be
held on any Tuesday.
(20.5) Elector or registered elector has the same meaning as specified in
section 1-1-104 (35).
(21) Engineer means any engineer in the permanent employ of the urban
district, or any licensed professional engineer, or firm of such engineers, as from time to time determined by the board:
(a) Who has a wide and favorable repute for skill and experience in the field
of designing and in preparing plans and specifications for and supervising the construction of facilities like those which the district is authorized to acquire;
(b) Who is entitled to practice and is practicing under the laws of the state;
and
(c) Who is selected, retained, and compensated by the board, in the name
and on behalf of the district.
(22) Equipment or equip means the furnishing of all necessary or
desirable, related, or appurtenant machinery, furnishings, apparatus, paraphernalia, and other gear, or any combination thereof, pertaining to any project or other property of the urban district, or any interest therein, authorized in this article, or otherwise relating to the district's facilities.
(23) (a) Executive officer means the de jure or de facto mayor, chairman of
the board, president of the corporate district, or other titular head or chief official of a public body as defined in this section, or his successor in functions, if any.
(b) Executive officer does not include a city manager, county manager, or
other chief administrator of a public body who is not its titular head.
(24) (a) Facilities means the drainage and flood control system of the urban
district, consisting of all properties, real, personal, mixed, or otherwise, owned or acquired by the district through purchase, construction, or otherwise, and used in connection with such system of the district, and in any way pertaining thereto, whether situated within or without its limits, or both within and without its limits.
(b) The facilities of the district may, as the board from time to time
determines, consist of any natural and artificial watercourses for the collection, channeling, impounding, and disposition of rainfall, other surface and subsurface drainage, and storm and flood waters, including without limitation ditches, ponds, dams, spillways, retarding basins, detention basins, lakes, reservoirs, canals, channels, levees, revetments, dikes, walls, embankments, bridges, inlets, outlets, connections, laterals, other collection lines, intercepting sewers, outfalls, outfall sewers, trunk sewers, force mains, submains, waterlines, sluices, flumes, syphons, sewer lines, pipes, other transmission lines, culverts, pumping stations, gauging stations, stream gauges, rain gauges, engines, valves, pumps, meters, junction boxes, manholes, other inlet and outlet structures, passenger cars, pickups, trucks, and other vehicles, bucket machines, inlet and outlet cleaners, backhoes, draglines, graders, other equipment, apparatus, fixtures, structures, and buildings, flood warning services, and appurtenant telephone, telegraph, radio, and television apparatus, and other water diversion, drainage, and flood control facilities, and all appurtenances and incidentals necessary, useful, or desirable for any such facilities (or any combination thereof), including real and other property therefor.
(25) Federal government means the United States, or any department,
agency, instrumentality, or corporation thereof.
(26) Repealed.
(27) Fiscal year for the purpose of this article means the twelve months
commencing on the first day of January of any calendar year and ending on the last day of December of the same calendar year.
(28) Governing body means the city council, city commission, board of
commissioners, board of trustees, board of directors, or other legislative body of a public body designated in this article in which body the legislative powers of the public body are vested.
(29) Governor means the de jure or de facto governor of the state of
Colorado, or his successor in functions, if any.
(30) (a) Gross revenues or gross pledged revenues means all the
revenues derived directly or indirectly from service charges by the urban district from the operation and use of and otherwise pertaining to the facilities, or any part thereof, whether resulting from repairs, extensions, enlargements, betterments, or other improvements to the facilities, or otherwise, and includes all revenues received by the district from the facilities, including, without limiting the generality of the foregoing, all fees, rates, and other charges for the use of the facilities, or for any service rendered by the district in the operation thereof, or otherwise pertaining thereto, as received by the urban district and pledged wholly or in part for the payment of any district securities issued under this article.
(b) Gross revenues or gross pledged revenues does not include:
(I) The proceeds derived from any assessments or taxes;
(II) Any moneys borrowed and used for the acquisition of capital
improvements for or other acquisition of the facilities; and
(III) Any moneys received as grants, appropriations, or other gifts from the
federal government, the state, or other sources, the use of which is limited by the grantor or donor to the construction of capital improvements for or other acquisition of the facilities, except to the extent any such moneys are received as service charges for the use of or otherwise pertaining to the facilities.
(31) (a) Hereby, herein, hereinabove, hereinafter, hereof,
hereunder, herewith, or any term of similar import, refers to this article and not solely to the particular portion thereof in which such word is used.
(b) Heretofore means before the adoption of this article.
(c) Hereafter means after the adoption of this article.
(32) Holder or any similar term, when used in conjunction with any
coupons, any bonds, or any other designated district securities, means the person in possession and the apparent owner of the designated item if such obligation is registered to bearer or is not registered, or the term means the registered owner of any such security which is registrable for payment if it is at the time registered for payment otherwise than to bearer.
(33) Improvement or improve means the extension, enlargement,
betterment, alteration, reconstruction, replacement, and other major improvement (or any combination thereof) of the facilities, any property pertaining thereto, any project, or an interest therein, authorized in this article.
(34) (a) Improvement district means the geographical area within the urban
district designated and delineated by the board, in which improvement district are located the facilities or project, or an interest therein, the cost of which is to be defrayed wholly or in part by the levy of special assessments, and in which improvement district is located each tract to be assessed therefor. An improvement district may consist of noncontiguous areas. Improvement districts shall be designated by consecutive numbers or in some other manner to identify separately each such district in the urban district.
(b) Improvement district does not mean the urban district as defined in
this section.
(35) (a) Mailed notice, notice by mail, or any phrase of similar import
means the giving by the engineer, district secretary, district treasurer, county treasurer, any deputy thereof, or other designated person, as determined by the board or as otherwise provided in this article, of any designated written or printed notice addressed to the last-known owner of each tract assessed or to be assessed or other designated person at his last-known address, by deposit at least twenty days prior to the designated hearing or other time or event, in the United States mails, postage prepaid, as first-class mail. The failure to mail any such notice shall not invalidate any proceedings under this article.
(b) The names and addresses of such property owners shall be obtained from
the records of the county assessor or from such other source or sources as the engineer, district secretary, district treasurer, county treasurer, any deputy thereof, or other person so giving notice deems reliable. Any list of such names and addresses pertaining to any improvement district may be revised from time to time, but such a list need not be revised more frequently than at twelve-month intervals.
(c) Any mailing of any notice required in this article shall be verified by the
affidavit or certificate of the engineer, district secretary, district treasurer, county treasurer, the deputy thereof, or other person mailing the notice, which verification shall be retained in the records of the urban district at least until all assessments and securities pertaining thereto have been paid in full or any claim is barred by a statute of limitations.
(36) (a) Municipality means an incorporated town, city and county, or city,
whether incorporated and governed under general act or special charter.
(b) Municipal pertains to a municipality.
(37) Net revenues or net pledged revenues means the gross pledged
revenues remaining after the deduction of the operation and maintenance expenses as defined in this section.
(38) Newspaper means a newspaper printed in the English language at
least once each calendar week.
(39) (a) Operation and maintenance expenses, or any phrase of similar
import, means all reasonable and necessary current expenses of the district, paid or accrued, of operating, maintaining, and repairing the facilities, including without limitation, at the district's option (except as by contract or otherwise limited by law):
(I) Engineering, auditing, reporting, legal, and other overhead expense of the
district directly related to the administration, operation, and maintenance of the facilities;
(II) Property and liability insurance and fidelity bond premiums;
(III) Payments to pension, retirement, health, and hospitalization funds, and
other insurance;
(IV) The reasonable charges of any paying agent, any copaying agent, and
any other depositary bank pertaining to any project, any bonds or other district securities pertaining thereto, or otherwise relating to the facilities;
(V) Any taxes, assessments, excise taxes, or other charges which may be
lawfully imposed on the district or its income or operations of the facilities under its control, or any privilege relating to the facilities or their operation;
(VI) The costs incurred by the district in the collection of any taxes,
assessments, and pledged revenues, and in making refunds of any taxes, assessments, or pledged revenues lawfully due to others;
(VII) Expenses in connection with the issuance of district securities
evidencing any loan to or other obligation of the district;
(VIII) The expenses and compensation of any trustee, receiver, or other
fiduciary under this article or otherwise;
(IX) Contractual services and professional services, salaries, labor, and the
cost of materials and supplies used for current operation, ordinary and current rentals of equipment, or other property; and
(X) All other administrative, general, and commercial expenses pertaining to
the facilities.
(b) Operation and maintenance expenses does not include any allowance
for depreciation or any amounts for capital replacements, renewals, major repairs, and maintenance items (or any combination thereof) of a type not recurring annually or at shorter intervals; nor does it include: The costs of extensions, enlargements, betterments, and other improvements (or any combination thereof), or any reserves therefor; any reserves for operation, maintenance, or repair of the facilities; any allowance for the redemption of any bond or other district security evidencing a loan or other obligation of the district, or the payment of any interest thereon, or any reserve therefor; any liabilities incurred in the acquisition or improvement of any properties comprising any project (or any combination thereof) or otherwise pertaining to the facilities, or otherwise; any other grounds of legal liability not based on contract.
(40) Ordinance means the formal instrument by the adoption of which a
governing body of any public body as defined in this section takes formal legislative action, whether such instrument is in the form of an ordinance, resolution, or other type of document.
(41) (a) Person means a corporation, firm, other body corporate (including
the federal government or any public body), partnership, association, or individual, and also includes an executor, administrator, trustee, receiver, or other representative appointed according to law.
(b) Person does not include the urban district as defined in this section.
(42) Pledged revenues or revenues means all or a portion of the gross
pledged revenues. The designated term indicates a source of revenues and does not necessarily indicate all or any portion or other part of such revenues in the absence of further qualification.
(43) Project means such part of the facilities of the district as the board
determines to acquire and authorize at one time.
(44) Property means personal property and real property, both improved
and unimproved.
(45) (a) Publication or publish means printing one time in one newspaper
of general circulation in the district.
(b) (Deleted by amendment, L. 2018.)
(46) (a) Public body means the state of Colorado or any agency,
instrumentality, or corporation thereof, or any county, municipality, corporate district, housing authority, county revitalization authority, urban renewal authority, other type of authority, the regents of the university of Colorado, the state board for community colleges and occupational education, or any other body corporate and politic and political subdivision of the state.
(b) Public body does not include the federal government nor the urban
district as defined in this section.
(47) Real property means:
(a) Land, including land under water;
(b) Buildings, structures, fixtures, and improvements on land;
(c) Any property appurtenant to or used in connection with land; and
(d) Every estate, interest, privilege, leasehold, easement, license, franchise,
right-of-way, and other right in land, legal or equitable, including, without limiting the generality of the foregoing, rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage, or otherwise, and the indebtedness secured by such liens.
(48) Revenues means the pledged revenues as defined in this section.
(49) Secretary means the de jure or de facto secretary of the board and
the urban district, or his successor in functions, if any.
(50) Service charges means the fees, rates, and other charges for the use
of the facilities of the district, or for any service rendered by the district in the operation thereof, or otherwise pertaining thereto, as more specifically provided in section 32-11-306 and elsewhere in this article.
(51) Special assessments means assessment as defined in this section.
(52) State means the state of Colorado; and, where the context so
indicates, state means the geographical area comprising the state of Colorado.
(53) Taxes, taxation, or tax means general (ad valorem) taxes.
(54) (a) Taxpaying elector means a registered elector who owns taxable
real or personal property within the district; except that, to qualify under this article 11 as a taxpaying elector, a person must also be a resident of the district.
(b) A person who is obligated to pay taxes under a contract to purchase
property in the district shall be considered as such an owner.
(c) The ownership of any property subject to the payment of a specific
ownership tax on a motor vehicle or trailer or of any other excise or property tax other than general (ad valorem) taxes shall not constitute the ownership of property subject to taxation as provided in this article.
(55) (a) Tract means any lot or other parcel of land for assessment
purposes, whether platted or unplatted, regardless of lot or land lines.
(b) Lots, plots, blocks, and other subdivisions may be designated in
accordance with any recorded plat thereof; and all lands, platted and unplatted, shall be designated by a definite description, as provided in section 32-11-659.
(56) Treasurer means the de jure or de facto treasurer of the board and the
urban district, or his successor in functions, if any.
(57) Trust bank means a commercial bank as defined in this section,
which bank is authorized to exercise and is exercising trust powers, and also means any branch of the federal reserve bank.
(58) Urban district means district as defined in this section.
(59) United States means the United States of America.
Source: L. 69: p. 733, � 3. C.R.S. 1963: � 89-21-3. L. 70: p. 298, � 115. L. 77:
(10)(a) amended, p. 287, � 61, effective June 29. L. 81: (54)(a) amended, p. 1626, � 35, effective July 1. L. 89: (26) repealed, p. 1135, � 85, effective July 1. L. 94: (54)(a) amended, p. 1643, � 71, effective May 31. L. 96: (11)(a) amended, p. 476, � 18, effective July 1. L. 2001: (13)(a) amended, p. 266, � 5, effective November 15. L. 2004: IP(21) amended, p. 1314, � 64, effective May 28. L. 2018: IP, (45), and (54)(a) amended and (20.3) and (20.5) added, (SB 18-025), ch. 22, p. 274, � 1, effective March 7. L. 2024: (46)(a) amended, (HB 24-1172), ch. 387, p. 2681, � 13, effective August 7.
C.R.S. § 32-11-204
32-11-204. Regular appointments. (1) The mayor of the city and county of Denver or the deputy mayor shall be ex officio a director.
(2) Except as otherwise provided in this article, the other directors shall be
chosen as provided in this section.
(3) (a) Two directors shall be appointed to the board by the city council of the
city and county of Denver after the second Tuesday in January in each odd-numbered year and by the twentieth day of January in such year. One director shall be appointed to the board by such city council during such part of January in each even-numbered year.
(b) Each director appointed pursuant to this subsection (3) shall be a
member of such city council and shall remain as such during his term of office as director.
(4) (a) A director shall be appointed to the board by the board of county
commissioners of each of the counties of Adams and Boulder and by the city council of the city and county of Broomfield after the second Tuesday in January in each odd-numbered year and by the twentieth day of January in such year; except that, in 2001, the city council of the city and county of Broomfield shall appoint a director after November 15, 2001. A director shall be appointed to the board by the board of county commissioners of each of the counties of Arapahoe, Douglas, and Jefferson during such part of January in each even-numbered year.
(b) Each director appointed pursuant to this subsection (4) shall be a
member of the board of county commissioners appointing him to be a director and shall remain as such during his term of office as director.
(5) (a) A director shall be appointed to the board by the governor from each
of the counties of Arapahoe, Douglas, and Jefferson after the second Tuesday in January in each odd-numbered year and by the twentieth day of January in such year. A director shall be appointed to the board by the governor from each of the counties of Adams and Boulder during such part of January in each even-numbered year.
(b) Each director appointed pursuant to this subsection (5) shall be an
executive officer of a municipality with a population of one hundred thousand or less, as determined by the latest Denver regional council of governments' estimate, which is located wholly or in part in the county from which he is appointed, shall be a resident of such county, and shall remain as such an executive officer and such a county resident during his term of office as director.
(5.5) The mayor or the mayor pro tem of any city located within the district
and having a population in excess of one hundred thousand, as determined by the latest Denver regional council of governments' estimate, shall be ex officio a director.
(6) (a) On or after the twenty-first day of January of each year but on or
before the last day of January in such year, a director shall be appointed to the board by such board, including as members thereof for the purposes of this subsection (6) each director newly appointed in such month to the board as provided in subsections (3) to (5) of this section, and including each incumbent director whose regular term of office does not end on the last day of such month, but excluding each incumbent director whose regular term of office ends on the last day of such month.
(b) Each director appointed pursuant to this subsection (6) shall be a
professional engineer licensed by the state, an elector of the district, and not an officer in the regular employment of any public body. Each such director shall remain so qualified during his or her term of office as director.
(c) No director appointed pursuant to this subsection (6) shall be deemed to
be in the regular employment of such a public body designated in paragraph (b) of this subsection (6) merely because the director or an engineering firm of which he is a member or with which he is otherwise associated is engaged as an independent contractor by the public body.
(d) For the purposes of this subsection (6), a quorum of the board shall
constitute a majority of the body composed of the mayor of the city and county of Denver or the deputy mayor and such other directors authorized to appoint such remaining director as provided in paragraph (a) of this subsection (6). Each such appointment shall be by motion adopted by a majority of such directors, including the mayor or the deputy mayor, constituting a quorum.
(e) The secretary of the board shall give at least five days' mailed notice of a
special or regular meeting designated by the board for considering each such appointment. Such notice shall be addressed to each such director authorized to make such a remaining appointment at the mailing address designated by him in the records of the district.
(7) Each appointing authority designated in subsections (3) to (6) of this
section shall cause each newly appointed director, each other appointing authority, the mayor of the city and county of Denver or the deputy mayor, and the secretary of the board to be notified forthwith of each such appointment.
(8) If any appointing authority designated in subsections (3) to (6) of this
section fails to appoint any director to the board as therein provided and to cause notification of such appointment to be given pursuant to subsection (7) of this section, at the time, subject to the limitations, and otherwise as provided in said subsections (3) to (6), the governor forthwith shall make such appointment and shall cause notice thereof to be given as provided in said subsections (3) to (6) for the appointing authority.
(9) Except as otherwise provided in this article, any incumbent may be
reappointed as a director to the board.
Source: L. 69: p. 745, � 8. C.R.S. 1963: � 89-21-8. L. 70: p. 298, � 116. L. 81: (1),
(6)(d), and (7) amended, p. 1648, � 1, effective May 26. L. 89: (5)(b) amended and (5.5) added, p. 1325, � 3, effective April 12. L. 2001: (4)(a) amended, p. 267, � 8, effective November 15. L. 2004: (6)(b) amended, p. 1314, � 65, effective May 28. L. 2022: (5)(a) amended, (SB 22-015), ch. 18, p. 132, � 1, effective August 10.
C.R.S. § 32-11-205
32-11-205. Filling vacancies. Upon a vacancy occurring in the board by reason of a director's death, resignation, termination of office as a city council member, county commissioner, or executive officer, or failure to remain a professional engineer licensed by the state who is an elector of the district, and is not an officer or in the regular employment of any public body, as the case may be, in contravention of any provision in section 32-11-204 (3) to (6), or for any other reason, the vacancy for the unexpired term of office of such director, upon the creation of such vacancy, shall be filled by the authority appointing him or her by the appointment forthwith of a successor director to serve for such unexpired term in the manner provided for such appointing authority in section 32-11-204 for regular appointments, except as otherwise provided in this section.
Source: L. 69: p. 748, � 10. C.R.S. 1963: � 89-21-10. L. 70: p. 298, � 117. L.
2004: Entire section amended, p. 1314, � 66, effective May 28.
C.R.S. § 32-11-212
32-11-212. Compensation of directors. (1) (a) (I) For directors serving a term of office commencing prior to January 1, 2019, each director shall receive as compensation for the director's services a sum, not in excess of one thousand two hundred dollars per annum, which shall be set by the board on a regular or special meeting basis and which shall not exceed seventy-five dollars per meeting. A director shall not be compensated for any meeting that the director fails to attend.
(II) For directors serving a term of office commencing on or after January 1,
2019, each director shall receive as compensation for the director's services a sum, not in excess of the sums set forth in section 32-1-902 (3)(a)(II). A director shall not be compensated for any meeting that the director fails to attend.
(b) For the purposes of this subsection (1), attendance by an alternate, when
authorized in this article, shall be considered as attendance by the director.
(c) If an alternate attends a meeting on behalf of a director, the alternate
shall receive compensation not less than that established for directors.
(2) No director shall receive any compensation as an officer, engineer,
attorney, employee, or other agent of the district.
(3) The board may authorize the reimbursement of any director for expenses
incurred and pertaining to the activities of the district.
Source: L. 69: p. 750, � 17. C.R.S. 1963: � 89-21-17. L. 81: (1) amended, p.
1649, � 1, effective July 1. L. 96: (1) amended, p. 549, � 3, effective April 24. L. 2019: (1)(a) amended, (HB 19-1213), ch. 135, p. 611, � 1, effective August 2.
C.R.S. § 32-11-217
32-11-217. Financial powers of district. (1) The district also has the following powers:
(a) To borrow money and to issue district securities evidencing any loan to or
amount due by the district, to provide for and secure the payment of any district securities and the rights of the holders thereof, and to purchase, hold, and dispose of district securities, as provided in this article;
(b) To fund or refund any loan or obligation of the district, and to issue
funding or refunding securities to evidence such loan or obligation without any election, except as provided in this article;
(c) (I) To levy and cause to be collected taxes on and against all taxable
property within the district; except that any levy, except as provided in subparagraph (II) of this paragraph (c), in excess of one mill shall require the favorable vote of a majority of the electors of the district voting on the question, subject to the limitations provided in paragraph (d) of this subsection (1), by certifying, in accordance with the schedule prescribed by section 39-5-128, C.R.S., in each year in which the board determines to levy taxes, to the body having authority to levy taxes within each county wherein the district has any territory, the rate so fixed, with directions that, at the time and in the manner required by law for levying taxes for other purposes, such body having authority to levy taxes shall levy such taxes upon the valuation for assessment of all taxable property within the district, in addition to such other taxes as may be levied by such body, as provided in this section. Not more than one-tenth of a mill shall be used for engineering and operations of the district, not more than four-tenths of a mill shall be used for capital construction, and not more than four-tenths of a mill shall be used for maintenance and preservation of floodways and floodplains.
(I.5) In addition to the financial powers and limitations set forth in
subparagraph (I) of this paragraph (c) and notwithstanding the limitations set forth in paragraph (d) of this subsection (1), the district shall have the power to levy and cause to be collected an additional tax not to exceed one-tenth of a mill upon the valuation for assessment of all taxable property within those portions of Adams, Arapahoe, Denver, Douglas, and Jefferson counties lying within the district. The additional tax shall be collected in the manner set forth in subparagraph (I) of this paragraph (c). The funds derived from such levy shall be used for the maintenance of and any improvements on that portion of the South Platte river which lies within the district.
(II) No levy authorized by this article for the payment of the principal of, any
prior redemption premiums due in connection with, or the interest on any bonds or other securities issued under this article, whether general obligations or special obligations, shall be subject to the election requirements of subparagraph (I) of this paragraph (c), but all such levies shall be subject to the limitations provided in paragraph (d) of this subsection (1).
(d) To levy taxes for any fiscal year without limitation as to rate or amount
for the payment of any debt of the district authorized at an election as provided in this article, except as otherwise provided by sections 32-11-564 and 32-11-566, in accordance with section 32-11-533, and evidenced by the district's interim debentures, bonds, or other contract constituting a general obligation of the district, for a term exceeding one year, and between the district and the federal government or any public body (or any combination thereof), as provided in this section, but otherwise to levy taxes for any fiscal year subject to the following limitations:
Purpose of levy Mill limitation
To defray operation and maintenance expenses: one-half mill
To defray costs of capital improvements: one mill
To accumulate funds as additional security
for payment of assessment bonds: one mill
Maximum annual nondebt levy: two and one-half mills;
(e) To fix, from time to time increase or decrease, collect, and cause to be
collected rates, fees, and other service charges pertaining to the facilities of the district, including without limitation minimum charges and charges for availability of the facilities or services relating thereto; to pledge such revenues for the payment of district securities; and to enforce the collection of such revenues by civil action or by any other means provided by law;
(f) To levy, collect, and cause to be collected assessments fixed against
specially benefited real property in any improvement district within the urban district as provided in this article;
(g) To deposit any moneys of the district in any depository authorized in
section 24-75-603, C.R.S.;
(h) To invest and reinvest any surplus money in the district's treasury,
including such moneys in a sinking or reserve fund established for the purpose of retiring any district securities, not required for the immediate necessities of the district in securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S., by direct purchase of any issue of such securities, or part thereof, at the original sale of the same, or by the subsequent purchase of such securities, except as otherwise provided in section 32-11-520 or elsewhere in this article;
(i) To redeem at maturity and to sell from time to time such securities thus
purchased and held, so that the proceeds may be applied to the purposes for which the money with which such securities were originally purchased was placed in the treasury of the district;
(j) To reinvest the proceeds of any such sale in securities as provided in
paragraph (h) of this subsection (1) and otherwise in this article.
Source: L. 69: p. 751, � 22. C.R.S. 1963: � 89-21-22. L. 70: p. 298, � 118. L. 71:
p. 964, � 13. L. 73: p. 996, � 1. L. 79: (1)(c) amended, p. 1210, � 3, effective July 1; (1)(g) amended, p. 1626, � 45, effective June 8. L. 83: (1)(c) amended, p. 1285, � 1, effective May 20. L. 84: (1)(c) amended, p. 846, � 1, effective July 1. L. 86: (1)(c)(I) amended and (1)(c)(I.5) added, p. 1071, � 1, effective April 17. L. 87: (1)(c)(I) amended, p. 1407, � 5, effective April 22. L. 89: (1)(h) and (1)(j) amended, p. 1121, � 44, effective July 1.
C.R.S. § 32-11-218
32-11-218. Miscellaneous powers. (1) The district also has the following powers:
(a) To hire and retain officers, agents, employees, engineers, attorneys, and
any other persons, permanent or temporary, necessary or desirable to effect the purposes of this article, to defray any expenses incurred thereby in connection with the district, and to acquire office space, equipment, services, supplies, fire and extended coverage insurance, use and occupancy insurance, workers' compensation insurance, property damage insurance, public liability insurance for the district and its officers, agents, and employees, and other types of insurance, as the board may determine; but, no provision in this article authorizing the acquisition of insurance shall be construed as waiving any immunity of the district or any director, officer, or agent thereof otherwise existing under the laws of the state;
(b) To pay or otherwise to defray the cost of a project;
(c) To pay or otherwise to defray and to contract so to pay or defray, for any
term not exceeding fifty years, without an election, except as otherwise provided in this article, the principal of, any interest on, and any other charges pertaining to any securities or other obligations of the federal government, any public body, or other person incurred in connection with any property thereof subsequently acquired by the district and relating to its facilities;
(d) To establish, operate, and maintain facilities within the district across or
along any public street, highway, bridge, viaduct, or other public right-of-way, or in, upon, under, or over any vacant public lands, which public lands are or may become the property of a public body, without first obtaining a franchise from the public body having jurisdiction over the same; but the district shall cooperate with any public body having such jurisdiction, shall promptly restore any such street, highway, bridge, viaduct, or other public right-of-way to its former state of usefulness as nearly as may be, and shall not use the same in such manner as permanently to impair completely or unnecessarily the usefulness thereof;
(e) To adopt, amend, repeal, enforce, and otherwise administer such
reasonable resolutions, rules, regulations, and orders as the district deems necessary or convenient for the operation, maintenance, management, government, and use of the district's facilities and any other drainage and flood control facilities under its control, whether situated within or without or both within and without the territorial limits of the district;
(f) (I) To adopt, amend, repeal, enforce, and otherwise administer under the
police power such reasonable flood-plain zoning resolutions, rules, regulations, and orders pertaining to properties within the district of any public body or other person (other than the federal government) reasonably affecting the collection, channeling, impounding, or disposition of rainfall, other surface and subsurface drainage, and storm and flood waters (or any combination thereof), including without limitation variances in the event of any practical difficulties or unnecessary hardship and exceptions in the event of appropriate factors, as the board may from time to time deem necessary or convenient. In the event of any conflict between any flood-plain zoning regulation adopted under this section and any flood-plain zoning regulation adopted by any other public body, the more restrictive regulation shall control.
(II) No such resolution, rule, regulation, or order shall be adopted or amended
except by action of the board on the behalf and in the name of the district after a public hearing thereon is held by the board, in connection with which any public body owning drainage and flood control facilities in the area involved or otherwise exercising powers affecting drainage and flood control therein and other persons of interest have an opportunity to be heard, after mailed notice of the hearing is given by the secretary to each such public body and after notice of such hearing is given by publication by the secretary to persons of interest, both known and unknown.
Source: L. 69: p. 753, � 23. C.R.S. 1963: � 89-21-23. L. 90: (1)(a) amended, p.
573, � 67, effective July 1.
C.R.S. § 32-11-219
32-11-219. Cooperative powers. (1) Subject to the provisions of sections 32-11-533 and 32-11-534, the district also has the following powers:
(a) To accept contributions or loans from the federal government for the
purpose of financing the planning, acquisition, improvement, equipment, maintenance, and operation of any enterprise in which the district is authorized to engage, and to enter into contracts and cooperate with, and accept cooperation from, the federal government in the planning, acquisition, improvement, equipment, maintenance, and operation, and in financing the planning, acquisition, improvement, equipment, maintenance, and operation of any such enterprise in accordance with any legislation which congress may adopt, under which aid, assistance, and cooperation may be furnished by the federal government in the planning, acquisition, improvement, equipment, maintenance, and operation, or in financing the planning, acquisition, improvement, equipment, maintenance, and operation of any such enterprise, including without limitation costs of engineering, architectural, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action preliminary to the acquisition, improvement, or equipment of any project, and to do all things necessary in order to avail itself of such aid, assistance, and cooperation under any federal legislation;
(b) To enter without any election into joint operating or service contracts and
agreements; acquisition, improvement, equipment, or disposal contracts; or other arrangements for any term not exceeding fifty years with the federal government and any public body (or any combination thereof), concerning the facilities and any project or property pertaining thereto, whether acquired by the district, by the federal government, or by any public body; and to accept grants and contributions from the federal government, any public body, or any other person in connection therewith;
(c) To enter into and perform without any election, when determined by the
board to be in the public interest, contracts and agreements, for any term not exceeding fifty years, with the federal government, any public body, or any other person for the provision and operation by the district of any drainage and flood control facilities pertaining to such facilities of the district or any project relating thereto and the payment periodically thereby to the district of amounts at least sufficient, if any, in the determination of the board, to compensate the district for the cost of providing, operating, and maintaining such facilities serving the federal government, such public body, or such other person, or otherwise;
(d) To enter into and perform without any election contracts and agreements
with the federal government, any public body, or any other person for or concerning the planning, construction, lease or other acquisition, improvement, equipment, operation, maintenance, disposal, and the financing of any property pertaining to the facilities of the district or to any project of the district, including but not necessarily limited to any contract or agreement for any term not exceeding fifty years;
(e) To cooperate with and act in conjunction with the federal government or
any of its engineers, officers, boards, commissions, or departments, or with the state or any of its engineers, officers, boards, commissions, or departments, or with any other public body or any other person in the acquisition, improvement, or equipment of any facilities or any project authorized for the district or for any other works, acts, or purposes provided for in this article, and to adopt and carry out any definite plan or system of work for any such purpose;
(f) To cooperate with the federal government or any public body by an
agreement therewith by which the district may:
(I) Acquire and provide, without cost to the cooperating entity, the land,
easements, and rights-of-way necessary for the acquisition, improvement, or equipment of any project;
(II) Hold the cooperating entity free from and save it harmless from any claim
for damages arising from the acquisition, improvement, equipment, maintenance, and operation of any facilities;
(III) Maintain and operate any facilities in accordance with regulations
prescribed by the cooperating entity;
(IV) Establish and enforce regulations, if any, concerning the facilities and
satisfactory to the cooperating entity;
(g) To provide by any contract for any term not exceeding fifty years, or
otherwise, without an election:
(I) For the joint use of personnel, equipment, and facilities of the district and
any public body, including without limitation public buildings constructed by or under the supervision of the board or the governing body of the public body concerned, upon such terms and agreements and within such areas within the district as may be determined, for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of the district and any such public body and any other persons of interest;
(II) For the joint employment of clerks, stenographers, and other employees
pertaining to the facilities or any project established in the district, upon such terms and conditions as may be determined for the equitable apportionment of the expenses resulting therefrom.
(2) The board shall provide for comprehensive planning and, where possible,
coordinate operations with all regional special purpose districts, regional multipurpose public agencies, and regional planning commissions and any political subdivision that is multijurisdictional in nature and functions wholly or partly within the urban district.
(3) If a single multipurpose service authority is subsequently created in the
Denver metropolitan area, the powers, functions, and facilities of the district created by this article shall be transferred to such service authority; except that the general assembly may provide for the transfer to other political subdivisions of any facilities outside the boundaries of such service authority.
(4) The board, wherever and however possible and feasible, shall promote
and cooperate with park and recreation districts, municipalities, and other governmental agencies for the development and use of drainageways for recreational and park purposes.
Source: L. 69: p. 754, � 24. C.R.S. 1963: � 89-21-24.
C.R.S. § 32-11-519
32-11-519. Employment of experts. (1) The board on behalf of the district may employ legal, fiscal, engineering, and other expert services in connection with any project or the facilities, or both such project and facilities, and the authorization, sale, and issuance of bonds and other securities under this article.
(2) The board on behalf of the district is authorized to enter into any
contracts or arrangements, not inconsistent with the provisions of this article, with respect to the sale of bonds or other securities under this article, the employment of engineers, architects, financial consultants, and bond counsel, and other matters as the board may determine to be necessary or desirable in accomplishing the purposes of this article.
Source: L. 69: p. 770, � 61. C.R.S. 1963: � 89-21-61.
C.R.S. § 32-11-603
32-11-603. Provisional order method. (1) Whenever the board is of the opinion that the interest of the urban district requires any assessment project, the board, by resolution, shall direct the engineer to prepare:
(a) Preliminary plans showing:
(I) A typical section of the contemplated project; and
(II) The types of material, approximate thickness, and width;
(b) A preliminary estimate of the cost of the project, including incidental
costs; and
(c) An assessment plat showing:
(I) The area to be assessed; and
(II) The amount of maximum benefits estimated to be assessed against each
tract in each assessment area.
(2) The resolution may provide for one or more types of construction, and the
engineer shall separately estimate the cost of each type of construction. The estimate may be made in a lump sum or by unit process, as to such engineer may seem most desirable for the facilities complete in place.
(3) The resolution shall describe the project in general terms.
(4) The resolution shall state:
(a) What part or portion of the expense thereof is of special benefit, and,
therefore, shall be paid by assessments;
(b) What part, if any, has been or is proposed to be defrayed with moneys
derived from other than the levy of assessments; and
(c) The basis by which the cost will be apportioned and assessments will be
levied.
(5) In case the assessment is not to be made according to front feet, the
resolution shall:
(a) By apt description designate the improvement district, including the
tracts to be assessed;
(b) Describe definitely the location of the project; and
(c) State that the assessment is to be made upon all the tracts benefited by
the project proportionately to the benefits received.
(6) In case the assessment is to be upon the abutting property upon a
frontage basis, it shall be sufficient for the resolution so to state and to define the location of the project to be made.
(7) It shall not be necessary in any case to describe minutely in the resolution
each particular tract to be assessed but simply to designate the property, improvement district, or the location so that the various parts to be assessed can be ascertained and determined to be within or without the proposed improvement district.
(8) The engineer shall forthwith prepare and file with the secretary:
(a) The preliminary plans;
(b) The preliminary estimate of cost; and
(c) The assessment plat.
(9) Upon the filing of the plans, preliminary estimate of cost, and plat, the
board shall examine the same; and if the plans, estimate, and plat are found to be satisfactory, the board shall make a provisional order by resolution to the effect that the project shall be acquired or improved, or both acquired and improved.
Source: L. 69: p. 785, � 116. C.R.S. 1963: � 89-21-116.
C.R.S. § 32-11-608
32-11-608. Fixing hearing and notice. (1) In the provisional order the board shall set a time at least twenty days thereafter and a place at which the owners of the tracts to be assessed or any other persons interested therein may appear before the board and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the assessment project provisionally ordered.
(2) Notice shall be given:
(a) By publication; and
(b) By mail.
(3) Proof of publication shall be by affidavit of the publisher.
(4) Proof of mailing shall be by affidavit of the engineer, secretary, or any
deputy mailing the notice.
(5) Proof of publication and proof of mailing shall be maintained in the
records of the urban district until all the assessments pertaining thereto have been paid in full, including principal, interest, any penalties, and any collection costs.
Source: L. 69: p. 788, � 121. C.R.S. 1963: � 89-21-121.
C.R.S. § 32-11-610
32-11-610. Subsequent modifications. (1) All proceedings may be modified or rescinded wholly or in part by resolution adopted by the board at any time prior to the passage of the resolution adopted pursuant to section 32-11-614 creating the improvement district and authorizing the project.
(2) No substantial change in the improvement district, details, preliminary
plans, specifications, or estimates shall be made after the first publication or mailing of notice to property owners, whichever occurs first, except for any deletion of a portion of a project and property from the proposed improvement program for the improvement district or for any assessment unit.
(3) The engineer, however, has the right to make minor changes in time,
plans, and materials entering into the work at any time before its completion.
Source: L. 69: p. 789, � 123. C.R.S. 1963: � 89-21-123.
C.R.S. § 32-11-613
32-11-613. Post-hearing procedure. (1) After the provisional order hearing is held and after the board has disposed of all complaints, protests, and objections, verbal and in writing, the board shall determine whether to proceed with the improvement district and with each assessment unit therein, if there is more than one.
(2) If the board desires to proceed and desires any modification, by motion or
by resolution, it shall direct the engineer to prepare and to present to the board:
(a) A revised and detailed estimate of the total cost, including without
limitation the cost of acquiring or improving, or acquiring and improving, each proposed improvement program and of each of the incidental costs, which revised estimate shall not constitute a limitation for any purpose, except as otherwise provided in this article;
(b) Full and detailed plans and specifications for each proposed
improvement program designed to permit and to encourage competition among the bidders if any improvements are to be acquired by construction contract; and
(c) A revised map and assessment plat showing, respectively, the location of
each improvement program and the tracts to be assessed therefor, excluding any area or program not before the board at a provisional order hearing.
(3) That resolution, a separate resolution, or the resolution creating the
improvement district may combine or may divide the proposed improvement program or programs pertaining to the improvement district and any other facilities into suitable construction units for the purpose of letting separate and independent contracts, regardless of the extent of any improvement program constituting an assessment unit and regardless of whether a portion or none of the cost of any project is to be defrayed other than by the levy of special assessments.
(4) Nothing in this article shall be construed as not requiring the segregation
of costs of unrelated improvement programs for assessment purposes, as provided in this article.
Source: L. 69: p. 789, � 126. C.R.S. 1963: � 89-21-126.
C.R.S. § 32-11-614
32-11-614. Creation of district. (1) When an accurate estimate of cost, full and detailed plans and specifications, and the map and assessment plat are prepared, presented, and satisfactory to the board, regardless of whether the preliminary estimate of cost, plans, and specifications, map and assessment plat are modified pursuant to section 32-11-613, the board shall by resolution create the district and order the proposed project to be acquired or improved, or acquired and improved.
(2) The resolution shall prescribe:
(a) The extent of the improvement district by boundaries or by other brief
description and similarly of each assessment unit therein, if there is more than one;
(b) The kind and location of each improvement program proposed (without
mentioning minor details);
(c) The amount or the proportion of the total cost to be defrayed by
assessments, the method of levying assessments, the number of installments, and the times in which the costs assessed will be payable; and
(d) The character and the extent of any construction units.
(3) The engineer may further revise such cost, plans and specifications, and
the map and assessment plat from time to time for all or any part of any project; and the resolution may be appropriately amended prior to letting any construction contract therefor and prior to any property being acquired or any work being done other than by independent contract let by the urban district.
(4) The resolution, as amended, if amended, shall order the work to be done
as provided in this article.
Source: L. 69: p. 790, � 127. C.R.S. 1963: � 89-21-127.
C.R.S. § 32-11-616
32-11-616. Construction contracts. (1) No contract for doing construction work for acquiring or improving the project contemplated shall be made or awarded nor shall the board incur any expense or any liability in relation thereto, except for maps, plats, diagrams, estimates, plans, specifications, and notices until after the provisional order hearing and notice thereof provided for in this article have been had and given.
(2) The board may advertise by publication for proposals for doing the work
whenever the board desires, but the contract shall not be made or awarded before the time stated in subsection (1) of this section.
(3) In the case of construction work done by independent contract for any
project or portion thereof in any improvement district, the engineer or any purchasing officer of the urban district, as provided by the board, shall request competitive bids and publish notice stating that bids will be received at a time and at a place designated therein.
(4) The urban district may contract only with the responsible bidder
submitting the lowest and best bid upon proper terms.
(5) The district has the right to reject any and all bids and to waive any
irregularity in any bid.
(6) Any contract may be let on a lump-sum or on a unit basis.
(7) No contract shall be entered into for such work unless the contractor
gives an undertaking with a sufficient surety approved by the board and in an amount fixed by it for the faithful performance of the contract, substantially as required of a school board and a school district by sections 38-26-101 and 38-26-105 to 38-26-107, C.R.S., as from time to time amended, except as expressly otherwise provided in this article.
(8) Upon default in the performance of any contract, the engineer, or any
purchasing officer, as directed by motion of the board, may advertise and may relet the remainder of the work without further resolution and may deduct the cost from the original contract price and may recover any excess cost by suit on the original bond, or otherwise.
(9) All contracts shall provide, among other things, that the person entering
into the contract with the urban district will pay for all materials furnished and for services rendered for the performance of the contract and that any person furnishing the materials or rendering the services may maintain an action to recover for the same against the obligor in the undertaking as though the person was named therein. Final settlement shall be effected substantially as required by section 38-26-107, C.R.S., as from time to time amended, and all laws thereunto enabling.
(10) If any contract or any agreement is made in violation of the provisions of
this section, it shall be voidable, and no action shall be maintained thereon by any party thereto against the urban district.
(11) To the extent the urban district makes any payment thereunder, such
contract or agreement shall be valid, and any such payment may be included in any cost defrayed by the levy of assessments unless theretofore the urban district elects to void the contract or the agreement in its entirety and to recover any such payment from the party to whom made.
(12) The board, except as expressly limited in this article, may in the letting
of contracts impose such conditions upon bidders with regard to bonds and to securities, and such guaranties of good and faithful performance, completion of any work, and the keeping of the same in repair, and may provide for any further matter or thing in connection therewith as may be considered by the board to be advantageous to the urban district and to all interested persons.
Source: L. 69: p. 791, � 129. C.R.S. 1963: � 89-21-129. L. 77: (7) and (9)
amended, p. 288, � 65, effective June 29.
C.R.S. § 32-11-617
32-11-617. Extra work authorized - payment. Extra work may arise in connection with any project mentioned in this article and not particularly provided for in the plans, specifications, estimates, bids and contracts; and such extra work shall be performed by the contractor at the direction of the engineer at cost of labor and materials and overhead including superintendence as set forth in the plans, specifications, or construction contract, such amount to be included in the assessment for the project (but not exceeding in the aggregate the estimated maximum special benefits to any tract so assessed) or to be paid out of the general or other funds of the district available therefor, in the discretion of the board.
Source: L. 69: p. 793, � 130. C.R.S. 1963: � 89-21-130.
C.R.S. § 32-11-619
32-11-619. Cooperative construction. (1) In the case of construction work done by agreement with the urban district and with one or more public bodies or with the federal government (or any combination thereof) for any project or any portion thereof in any improvement district, the urban district may enter into and carry out any contract or may establish or comply with the rules and regulations concerning labor and materials and other related matters in connection with any project or any portion thereof, as the district may deem desirable or as may be requested by the federal government or by any public body which is a party to any such contract with the district that may assist in the financing of any project or any part thereof, regardless of whether the district is a party to any construction contract or to any other contract pertaining to incurring costs of the project.
(2) Any project, any portion of the cost of which may be defrayed by the
urban district by the levy of assessments under this article, may be acquired with the cooperation and the assistance of, or under a contract let by, or with labor, or supplies and materials, or all of such furnished by any one or more such public bodies or by the federal government (or any combination thereof).
(3) Advantage may be taken of any offer from any source to complete any
project on a division of expense or responsibility.
(4) The engineer, on behalf of and in the name of the urban district, is
authorized to acquire or improve, or acquire and improve, any such project in such a manner when so authorized by the resolution creating the improvement district or by any amendment thereto.
Source: L. 69: p. 793, � 132. C.R.S. 1963: � 89-21-132.
C.R.S. § 32-11-621
32-11-621. Assessment debentures. (1) For the purpose of paying any contractor of or otherwise defraying any cost of the project in connection with any improvement district as the same becomes due from time to time until moneys are available therefor from the levy and collection of assessments and from any issuance of assessment bonds, the board may issue assessment debentures on the behalf and in the name of the urban district as provided in sections 32-11-501 (3) and 32-11-502 to 32-11-526 and elsewhere in this article, except as otherwise provided in sections 32-11-621 to 32-11-631.
(2) Any assessment debentures issued for any construction work shall be
issued only upon estimates of the engineer.
(3) Any assessment debentures shall be special obligations payable from
designated special assessments, any proceeds of special assessment bonds, and any other moneys designated to be available for the redemption of such debentures and authorized in this article to be pledged as additional security for the payment of such bonds.
Source: L. 69: p. 794, � 134. C.R.S. 1963: � 89-21-134.
C.R.S. § 32-11-625
32-11-625. Bond limitations and details. (1) All assessment bonds issued under this article shall be issued by the treasurer upon estimates of the engineer, or if bonds are issued after the levy of assessments, in an aggregate principal amount not exceeding the aggregate amount of unpaid assessments pledged for the payment of the bonds, and upon order of the board by resolution.
(2) The bonds shall mature in no event after that date which is one year after
the last assessment installment payment date.
Source: L. 69: p. 795, � 138. C.R.S. 1963: � 89-21-138.
C.R.S. § 32-11-632
32-11-632. Statement of cost of project. Upon the completion of any project in any improvement district or, in the case of assessment units or sewers, upon completion from time to time of an improvement program in any assessment unit or any parts of sewers affording complete drainage for any part of the improvement district, or after the determination of the net cost to the urban district, and upon the acceptance thereof by the board, or whenever the total cost of such project or any of such part of sewers can be definitely ascertained, and upon the board's determination to assess all or a part of the cost thereof, the engineer shall prepare and shall furnish to the board a statement showing the total cost of the project or of any such part thereof.
Source: L. 69: p. 798, � 145. C.R.S. 1963: � 89-21-145.
C.R.S. § 32-11-633
32-11-633. Order for assessment roll and its form. (1) Following the furnishing of the statement of the cost of the project, the board by resolution shall:
(a) Determine the cost of the project to be paid by the assessable property in
the improvement district;
(b) Order the engineer to make out an assessment roll containing, among
other things:
(I) The name of each last-known owner of each tract to be assessed or, if not
known, that the name is unknown; and
(II) A description of each tract to be assessed and the amount of the
proposed assessment thereon, apportioned upon the basis for assessments stated in the provisional order for the hearing on the project;
(c) Cause a copy of the resolution to be furnished by the secretary to the
engineer.
(2) In fixing the amount or the sum of money that may be required to pay the
cost of the project, the board need not necessarily be governed by the estimates of such cost provided for in this article, but the board may fix such other sum within the limits prescribed as it may deem necessary to cover the cost of the project.
(3) If by mistake or otherwise any person is improperly designated in the
assessment roll as the owner of any tract or if the same is assessed without the name of the owner or in the name of a person other than the owner, such assessment shall not for that reason be vitiated, but it shall in all respects be as valid upon and against such tract as though assessed in the name of the owner thereof. When the assessment roll has been confirmed, such assessment shall become a lien on such tract and shall be collected as provided by law.
Source: L. 69: p. 798, � 146. C.R.S. 1963: � 89-21-146.
C.R.S. § 32-11-634
32-11-634. Assessment computations and limitations. (1) If the assessment is made upon the basis of frontage, the engineer shall assess each tract with such relative portion of the whole amount to be levied as the length of front of such premises bears to the whole frontage of all the tracts to be assessed, and the frontage of all tracts to be assessed shall be deemed to be the aggregate number of feet as determined for assessment by the engineer.
(2) If the assessment is directed to be according to an area or zone or
another equitable basis other than a front-foot basis, the engineer shall assess upon each tract such relative portion of the whole sum to be levied as is proportionate to the estimated benefit according to such basis.
(3) Regardless of the basis used, in cases of wedge-shaped or V-shaped or
any other irregular-shaped tracts, an amount apportioned thereto shall be in proportion to the special benefits thereby derived.
(4) No assessment shall exceed the amount of the estimate of maximum
special benefits to the tract assessed, as provided in section 32-11-607 (2).
(5) Any amount which would be assessed against any tract in the absence of
both limitations in subsections (3) and (4) of this section shall be defrayed by other than the levy of assessments.
Source: L. 69: p. 799, � 147. C.R.S. 1963: � 89-21-147.
C.R.S. § 32-11-635
32-11-635. Determination of assessable tracts. The board shall determine what amount or part of every expense shall be charged as an assessment and the tracts upon which the same shall be levied, and as often as the board deems it expedient, it shall require all of the several tracts chargeable therewith respectively to be reported by the secretary to the engineer for assessment.
Source: L. 69: p. 799, � 148. C.R.S. 1963: � 89-21-148.
C.R.S. § 32-11-636
32-11-636. Preparation of proposed roll. (1) Upon receiving the report mentioned in section 32-11-633, the engineer shall make an assessment roll and state a proposed assessment therein upon each tract so reported to him, and by such proposed assessments he shall defray the whole amount of all charges so directed to be levied upon each of such tracts respectively. When completed, he shall report the assessment roll to the board.
(2) When any assessment is reported by the engineer to the board as
directed in this section, the same shall be filed in the office of the secretary and numbered.
Source: L. 69: p. 799, � 149. C.R.S. 1963: � 89-21-149.
C.R.S. § 32-11-654
32-11-654. Procedure to place omitted tracts on roll. (1) Whenever by mistake or inadvertence or for any cause any tract otherwise subject to assessment within any improvement district has been omitted from the assessment roll for any project, the board may, upon its own motion or upon the application of any owner of any tract within such district charged with the lien of an assessment for the project, assess the same in accordance with the special benefits accruing to such omitted tract by reason of such project and in proportion to the assessments levied upon other tracts in such district.
(2) In any such case the board shall first pass a resolution setting forth that
certain tracts therein described were omitted from such assessment, and notifying all persons who may desire to object thereto to appear at a meeting of the board at a time specified in such resolution to present their objection thereto and directing the engineer to report to the board at or prior to the date fixed for such hearing the amount which should be borne by each such tract so omitted, which resolution shall be published at least once by the secretary in a newspaper of general circulation in the improvement district and shall be thereby mailed to the last-known owner of each such tract.
(3) At the conclusion of such hearing or any adjournment thereof, the board
shall consider the matter as though each such tract had been included upon the original roll and may confirm the same or any portion thereof by resolution.
(4) Thereupon the assessment on such roll of each omitted tract shall be
collected, the payment of which shall be secured by an assessment lien; and a claim of lien therefor may be filed for record in the office of the county clerk as other assessments, as provided in section 32-11-652.
Source: L. 69: p. 805, � 167. C.R.S. 1963: � 89-21-167.
C.R.S. § 32-11-669
32-11-669. Procedure for relevy. (1) When an assessment is so determined to be invalid or illegal, the board shall by resolution order and shall make a new assessment or reassessment upon the tracts which have been or will be benefited by the project to which the invalid assessment pertains, to the extent of their proportionate part of the expense thereof, and in case the cost exceeds the actual value of such project, the new assessment or reassessment shall be for and shall be based upon the actual value of the same at the time of the project's completion.
(2) To this end the engineer shall make a new assessment roll in an equitable
manner with reference to the benefits received, as near as may be in accordance with the law in force at the time such reassessment is made.
(3) When the new roll has been confirmed and approved by the board as
provided for the original assessments, the reassessment shall be enforced and collected in the same manner that other assessments for such project are enforced and collected, under the provisions in sections 32-11-635 to 32-11-661.
(4) No proceedings relative to making the cost of any project chargeable
upon property benefited thereby, required, and provided by the laws of the urban district prior to the making of the original assessment roll, shall be included or required within the purpose of sections 32-11-668 to 32-11-679.
Source: L. 69: p. 809, � 182. C.R.S. 1963: � 89-21-182.
C.R.S. § 32-11-671
32-11-671. Assessment roll - certification. Upon the passage of a resolution, as provided in this article, the engineer shall make out an assessment roll according to the provisions of the resolution and shall certify the same to the board, as provided in section 32-11-636.
Source: L. 69: p. 809, � 184. C.R.S. 1963: � 89-21-184.
C.R.S. § 32-11-674
32-11-674. Levy of reassessment - cost and value. (1) The fact that the contract has been let or that such project has been acquired or improved, or acquired and improved, and otherwise completed in whole or in part shall not prevent such assessment from being made, nor shall the omission, failure, or neglect of any officer to comply with the provisions of the laws governing the urban district as to petition, notice, resolution to acquire or improve, or both acquire and improve, estimate, survey, diagram, manner of letting contract or execution of work, or any other matter whatsoever connected with the project and the first assessment thereof operate to invalidate or in any way to affect the making of the new assessment or reassessment, as provided for by sections 32-11-668 to 32-11-679, charging the property benefited with the expense thereof, except as otherwise provided in this article.
(2) Any such reassessment shall be levied by resolution, shall become final,
and shall be subject to appeal as provided in sections 32-11-639 and 32-11-640.
(3) Such reassessment shall be for an amount which shall not exceed the
actual cost and value of the project, together with any interest that has lawfully accrued thereon; and such amount shall be equitably apportioned upon the tracts benefited thereby according to the provisions of the laws of the urban district.
(4) It is the true intent and meaning of sections 32-11-668 to 32-11-679 to
make the cost and expense of each local improvement project payable by the tracts benefited by such project by making a reassessment therefor, notwithstanding that the proceedings of the board, engineer, or other body or any officers thereof may be found irregular or defective, whether jurisdictional or otherwise.
Source: L. 69: p. 809, � 187. C.R.S. 1963: � 89-21-187.
C.R.S. § 32-11-817
32-11-817. Exemption of district. A district formed under this article shall not be considered a political subdivision for the purposes of section 8-3-104 (12), C.R.S.
Source: L. 69: p. 818, � 213. C.R.S. 1963: � 89-21-213.
Cross references: For the labor peace act, see article 3 of title 8.
ARTICLE 11.5
Fountain Creek Watershed, Flood Control,
and Greenway District
PART 1
GENERAL PROVISIONS
32-11.5-101. Short title. This article shall be known and may be cited as the
Fountain Creek Watershed, Flood Control, and Greenway District Act.
Source: L. 2009: Entire article added, (SB 09-141), ch. 194, p. 840, � 1,
effective April 30.
32-11.5-102. Legislative declaration. (1) The general assembly hereby finds
and declares that:
(a) The Fountain creek watershed, including Fountain creek, related
wetlands, existing trails, and recreational facilities, is a unique and high quality watershed that is an important resource and asset to the people of El Paso county, Pueblo county, and the state of Colorado;
(b) There are many challenges arising from the unique nature of the Fountain
creek watershed, including torrential storms that occur intermittently in urban and rural areas that drain into Fountain creek and result in increased potential for flood danger to property, natural resources, and persons within the urban and rural areas of the watershed;
(c) It is necessary to address flooding, drainage, sedimentation, water
quality, water quantity, and erosion problems within the Fountain creek watershed in El Paso county and Pueblo county;
(d) Because the Fountain creek watershed is physically located in both El
Paso county and Pueblo county and crosses the jurisdictional boundaries of the two counties, the cities of Colorado Springs, Fountain, Manitou Springs, and Pueblo, and the towns of Palmer Lake, Green Mountain Falls, and Monument, the watershed includes large areas of both incorporated and unincorporated land, which has:
(I) Resulted in the fragmentation and proliferation among the counties and
municipalities of powers, rights, privileges, and duties pertaining to storm water, flood mitigation, and attenuation and drainage within the watershed; and
(II) Left the counties and municipalities unable to acquire suitable capital
improvements for the mitigation of the flooding, drainage, and erosion problems within the watershed;
(e) In order to address flooding, drainage, sedimentation, water quality,
water quantity, and erosion problems and recreational opportunities within the Fountain creek watershed and effectively protect, develop, and use the natural resources within the watershed, it is necessary and appropriate to create the Fountain creek watershed, flood control, and greenway district and to authorize the district to primarily manage, administer, and fund the capital improvements necessary in the Fountain creek watershed and the Fountain creek watershed management area to:
(I) Prevent and mitigate flooding, sedimentation, and erosion;
(II) Improve water quality and otherwise address water quality and water
quantity issues;
(III) Improve drainage;
(IV) Fund the acquisition and protection of open space;
(V) Develop public recreational opportunities, including parks, trails, and
open space; and
(VI) Improve wildlife and aquatic habitat and restore, enhance, establish, and
preserve wetlands.
(2) The general assembly further finds and declares that:
(a) A general law cannot be made applicable to the Fountain creek
watershed, flood control, and greenway district, or to the properties, powers, duties, privileges, immunities, rights, liabilities, and disabilities pertaining thereto as provided in this article, because of the number of atypical factors and special conditions concerning them;
(b) The creation of the Fountain creek watershed, flood control, and
greenway district promotes the health, comfort, safety, convenience, and welfare of all the people of the state and is of special benefit to the inhabitants of the district and the property within the district;
(c) All property to be acquired by the district under this article shall be
owned, operated, administered, and maintained for and on behalf of all of the people of the district;
(d) All legal and available funding sources shall be available to the district,
including, but not limited to, mill levies, service fees, special assessments, and gifts, grants, and donations from public, private, and not-for-profit sources.
Source: L. 2009: Entire article added, (SB 09-141), ch. 194, p. 840, � 1,
effective April 30.
32-11.5-103. Definitions. As used in this article, unless the context
otherwise requires:
(1) Assessable property means any tract of land in an improvement district
specially benefited by a project paid for in whole or in part by the district by the levy of assessments other than:
(a) A tract owned by the federal government absent its consent to the
assessment of the tract; or
(b) A street, alley, highway, or other public right-of-way of a public body.
(2) Assessment unit means a unit or quasi-improvement district designated
by the board for the purpose of petition, remonstrance, and assessment in the case of a combination of projects in an improvement district.
(3) Board means the board of directors of the district.
(4) Bond means any bond, note, warrant, interim certificate, contract, or
other evidence of indebtedness of the district issued or otherwise executed pursuant to this article, including, but not limited to, any obligation to the United States in connection with a loan from or guaranteed by the United States.
(5) Chairperson means the presiding officer of the board or his or her
successor in functions, if any.
(6) Citizens advisory group means the citizens appointed by the board to
represent various interests identified in this article and to consult with and offer advice to the board on managing the watershed.
(7) Condemnation or condemn means the exercise of the power of
eminent domain by the district for the purpose of acquiring property for any project, facilities, or interest therein authorized by the district pursuant to this article.
(8) Corporate district means a district constituting a body corporate and
politic and a political subdivision of the state, including, but not limited to, a school district, a local college district, a special district created pursuant to article 1 of this title, any other kind of district created pursuant to this title, a public improvement district, or a local improvement district; except that corporate district does not include the district or an improvement district.
(9) (a) Corridor means an area generally northerly to southerly along
Fountain creek that consists of the portion of the one-hundred-year floodplain of Fountain Creek, as defined by the federal emergency management agency and further identified on maps promulgated by the agency, hereinafter referred to as the FEMA one-hundred-year floodplain, consisting of floodplains in El Paso county that lie south of the municipal limits of the city of Fountain and the floodplain in Pueblo county that lies north of the municipal limits of the city of Pueblo.
(b) Notwithstanding paragraph (a) of this subsection (9), public bodies not
represented on the board, through their governing bodies, may consent to the jurisdiction of the district and add property to the corridor. The represented public bodies shall also have the option of adding additional sections of the watershed within their respective jurisdictional boundaries to the corridor and consent to the jurisdiction of the district.
(10) Director means a member of the board.
(11) District means the Fountain creek watershed, flood control, and
greenway district created in section 32-11.5-201, the boundary of which is defined in section 32-11.5-202.
(12) Eligible elector means an eligible elector as defined in section 32-1-103 (5).
(13) Engineer means any engineer in the permanent employ of the district,
any licensed professional engineer, or any firm of professional engineers as determined by the board that:
(a) Has skill and experience in the field of designing and preparing plans and
specifications for and supervising the construction of facilities like those the district is authorized to acquire;
(b) Is practicing engineering under the laws of the state; and
(c) Is selected, retained, and compensated by the district as required by
section 32-11.5-205 (1)(h)(I).
(14) Equip means the furnishing of all necessary or desirable, related, or
appurtenant machinery, furnishings, apparatus, paraphernalia, and other gear, or any combination thereof, pertaining to any project or other property of the district, or any interest therein, authorized in this article or otherwise relating to facilities.
(15) Facilities means all or any portion of the drainage, flood control, and
recreational system of the district, consisting of all property owned or acquired by the district through purchase, construction, or otherwise, that is used by the district in connection with drainage, flood control, and recreation, whether situated within or outside, or both within and outside, the territory of the district, including, but not limited to, water rights for recreational or flood control uses, or both, natural and artificial watercourses for the collection, channeling, impounding, and disposition of rainfall, other surface and subsurface drainage, and storm and flood waters, including, but not limited to, ditches, ponds, dams, spillways, retarding basins, detention basins, nonpoint source water quality treatment and abatement systems, lakes, reservoirs, canals, channels, levees, revetments, dikes, walls, embankments, bridges, inlets, outlets, connections, laterals, other collection lines, intercepting sewers, outfalls, outfall sewers, trunk sewers, force mains, submains, waterlines, sluices, flumes, syphons, sewer lines, pipes, other transmission lines, culverts, pumping stations, gauging stations, stream gauges, rain gauges, engines, valves, pumps, meters, junction boxes, manholes, other inlet and outlet structures, motor vehicles, bucket machines, inlet and outlet cleaners, backhoes, draglines, graders, other equipment, apparatus, fixtures, structures, and buildings, flood warning services, and appurtenant telephone, telegraph, radio, and television apparatus, other water diversion, drainage, and flood control facilities, trails, open space, habitat for wildlife and aquatic life, and all appurtenances and incidentals necessary, useful, or desirable for any such facilities including real and other property therefor.
(16) Fiscal year means the twelve months commencing on the first day of
January of any calendar year and ending on the last day of December of the same calendar year.
(17) Fountain creek watershed or watershed means the watershed
officially denominated by the United States government as watershed boundary dataset, hydraulic unit code # 11020003, Fountain creek sub-basin of the Arkansas river, Colorado.
(18) Fountain creek watershed management area or watershed
management area means that portion of the district that consists of townships within the watershed and other townships that will benefit from improvements to the watershed and that is legally described as townships 11s68w, 11s67w, 11s66w, 12s68w, 12s67w, 12s66w, 12s65w, 13s68w, 13s67w, 13s66w, 13s65w, 14s68w, 14s67w, 14s66w, 14s65w, 14s64w, 15s67w, 15s66w, 15s65w, 15s64w, 16s67w, 16s66w, 16s65w, 16s64w, 17s66w, 17s65w, 17s64w, 18s66w, 18s65w, 18s64w, 19s66w, 19s65w, 19s64w, 20s66w, 20s65w, 20s64w, 21s66w, 21s65w, 21s64w of the 6th principal meridian.
(19) Governing body means a city council, board of town trustees, board of
county commissioners, board of directors, or other entity in which the legislative powers of a public body are vested.
(20) Improvement or improve means the extension, enlargement,
betterment, alteration, reconstruction, replacement, or major repair of facilities, a project, infrastructure, related property, or an interest therein.
(21) Improvement district means a contiguous or noncontiguous
geographical area within the watershed management area that is designated and delineated by the board by an assigned number or in some other manner that separately identifies it from any other improvement district and contains facilities or a project, or an interest in facilities or a project, the cost of which is to be defrayed wholly or in part by the levy of special assessments against each tract within the area.
(22) Infrastructure means one or more elements of a drainage or flood
control system that is similar in kind to facilities but owned by a public body or other person other than the district.
(23) Mailed notice means any designated written or printed notice
addressed to the owner of record of each tract assessed or to be assessed by deposit at least fourteen days prior to the designated hearing or other time or event in the United States mail, postage prepaid, as first-class mail.
(24) Municipality means an incorporated city or town.
(25) Newspaper means a newspaper printed in the English language at
least once each calendar week.
(26) Project means any facility or related group of facilities that the board
determines to authorize, construct, or acquire at one time.
(27) Publication or publish means one publication at least fourteen days
prior to the date of a hearing or event in each official newspaper designated by the district pursuant to section 32-11.5-205 (1)(l).
(28) (a) Public body means the state of Colorado or any agency,
instrumentality, or corporation thereof; any county, municipality, corporate district, authority, or state institution of higher education; or any other body corporate and politic and political subdivision of the state.
(b) Public body does not include the federal government or the district.
(29) Represented public body means a public body that is entitled, alone or
in concert with another public body, to appoint one or more directors to the board.
(30) Service charges means the fees, rates, and other charges for the use
of the facilities of the district or for any related service rendered by the district.
(31) Small municipalities means, collectively, the town of Green Mountain
Falls, the city of Manitou Springs, the town of Monument, and the town of Palmer Lake, Colorado.
(32) Special assessment means a charge levied against any tract specially
benefited in an improvement district by any project that shall be made on a front-foot, zone, area, or other equitable basis as determined by the board; except that the charge shall not exceed the estimated maximum special benefits to the tract assessed as determined by the board pursuant to part 5 of this article.
(33) Technical advisory committee means the advisory committee made up
of technical experts appointed by the board to provide recommendations to the board regarding public policy or expenditure of funds for the benefit of the watershed.
(34) (a) Tract means any lot or other parcel of land for assessment
purposes, whether platted or unplatted, regardless of lot or land lines.
(b) Lots, plots, blocks, and other subdivisions may be designated in
accordance with any recorded plat thereof, and all lands, platted and unplatted, shall be designated by a definite legal description.
Source: L. 2009: Entire article added, (SB 09-141), ch. 194, p. 842, � 1,
effective April 30.
32-11.5-104. Public purpose - liberal construction - sufficiency of article. (1)
The exercise of any power authorized in this article by the board on behalf of the district and any project authorized pursuant to this article effects a public purpose.
(2) This article being necessary to secure and preserve the public health,
safety, and general welfare, the rule of strict construction shall not apply to this article. This article shall be liberally construed to effect its purposes.
(3) (a) Except as otherwise provided in the state constitution, section 25-8-102 (4), C.R.S., or this article, this article, without reference to any other law, shall
constitute full authority for the exercise of the powers granted in this article, including without limitation the financing of any project authorized in this article wholly or in part and the issuance of bonds to evidence the financing.
(b) Except as otherwise provided in this article, no other law with regard to
the authorization or issuance of bonds or the exercise of any other power granted in this article that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in this article shall apply to proceedings taken under or acts done pursuant to this article.
(c) Except as otherwise provided in this article, no notice, consent, or
approval by any public body or officer thereof shall be required as a prerequisite to the sale or issuance of any bonds or the making of any contract or the exercise of any other power under this article.
(d) The powers conferred by this article shall be in addition and
supplemental to, and not in substitution for, and the limitations imposed by this article shall not affect, the powers conferred by any other law.
(e) Nothing in this article shall repeal or affect any other law except to the
extent that this article is inconsistent with any other law, this article being intended to provide a separate method of accomplishing its objectives and not an exclusive one. This article shall not be construed as repealing, amending, or changing any other law except to the extent that the other law is inconsistent with this article. This article shall not be construed as repealing, modifying, or amending any existing law or court decree concerning the determination or administration of water rights.
Source: L. 2009: Entire article added, (SB 09-141), ch. 194, p. 846, � 1,
effective April 30.
PART 2
DISTRICT ADMINISTRATION AND POWERS
32-11.5-201. Creation of district. There is hereby created the Fountain creek
watershed, flood control, and greenway district, which shall be a body politic and corporate and a political subdivision of the state. The district shall not be an agency of state government and shall not be subject to administrative direction by any department, commission, board, bureau, or agency of the state.
Source: L. 2009: Entire article added, (SB 09-141), ch. 194, p. 847, � 1,
effective April 30.
32-11.5-202. Boundaries of district. The area comprising the district
consists of the counties of El Paso and Pueblo.
Source: L. 2009: Entire article added, (SB 09-141), ch. 194, p. 847, � 1,
effective April 30.
32-11.5-203. Board of directors - general powers and delegation thereof -
manner of appointment - compensation. (1) (a) The district shall be governed by a board of directors, and, subject to paragraph (b) of this subsection (1), the board shall exercise all powers, rights, privileges, and duties of the district as provided in this article.
(b) (I) The board may create an executive committee of the board and may
delegate to the committee such power to act on behalf of the district as the board may determine by resolution, except as limited by the supermajority requirements specified in section 32-11.5-204 (1)(b)(II).
(II) The board may appoint an executive director for the district and may
delegate the exercise of any of its executive, administrative, and ministerial powers to the executive director and any other staff of the district. The executive director shall have such powers as may be granted by the board, which may include, but are not limited to, the ability to hire employees, consultants, or staff to help carry out the day to day operations of the district and to help execute the spending plan adopted by the board. The board may also contract for professional services, including, but not limited to, financial, legal, and engineering services, to the extent necessary to administer and implement the purposes of this article.
(2) (a) The board shall consist of nine directors appointed as follows:
(I) One Pueblo county commissioner appointed by the Pueblo county board
of county commissioners as a representative of Pueblo county;
(II) One El Paso county commissioner appointed by the El Paso county board
of county commissioners as a representative of El Paso county;
(III) One city of Pueblo city council member or the mayor of the city of Pueblo
appointed by the Pueblo city council as a representative of the city of Pueblo;
(IV) One city of Colorado Springs city council member or the mayor of the
city of Colorado Springs appointed by the Colorado Springs city council as a representative of the city of Colorado Springs;
(V) One city of Fountain city council member or the mayor of the city of
Fountain appointed by the Fountain city council as a representative of the city of Fountain;
(VI) One director appointed by the Pueblo county board of county
commissioners who is either a representative of the lower Arkansas valley conservancy district or a citizen of Pueblo county and who represents the interests of persons from the portion of the district that lies east of the confluence of Fountain creek and the Arkansas river;
(VII) One director appointed jointly by the Colorado Springs city council and
the El Paso county board of county commissioners who is either a representative of the small municipalities selected from candidates nominated by the small municipalities, or, if the small municipalities do not submit at least one candidate, then a citizen of El Paso county;
(VIII) One director appointed jointly by the Pueblo city council and the Pueblo
county board of county commissioners who is a citizen at large and resides in Pueblo county; and
(IX) One director appointed jointly by the El Paso county and Pueblo county
boards of county commissioners who is a member of the citizens advisory group. The citizens advisory group shall provide two or more nominees for the director position to the boards, but the boards shall not be limited to the nominees in appointing the director.
(b) The term of each director shall commence on February 1; except that the
terms of the directors initially appointed shall commence immediately upon their appointment. The directors initially appointed pursuant to subparagraphs (I), (IV), (VII), and (IX) of paragraph (a) of this subsection (2) shall serve initial terms through January 31, 2011, and the directors initially appointed pursuant to subparagraphs (II), (III), (V), (VI), and (VIII) of paragraph (a) of this subsection (2) shall serve initial terms through January 31, 2012. The term of each director appointed after the initial appointments shall be for two years. Each appointing authority or pair of joint appointing authorities has sole discretion to reappoint any director who the authority or authorities initially appointed.
(c) Each appointing authority shall select and appoint its respective director
in any lawful manner as determined by the appointing authority. Each appointing authority shall designate and provide notice to the other represented public bodies of the identity of its respective director, and any designee or alternate it may choose to name, within thirty days after the appointment. Each appointing authority may also name an alternate director to attend meetings if the primary director is unavailable to attend or has a conflict of interest.
(d) If a board vacancy occurs for any reason including, but not limited to, a
director no longer possessing a mandatory qualification for board membership that the director held at the time of his or her appointment to the board, the appointing authority that appointed the director shall fill the vacancy by appointing a successor director to serve for the unexpired term. The successor director shall possess any mandatory qualification specified in paragraph (a) of this subsection (2).
(3) (a) A director shall not receive a salary or compensation or
reimbursement for any expenses incurred in the performance of his or her duties, other than as may be provided by the represented public body or other organization the director represents at the sole discretion of the represented public body or organization or unless authorized by the board.
(b) A director shall not receive any compensation as an officer, engineer,
attorney, employee, or other agent of the district.
Source: L. 2009: Entire article added, (SB 09-141), ch. 194, p. 847, � 1,
effective April 30.
32-11.5-204. Board - meetings - records. (1) (a) Except for the initial board,
each board shall meet in January of each year at a regular place of meeting within the district for the qualification of new directors and for the selection of new officers. The initial board at its first meeting, and each successor board at the annual meeting held in January of each year thereafter, shall, by a majority vote of a quorum of the directors, elect the following officers:
(I) A chairperson who shall preside over all meetings of the board and see
that the meetings and debate are conducted in an orderly and expeditious manner. Except as otherwise permitted by section 32-11.5-203 (1)(b)(II), the chairperson shall sign all contracts, agreements, and legal documents of the board and in general shall perform all duties incident to the office of chairperson.
(II) A vice-chairperson who shall assume the duties of the chairperson in the
chairperson's absence.
(b) (I) A majority of the directors shall constitute a quorum for the
transaction of business by the board unless a different number is set by resolution of the board at the annual meeting. Except as otherwise provided in this article or in the bylaws, the affirmative vote of a majority of a quorum of the board of directors shall be sufficient to conduct the business of the board. If less than a quorum is present at a meeting, the chairperson or other presiding officer may compel the attendance of any absent member in such manner and under such penalties as the board may provide or may adjourn the meeting to a different time and place. If the meeting is adjourned, the chairperson shall notify absent directors of the time and place of the adjourned meeting.
(II) Subject to the requirement that a quorum of the board be present to vote,
the board shall adopt spending or other fiscal policy resolutions, including, but not limited to, resolutions that, subject to applicable voter approval requirements, establish or increase taxes levied or fees imposed and collected by the district or multiple-fiscal year financial obligations to be incurred by the district, and public policy resolutions, including but not limited to resolutions that initiate condemnation proceedings and resolutions to initiate or voluntarily participate in litigation, only by a supermajority vote as follows:
Board Members Appointed Votes Required for Approval
2 2
3 2
4 3
5 4
6 4
7 5
8 6
9 7
(III) Each director or director's alternate shall be entitled to one vote, and
voting by proxy shall not be permitted.
(IV) All meetings of the board, the technical advisory committee, the citizens
advisory group, or any executive committee or other committee designated by the board shall be held in the district subject to the open meetings provisions of the Colorado Sunshine Act of 1972, part 4 of article 6 of title 24, C.R.S.
(V) The directors, the technical advisory committee, the citizens advisory
group, or any executive committee or other committee designated by the board may participate in any meeting of the board or committee by means of a telephone conversation or similar communication equipment by which all persons participating in the meeting can hear each other at the same time. Such remote participation shall constitute presence in person at the meeting.
(2) (a) The board shall perform all legislative acts of a general and
permanent nature by resolution, which may require approval by a supermajority vote as specified in subparagraph (II) of paragraph (b) of subsection (1) of this section. On all resolutions and orders, the roll shall be called, and the ayes and noes shall be recorded. After passage, all resolutions and orders shall be recorded in the records of the offices of the clerk and recorders of El Paso and Pueblo counties, recorded in a book kept by the district for that purpose, and authenticated by the signature of the presiding officer of the board and the secretary of the board.
(b) The district and the board shall be subject to the Colorado Open Records
Act, article 72 of title 24, C.R.S.
(c) All district records are subject to audit as provided by law for political
subdivisions of the state.
Source: L. 2009: Entire article added, (SB 09-141), ch. 194, p. 849, � 1,
effective April 30.
32-11.5-205. Powers of district. (1) The district, acting through the board or
through other persons to whom the board has delegated any of its powers as authorized by this article, has the following general and administrative powers:
(a) To have perpetual existence;
(b) To sue and be sued;
(c) To adopt bylaws for the regulation of its affairs and the conduct of its
business;
(d) To fix the time and place at which its regular meetings shall be held
within the district and to provide for the calling and holding of special meetings;
(e) To adopt and use a seal;
(f) To maintain offices at any place within the district it may designate;
(g) (I) To appoint a secretary and a treasurer of the board. Each position may
be filled by a director or by another person, and both positions may be filled by the same person.
(II) The secretary of the board shall keep a record of the minutes of all
meetings, ensure that all notices required by law are duly given and posted, serve as the custodian of board records, attest to documents as the need arises, and perform such other functions as may be prescribed by the board.
(h) (I) Subject to the provisions of section 32-11.5-203 (1)(b) and
subparagraph (II) of this paragraph (h), to hire and fix the compensation of officers and employees and hire or retain other persons, including but not limited to professionals such as engineers, attorneys, accountants, and other financial professionals.
(II) (A) No director, officer, employee, or agent of the district shall be
interested in any contract or transaction with the district except in his or her official capacity or as is provided in his or her contract of employment with the district.
(B) Neither the holding of any office or employment of a public body or of the
federal government nor the owning of any property within the state, within or outside the district, shall be deemed a disqualification for membership on the board or employment by the district or deemed a disqualification for compensation for services as an officer, employee, or agent of the district.
(C) A director shall not vote on any issue with respect to which the director
has a conflict of interest as required by sections 18-8-308, 24-18-108.5, and 24-18-110, C.R.S. An appointing body may name an alternate director to cure the temporary disqualification, and the alternate may vote in place of the disqualified director.
(i) To appoint a technical advisory committee of technical experts to provide
recommendations to the board regarding public policy or expenditure of funds for the benefit of the watershed and to carry on technical and other investigations of all kinds, make measurements, collect data, and make analyses, studies, and inspections pertaining to facilities, projects, and related property both within and outside the district;
(j) To appoint a citizens advisory group representing various interests
pertaining to the watershed to consult with and offer advice to the board regarding the management of the watershed;
(k) To appoint one or more persons to act as custodians of the moneys of the
district for purposes of depositing the moneys in any depository authorized in section 24-75-603, C.R.S. Custodians shall give surety bonds in such amounts and form and for such purposes as the board requires.
(l) To designate an official newspaper published in El Paso county and an
official newspaper published in Pueblo county and to publish any notice or other instrument in any additional newspaper or newspapers as the board deems necessary;
(m) To enter into contracts and agreements, including, but not limited to,
contracts and agreements with any public body or agency thereof or with the federal government;
(n) (I) To trade, exchange, purchase, condemn in the manner provided in
articles 1 to 7 of title 38, C.R.S., and otherwise acquire, operate, maintain, and dispose of real and personal property, including interests therein, within or outside the district.
(II) If the construction of any project or part of a project authorized in this
article requires the removal and relocation of any public utility facility or any park or utility facility owned or operated by a public body or an enterprise of a public body, whether on private or public right-of-way or otherwise, the district shall cooperate with the public body to determine the necessity of the removal and relocation and, if necessary, the appropriate reimbursement to the owner of the park or public utility facility for the expense of the removal and relocation, including the cost of any necessary land or rights in land and any other resulting costs.
(o) To institute, maintain, and administer a systematic and uniform program
of preventive maintenance in the district;
(p) To promulgate such resolutions and issue such orders as the district
deems necessary or convenient for the operation, maintenance, management, government, and use of facilities and any other drainage and flood control facilities under its control, whether situated within or outside or both within and outside the territorial limits of the district;
(q) To promote, construct, and manage the protection and improvement of
the watershed to prevent and mitigate flooding, erosion, and sedimentation, improve drainage and water quality, address water quantity, provide a healthy riparian habitat with recreational amenities, including, but not limited to, open space and trails, improve wildlife and aquatic habitat, and restore, enhance, establish, and preserve wetlands;
(r) To prepare and submit ballot language to place one or more funding
measures before the affected electors in Pueblo and El Paso counties; and
(s) To provide information to educate the public concerning the purposes and
benefits of the district.
(2) The district has the following financial powers:
(a) To provide funding derived from both El Paso and Pueblo counties to
support the district;
(b) To provide cooperation and financial and technical assistance throughout
the Fountain creek watershed;
(c) (I) Subject to the requirements of subparagraph (II) of this paragraph (c),
to finance the acquisition, construction, operation, or maintenance of projects and any other lawful operations of the district through:
(A) The establishment of service charges within the watershed management
area pursuant to part 3 of this article;
(B) The imposition of mill levies, levied at a total rate of no more than five
mills, on all taxable property within the district and the issuance of bonds pursuant to part 4 of this article;
(C) The creation of improvement districts and imposition of special
assessments on all property within an improvement district pursuant to part 5 of this article;
(D) The acceptance of gifts, grants, and donations from public, private, and
not-for-profit sources;
(E) Certificates of participation; and
(F) Any other lawful means authorized in this article.
(II) (A) No action by the district to establish or increase any special
assessment authorized by this article and, in accordance with section 20 (4)(a) of article X of the state constitution, no action by the district to establish or increase any tax or mill levy authorized by this article shall take effect unless first submitted to a vote of the eligible electors of the district or, in the case of a special assessment, the eligible electors of the improvement district in which the special assessment is proposed to be collected.
(B) No action by the district creating a multiple-fiscal year debt or other
financial obligation that is subject to section 20 (4)(b) of article X of the state constitution shall take effect unless first submitted to a vote of the eligible electors of the district or, in the case of improvement district bonds to be paid with revenues from a special assessment, the eligible electors of the improvement district in which the special assessment is proposed to be collected.
(C) The questions proposed to the eligible electors under sub-subparagraphs
(A) and (B) of this subparagraph (II) shall be submitted at a biennial election of the district, a general election, or any election to be held on the first Tuesday in November of an odd-numbered year. The action shall not take effect unless a majority of the eligible electors voting on the question at the election vote in favor thereof. Elections shall be held and conducted, and the results determined, in the manner provided by articles 1 to 13 of title 1, C.R.S. No district moneys may be used to urge or oppose passage of an election required under this section.
(d) (I) Subject to the limitations specified in part 3 of this article and
subparagraph (II) of this paragraph (d), to impose service charges for the availability or use of the facilities of the district, pledge service charge revenues for the payment of bonds, and enforce the collection of service charge revenues by civil action or by any other means provided by law.
(II) The power of the district to establish service charges is limited to the
areas within the counties of El Paso and Pueblo that are within the Fountain creek watershed management area.
(e) To obtain financial statements, appraisals, economic feasibility reports,
and valuations of any type pertaining to the facilities or any project or any related property;
(f) To deposit moneys of the district in any depository authorized in section
24-75-603, C.R.S.;
(g) To create special funds and accounts as a source of repayment for bonds,
including reserves required or desired for that purpose, or for payment of project acquisition, construction, operation, maintenance, or other related costs;
(h) To invest or deposit any district moneys in the manner provided by part 6
of article 75 of title 24, C.R.S., and to direct a corporate trustee that holds any district moneys to invest or deposit the moneys in investments or deposits other than those specified by said part 6 if the board determines, by resolution, that the investment or deposit meets the standard established in section 15-1-304, C.R.S., the income is at least comparable to income available on investments or deposits specified by said part 6, and the investment will assist the board in the financing, construction, operation, or maintenance of its projects or facilities;
(i) (I) Subject to the limitations set forth in subparagraph (II) of this
paragraph (i), until such time as the district has sufficient funding to operate independent of funding from the represented public bodies, to request from the represented public bodies appropriate staff, resources, and funding support. The represented public bodies may fund independent staff or pledge to support the district with their own employees or contribute funding in any manner deemed equitable and appropriate by the represented public bodies and the district.
(II) In accord with the state constitution or any charter of a represented
public body, performance of a represented public body's obligations under this article is expressly subject to annual appropriation of funds by the respective governing body of the public body. If sufficient moneys are not appropriated for performance of a public body's obligations under this article or appropriated funds cannot be expended due to applicable spending limitations, performance of the public body under this article shall be null and void by operation of law, and the public body shall thereafter have no liability for compensation or damages to any person in excess of the public body's authorized appropriation for the purposes of this article or the applicable spending limit, whichever is less. A represented public body shall notify all other represented public bodies and the district as soon as practicable in the event of nonappropriation or in the event a spending limitation becomes applicable.
(3) (a) The district has the following jurisdictional and land use powers:
(I) Within the corridor, to exercise full land use authority; and
(II) Outside of the corridor, but within the watershed management area, to
exercise advisory land use authority only; except that the district shall be entitled to receive notice from all represented public bodies and to provide comments to such represented public bodies regarding land use applications for projects located outside the corridor, but within the watershed management area, that, in the opinion of the applicable represented public body's planning director or planning director's designee, will have a direct or indirect impact on the Fountain creek watershed. Each represented public body shall send notice to the district identifying its planning director or designee. The district may request to review land use applications of any represented public body for projects located outside the corridor that may directly or indirectly impact the watershed.
(b) Throughout the watershed management area, including within the
corridor, the district has the authority to accept and manage funding for the management and construction of any stream improvement authorized by the represented public body or bodies with jurisdiction over the area in which the improvement will be located.
(4) The district has the following cooperative and miscellaneous powers:
(a) To provide for comprehensive planning and, where possible, coordinate
with all regional special purpose districts, regional multipurpose planning agencies, local and regional planning commissions, and other multijurisdictional political subdivisions operating wholly or partly within the district;
(b) To adopt a comprehensive program for the acquisition, construction,
operation, and maintenance of facilities;
(c) To establish, operate, and maintain facilities within the watershed
management area across or along any public street, highway, bridge, viaduct, or other public right-of-way, or in, upon, under, or over any vacant public lands that are or may become the property of a public body subject to first obtaining consent from the public body having jurisdiction over the same, which consent shall not be unreasonably withheld, but may be contingent upon reasonable conditions being met. The district shall cooperate with any public body having such jurisdiction, shall promptly restore any such street, highway, bridge, viaduct, or other public right-of-way to its former state of usefulness as nearly as may be, and shall not adversely affect the usefulness thereof.
(d) (I) To the extent consistent with the jurisdictional and land use authority
set forth in subsection (3) of this section, to adopt floodplain zoning resolutions and orders pertaining to properties within the watershed management area that affect the collection, channeling, impounding, or disposition of rainfall, other surface and subsurface drainage, or storm and flood waters as it deems necessary or convenient. If a district floodplain zoning resolution or order conflicts with a floodplain zoning resolution or order adopted by any other public body, the more restrictive resolution or order shall control.
(II) No district floodplain resolution or order shall be adopted or amended
except by action of the board after a public hearing held by the board at which any public body owning drainage and flood control infrastructure or otherwise exercising powers affecting drainage and flood control in the affected area, whether directly or through an enterprise, and other interested persons have an opportunity to be heard. The board shall provide mailed notice of the hearing to each such public body and shall also publish notice of the hearing for the benefit of other interested persons.
(e) To enter into cooperative or contractual agreements with any
government, as defined in section 29-1-202 (1), C.R.S., as authorized in section 29-1-203, C.R.S., concerning comprehensive planning or the provision of any function, service, or facility authorized by this article, including, but not limited to:
(I) Joint operating or service contracts and agreements; acquisition,
improvement, equipment, or disposal contracts; personnel sharing agreements; or other arrangements concerning personnel, any facilities, project, or related property or any similar property or equipment owned by the federal government or a public body; and
(II) Contracts and agreements for the provision and operation by the district
of any drainage, flood control, or recreational property or equipment related to facilities or projects of the district in exchange for compensation sufficient to defray the cost to the district of providing, operating, and maintaining the property or equipment;
(f) To do all things necessary to be qualified to accept and to accept
contributions or loans from the federal government for the purpose of financing the planning, acquisition, improvement, equipment, maintenance, and operation of any project or authorized activity of the district and to enter into contracts and cooperate with the federal government in the financing, planning, acquisition, improvement, equipment, maintenance, and operation of any such project or authorized activity in accordance with any applicable federal legislation under which aid, assistance, and cooperation may be furnished by the federal government;
(g) Subject to any limitations specified in this article or articles 1 to 7 of title
38, C.R.S., to enter upon any land to make surveys, borings, soundings, and examinations and to locate facilities, projects, roadways, and other rights-of-way pertaining to facilities and projects as needed to accomplish the purposes of the district;
(h) To mediate any differences arising among the represented public bodies
in connection with any facilities, project, or activity of the district; and
(i) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers granted in this article.
Source: L. 2009: Entire article added, (SB 09-141), ch. 194, p. 851, � 1,
effective April 30.
32-11.5-206. Approval of other infrastructure. (1) Subject to the limitations
specified in section 32-11.5-205 (3), on and after April 30, 2009, only the federal government may acquire or improve within the territorial limits of the watershed management area any drainage and flood control or recreational infrastructure, unless a proposal for the acquisition or improvement is reviewed by, and in the case of infrastructure within the corridor approved by, the board; except that a public body or other person may acquire or improve gutters and rainspouts attached to buildings or other structures; curbs and gutters appurtenant to streets, alleys, highways, and other rights-of-way; or a collection or secondary storm drainage system, as defined in the El Paso county drainage criteria manual or the Pueblo county drainage criteria manual, as applicable, or in any successor publications to either manual. If a public body or other person other than the federal government acquires or improves such infrastructure within the corridor without board review and approval, the board may order modification of the infrastructure to meet the reasonable specifications and other requirements of the district.
(2) (a) The board shall not approve a proposal for drainage, flood control, or
recreational infrastructure acquisition or improvement within the watershed management area unless the infrastructure to be acquired or improved appropriately complements or supplements facilities, both proposed and acquired, and is consistent with any comprehensive program for the acquisition and construction of facilities adopted by the district pursuant to section 32-11.
C.R.S. § 32-12-110
32-12-110. General powers. (1) The rail district shall be a body corporate and a political subdivision of the state, and the board has the following general powers:
(a) To have and use a corporate seal;
(b) To sue and be sued and be a party to suits, actions, and proceedings. The
provisions of the Colorado Governmental Immunity Act, article 10 of title 24, C.R.S., shall be applicable to any rail district, or employee thereof, formed under this article.
(c) To enter into contracts and agreements affecting the affairs of the rail
district and to accept all funds resulting therefrom pursuant to the provisions and limitations of part 2 of article 1 of title 29, C.R.S.;
(d) To contract with private persons, associations, or corporations for the
provision of any service related to the operations of the rail district within or without its boundaries and to accept all funds and obligations resulting therefrom;
(e) To borrow money and incur indebtedness and other obligations and to
evidence the same by certificates, notes, or debentures and to issue general obligation or revenue bonds, or any combinations thereof, in accordance with the provisions of this article;
(f) To refund any bonded or other indebtedness or special obligations of the
rail district without an election in accordance with the provisions and limitations of this article;
(g) To acquire, dispose of, and encumber real and personal property,
including, without limitation, rights and interests in property, including leases and easements, necessary to accomplish the purposes of the rail district;
(h) To acquire, construct, equip, operate, rehabilitate, and maintain those rail
facilities as authorized in section 32-12-108 to accomplish the purposes of the rail district;
(i) To operate such acquired facility itself or subcontract such operation to a
private or common carrier;
(j) To have the management, control, and supervision of all the business
affairs and properties of the rail district;
(k) To hire and retain agents, employees, engineers, attorneys, and financial
or other consultants and to provide for the powers, duties, and qualifications thereof;
(l) To construct, establish, and maintain works and facilities in, across, or
along any easement dedicated to a public use, or any public street, road, or highway, subject to the provisions of section 32-12-111, and in, upon, or over any vacant public lands, which public lands are now, or may become, the property of the state of Colorado, and to construct, establish, and maintain works and facilities in, across, or along any stream of water or watercourse; however, in the exercise of such powers, the rail district shall not displace or force the relocation of public utility facilities except by agreement between the district and the public utility;
(m) To provide for the revenues needed to finance the rail district, subject to
the limitations of this article; to fix and from time to time increase or decrease and to collect rates, fees, tolls, and other service charges pertaining to the services of the rail district, including without limitation minimum charges and charges for availability of the facilities or services relating thereto; to pledge such revenues for the payment of securities; and to enforce the collection of such revenues by civil action or by any other means authorized by law;
(n) To adopt and amend bylaws setting forth rules of procedure for the
conduct of its affairs and providing for the administrative organization and structure of the rail district, consistent with this article;
(o) To adopt by resolution regulations not inconsistent with state law which
are necessary, appropriate, or incidental to any authorized service provided by the rail district. Said regulations shall be compiled and kept by the secretary so as to be readily available for public inspection.
(p) To appoint citizen advisory committees to assist and advise with respect
to services and powers of the rail district;
(q) To accept on behalf of the rail district gifts, grants, and conveyances
upon such terms and conditions as the board may approve;
(r) To have and exercise all rights and powers necessary to or implied from
the powers granted in this article.
Source: L. 82: Entire article added, p. 510, � 1, effective April 23.
C.R.S. § 32-17-107
32-17-107. Service plan required - contents - action on plan. (1) Persons proposing the organization of a mental health-care service district, except for a district that is contained entirely within the boundaries of a municipality and subject to the provisions of section 32-17-108, shall submit a service plan in accordance with the requirements of section 32-1-202 (1) and shall pay any fee required pursuant to section 32-1-202 (3).
(2) Notwithstanding the provisions of section 32-1-202 (2), the service plan for the
district shall contain the following information:
(a) A description of the proposed mental health services to be provided and the
persons who will be eligible to receive those services;
(b) Quality assurance measures;
(c) A financial plan showing how the proposed services are to be financed,
including the proposed operating revenue derived from sales taxes for the first budget year of the district, which shall not be materially exceeded except as authorized pursuant to section 32-1-207. All proposed indebtedness for the district shall be displayed together with a schedule indicating the year or years in which the debt is scheduled to be issued. The board of directors of the district shall notify the board of county commissioners or the governing body of the municipality, whichever is applicable, of any alteration or revision of the proposed schedule of debt issuance set forth in the financial plan.
(d) A map of the proposed district boundaries;
(e) If the district plans to construct facilities, a general description of the facilities
to be constructed and the standards of such construction, including a statement of how the facility and service standards of the proposed district are compatible with facility and service standards of any county or municipality within which all or any portion of the proposed district is to be located;
(f) If applicable, a general description of the estimated cost of acquiring or leasing
land or facilities, acquiring engineering, legal, and administrative services, initial proposed indebtedness and estimated proposed maximum interest rates and discounts, and other major expenses related to the organization and initial operation of the district;
(g) A description of any arrangement or proposed agreement with any political
subdivision for the performance of any services between the proposed district and such other political subdivision, and, if the form contract to be used is available, it shall be attached to the service plan;
(h) Information, along with other evidence presented at the hearing, satisfactory to
establish that each of the criteria set forth in section 32-1-203, if applicable, is met; and
(i) Such additional information as the board of county commissioners or the
governing body of the municipality, whichever is applicable, may require on which to base its findings pursuant to section 32-1-203.
(3) Except as provided in section 32-17-108, the board of county commissioners of
each county that has territory included within the proposed district shall constitute the approving authority for the proposed district and shall review any service plan filed by the petitioners of a proposed district in accordance with the provisions of section 32-1-203. The provisions of section 32-1-203 (3.5) shall not apply to a mental health-care service district proposed pursuant to this article.
Source: L. 2005: Entire article added, p. 1038, � 4, effective June 2.
C.R.S. § 32-19-106
32-19-106. Service plan required - contents - action on plan. (1) Persons proposing the organization of a district, except for a district that is contained entirely within the boundaries of a municipality and subject to the provisions of section 32-19-107, shall submit a service plan in accordance with the requirements of section 32-1-202 (1) and shall pay any fee required pursuant to section 32-1-202 (3).
(2) Notwithstanding the provisions of section 32-1-202 (2), the service plan for the
district shall contain the following information:
(a) (I) If the proposed district is a health assurance district, a description of the
proposed health services to be provided and the persons who will be eligible to receive those services; or
(II) If the proposed district is a health service district, a description of the proposed
facilities to be established, maintained, or operated;
(b) If the proposed district is a health assurance district, a description of the
proposed health services to be provided in conjunction with a health service district, if any, and if the proposed district is a health service district, a description of the proposed health services to be provided in conjunction with a health assurance district;
(c) Quality assurance measures;
(d) A financial plan showing how the proposed services are to be financed,
including the proposed operating revenue derived from sales taxes for the first budget year of the district, which shall not be materially exceeded except as authorized pursuant to section 32-1-207. All proposed indebtedness for the district shall be displayed together with a schedule indicating the year in which the debt is scheduled to be issued. The board of directors of the district shall notify the board of county commissioners of the county in which the district will be located or the governing body of the municipality in which the district will be located, whichever is applicable, of any alteration or revision of the proposed schedule of debt issuance set forth in the plan.
(e) A map of the proposed district boundaries;
(f) If the district plans to construct facilities, a general description of the facilities
to be constructed and the standards of such construction, including a statement of how the facility and service standards of the proposed district are compatible with facility and service standards of any county or municipality within which all or any portion of the proposed district is to be located;
(g) If applicable, a general description of the estimated cost of acquiring or leasing
land or facilities, acquiring engineering, legal, and administrative services, initial proposed indebtedness and estimated proposed maximum interest rates and discounts, and other major expenses related to the organization and initial operation of the district;
(h) A description of any arrangement or proposed agreement with any political
subdivision for the performance of any services between the proposed district and such other political subdivision, including the form contract to be used, if available;
(i) Information, along with other evidence presented at the hearing pursuant to
section 32-1-204, satisfactory to establish that each of the criteria set forth in section 32-1-203, if applicable, is met; and
(j) Such additional information as the board of county commissioners of the county
in which the district will be located or the governing body of the municipality in which the district will be located, whichever is applicable, may require on which to base its findings pursuant to section 32-1-203.
(3) Except as provided in section 32-19-107, the board of county commissioners of
each county that has territory included within the proposed district shall constitute the approving authority for the proposed district and shall review any service plan filed by the petitioners of a proposed district in accordance with the provisions of section 32-1-203. The provisions of section 32-1-203 (3.5)(a) shall not apply to a district proposed pursuant to this article.
Source: L. 2007: Entire article added, p. 1195, � 15, effective July 1.
C.R.S. § 32-21-105
32-21-105. Service plan required - contents - action on plan. (1) Persons proposing the organization of a district, except for a district that is contained entirely within the boundaries of a municipality and subject to section 32-21-106, shall submit a service plan in accordance with the requirements of section 32-1-202 (1) and shall pay any fee required pursuant to section 32-1-202 (3).
(2) Notwithstanding section 32-1-202 (2), the service plan for the district must
contain the following information:
(a) A description of the proposed early childhood development services to be
provided and the persons who will be eligible to receive those services;
(b) Quality assurance measures;
(c) A financial plan showing how the proposed services are to be financed,
including the proposed operating revenue derived from property taxes and sales and use taxes for the first budget year of the district, which shall not be materially exceeded except as authorized pursuant to section 32-1-207. All proposed indebtedness for the district must be displayed together with a schedule indicating the year or years in which the debt is scheduled to be issued. The board of directors of the district shall notify the board of county commissioners or the governing body of the municipality, whichever is applicable, of any alteration or revision of the proposed schedule of debt issuance set forth in the financial plan.
(d) A map of the proposed district boundaries;
(e) If the district plans to construct facilities, a general description of the facilities
to be constructed and the standards of such construction, including a statement of how the facility and service standards of the proposed district are compatible with facility and service standards of any county or municipality within which all or any portion of the proposed district is to be located;
(f) If applicable, a general description of the estimated cost of acquiring or leasing
land or facilities; the estimated costs of acquiring engineering, legal, and administrative services; the initial proposed indebtedness and estimated proposed maximum interest rates and discounts; and other major expenses related to the organization and initial operation of the district;
(g) A description of any arrangement or proposed agreement with any political
subdivision for the performance of any services between the proposed district and such other political subdivision, and, if the form contract to be used is available, it shall be attached to the service plan;
(h) Information, along with other evidence presented at the hearing, satisfactory to
establish that each of the criteria set forth in section 32-1-203, if applicable, is met; and
(i) Such additional information as the board of county commissioners or the
governing body of the municipality, whichever is applicable, may require on which to base its findings pursuant to section 32-1-203.
(3) Except as provided in section 32-21-106, the board of county commissioners of
each county that has territory included within the proposed district shall constitute the approving authority for the proposed district and shall review any service plan filed by the petitioners of a proposed district in accordance with section 32-1-203; except that section 32-1-203 (3.5)(a) does not apply to a district proposed pursuant to this article 21.
Source: L. 2019: Entire article added, (HB 19-1052), ch. 72, p. 260, � 6, effective
August 2.
C.R.S. § 32-22-102
32-22-102. Definitions. As used in this article 22, unless the context otherwise requires:
(1) Board means the board of directors of the district.
(2) Bond means any bond, note, interim certificate, contract, or other obligation of
the district authorized by and issued pursuant to this article 22.
(3) Construct or construction means the planning, designing, engineering,
acquisition, installation, construction, or reconstruction of a passenger rail system.
(4) District means the front range passenger rail district created in section 32-22-103.
(5) Front range means the area that comprises the district.
(6) Local government means a county, a city and county, a municipality, and any
other political subdivision of the state and does not include the state or any state department, division, or other agency.
(7) Metropolitan planning organization means a metropolitan planning
organization under the Federal Transit Act of 1998, 49 U.S.C. sec. 5301 et seq., as amended.
(8) Passenger rail station means a station on a passenger rail system where
trains stop so that passengers can board and get off of the trains and includes related or connected infrastructure and facilities.
(9) Passenger rail system means a rail system, including related or connected
infrastructure and facilities, that is used for passenger service and is competitive in terms of travel time with other modes of surface transportation within the district. A passenger rail system shall not be used to transport freight.
(10) Public-private partnership means an agreement between the district and one
or more private or public entities that provides for:
(a) Acceptance of a private contribution to the construction of all or a portion of a
passenger rail system in exchange for a public benefit concerning the system other than only a money payment;
(b) Sharing of resources and the means of constructing all or a portion of a
passenger rail system; and
(c) Cooperation in researching, developing, constructing, operating, or maintaining
all or a portion of a passenger rail system.
(11) Regional planning commission means a regional planning commission formed
under section 30-28-105 that prepares and submits a transportation plan pursuant to section 43-1-1103.
(12) Regional transportation district means the regional transportation district
created in section 32-9-105.
Source: L. 2021: Entire article added, (SB 21-238), ch. 401, p. 2656, � 1, effective
June 30.
C.R.S. § 32-22-105
32-22-105. Board of directors - powers and duties. (1) (a) Except as otherwise specifically provided in this article 22, the board, acting by a majority vote of a quorum of its voting directors shall exercise and perform all powers, privileges, and duties vested in or imposed upon the district pursuant to this article 22. The board may delegate any of its powers to its officers and employees; except that, to ensure that the public interest is represented in policy decisions, the board shall not delegate any of the following:
(I) Adoption of board policy and procedures;
(II) Approval of passenger rail routes and station locations with collaboration of
local governments, as provided in section 32-22-106 (1)(h), with respect to specific locations;
(III) Ratification of land acquisition by negotiated sale;
(IV) Institution of an eminent domain action, which must be at a public hearing;
(V) Initiating or continuing legal action;
(VI) Establishment of fares and other user fee policies;
(VII) Referral of ballot issues seeking voter approval for the district to levy taxes or
issue or refinance bonds; and
(VIII) The power to enter into intergovernmental agreements and contracts for
public-private partnerships.
(b) The board shall promulgate and adhere to policies and procedures that govern
its conduct and provide meaningful opportunities for public input. The policies must include standards and procedures for calling an emergency meeting.
(2) In addition to all other powers of the district granted by this article 22 to be
exercised by the board on behalf of the district, the board has the following powers:
(a) To elect a chairperson and vice-chairperson from among its membership;
(b) To adopt bylaws;
(c) To fix the time and place of its meetings and, consistent with the provisions of
part 4 of article 6 of title 24, the method of providing notice of the meetings;
(d) To make and pass orders and resolutions necessary for the government and
management of the affairs of the district and the execution of the district's powers and duties;
(e) To adopt and use a seal;
(f) To maintain offices at any place or places within the district that it may
designate;
(g) To appoint, hire, retain, and terminate employees, agents, engineers, attorneys,
accountants, auditors, financial advisers, investment bankers, and other professional consultants;
(h) To prescribe methods for auditing and allowing or rejecting claims and
demands; for the letting of contracts for the construction of improvements, works, or structures; for the acquisition of equipment; or for the performance or furnishing of labor, materials, or supplies that may be required to carry out the purposes of this article 22; and
(i) To appoint subcommittees of the board and advisory committees and define the
duties of such subcommittees and advisory committees.
Source: L. 2021: Entire article added, (SB 21-238), ch. 401, p. 2663, � 1, effective
June 30. L. 2024: IP(1)(a) and (1)(a)(VIII) amended, (HB 24-1012), ch. 126, p. 421, � 3, effective August 7.
C.R.S. § 32-4-405
32-4-405. Board of directors. (1) All powers, privileges, and duties vested in or imposed upon any district incorporated under this part 4 shall be exercised and performed by and through a board of directors; but the exercise of any executive, administrative, and ministerial powers may be by said board of directors delegated and redelegated to any of the offices created or by the board of directors acting under this part 4.
(2) The board of directors shall consist of one member from each
municipality which is within the boundaries of the district for each twenty-five thousand of population in the municipality, plus one member for each additional twenty-five thousand of population, or fraction thereof, from any municipality or unincorporated territory, which population shall be based upon the latest census. A board member from a municipality shall be appointed by the governing body of the municipality. A board member from unincorporated territory shall be appointed by the board of county commissioners of the county in which the unincorporated territory is located, but not more than one board member shall be appointed for each twenty-five thousand or fraction thereof of population within the unincorporated territory within the district in any one county. Board members shall be eligible electors residing within the district and within the municipality or unincorporated territory from which they are appointed.
(3) The term of each member shall be two years, except that the terms of the
members of the first board of directors shall be adjusted so that the terms of one-half the members shall expire one year after their appointment. At the first meeting of the board of directors of a newly formed district, the directors shall determine by lot which shall serve for one year terms and which shall serve for two year terms. At the expiration of a director's term a new appointment shall be made by the appropriate governing body and any member may be appointed to succeed himself.
(4) A change of residence of a member of the board of directors to a place
outside the area which the member represents shall automatically create a vacancy on the board of directors as to that area. Vacancies which may occur on the board of directors through death or resignation of one of the members or for any other reason shall be filled in the same manner as original members.
(4.5) Each member of the board may receive as compensation for his
services a sum not to exceed nine hundred sixty dollars per annum, payable at a rate not to exceed thirty-five dollars per meeting.
(5) The board of directors has the following powers:
(a) To fix the time and place at which its regular meetings shall be held; to
provide for the calling and holding of special meetings; and to organize, adopt bylaws and rules for procedure, and select a chairman and pro tem chairman. Notice of the time and place designated for all regular meetings shall be posted in at least three public places within the limits of the district, and, in addition, one such notice shall be posted in the county courthouse in the county or counties in which the district is located. Such notices shall remain posted and shall be changed in the event that the time or place of such regular meetings is changed. Special meetings may be called by any officer or member of the board by informing the other members of the date, time, and place of such special meeting, and the purpose for which it is called, and by posting as provided in this section at least three days previous to said meeting. All business of the board shall be conducted only during said regular or special meetings, and all said meetings shall be open to the public. All special and regular meetings of the board shall be held at locations which are within the boundaries of the district or which are within the boundaries of any county in which the district is located, in whole or in part, or in any county so long as the meeting location does not exceed twenty miles from the district boundaries. The provisions of this paragraph (a) governing the location of meetings may be waived only if the following criteria are met:
(I) The proposed change of location of a meeting of the board appears on the
agenda of a regular or special meeting of the board; and
(II) A resolution is adopted by the board stating the reason for which a
meeting of the board is to be held in a location other than under the provisions of this paragraph (a) and further stating the date, time, and place of such meeting.
(b) To make and pass resolutions and orders not repugnant to the
constitution of the United States or of the state of Colorado, or to the provisions of this part 4, necessary for the government and management of the affairs of the district for the execution of the powers vested in the district and for carrying into effect the provisions of this part 4. On all resolutions the roll shall be called and the ayes and noes recorded. Resolutions and orders may be adopted by viva voce vote but on demand of any member the roll shall be called. No resolution shall be adopted unless it has been introduced and discussed at a meeting previous to the time of such adoption.
(c) All resolutions, as soon as may be after their passage, shall be recorded
in a book kept for that purpose and be authenticated by the signature of the presiding officer of the board of directors and the clerk. All resolutions shall be published in the official newspaper within ten days of date of passage and adoption and shall become effective upon the date of publication.
(d) No business shall be transacted unless a quorum of two-thirds of the
total membership of a board of directors is present at a regular or special meeting; except that concerning all questions involving inclusion or exclusion of territories, or authorizing any expenditures in excess of ten thousand dollars, a majority vote of the entire membership shall be required.
(e) To fix the location of the principal place of business of the district and the
location of all offices and departments maintained under this part 4;
(f) To prescribe by resolution a system of business administration and to
create all necessary offices, and to establish and reestablish the powers and duties and compensation of all officers and employees and to require and fix the amount of all official bonds necessary for the protection of the funds and property of the district;
(g) To delegate and redelegate, by resolution, to officers of the district,
power to employ clerical, legal, and engineering assistance and labor, and under such conditions and restrictions as shall be fixed by the directors, power to bind the district by contract;
(h) To prescribe a method of auditing and allowing or rejecting claims and
demands and a method for the letting of contracts on a fair and competitive basis for the construction of works, structures, or equipment, or the performance or furnishing of labor, materials, or supplies as required for the carrying out of any of the purposes of this part 4; but in cases where the amount involved is ten thousand dollars or more, the board of directors shall provide for the letting of contract to the lowest responsible bidder, after publication in the official newspaper of notices inviting bids, subject to the right of said board to reject any and all proposals;
(i) To constitute and appoint an official newspaper to be used for the official
publications of the district, but nothing in this part 4 shall prevent the board from directing publication in additional newspapers where public necessity may so require.
(6) Whenever the board of directors of the district is required by the
provisions of this part 4 to determine the validity of a petition for inclusion and exclusion, the determination of such board shall be final and conclusive.
Source: L. 55: p. 582, � 5. CRS 53: � 89-13-5. L. 61: p. 518, � 5. L. 63: p. 690, �
- C.R.S. 1963: � 89-13-5. L. 70: p. 279, � 73. L. 77: (4.5) added, p. 1502, � 50, effective July 15. L. 90: (5)(a) amended, p. 1497, � 5, effective July 1. L. 92: (2) and (4) amended, p. 891, � 131, effective January 1, 1993.
C.R.S. § 32-4-406
32-4-406. Powers of districts. (1) Any district has the following powers:
(a) To have perpetual existence;
(b) To have and use a corporate seal;
(c) To sue and be sued and be a party to suits, actions, and proceedings;
(d) To enter into contracts and agreements affecting the affairs of the
district, including but not limited to contracts with the United States and the state of Colorado and any of their agencies or instrumentalities;
(e) To borrow money and incur indebtedness and to issue bonds and other
evidence of the indebtedness; but no indebtedness shall be created in excess of the revenue which may reasonably be expected to be available to the district for the repayment thereof in the fiscal year in which the indebtedness is to be created without first submitting, at an election held for that purpose, the proposition of creating the indebtedness. Any election may be held separately or may be held jointly or concurrently with any primary or general election held under the laws of the state of Colorado. The resolution calling the election shall recite the objects and purposes for which the indebtedness is proposed to be incurred, the amount of principal of the indebtedness, the maximum net effective interest rate to be paid on such indebtedness, and the terms of repayment. The resolution shall also designate the date upon which such election shall be held and the form of the ballot. The election shall be held and conducted as provided in articles 1 to 13 of title 1, C.R.S.
(f) To purchase, trade, exchange, acquire, buy, sell, and otherwise dispose of
and encumber real and personal property, water, water rights, water works and plants, and any interest therein, including leases and easements;
(g) To refund any bonded indebtedness of the district without an election.
The terms and conditions of refunding bonds shall be substantially the same as those of an original issue of bonds.
(h) In addition to all other means of providing revenue, as provided in this
part 4, to levy and collect ad valorem taxes on and against all taxable property within the district. The board of directors, in each year, shall determine the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which shall not exceed six mills which, when levied upon every dollar of the valuation for assessment of taxable property within the district and with other revenue, will raise the amount required by the district annually to supply funds for the constructing, operating, and maintaining of the works and equipment of the district and promptly to pay in full, when due, all interest on and principal of bonds and other obligations of the district, and in event of accruing defaults or deficiencies an additional levy may be made. The board of directors, in accordance with the schedule prescribed by section 39-5-128, C.R.S., shall certify to the board of county commissioners of each county wherein the district has any territory the rate so fixed, with directions that, at the time and in the manner required by law for levying taxes for other purposes, such board of county commissioners shall levy such tax upon the valuation for assessment of all taxable property within the district, in addition to such other taxes as may be levied by such board of county commissioners.
(i) To hire and retain agents, employees, engineers, and attorneys;
(j) To have and exercise the power of eminent domain and, in the manner
provided by law for the condemnation of private property for public use, to take any property necessary to exercise the powers granted in this part 4, either within or without the district. In exercising the power of eminent domain, the procedure established and prescribed in articles 1 to 7 of title 38, C.R.S., shall be followed.
(k) To construct and maintain works and establish and maintain facilities
within or without the district, across or along any public street or highway, or in, upon, under, or over any vacant public lands, which public lands are the property of the state of Colorado, or across any stream of water or watercourse; except that the district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to completely or unnecessarily impair the usefulness thereof;
(l) To fix and, from time to time, increase or decrease water rates and to
pledge such revenue for the payment of any indebtedness of the district;
(m) To sell developed water subject to conditions determined by the board
for domestic, municipal, irrigation, and industrial uses at a rate to be determined as fair and reasonable in accordance with recognized and established principles of rate determination;
(n) To appropriate revenues for the purpose of carrying on investigations and
searches for the determination of potential sources of water, surface and subsurface;
(o) To invest any surplus money in the district treasury, including such money
in any sinking fund established for the purpose of retiring bonds, not required for the immediate necessities of the district in securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S., and such investment may be made by direct purchase of any such securities at the original sale of the same or by the subsequent purchase of such securities. Any securities thus purchased and held may, from time to time, be sold and the proceeds reinvested in securities, as provided in this section. Sales of any securities thus purchased and held shall, from time to time, be made in season so that the proceeds may be applied to the purposes for which the money with which the securities were originally purchased was placed in the treasury of the district.
(p) To manufacture and sell electrical power to public and private
corporations, as incidental to the foregoing purposes;
(q) To deposit moneys of the district not then needed in the conduct of
district affairs in any depository authorized in section 24-75-603, C.R.S. For the purpose of making such deposits, the board of directors may appoint, by written resolution, one or more persons to act as custodians of the moneys of the district. Such persons shall give surety bonds in such amounts and form and for such purposes as the board requires.
Source: L. 55: p. 584, � 6. CRS 53: � 89-13-6. C.R.S. 1963: � 89-13-6. L. 77:
(1)(e) and (1)(h) amended, p. 1503, � 51, effective July 15. L. 79: (1)(q) added, p. 1624, � 34, effective June 8. L. 89: (1)(o) amended, p. 1118, � 36, effective July 1. L. 92: (1)(e) amended, p. 891, � 132, effective January 1, 1993.
C.R.S. § 32-4-502
32-4-502. Definitions. As used in this part 5, unless the context otherwise requires:
(1) Acquisition or acquire means the purchase, construction,
reconstruction, lease, gift, transfer, assignment, option to purchase, grant from the federal government, from any public body, or from any person, endowment, bequest, devise, installation, condemnation, other contract, or other acquirement, or any combination thereof, of facilities, other property, any project, or an interest therein authorized in this part 5.
(2) Board of directors or board means the board of directors of a
metropolitan sewage disposal district.
(3) Clerk means that official of a municipality or a district who performs
duties ordinarily performed by a city clerk, town clerk, or a secretary of a corporation.
(4) Compensating reservoir means the structures, facilities, and
appurtenances for the impounding, transportation, and release of water for the replenishment or replacement in periods of drought or at other necessary times of all or a part of waters in or bordering the state diverted into any sewer, sewer system, intercepting sewer, or sewage disposal system appertaining to a district.
(5) Condemnation or condemn means the acquisition by the exercise of
the power of eminent domain of property for any facilities, other property, project, or an interest therein, authorized in this part 5. A district may exercise in the state the power of eminent domain, either within or without the district, and in the manner provided by law for the condemnation of private property for public use may take any property necessary to carry out any of the objects or purposes hereof, whether such property is already devoted to the same use by any municipality or other public body or otherwise, and may condemn any existing works or improvements used in the district. The power of eminent domain vested in the board shall include the power to condemn, in the name of the district, either the fee simple or any lesser estate or interest in any real property which the board by resolution determines is necessary for carrying out the purposes of this part 5. A district shall not abandon any condemnation proceedings subsequent to the date upon which it has taken possession of the property being acquired. In the event the construction of any sewage disposal system or project authorized in this part 5, or any part thereof, makes necessary the removal and relocation of any public utilities, whether on private or public right-of-way, the district shall reimburse the owner of such public utility facility for the expense of such removal and relocation, including the cost of any necessary land or rights in land.
(6) Cost or cost of any project, or words of similar import mean in addition
to the usual connotations thereof, the cost of acquisition or improvement and equipment of all or any part of a sewage disposal system and of all or any property, rights, easements, privileges, agreements, and franchises deemed by the district to be necessary or useful and convenient therefor or in connection therewith, including interest or discount on bonds, cost of issuance of bonds, engineering and inspection costs, and legal expenses, cost of financial, professional, and other estimates and advice, contingencies, any administrative, operating, and other expenses of the district prior to and during such acquisition or improvement and equipment, and additionally during a period of not exceeding one year after the completion thereof, as may be estimated and determined by the board in any resolution authorizing the issuance of any securities or other instrument appertaining thereto or in any contract with any municipality, or otherwise, and all such other expenses as may be necessary or incident to the financing, acquisition, improvement, equipment, and completion of said sewage disposal system or part thereof and the placing of the same in operation, and also such provision or reserves for working capital, operation, maintenance, or replacement expenses or for payment or security of principal of or interest on any securities during or after such acquisition or improvement and equipment as the district may determine, and also reimbursements to the district or any municipality or person of any moneys theretofore expended for the purposes of the district or to any municipality or other public body or the federal government of any moneys theretofore expended for or in connection with sanitation facilities.
(7) Disposal or dispose means the sale, destruction, razing, loan, lease,
gift, grant, transfer, assignment, mortgage, option to sell, other contract, or other disposition, or any combination thereof, of facilities, other property, any project, or an interest therein authorized in this part 5.
(8) District means a metropolitan sewage disposal district formed under
the provisions of this part 5 or as changed from time to time. A district formed under this part 5 shall not be considered a political subdivision for the purposes of section 8-3-104 (12), C.R.S.
(9) Engineer means any engineer regularly employed by the district or any
competent engineer or firm or association of engineers employed by the district in connection with any facility, property, project, or power authorized in this part 5.
(10) Equipment or equip means the furnishing of all necessary or
desirable, related or appurtenant, machinery and other facilities, or any combination thereof, appertaining to any property, project, or interest therein authorized in this part 5.
(11) Executive means the chief executive elected official of a municipality
as defined in subsection (19) of this section by whatever name he may be designated.
(12) Federal government means the United States, or any agency,
instrumentality, or corporation thereof.
(13) Governing body means the city council of a city or of a city and county,
the board of trustees of an incorporated town, the board of directors of a sanitation district or of a water and sanitation district, or the governing body of any other municipality by law authorized to impose the obligations contemplated by this part 5, regardless of how the governing body may be designated.
(14) Herein, hereby, hereunder, hereof, hereto, hereinabove,
hereinbefore, and hereinafter refer to this metropolitan sewage disposal district law and not solely to the particular portion thereof in which such word is used.
(15) Improvement or improve means the extension, betterment,
alteration, reconstruction, replacement, repair, or other improvement, or any combination thereof, of facilities, other property, any project, or an interest therein authorized in this part 5.
(16) Industrial wastes means liquid or other wastes resulting from any
process of industry, manufacture, trade, or business or from the development of any natural resource.
(17) Intercepting sewer is considered as only such sewer and
appurtenances thereto as may be necessary to intercept and transport the outfalls from the sewer systems of the municipalities included within the boundaries of the district.
(18) Metropolitan sewage disposal district means a district organized
under this part 5 either as originally organized or as changed from time to time.
(19) Municipality means a city, a city and county, an incorporated town, a
sanitation district, or a water and sanitation district, and any other political subdivision or public entity created under the laws of the state of Colorado having specific boundaries within which it is authorized to provide sewer service for the area within its boundaries, other than a metropolitan sewage disposal district.
(20) Ordinance means the formal action taken by a governing body, as
defined in subsection (13) of this section, whether it is in the form of an ordinance, resolution, or other form.
(21) Person means any individual, association, corporation, or the federal
government, or any public body other than a municipality, and excluding a district.
(22) Pollution or pollute means the condition of water resulting from the
introduction therein of substances of a kind and in quantities rendering it detrimental or immediately or potentially dangerous to the public health, or unfit for public or commercial use.
(23) Project means any public structure, facility, or undertaking or sewage
disposal system which a district is authorized in this part 5 to acquire, improve, equip, maintain, and operate. A project may consist of all kinds of personal and real property. Any project of a district shall appertain to a sewage disposal system as defined in subsection (31) of this section and authorized by this part 5.
(24) Property means real property and personal property.
(25) Public body means the state of Colorado, or any agency,
instrumentality, or corporation thereof, or any county, municipality, or other city or town, or other type of quasi-municipal district, or any other political subdivision of the state, excluding a metropolitan sewage disposal district and excluding the federal government.
(26) Publication means three consecutive weekly publications in at least
one newspaper having general circulation in the district. It shall not be necessary that an advertisement be made on the same day of the week in each of the three weeks, but not less than fourteen days, excluding the day of first publication but including the day of the last publication, shall intervene between the first publication and the last publication, and publication shall be complete on the date of the last publication.
(27) Real property means:
(a) Land, including land under water;
(b) Buildings, structures, fixtures, and improvements on land;
(c) Any property appurtenant to or used in connection with land;
(d) Water and water rights appertaining to any project;
(e) Every estate, interest, privilege, easement, franchise, and right in land,
legal or equitable, including, without limiting the generality of the foregoing, rights-of-way, terms for years, and liens, charges or encumbrances by way of judgment, mortgage, or otherwise, and the indebtedness secured by such liens.
(28) Securities means any bonds, interim receipts or certificates, warrants,
debentures, notes, or other obligations of a district or any public body appertaining to any project, or interest therein, authorized in this part 5, or otherwise.
(29) Service charges are the rents, rates, fees, tolls, or other charges for
direct or indirect connection with, or the use or services of, a sewage disposal system or sewer system, as more specifically provided in section 32-4-522 and elsewhere in this part 5.
(30) Sewage means the water-carried wastes created in and carried, or to
be carried, away from residences, hotels, apartments, schools, hospitals, industrial establishments, or any other public or private building, together with such surface or groundwater and industrial wastes as are present.
(31) Sewage disposal system includes any one or all or any combination of
the following: Any sewage treatment plant, sewage treatment works, sewage disposal facilities, connections and outfalls, intercepting sewers, outfall sewers, force mains, conduits, pipelines, water lines, pumping and ventilating plants or stations, compensating reservoirs, other plants, structures, facilities, equipment, and appurtenances useful or convenient for the interception, transportation, treatment, purification, or disposal of sewage, liquid wastes, solid wastes, night soil, and industrial wastes, and all necessary lands, interest in lands, easements, and water rights.
(31.5) Sewer connection means any physical connection to a sewage
disposal system or sewer system, whether direct or indirect, of a residence building, dwelling, dwelling unit, or other building, including individual units of multiple unit dwellings such as condominiums, townhouses, multiplexes, and apartment buildings.
(32) Sewer system means a system provided by a municipality to provide
sewer service to its inhabitants to the point of its connection with a sewage disposal system as defined in subsection (31) of this section which intercepts, receives, transports, treats, and disposes of the outfalls from such sewer systems.
(32.5) Single-family equivalent means the capacity of sewer service or
water service required for a single-family household. For a multiple unit dwelling, each single-family household within such a dwelling shall be considered as having one single-family equivalent.
(33) State means the state of Colorado, or any agency, instrumentality, or
corporation thereof.
(34) Taxation or tax means general ad valorem taxes.
(35) Taxpaying elector and eligible elector of a district have the
meanings, respectively, as specified in section 32-1-103; except that, to qualify as a taxpaying elector or as an eligible elector for the purposes of this part 5, a person must also be a resident of a municipality, as defined in subsection (19) of this section.
Source: L. 60: p. 162, � 12. CRS 53: � 89-15-2. L. 62: pp. 180, 182, �� 1, 2.
C.R.S. 1963: � 89-15-2. L. 70: p. 286, � 84. L. 81: (31.5) and (32.5) added, p. 1637, � 1, effective May 18; (35) amended, p. 1624, � 24, effective July 1. L. 92: (35) amended, p. 894, � 137, effective January 1, 1993.
C.R.S. § 32-4-509
32-4-509. Board of directors. (1) All powers, rights, privileges, and duties vested in or imposed upon any district organized under this part 5 shall be exercised and performed by and through a board of directors; but the exercise of any executive, administrative, and ministerial powers may be, by said board of directors, delegated and redelegated to officials and employees of the district; and the board of directors is authorized to create an executive committee of the board of directors and to delegate to such committee all of such power and authority to act on behalf of the district as the district board may determine by resolution or in the bylaws of the district.
(2) (a) The members of the board from each municipality shall be appointed
by the executive of each such municipality with the approval of the governing body of such municipality. In districts having eleven or more member municipalities, the board shall consist of one member from each municipality included within the district for each seventy-five thousand of population, or fraction thereof, in such municipality, plus one member for each additional seventy-five thousand of population, or fraction thereof, in any such municipality; except that no municipality shall be entitled to more than one-half of the total membership or representation upon the board; and further except that any municipality that has fifty percent or more of the total population of the district shall have one-half of the total membership or representation on the board. In districts having ten or less member municipalities, the board shall consist of one member from each municipality included within the district, plus two additional members for any municipality having fifty percent of the total district population, plus one additional member for any municipality having eighty percent of the total district population.
(b) In determining population for the purpose of apportioning and
reapportioning representation on the board of directors of the district, the population of a city or of a city and county or of an incorporated town shall be the latest estimate made by the division of planning.
(c) For the purpose of apportioning or reapportioning representation on the
board of directors, the population of a sanitation district, water and sanitation district, or other political subdivision shall be determined by the governing body thereof by multiplying by 2.8 either the number of single-family equivalent water taps or the number of single-family equivalent sewer connections within the said water and sanitation district or other political subdivision or by multiplying by 2.8 the number of single-family equivalent sewer connections within the said sanitation district.
(d) The representation on the board shall be reapportioned every four years
after the creation of a district in the month in which the division of local government in the department of local affairs issued a certificate of organization in the year of the district's organization upon the basis set forth in this subsection (2).
(e) After a district is organized, the inclusion thereafter of additional
municipalities within the district shall entitle the included municipalities to representation on the board of directors of the district on the same basis as other municipalities. Should the addition of such membership to the board result in a municipality which has fifty percent or more of the population of the district having less than fifty percent of the total membership or representation on the board of directors, that municipality's representation shall be increased simultaneously so that it shall have one-half of the total membership or representation on said board. This paragraph (e) shall not apply to districts having, after the addition of such municipality, ten or less municipalities.
(3) Board members shall be qualified electors who are qualified to vote at
general elections in this state and who reside within the district and within the municipality from which they are appointed. The term of each member shall be two years; except that the terms of the members of the first board of directors shall be adjusted so that the terms of one-half of the members shall expire one year thereafter. In each calendar year any term of office then terminating shall expire as soon as the incumbent's successor has been appointed and qualifies after the last day of the month next following the month in which the division of local government issued a certificate of organization in the year of the district's organization. At the first meeting of the board of a newly formed district, the directors shall determine by lot who shall serve for one-year terms and who shall serve for two-year terms. At the expiration of a director's term a new appointment shall be made by the appropriate executive, with the approval of the governing body, and any member may be appointed to succeed himself. The executive, at his discretion, may remove from office any member of the board representing his municipality and appoint a successor with the approval of the governing body.
(4) A change of residence of a member of a board of directors to a place
outside the area which he represents shall constitute an automatic resignation and shall create a vacancy on the board. Vacancies which occur on the board through death or resignation or by change of residence or for any other reason shall be filled in the same manner as original appointments.
(5) Upon the creation of a district the executive of each municipality within
the district shall appoint, with the approval of the governing body, the members of the board of directors of said district to which such municipality is entitled and the directors so appointed by the executive of the municipality which adopted the initiating ordinance shall fix a time and place for the first meeting of the members of the board of directors and shall cause each director to be given written notice thereof at least five days prior thereto.
(6) All special and regular meetings of the board shall be open to the public.
Such meetings shall be held at locations which are within the boundaries of the district or which are within the boundaries of any county in which the district is located, in whole or in part, or in any county so long as the meeting location does not exceed twenty miles from the district boundaries. The provisions of this subsection (6) governing the location of meetings may be waived only if the following criteria are met:
(a) The proposed change of location of a meeting of the board appears on
the agenda of a regular or special meeting of the board; and
(b) A resolution is adopted by the board stating the reason for which a
meeting of the board is to be held in a location other than under the provisions of this subsection (6) and further stating the date, time, and place of such meeting.
(7) The board of directors has the following powers:
(a) To fix the time and place, or places, at which its regular meetings shall be
held and shall provide for the calling and holding of special meetings; to adopt bylaws and rules for procedure; to select one of its members as chairman of the board and district, and another member as pro tem chairman of the board and district; and to choose a secretary and a treasurer of the board and district, each of which positions may be filled by a person who is a member of the board and both of which may be filled by one person;
(b) To make and pass resolutions and orders not repugnant to the provisions
of this part 5, necessary or proper for the government and management of the affairs of the district, for the execution of the powers vested in the district, and for carrying into effect the provisions of this part 5. On all resolutions and orders the roll shall be called and the ayes and noes recorded. All resolutions and orders, as soon as may be after their passage, shall be recorded in a book kept for that purpose and be authenticated by the signature of the presiding officer of the board of directors and the secretary. Every legislative act of the board or its executive committee of a general or permanent nature shall be by resolution. The book of resolutions and orders shall be a public record.
(c) Business of the board shall be transacted at a regular or special meeting
at which a quorum consisting of one-half of the total membership of the board of directors is present. Any action of the board shall require the affirmative vote of the majority of the directors present and voting, except when a weighted vote is conducted in accordance with the bylaws of the district, applicable resolutions of the board, or other laws or rules governing the procedures of the board. Questions involving inclusion or exclusion of territories or authorizing any expenditures in excess of fifty thousand dollars shall require the approval of a majority of the entire membership of the board. A majority of the entire membership of the board may authorize by resolution any project authorized in this part 5 and also thereby authorize expenditures from time to time appertaining to such project in excess of fifty thousand dollars approved by an affirmative vote of the majority of the directors present and voting at any subsequent meeting. A smaller number of directors than a quorum may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as the board may provide.
(d) To fix the location of the principal place of business of the district and the
location of all offices and departments maintained under this part 5;
(e) To prescribe by resolution a system of business administration and to
create all necessary offices, and to establish and reestablish the powers and duties and compensation of all officers and employees and to require and fix the amount of all official bonds necessary for the protection of the funds and property of the district;
(f) To prescribe a method of auditing and allowing or rejecting claims and
demands and a method for the letting of contracts on a fair and competitive basis for the construction of works, structures, or equipment, or the performance or furnishing of labor, materials, or supplies as required for the carrying out of any of the purposes of this part 5;
(g) To designate and appoint an official newspaper within each county in
which the district or any portion thereof is situated to be used for the official publications of the district; but nothing contained in this subsection (7) shall prevent the board from directing publication in additional newspapers where public necessity may so require. Any official newspaper so designated and appointed shall be one which is published within the district.
(h) To appoint, by written resolution, one or more persons to act as
custodians of moneys of the district for purposes of depositing such moneys as set forth in section 32-4-510 (1)(p). Such persons shall deposit, or cause to be deposited, all or part of such moneys in such depositories as shall be designated by the board and shall give surety bonds in such amounts and form and for such purposes as the board requires.
(8) Each member of the board shall receive as compensation for his or her
service a sum not in excess of three thousand dollars per annum, payable at a rate not to exceed seventy-five dollars for each regular or special meeting of the board or committee of the board attended by the member. No member of the board shall receive any compensation as an agent, employee, engineer, or attorney of the district.
(9) No member of the board, nor officer, employee, or agent of a district shall
be interested in any contract or transaction with the district except in his official representative capacity or as provided in his contract of employment with the district. Neither the holding of any office or employment in the government of any municipality or other public body of the federal government, nor the owning of any property within the state shall be deemed a disqualification for membership on the board or membership in or employment by a district, nor a disqualification for compensation for services as a member of the board or as an officer, employee, or agent of the district, except as provided in subsection (8) of this section.
Source: L. 60: p. 166, � 5. CRS 53: � 89-15-5. L. 62: p. 185, � 3. C.R.S. 1963: �
89-15-5. L. 65: p. 880, � 1. L. 70: p. 286, � 85. L. 71: pp. 975, 976, �� 1, 2, 3. L. 76: (2)(d) and (3) amended, p. 601, � 18, effective July 1. L. 77: (8) R&RE, p. 1505, � 55, effective July 15; (8) R&RE, p. 1521, � 1, effective January 1, 1978. L. 79: (7)(h) added, p. 1624, � 35, effective June 8. L. 81: (2)(a), (2)(c), and (8) amended, p. 1637, � 2, effective May 8; (2)(e) amended, p. 1637, � 2, effective May 18. L. 90: (6) amended, p. 1498, � 6, effective July 1. L. 2007: (2)(a), (2)(d), and (8) amended, p. 160, � 1, effective March 22. L. 2010: (7)(c) amended, (SB 10-053), ch. 22, p. 94, � 1, effective August 11.
C.R.S. § 32-4-510
32-4-510. Powers of the district. (1) Any district has the following powers:
(a) To have powers, privileges, immunities, rights, liabilities, no-rights,
disabilities, and duties appertaining to a public body politic and corporate constituting a quasi-municipal district and political subdivision of the state established as an instrumentality exercising public and essential governmental and proprietary functions to provide for the public health, safety, and general welfare; and to have perpetual existence and succession;
(b) To adopt, have, and use a corporate seal, and to alter the same at
pleasure;
(c) To sue and to be sued;
(d) To enter into contracts and agreements including but not limited to
contracts with the federal government and the state;
(e) To borrow money and to issue securities evidencing any loan to or amount
due by the district, to provide for and secure the payment of any securities and the rights of the holders thereof, and to purchase, hold, and dispose of securities, as provided in this part 5;
(f) To purchase, trade, exchange, lease, buy, sell, encumber, and otherwise
acquire and dispose of real and personal property and interests therein, including water and water rights;
(g) To refund any bonded indebtedness of the district without an election;
(h) In addition to all other means of providing revenue as provided in this
section, during the first five years of the district's existence, to levy general ad valorem taxes on all taxable property within the district; but the total tax levy for the five-year period shall not exceed an aggregate total of three-fourths of one mill. When the district, within said period of five years, has levied taxes to the total of three-fourths of one mill, or when the district has been organized for a full five-year period, whichever occurs first, the district shall have no further power to levy general ad valorem taxes. Nothing in this part 5 shall be construed as preventing the collection of the proceeds in full of any tax levies authorized in this part 5, including but not limited to any delinquencies, as provided in this paragraph (h) and paragraph (m) of this subsection (1), and in section 32-4-511. The board, if it desires to levy in any year all or any portion of the mill levy tax authorized in this paragraph (h), shall, in accordance with the schedule prescribed by section 39-5-128, C.R.S., certify to the body having authority to levy taxes within each county wherein the district has any territory the rate so fixed, in order that, at the time and in the manner required by law for the levying of taxes, such body having authority to levy taxes shall levy such tax upon the valuation for assessment of all taxable property within the district. The levy and collection of taxes shall be as provided in section 32-4-511.
(i) To hire and retain officers, agents, employees, engineers, attorneys, and
any other persons, permanent or temporary, necessary or desirable to effect the purposes hereof, to defray any expenses incurred thereby in connection with the district, and to acquire office space, equipment, services, supplies, fire and extended coverage insurance, use and occupancy insurance, workers' compensation insurance, property damage insurance, public liability insurance for the district and its officers, agents, and employees, and other types of insurance, as the board may determine. No provision in this part 5 authorizing the acquisition of insurance shall be construed as waiving any immunity of the district or any director, officer, or agent thereof, and otherwise existing under the laws of the state.
(j) To condemn property for public use;
(k) To acquire, hold, operate, maintain, equip, improve, and dispose of a
sewage disposal system and appurtenant works or any interest therein, wholly within the district, or partially within and partially without the district, and wholly within, wholly without, or partially within and partially without any public body all or any part of the area of which is situated within the district; to acquire and, subject to mortgages, deeds of trust, or other liens, or otherwise, to hold, operate, maintain, equip, improve, and dispose of property of every kind appertaining to any such sewage disposal system and any improvements thereto, and necessary or convenient to the full exercise of any power provided in this part 5; to pay or otherwise defray the cost of any project; to pay or otherwise defray and to contract so to pay or defray, without an election, the principal of, any interest on, and any other charges appertaining to any securities or other obligations of any municipality or person incurred in connection with any such property so acquired by the district; and to establish and maintain facilities within or without the district, across or along any public street, highway, bridge, viaduct, or other public right-of-way, or in, upon, under, or over any vacant public lands, which public lands are the property of the state, or across any stream of water or watercourse, without first obtaining a franchise from the municipality, county, or other public body having jurisdiction over the same, but the district shall cooperate with any public body having such jurisdiction, shall promptly restore any such street, highway, bridge, viaduct, or other public right-of-way to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to impair completely or unnecessarily the usefulness thereof;
(l) To fix and from time to time increase or decrease rates and charges to
municipalities within the district for the services provided by the district, including the power to fix and determine minimum charges and charges for availability of service; to pledge such revenue for the payment of any securities of the district; and to enforce the collection of such rates and charges by civil action or by any other means provided by law;
(m) To enforce the collection of rates and charges made by the district to
any municipality which fails to pay any such rates and charges within ninety days after said rates and charges become due and payable, in addition to the foregoing powers and not in limitation thereof, by an action in the nature of mandamus or other suit, action, or proceeding at law or in equity to compel the levy without limitation as to rate or amount by the governing body of the municipality and the collection of general ad valorem taxes on and against all taxable property within the municipality sufficient in amount to pay such delinquent rates and charges, together with the expenses of collection, including but not necessarily limited to reasonable penalties for delinquencies, interest on the amount due from any date due at a rate of not exceeding one percent per month, or fraction thereof, court costs, reasonable attorneys' fees, and any other costs of collection. Nothing in this part 5 shall be so construed as to prevent the governing body of any municipality from levying such taxes sufficient for the payment of such rates and charges as the same become due and payable, nor from applying therefor any other funds that may be in the treasury of the municipality and available for that purpose, whether derived from any rates and charges imposed for the use of or otherwise in connection with its sewer system or sewer facilities, or from any other source, and upon such payments being made, the general ad valorem tax levy provided in this part 5 may thereupon to that extent be diminished. Except to that extent, there shall be levied without limitation of rate or amount by the governing body of each municipality, in addition to all other taxes, direct annual general ad valorem taxes on all taxable property within the municipality sufficient in amount to pay said rates and charges of the district promptly as the same respectively become due. The levy and collection of taxes shall be as provided in section 32-4-511.
(n) To sell and otherwise dispose of any by-products resulting from the
operation and activities of the district;
(o) To appropriate revenues for the purpose of carrying on investigations and
research in the treatment and disposal of sewage and industrial wastes;
(p) To deposit any moneys of the district in any banking institution within or
without the state or in any depository authorized in section 24-75-603, C.R.S., and to invest any surplus money in the district treasury, including such money in any sinking fund established for the purpose of retiring any securities of the district, not required for the immediate necessities of the district in securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S., and such investment may be made by direct purchase of any such securities at the original sale of the same or by the subsequent purchase of such securities. Any securities thus purchased and held may be sold, from time to time, and the proceeds reinvested in securities, as provided in this paragraph (p). Sales of any securities thus purchased and held shall be made, from time to time, in season so that the proceeds may be applied to the purposes for which the money with which the securities were originally purchased was placed in the treasury of the district.
(q) To accept contributions or loans from the federal government for the
purpose of financing the planning, construction, maintenance, and operation of any enterprise in which the district is authorized to engage, and to enter into contracts and cooperate with, and accept cooperation from, the federal government in the planning, construction, maintenance, and operation, and in financing the planning, construction, maintenance, and operation, of any such enterprise in accordance with any legislation which congress may adopt, under which aid, assistance, and cooperation may be furnished by the federal government in the planning, construction, maintenance, and operation, or in financing the planning, construction, maintenance, and operation, of any such enterprise, including, without limiting the generality of the foregoing, costs of engineering, architectural, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action preliminary to the acquisition, improvement, or equipment of any project; and to do all things necessary in order to avail itself of such aid, assistance, and cooperation under any federal legislation enacted;
(r) (I) To enter, without an election, into joint operating or service contracts
and agreements, acquisition, improvement, or disposal contracts or other arrangements with any municipality or person concerning sewage facilities, sewers, sewer systems, intercepting sewers, project or sewage disposal systems, and any water and water rights appertaining thereto, whether acquired by the district or by any public body or other person, and to accept grants and contributions from any public body or other person in connection therewith; and when determined by the board to be in the public interest and necessary for the protection of the public health, to enter into and perform, without an election, contracts and agreements with any municipality or person for the provision and operation by the district of sewage facilities, sewers, sewer systems, intercepting sewers, and a project or sewage disposal system to abate or reduce the pollution of waters or other nuisance caused by discharges of sewage, liquid wastes, solid wastes, night soil, and industrial wastes by the municipality or person, and for the payment periodically by the municipality or person to the district of amounts at least sufficient, in the determination of the board, to compensate the district for the cost of providing, operating, and maintaining the sewage facilities, sewers, sewer system, intercepting sewers, project, or sewage disposal system serving such municipality or person.
(II) Subject to the rights and privileges of the holder or holders of any bonds
or other securities of the district, any such joint operating or service contract between the district and ten or more municipalities may be amended, from time to time, by written agreement, duly authorized and signed by representatives of two-thirds of the parties thereto. This subparagraph (II) shall apply to any existing as well as any future joint operating or service contract entered into with such municipalities.
(s) To enter into and perform, without an election, contracts and agreements
with any municipality or person for or concerning the planning, construction, lease, or other acquisition, operation, maintenance, improvement, equipment, disposal, and the financing of any project;
(t) To enter upon any land, to make surveys, borings, soundings, and
examinations for the purposes of the district, in order to locate the necessary works of any project and any roadways and other rights-of-way appertaining to any project authorized in this part 5; to acquire all property necessary for the acquisition or improvement of said works, including lands for compensating reservoirs, and all necessary appurtenances;
(u) To carry on technical and other investigations of all kinds, make
measurements, collect data, and make analyses, studies, and inspections pertaining to water supply, water rights, control of floods, and use of water, sewage facilities, and any project, both within and without the district;
(v) To have the right to provide from revenues or other available funds an
adequate fund for the improvement of a sewage disposal system or of any parts of the works and properties of the district;
(w) To prescribe and enforce reasonable rules and regulations for the
availability of service from, the connection with, the use of, and the disconnection from a sewage disposal system, any other facilities, project, or other property of the district authorized in this part 5, and the operation of a sewage disposal system and any sewer system;
(x) To make and keep records in connection with any project or otherwise
concerning the district;
(y) To arbitrate any differences arising in connection with any project or
otherwise concerning the district;
(z) To have the management, control, and supervision of all the business and
affairs appertaining to any project authorized in this part 5, or otherwise concerning the district, and of the acquisition, improvement, equipment, operation, and maintenance of any such project;
(aa) To prescribe the duties of officers, agents, employees, and other
persons, and fix their compensation, but the compensation of employees and officers shall be established at prevailing rates of pay for equivalent work;
(bb) To enter into contracts of indemnity and guaranty, in such form as may
be approved by the board, relating to or connected with the performance of any contract or agreement which the district is empowered to enter into under the provisions of this part 5 or of any other law of the state;
(cc) To provide, by any contract, without an election:
(I) For the joint use of personnel, equipment, and facilities of any district and
public bodies, including sewer systems, sewage disposal plants, and public buildings constructed by or under the supervision of the board of a district or the governing body of the public body concerned, upon such terms and agreements, and within such areas within the district, as may be determined, for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of the district and public bodies;
(II) For the joint employment of clerks, stenographers, and other employees
appertaining to any sewer system or sewage disposal system, or both, now existing or hereafter established in any district, upon such terms and conditions as may be determined for the equitable apportionment of the expenses therefrom resulting;
(dd) To obtain financial statements, appraisals, economic feasibility reports,
and valuations of any type appertaining to any project or any property pertaining thereto;
(ee) To adopt any resolution authorizing a project or the issuance of
securities, or both, or otherwise appertaining thereto, or otherwise concerning the district;
(ff) To make and execute a mortgage, deed of trust, indenture, or other trust
instrument appertaining to a project or to any securities authorized in this part 5, or to both, except as provided in paragraph (gg) of this subsection (1) and in section 32-4-524 (8);
(gg) To make all contracts, execute all instruments, and do all things
necessary or convenient in the exercise of the powers granted in this part 5, or in the performance of the district's covenants or duties, or in order to secure the payment of its securities, if no encumbrance, mortgage, or other pledge of property, excluding any money, of the district is created thereby, and if no property, excluding money, of the district is liable to be forfeited or taken in payment of said securities;
(hh) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers granted in this part 5. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this part 5.
(ii) To exercise all or any part or combination of the powers granted in this
part 5.
(jj) (I) For authorized inspectors of the district, upon presentation of proper
credentials, to enter and inspect at any reasonable time and in a reasonable manner, any property, premises, or place for the purpose of investigating any actual, suspected, or potential violations of the environmental protection agency's approved industrial pretreatment program pursuant to 40 CFR 403. The inspectors may obtain samples of wastewater. The district may furnish a copy of the results of any analysis of the sample to the owner, operator, or person in charge of the property, premises, or place.
(II) If the owner, operator, or person in charge of any property, premises, or
place denies entry or inspection, the district may obtain from the district court or county court for the judicial district or county in which such property, premises, or place is located, a warrant to enter and inspect the property, premises, or place. The district courts and county courts of the state may issue a warrant as specified in this subsection (1)(jj)(II) upon a district's proper showing of the need for entry and inspection.
Source: L. 60: p. 169, � 6. CRS 53: � 89-15-6. L. 62: pp. 188, 192, �� 4, 5.
C.R.S. 1963: � 89-15-6. L. 67: p. 535, � 8. L. 71: p. 1214, � 10. L. 77: (1)(h) amended, p. 1505, � 56, effective July 15. L. 79: (1)(p) amended, p. 1624, � 36, effective June 8. L. 81: (1)(r) amended, p. 1638, � 3, effective May 8. L. 89: (1)(p) amended, p. 1118, � 37, effective July 1. L. 90: (1)(i) amended, p. 572, � 66, effective July 1. L. 93: (1)(k), (1)(r)(I), (1)(s), and IP(1)(cc) amended, p. 21, � 2, effective March 4. L. 2024: (1)(jj) added, (HB 24-1062), ch. 71, p. 234, � 1, effective August 7.
C.R.S. § 32-4-527
32-4-527. Sale of securities. (1) Any securities authorized in this part 5, except for warrants not issued for cash, and except for interim receipts or certificates or temporary bonds issued pending preparation of definitive bonds, shall be sold at public or private sale for not less than the principal amount thereof and accrued interest, or at the board's option, below par at a discount not exceeding six percent of the principal amount thereof and at a price such that the net effective interest rate of the issue of securities does not exceed the maximum net effective interest rate authorized. For any securities the issuance of which does not require approval at an election pursuant to this part 5, the maximum net effective interest rate shall be established by the board prior to the time such securities are sold and issued.
(2) No discount, except as provided in this part 5, or commission shall be
allowed or paid on or for any security sale to any purchaser or bidder, directly or indirectly; but nothing contained in this part 5 shall be construed as prohibiting the board from employing legal, fiscal, engineering, and other expert services in connection with any project or facilities authorized in this part 5, and with the authorization, issuance, and sale of securities.
Source: L. 62: p. 210, � 14. C.R.S. 1963: � 89-15-26. L. 70: p. 288, � 90.
C.R.S. § 32-4-541
32-4-541. Preliminary expenses. (1) The district may provide for the payment of all necessary preliminary expenses actually incurred in the making of surveys, estimates of costs and revenues, the employment of engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the making of notices, taking of options, and all other expenses necessary or desirable to be made and paid prior to the authorization for or the issuance of such securities, and any other cost of any project.
(2) No such expenditures shall be made or paid unless an appropriation has
been budgeted and made therefor in the same manner as is required by law, or unless the proceeds of securities or other moneys are available to defray such expenses.
(3) Any funds so expended by the district for preliminary expenses incurred
in connection with the same purpose as that for which securities are issued may be fully reimbursed and repaid to the district out of the proceeds derived from the sale of such securities.
(4) The amount so advanced by the district to pay such preliminary expenses
may, by a resolution authorizing the issuance of such securities, be made a first charge against such security proceeds until the same has been repaid as provided in this part 5, and in such event said amount shall be paid therewith before any other disbursements are made therefrom.
Source: L. 62: p. 222, � 14. C.R.S. 1963: � 89-15-41.
C.R.S. § 32-7-113
32-7-113. General powers. (1) The service authority shall be a body corporate and a political subdivision of the state, and the board has the following general powers:
(a) To have and use a corporate seal;
(b) To sue and be sued and be a party to suits, actions, and proceedings; the
provisions of the Colorado Governmental Immunity Act, as set forth in article 10 of title 24, C.R.S., shall be applicable to any service authority formed under this article;
(c) To enter into contracts and agreements affecting the affairs of the
service authority and to accept all funds resulting therefrom pursuant to the provisions and limitations of part 2 of article 1 of title 29, C.R.S.;
(d) To contract with private persons, associations, or corporations for the
provision of any service within or without its boundaries and to accept all funds and obligations resulting therefrom;
(e) To borrow money and incur indebtedness and other obligations and to
evidence the same by certificates, notes, or debentures and to issue general obligation or revenue bonds, or any combinations thereof, in accordance with the provisions of this article;
(f) To refund any bonded or other indebtedness or special obligations of the
service authority without an election in accordance with the provisions and limitations of this article;
(g) To acquire, dispose of, and encumber real and personal property,
including, without limitation, rights and interests in property, including leases and easements, necessary to accomplish the purposes of the service authority;
(h) To acquire, construct, equip, operate, and maintain facilities to
accomplish the purposes of the service authority;
(i) To have the management, control, and supervision of all the business
affairs and properties of the service authority and in any case in which it acquires two or more facilities, the authority may use differential prices which reflect differential equities, liabilities, and operating costs for not exceeding thirty years;
(j) To hire and retain agents, employees, engineers, attorneys, and financial
or other consultants and to provide for the powers, duties, qualifications, and terms of tenure thereof;
(k) To have and exercise the powers of eminent domain to take any private
property necessary to the exercise of the powers granted, both within and without the service authority, in the manner provided by law for the condemnation of private property for public use;
(l) To construct, establish, and maintain works and facilities in, across, or
along any easement dedicated to a public use, or any public street, road, or highway, subject to the provisions of section 32-7-116, and in, upon, or over any vacant public lands, which public lands are now, or may become, the property of the state of Colorado, and to construct, establish, and maintain works and facilities in, across, or along any stream of water or watercourse;
(m) (I) To provide for the revenues and ad valorem taxes needed to finance
the service authority, subject to the limitations of this article, to fix and from time to time increase or decrease, and collect rates, fees, tolls, and other service charges pertaining to the services of the service authority, including without limitation minimum charges and charges for availability of the facilities or services relating thereto; to pledge such revenues for the payment of securities; and to enforce the collection of such revenues by civil action or by any other means authorized by law;
(II) To levy, collect, and cause to be collected ad valorem taxes and other
revenues, including rates, fees, tolls, and charges, fixed within the boundaries of any special taxing district within the service authority as provided in this article;
(III) To levy, collect, and cause to be collected special assessments fixed
against specially benefited real property in any improvement district within the service authority as provided in this article;
(n) To adopt and amend bylaws setting forth rules of procedure for the
conduct of its affairs and providing for the administrative organization and structure, including provisions for delegation of powers and functions of the service authority, consistent with section 17 of article XIV of the state constitution and with this article;
(o) To adopt by resolution, and enforce, pursuant to section 32-7-115,
regulations not inconsistent with state law which are necessary, appropriate, or incidental to any authorized service provided by the service authority;
(p) (I) To plan for the territory within the service authority, including the
review of all comprehensive plans of local governments located within the boundaries of the service authority;
(II) To review all capital construction or other federal grant-in-aid projects
proposed by any local governmental entity within the boundaries of the service authority and for which review is required by federal or state law;
(q) To appoint citizen advisory committees to assist and advise with respect
to services and powers of the service authority;
(r) To accept on behalf of the service authority gifts, grants, and
conveyances upon such terms and conditions as the board may approve;
(s) To have and exercise all rights and powers necessary or incidental to or
implied from the powers granted in this article.
Source: L. 72: p. 463, � 1. C.R.S. 1963: � 89-25-13.
C.R.S. § 32-8-107
32-8-107. Powers of department. (1) The department has power on behalf of said district:
(a) To employ a chief engineer, and such other engineers, assistants, and
employees as may be necessary, and to provide for their compensation;
(b) To secure the services of attorneys and provide for their compensation;
(c) To preserve, operate, and maintain, or contract for the preservation,
operation, and maintenance of the Moffat tunnel and its approaches and all necessary works incidental thereto; to equip and electrify the tunnel, its approaches and connections, and to construct and maintain power plants for the lighting, equipment, and electrifying of the tunnel, its approaches and connections;
(d) To enter into and execute all contracts, leases, and other instruments in
writing necessary or proper to the accomplishment of the purposes of this article;
(e) and (f) (Deleted by amendment, L. 96, p. 1050, � 5, effective May 23,
1996.)
(g) To adopt bylaws not in conflict with the constitution and laws of the
state, in carrying out the purposes of this article;
(h) To exercise all powers necessary and requisite for the accomplishment of
the purposes for which this district is organized and capable of being delegated by the general assembly of the state of Colorado; and no enumeration of particular powers granted shall be construed to impair any general grant of power contained in this article, nor to limit any such grant to powers of the same class as those so enumerated;
(i) To receive on behalf of the district aid or donations from any person or
corporation or from the United States government for the purpose of preserving, operating, or maintaining the tunnel and its approaches and equipment;
(j) To deposit moneys of the district that are not required to be transferred to
each of the counties of the district or to the city and county of Denver pursuant to section 32-8-124 and that are not needed in the conduct of district affairs in any depository authorized in section 24-75-603, C.R.S. For the purpose of making such deposits, the board may appoint, by written resolution, one or more persons to act as custodians of the moneys of the district. Such persons shall give surety bonds in such amounts and form and for such purposes as the board requires.
(k) (Deleted by amendment, L. 2002, p. 1071, � 3, effective August 7, 2002.)
Source: L. 22: p. 98, � 8. C.L. � 9597. CSA: C. 138, � 207. CRS 53: � 93-1-8.
C.R.S. 1963: � 93-1-8. L. 79: (1)(j) added, p. 1625, � 40, effective June 8. L. 94: (1)(k) added, p. 730, � 3, effective April 19. L. 96: (1) amended, p. 1050, � 5, effective May 23. L. 98: (1)(j) amended, p. 827, � 46, effective August 5. L. 2002: IP(1) and (1)(k) amended, p. 1071, � 3, effective August 7.
Cross references: For the legislative declaration contained in the 2002 act
amending the introductory portion to subsection (1) and subsection (1)(k), see section 1 of chapter 274, Session Laws of Colorado 2002.
C.R.S. § 32-9-103
32-9-103. Definitions. As used in this article 9, unless the context otherwise requires:
(1) Board means the board of directors of the district.
(2) Condemn or condemnation means the exercise by the district of the
power of dominant eminent domain or eminent domain, in the manner provided in articles 1 to 7 of title 38, C.R.S., to acquire mass transportation facilities and property, real or personal, or an interest therein, for the public use of the district.
(3) Director means a member of the board.
(3.5) Director district means that area within the district which is
represented by one director.
(3.7) Discovery means physical discovery of an undocumented utility
communicated by the district or its contractors, agents, or employees verbally or in writing to the utility company's designated project representative or, if no representative has been designated, to the chief engineer or equivalent.
(4) District means the regional transportation district created by this
article.
(5) District securities means bonds, temporary bonds, refunding bonds,
special obligation bonds, interim notes, notes, and warrants of the district authorized to be issued by this article.
(6) Dominant eminent domain means that the right of the district to
condemn public property, real and personal, shall be superior in public necessity to that of any city, town, city and county, county, or other public corporation except a school district, but such right shall be superior only for the purpose of acquiring existing mass transportation facilities and related real or personal property.
(6.2) Eligible elector means a registered elector as defined in section 1-1-104 (35), C.R.S., who resides within the geographic boundaries of the district.
(6.3) Fixed guideway corridor means a corridor designated by the district
for the construction and operation of a fixed guideway mass transit system.
(6.4) Fixed guideway corridor utility relocation agreement means an
agreement entered into by the district and a utility company for the purpose of performing utility relocation work necessitated by a transportation expansion plan in accordance with the requirements of section 32-9-119.1.
(6.5) Fixed guideway mass transit system means any public transportation
system that utilizes and occupies a separate right-of-way or rail for the exclusive use of public transportation service. No such system shall intersect any road or street with an average daily traffic count of twenty thousand or greater at grade unless the municipality or county having jurisdiction over such road or street specifically requests an at grade crossing.
(6.7) Force majeure means fire, explosion, action of the elements, strike,
interruption of transportation, rationing, shortage of labor, equipment, or materials, court action, illegality, unusually severe weather, act of God, act of war, or any other cause that is beyond the control of the party performing work on a utility relocation project and that could not have been prevented by the party while exercising reasonable diligence.
(6.9) Major electrical facilities has the same meaning as set forth in section
29-20-108 (3)(a)(I), (3)(a)(II), (3)(a)(III), and (3)(a)(IV).
(7) (a) Mass transportation system or system means any system of the
district or any other system, the owner or operator of which contracts with the district for the provision of transportation services, that transports the general public by bus, rail, or any other means of surface conveyance or any combination thereof, within the district.
(b) Such system may include facilities for transportation within or without or
both within and without the district as special charter services provided to the general public. The schedule of charges for special charter service shall be equal to but not less than those charged by authorized common carriers rendering the same or similar service. The service may be performed under such terms and conditions for which facilities are made available for such charter use and in conformity with the reasonable rules and regulations provided by the board with respect to the use thereof, but the special charter service outside the district shall be limited to such rights and privileges as are obtained by the district in the acquisition of mass transportation facilities and property.
(c) The system may include facilities for the transportation of package-express shipments on routes to and from Boulder and Denver if such shipments are
transported coincidentally with the transportation of the general public in scheduled service and over prescribed routes within the district. The schedule of charges for package-express service shall not be less than those charged by authorized common carriers rendering the same or similar service over the same routes and distances. The package-express service may be performed under such terms and conditions for which facilities are made available for such package-express use and in conformity with the rules and regulations established by the board with respect to the use thereof.
(8) (Deleted by amendment, L. 2000, p. 307, � 1, effective April 5, 2000.)
(9) Operation and maintenance expenses means all reasonable and
necessary current expenses of the district, paid or accrued, of operating, maintaining, and repairing facilities of the mass transportation system of the district.
(10) Person means any natural person, association, partnership, company,
or corporation.
(11) Public body means the state of Colorado, or any county, city and
county, city, town, district, or any other political subdivision of the state, excluding the regional transportation district.
(12) Publication means the publication once a week for three consecutive
weeks in at least one newspaper having general circulation in the district. Publication need not be made on the same day of the week in each of the three weeks; but not less than fourteen days shall intervene between the first day of publication and the last day of publication.
(13) Revenues means the tolls, fees, rates, charges, or other income and
revenues derived from the operation of the mass transportation system of the district, moneys received in the form of grants or contributions from all sources, public or private, income derived from investments by the district, and any combination of the foregoing.
(14) Taxes or taxation means general ad valorem property taxes only.
(15) (Deleted by amendment, L. 92, p. 907, � 157, effective January 1, 1993.)
(15.1) Utility company or utility shall have the same meaning as set forth
in 23 CFR 645.105, as amended.
(15.5) Utility facility means all installed equipment of a utility.
(16) Vehicular service means any service provided by the district that
involves transporting the general public by means of any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways. Vehicular service does not include any service provided by the district that is part of the rail system.
Source: L. 69: p. 714, � 1. C.R.S. 1963: � 89-20-3. L. 70: p. 292, � 97. L. 71: p.
978, � 1. L. 73: p. 985, � 1. Initiated 80: (3.5) added, effective upon proclamation of the Governor, December 19, 1980. L. 81: (7)(a) amended and (7)(c) added, p. 1640, � 1, effective May 28; (15) amended, p. 1626, � 32, effective July 1. L. 85: (7)(a) amended, p. 1119, � 1, effective July 1. L. 87: (6.3) and (6.5) added and (7)(a) amended, p. 1246, � 2, effective May 22. L. 92: (6.2) added and (15) amended, p. 907, � 157, effective January 1, 1993. L. 93: (7)(a) amended, p. 1790, � 79, effective June 6. L. 94: (6.2) amended, p. 460, � 1, effective March 29; (6.3) amended, p. 1324, � 1, effective May 25. L. 97: (6.2) amended, p. 805, � 1, effective May 20. L. 99: (6.5) and (7)(a) amended, p. 1400, �� 3, 4, effective June 4. L. 2000: (8) and (13) amended, p. 307, � 1, effective April 5. L. 2003: (16) added, p. 1795, � 1, effective May 21. L. 2007: (3.7), (6.4), (6.7), (6.9), (15.1), and (15.5) added, p. 717, � 1, effective May 3. L. 2022: IP and (6.9) amended, (HB 22-1104), ch. 97, p. 467, � 8, effective April 13.
Editor's note: For the complete initiated measure and votes cast for the
adoption or rejection thereof, see L. 81, pp. 2057-2060.
Cross references: (1) For the legislative declaration contained in the 1999
act amending subsections (6.5) and (7)(a), see section 1 of chapter 338, Session Laws of Colorado 1999.
(2) For the legislative declaration in HB 22-1104, see section 1 of chapter 97,
Session Laws of Colorado 2022.
C.R.S. § 32-9-117
32-9-117. Compensation of directors. (1) Except as otherwise provided in subsection (2) of this section, effective January 1, 1983, each director shall receive a sum of three thousand dollars per annum.
(2) Effective January 1, 2009, each director elected at the 2008 general
election or at any general election thereafter and each director appointed to fill a vacancy for an unexpired term of a director elected at the 2008 general election or any election thereafter shall receive a sum of twelve thousand dollars per annum, payable at the rate of one thousand dollars per month.
(3) No director shall receive any compensation as an officer, engineer,
attorney, employee, or any other agent of the district.
(4) Nothing contained in this article shall be construed as preventing the
board from authorizing the reimbursement of any director for expenses incurred that appertain to the activities of the district.
Source: L. 69: p. 718, � 1. C.R.S. 1963: � 89-20-16. Initiated 80: Entire section
R&RE, effective upon proclamation of the Governor, December 19, 1980. L. 81: Entire section amended, p. 1646, � 3, effective June 8. L. 85: Entire section amended, p. 1120, � 1, effective May 10. L. 2008: Entire section amended, p. 305, � 1, effective August 5.
Editor's note: For the complete initiated measure and the votes cast for the
adoption or rejection thereof, see L. 81, pp. 2057-2060.
C.R.S. § 32-9-119.1
32-9-119.1. Transportation expansion plan - utility relocation - legislative declaration - definitions. (1) The general assembly hereby finds and declares that:
(a) The district has been authorized to construct a transportation expansion
plan adopted by the board and approved by the voters on November 2, 2004. The transportation expansion plan anticipates that construction will be completed on all fixed guideway corridors in a twelve-year period.
(b) The scheduling and timely performance of the transportation expansion
plan partially depends on coordination with utility companies for the prompt performance of utility relocation work necessitated by construction of the transportation expansion plan.
(c) Increased coordination between the district and utility companies is in the
public interest, and prompt performance of utility relocation work within the adopted plan schedule will reduce delays and costs of construction. Utility relocation work shall be undertaken in a manner that minimizes the relocation cost and the disruption of utility services.
(2) (a) The district shall negotiate with any affected utility company in each
fixed guideway corridor. In coordination with the district, each utility company shall determine whether a district contractor or the utility company shall be responsible for the relocation of its utility facilities. In making such a determination, the utility company shall take into consideration the location of the utility facilities, complexity of the relocation, and timing of the need for relocation work.
(b) The district and the utility company shall make such arrangements for
funding utility relocations as are specified in the easements, licenses, franchises, or other property interests and rights of use held by the district or the utility company. Nothing in this section is intended to alter existing property agreements, licenses, or other interests of the district and utility company regarding the obligation to pay for utility relocation.
(3) (a) The district may enter into fixed guideway corridor utility relocation
agreements with a utility company. Such agreements shall be for the performance of all services required to assure timely relocation of utilities according to the most current written standards and practices established by the utility company at the time the agreement is entered into, unless other standards are mutually selected by the district and the utility company.
(b) A fixed guideway corridor utility relocation agreement shall include a
schedule for design, review, dispute resolution, and construction.
(c) (I) A fixed guideway corridor utility relocation agreement may provide for
a utility company betterment, including, but not limited to, increased capacity and extensions of services; except that a betterment shall not materially delay project construction and shall be at the expense of the utility company.
(II) As used in this section, betterment means any upgrade of the utility
facility being relocated that is not attributable to project construction and is made solely for the benefit of and at the election of the utility.
(d) A fixed guideway corridor utility relocation agreement may incorporate
reasonable and appropriate conditions, including, but not limited to, conditions for ensuring:
(I) The prompt performance of utility relocation work by either the district,
utility company, or contractor for the transportation expansion plan, as specified in the agreement;
(II) The cooperation of the utility company with the contractor for the
transportation expansion plan; and
(III) The payment by the utility company of any damages caused by the
company's delay in the performance of the relocation work or interference with the performance of the project by any other contractor, except when such delay or interference is caused by a force majeure.
(4) All design and construction of utility relocation shall be subject to review
and approval by district and utility company engineers.
(5) (a) If the district and utility company are unable to reach a fixed guideway
corridor utility relocation agreement, or if utility relocation disputes arise under an agreement, the district and utility company shall each designate an official, at no level lower than district corridor project manager and utility company chief engineer, to resolve the differences.
(b) If the differences cannot be resolved pursuant to paragraph (a) of this
subsection (5), utility relocation disputes shall be heard in the following district courts for each of the following corridors and projects:
(I) For union station, Denver county district court;
(II) For the U.S. 36 corridor, Boulder county district court;
(III) For the west corridor, Jefferson county district court;
(IV) For the gold line corridor, Jefferson county district court;
(V) For the east corridor, Denver county district court;
(VI) For the I-225 corridor, Arapahoe county district court;
(VII) For the southwest corridor, Arapahoe county district court; and
(VIII) For the north corridor, Adams county district court.
(c) It shall be presumed that there will be irreparable harm to the public if an
injunction is not granted to require utility relocation, regardless of a later determination as to which party is responsible for the cost of relocation.
(6) (a) The district shall provide a utility company with detailed maps,
drawings, plans, and profiles of the district's proposed improvements in each fixed guideway corridor in the transportation expansion plan at:
(I) The conclusion of preliminary engineering;
(II) Sixty percent completion of final design;
(III) The conclusion of final design; and
(IV) Such other times as may be requested by the utility company.
(b) The district shall solicit information as to the location of utility facilities
within the fixed guideway corridor from the utility company.
(c) For all utilities identified on any documents provided to or in the
possession of the district, the district shall provide written notice to a utility company as soon as practicable of a transportation expansion plan that will require the relocation of the company's facilities.
(d) (I) Where documents have been in the possession of the district during
final design of a fixed guideway corridor, the district shall provide notice to a utility company of a transportation expansion plan that will require the relocation of the company's facilities not later than one year before relocation is required for each relocation on each fixed guideway corridor.
(II) Notwithstanding subparagraph (I) of this paragraph (d), if major electrical
facilities must be relocated, the district shall provide notice to a utility company at least eighteen months in advance of the required relocation date or the district shall pay the cost of any temporary relocation measures required to maintain service to utility customers. If temporary relocation measures are necessary, such measures shall be provided at the lowest possible cost during construction and relocation.
(III) For any discovery of utilities during construction that are not identified
on documents provided to or in possession of the district, the district and the utility company shall confer within forty-eight hours of discovery to determine appropriate relocation procedures.
(IV) The district and utility company shall, within ten days of discovery, enter
into an agreement as to the manner in which any necessary relocation will be accomplished and the party that shall perform the work.
(V) If an agreement is reached and if the utility company performs under the
agreement, the utility company shall not be liable for delay damages as provided in subsection (8) of this section.
(7) (a) For purposes of ensuring continuation of required utility services to
the residents of the district during and after construction of the fixed guideway corridors, the district may provide, and condemn when necessary, replacement easements for the relocation of utilities. If such replacement easements are necessary, the district shall endeavor to meet any existing standards of the utility for easements. Any necessary condemnation shall be considered a transportation project undertaken by the district. The cost of replacement easements shall be paid:
(I) By the district in those instances where the district has acquired, at no
extra cost, an easement previously owned and occupied by the utility; or
(II) By the utility if the district has compensated the utility for a previously
occupied easement from which the utility is being relocated.
(b) Notwithstanding any local law to the contrary, aboveground utility
facilities shall be relocated aboveground and underground utility facilities shall be relocated underground. To minimize the cost of the reconfiguration of the utility facility, the replacement easement shall be acquired as close as possible to the original location of the facility that must be relocated.
(8) (a) Where the utility company has elected to perform relocation work or
where there has been no agreement reached between a utility company and the district, the utility company shall be liable to the district for actual damages suffered by the district as a direct result of the utility company's delay in the performance of any utility relocation work or as a direct result of the utility company's interference with the performance of fixed guideway corridor construction by other contractors.
(b) Notwithstanding paragraph (a) of this subsection (8), a utility company
shall not be liable for damages caused by the failure to timely perform the relocation work or the interference with the performance of the transportation expansion plan by another contractor when the failure to perform or the interference is caused by a force majeure.
Source: L. 2007: Entire section added, p. 718, � 2, effective May 3.
C.R.S. § 33-10-118
33-10-118. Division to study access to state parks. (1) The division shall collaborate with local governments to identify:
(a) Deficits or potential deficits with local transportation infrastructure and
services used by visitors to access state parks; and
(b) Sources of funding and partnerships to address the deficits or potential
deficits described in subsection (1)(a) of this section.
(2) In studying the issues described in subsection (1) of this section, the
division shall consider:
(a) The use of and effect on local transportation infrastructure and services
of visitors traveling to and from state parks;
(b) Infrastructure costs incurred by local governments in supporting the
state in managing state parks and the appropriateness of the division or other persons, including users, to help support infrastructure funding;
(c) Economic and community benefits and negative effects of state parks on
local economies and the difference in benefits and effects incurred by counties and municipalities;
(d) Existing local government revenue, including fees, assessments, and
taxes, and payments by the division in lieu of taxes that are available to:
(I) Develop and maintain transportation infrastructure; or
(II) Provide transportation services related to recreation;
(e) Methods of providing guidance to determine which local access routes
should be eligible for any identified funding;
(f) Past examples of issues with providing local transportation infrastructure
and services used to access state-managed recreational land and opportunities to work with the division in addressing those issues both at the inception stage and over the lifespan of the state park;
(g) Current resources available for and dedicated to a community's local
transportation infrastructure and services for a baseline of existing maintenance budgets, new sources of funding or partnerships to assist in the maintenance of local access routes to and from state parks, and the predictability and reliability of the sources;
(h) The local government's financial demands of maintaining transportation
infrastructure and services needed to access state parks in relationship to the financial demands of maintaining other local transportation infrastructure and services within the local jurisdiction; and
(i) The effects of local transportation conditions on local access routes
serving state parks on the visitor experience.
(3) When performing the initial study required in subsection (2) of this
section, the division shall seek input from the department of transportation and the department of local affairs before completing the study.
(4) The division shall complete the study described in this section and make
legislative recommendations to the general assembly by November 1, 2024. The recommendations must include sources for funding or partnerships to assist in the maintenance of local transportation infrastructure and services associated with state parks.
Source: L. 2023: Entire section added, (SB 23-059), ch. 223, p. 1153, � 2,
effective August 7.
Cross references: For the legislative declaration in SB 23-059, see section 1
of chapter 223, Session Laws of Colorado 2023.
ARTICLE 10.5
Aquatic Nuisance Species
33-10.5-101. Legislative declaration. (1) The general assembly hereby finds,
determines, and declares that:
(a) Aquatic nuisance species have devastating economic, environmental, and
social impacts on the aquatic resources and water infrastructure of the state;
(b) Recreational vessels are a significant source of the spread of aquatic
nuisance species in Colorado;
(c) One of the division's highest priorities should be the prevention,
containment, and eradication of aquatic nuisance species in waters of the state in which the species have been detected or are likely to be introduced; and
(d) Therefore, the purposes of enacting this article 10.5 are:
(I) To implement actions to detect, prevent, contain, control, monitor, and,
whenever possible, eradicate aquatic nuisance species from the waters of the state and to protect human health, safety, and welfare from aquatic nuisance species; and
(II) To foster and encourage, to the greatest extent possible, voluntary
compliance with this article 10.5.
(2) The general assembly further finds, determines, and declares that:
(a) Some of the aquatic resources and water infrastructure within the state
are owned or managed by the United States bureau of reclamation, the United States Army corps of engineers, the United States forest service, or another agency of the federal government, and not by the division;
(b) A failure to detect, prevent, contain, and, when possible, eradicate
aquatic nuisance species from any one of these federally managed aquatic resources or water infrastructure facilities would threaten the health and vibrancy of all aquatic resources and water infrastructure facilities within the state; and
(c) Therefore, the purposes for which this article 10.5 is enacted may be
achieved only if the federal government dedicates sufficient funding and resources to the prevention, containment, and, when possible, eradication of aquatic nuisance species from the aquatic resources and water infrastructure managed by federal agencies within the state.
Source: L. 2008: Entire article added, p. 1583, � 1, effective May 29. L. 2018:
Entire section amended, (HB 18-1008), ch. 137, p. 896, � 3, effective August 8.
33-10.5-102. Definitions. As used in this article 10.5, unless the context
otherwise requires:
(1) Aquatic nuisance species means exotic or nonnative aquatic wildlife or
any plant species that have been determined by the commission to pose a significant threat to the aquatic resources or water infrastructure of the state.
(2) Authorized agent means any person, employee, or representative of
local, state, or federal government or any subdivision of the government that is authorized by the government or governmental subdivision to temporarily stop, detain, and inspect a conveyance for aquatic nuisance species.
(3) Repealed.
(4) Conveyance means a motor vehicle, vessel, trailer, or any associated
equipment or containers, including, but not limited to, live wells, ballast tanks, and bilge areas that may contain or carry an aquatic nuisance species.
(5) Decontaminate means to wash, drain, dry, or chemically or thermally
treat a conveyance in accordance with rules promulgated by the commission in order to remove or destroy an aquatic nuisance species.
(6) Division means the division of parks and wildlife created in section 33-9-104.
(7) Equipment means an article, tool, implement, or device capable of
containing or transporting water.
(8) Inspect means to examine a conveyance pursuant to procedures
established by the commission by rule in order to determine whether an aquatic nuisance species is present, and includes examining, draining, or chemically treating water in the conveyance.
(8.5) Motorboat has the same meaning as set forth in section 33-13-102 (1).
(9) Qualified peace officer means a Colorado wildlife officer, special parks
officer, or special wildlife officer; a parks and recreation officer; a peace officer in the department of public safety; and a peace officer with jurisdiction over any waters of the state.
(10) Sailboat has the same meaning as set forth in section 33-13-102 (4).
Source: L. 2008: Entire article added, p. 1584, � 1, effective May 29. L. 2012:
(1), (5), and (8) amended and (3) repealed, (HB 12-1317), ch. 248, p. 1219, � 39, effective June 4. L. 2018: IP amended and (8.5) and (10) added, (HB 18-1008), ch. 137, p. 897, � 4, effective August 8.
Cross references: For additional definitions applicable to this article 10.5,
see � 33-10-102.
33-10.5-103. Powers and duties of the division - annual report. (1) (a) In
order to prevent, control, contain, monitor, and, whenever possible, eradicate aquatic nuisance species from the waters of the state, the division is authorized to establish, operate, and maintain aquatic nuisance species check stations in order to inspect conveyances pursuant to section 33-10.5-104.
(b) Repealed.
(2) Upon a reasonable belief that an aquatic nuisance species may be
present, the division may:
(a) Require the owner of a conveyance to decontaminate the conveyance; or
(b) Decontaminate or impound and quarantine the conveyance pursuant to
section 33-10.5-104.
(3) The division may monitor the waters of the state for the presence of
aquatic nuisance species, but only if the division has received permission to monitor from the persons controlling access to such waters.
(4) The division shall, in cooperation with the department of public safety,
the Colorado office of economic development, the Colorado tourism office, the water conservation board created in section 37-60-102, C.R.S., and the department of agriculture, develop a strategic statewide plan to prevent, control, monitor, educate persons about, and, whenever possible, eradicate aquatic nuisance species.
(5) Notwithstanding section 24-1-136 (11)(a)(I), beginning on January 15, 2009,
and on or before January 15 of each year thereafter, the division and the water conservation board created in section 37-60-102 shall make an annual report of the efforts in addressing aquatic nuisance species in Colorado for the preceding calendar year to the joint house agriculture, livestock, and natural resources committee and the senate agriculture, natural resources, and energy committee, or its successor committee. Each such report shall set forth a complete operating and financial statement covering the aquatic nuisance species operations of the division during the year.
Source: L. 2008: Entire article added, p. 1584, � 1, effective May 29. L. 2017:
(5) amended, (HB 17-1257), ch. 254, p. 1065, � 7, effective August 9. L. 2021: (1) amended, (HB 21-1226), ch. 163, p. 920, � 1, effective September 7.
Editor's note: Subsection (1)(b)(II) provided for the repeal of subsection (1)(b),
effective September 1, 2025. (See L. 2021, p. 920.)
33-10.5-104. Inspection of conveyances - impoundment and quarantine -
reimbursement - rules. (1) (a) Every qualified peace officer is authorized to enforce this article; except that such officer shall have a reasonable belief that a conveyance may contain an aquatic nuisance species before the officer orders the conveyance decontaminated or impounded and quarantined.
(b) Every qualified peace officer is authorized to stop and inspect for the
presence of aquatic nuisance species a conveyance:
(I) (A) Prior to a vessel being launched onto waters of the state;
(B) Prior to departing from the waters of the state or a vessel staging area;
(C) That is visibly transporting any aquatic plant material; and
(D) Upon a reasonable belief that an aquatic nuisance species may be
present; or
(II) That has encountered an aquatic nuisance species check station.
(2) Except as provided in subsection (4) of this section, a qualified peace
officer may impound and quarantine a conveyance if:
(a) The qualified peace officer finds or reasonably believes that an aquatic
nuisance species may be present after conducting an inspection authorized by this article;
(b) The person transporting the conveyance refuses to submit to an
inspection authorized by this article for the presence of an aquatic nuisance species; or
(c) The person transporting the conveyance refuses to comply with an order
authorized by this article to decontaminate the conveyance.
(3) The impoundment and quarantine of a conveyance may continue for the
reasonable period necessary to inspect and decontaminate the conveyance and ensure that the aquatic nuisance species has been completely removed from the conveyance and is no longer living.
(4) Notwithstanding any provision to the contrary, no motor vehicle that is
drawing a conveyance shall be impounded or quarantined pursuant to this article; however, the conveyance being drawn is still subject to impoundment and quarantine under this section.
(5) An authorized agent shall have the authority to stop, detain, and inspect a
conveyance for the presence of an aquatic nuisance species; however, unless the authorized agent is a qualified peace officer, the authorized agent has no authority to impound and quarantine or order a conveyance decontaminated.
(6) (a) When a conveyance that has been impounded and quarantined
pursuant to this section is decontaminated, the division may charge the owner of the conveyance the cost incurred by the division or its contractor in storing and decontaminating the conveyance.
(b) The charge imposed pursuant to subsection (6)(a) of this section shall be
transmitted to the state treasurer, who shall credit the amounts to the division of parks and wildlife aquatic nuisance species fund, created in section 33-10.5-108.
Source: L. 2008: Entire article added, p. 1585, � 1, effective May 29. L. 2018:
(3) amended and (6) added, (HB 18-1008), ch. 137, p. 897, � 5, effective August 8. L. 2021: (1)(b) amended, (HB 21-1226), ch. 163, p. 920, � 2, effective September 7.
33-10.5-104.5. Aquatic nuisance species stamp - creation - short title -
rules. (1) The short title of this section is the Mussel-free Colorado Act.
(2) (a) For any motorboat or sailboat registered in Colorado pursuant to
section 33-13-103 for the year 2019 and thereafter, a person shall purchase a separate aquatic nuisance species stamp from the division at a cost of twenty-five dollars to operate or use the motorboat or sailboat on the waters of this state or to possess the motorboat or sailboat at a vessel staging area.
(b) On and after January 1, 2019, for any motorboat or sailboat exempted
from registration in Colorado pursuant to section 33-13-103 (1)(b) to (1)(d), a person shall purchase an aquatic nuisance species stamp from the division at a cost of fifty dollars to operate or use the motorboat or sailboat on the waters of this state or to possess the motorboat or sailboat at a vessel staging area; except that a person exempted from registration in Colorado under section 33-13-103 (1)(b), but who is a Colorado resident, need only pay twenty-five dollars for an aquatic nuisance species stamp pursuant to subsection (2)(a) of this section.
(c) A person who pays for an aquatic nuisance species stamp for a motorboat
or sailboat shall, when operating the motorboat or sailboat, retain the stamp receipt on his or her person or on the motorboat or sailboat.
(3) The parks and wildlife commission may, by rule adopted after August 8,
2018, adjust the amount of the aquatic nuisance species stamp described in subsection (2) of this section by an amount up to the total amount reflected by the changes made in the United States bureau of labor statistics consumer price index for the Denver-Aurora-Lakewood consolidated metropolitan statistical area for all urban consumers and all goods, or its successor index.
(4) The division shall transmit the stamp fees collected pursuant to this
section to the state treasurer, who shall credit them to the division of parks and wildlife aquatic nuisance species fund created in section 33-10.5-108.
Source: L. 2018: Entire section added, (HB 18-1008), ch. 137, p. 897, � 6,
effective August 8. L. 2019: (3) amended, (SB 19-241), ch. 390, p. 3475, � 46, effective August 2.
33-10.5-105. Prohibition of aquatic nuisance species - rules - penalties. (1)
A person shall not:
(a) Possess, import, export, ship, or transport an aquatic nuisance species,
except as authorized by the commission by rule;
(b) Release, place, plant, or cause to be released, placed, or planted into the
waters of the state an aquatic nuisance species;
(c) Refuse to comply with a proper order issued under this article 10.5;
(d) Fail or refuse to reimburse the division in accordance with section 33-10.5-104 (6)(a); or
(e) If the person encounters an aquatic nuisance species check station, fail
or refuse to stop at the aquatic nuisance species check station while transporting a conveyance during the check station's hours of operation without presenting the conveyance for inspection.
(2) (a) A person who knowingly or willfully violates any of the provisions in
subsections (1)(a) to (1)(d) of this section:
(I) For a first offense, commits a petty offense, and, upon conviction, shall be
fined five hundred dollars and issued a warning from the division of the increased penalties for subsequent violations;
(II) For a second offense, is guilty of a misdemeanor and, upon conviction,
shall be fined one thousand dollars; and
(III) For a third and any subsequent offense, commits a class 2 misdemeanor
and, upon conviction, shall be punished as provided in section 18-1.3-501.
(a.5) A person who knowingly or willfully violates subsection (1)(e) of this
section commits a civil infraction and, upon entry of judgment, shall be fined one hundred dollars.
(b) The fine amounts collected pursuant to this subsection (2) shall be
transmitted to the state treasurer, who shall credit the amounts to the division of parks and wildlife aquatic nuisance species fund, created in section 33-10.5-108.
(3) (a) A person shall not:
(I) Fail or refuse to comply with a qualified peace officer's or an authorized
agent's request, pursuant to section 33-10.5-104, to stop, detain, and inspect any conveyance that the person is operating;
(II) Launch a vessel without obtaining a conveyance inspection at an aquatic
nuisance species check station pursuant to section 33-10.5-103; or
(III) If required to purchase an aquatic nuisance species stamp pursuant to
section 33-10.5-104.5, fail or refuse to purchase the stamp.
(b) A person who violates subsection (3)(a) of this section commits a civil
infraction and, upon conviction, shall be punished by a fine of one hundred dollars.
(c) The proceeds from collection of the fines imposed pursuant to this
subsection (3) shall be transmitted to the state treasurer, who shall credit the amounts collected to the division of parks and wildlife aquatic nuisance species fund created in section 33-10.5-108.
Source: L. 2008: Entire article added, p. 1586, � 1, effective May 29. L. 2018:
Entire section amended, (HB 18-1008), ch. 137, p. 898, � 7, effective August 8. L. 2019: (1)(a) amended, (HB 19-1026), ch. 423, p. 3697, � 16, effective July 1. L. 2021: (1)(c), (1)(d), and IP(2)(a) amended and (1)(e) and (2)(a.5) added, (HB 21-1226), ch. 163, p. 921, � 3, effective September 7; (2)(a)(I) and (3)(b) amended, (SB 21-271), ch. 462, p. 3262, � 563, effective March 1, 2022. L. 2022: (2)(a.5) amended, (HB 22-1229), ch. 68, p. 347, � 34, effective March 1.
Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of
Colorado 2022, provides that the act amending subsection (2)(a.5) is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.
Cross references: For the short title (Respect the Great Outdoors Act) and
the legislative declaration in HB 19-1026, see sections 1 and 2 of chapter 423, Session Laws of Colorado 2019.
33-10.5-106. Duty to report. A person who knows that an aquatic nuisance
species is present at a specific location shall immediately report such knowledge and all pertinent information to the division.
Source: L. 2008: Entire article added, p. 1587, � 1, effective May 29.
33-10.5-107. Commission to promulgate rules. (1) The commission is
authorized to promulgate rules pursuant to article 4 of title 24, C.R.S., as necessary to prevent, control, contain, monitor, and, whenever possible, eradicate aquatic nuisance species. In promulgating such rules, the commission shall consult with any affected state, federal, and tribal governmental entities and subdivisions thereof, including special districts, water conservancy districts, and water supply agencies.
(2) The commission shall promulgate rules to administer and enforce this
article. Such rules shall include:
(a) Procedures for the inspection of conveyances for the presence of aquatic
nuisance species;
(b) Procedures for the impoundment and quarantine of conveyances
pursuant to section 33-10.5-104, including notification of the location and contact information to owners of impounded conveyances;
(c) Procedures for the decontamination of conveyances and destruction of
aquatic nuisance species removed from conveyances;
(d) Methods to establish proof that a conveyance has been decontaminated;
(e) Processes for the facilitation of the reporting required by section 33-10.5-106; and
(f) Policies for the monitoring and identification of the waters of the state or
geographic areas that are or may be infested with aquatic nuisance species.
Source: L. 2008: Entire article added, p. 1587, � 1, effective May 29. L. 2012:
(1) and IP(2) amended, (HB 12-1317), ch. 248, p. 1220, � 40, effective June 4.
33-10.5-108. Division of parks and wildlife aquatic nuisance species fund -
creation. (1) (a) (I) There is hereby created in the state treasury the division of parks and wildlife aquatic nuisance species fund, also referred to in this section as the fund, which shall be administered by the division. The fund consists of all money transferred by the state treasurer as specified in sections 39-29-109.3 (1)(g)(II), 33-10.5-104.5, and 33-10.5-105. All money in the fund is continuously appropriated to the division for the purpose of implementing this article 10.5. All money in the fund at the end of each fiscal year remains in the fund and does not revert to the general fund or any other fund.
(II) Repealed.
(b) In the use of the money in the fund, priority shall be given to containment
and eradication of aquatic nuisance species in the waters of the state in which aquatic nuisance species have been detected and prevention of the introduction of aquatic nuisance species in areas determined to be most vulnerable to such an introduction.
(1.3) Repealed.
(1.5) and (2) (Deleted by amendment, L. 2018.)
(3) Repealed.
Source: L. 2008: Entire article added, p. 1587, � 1, effective May 29; entire
section amended, p. 1590, � 7, effective May 29. L. 2017: (1)(a) and (2)(a) amended and (1.5) added, (SB 17-259), ch. 190, p. 691, � 6, effective May 3. L. 2018: (1.3) added, (HB 18-1338), ch. 201, p. 1310, � 9, effective May 4; entire section amended, (HB 18-1008), ch. 137, p. 899, � 8, effective August 8. L. 2021: (3) added, (SB 21-220), ch. 81, p. 309, � 2, effective April 30; (1)(a)(I) amended, (SB 21-281), ch. 255, p. 1502, � 12, effective June 18. L. 2023: (3) repealed, (HB 23-1301), ch. 303, p. 1842, � 80, effective August 7.
Editor's note: (1) Amendments to this section by HB 18-1008 and HB 18-1338
were harmonized.
(2) (a) Subsection (1.3)(c) provided for the repeal of subsection (1.3), effective
August 1, 2018. (See L. 2018, p. 1310.)
(b) Subsection (1)(a)(II) provided for the repeal of subsection (1)(a)(II),
effective July 1, 2019. (See L. 2018, p. 899.)
Cross references: For the legislative declaration in SB 21-281, see section 1
of chapter 255, Session Laws of Colorado 2021.
ARTICLE 11
Recreational Trails
Editor's note: This article was added in 1984 with an effective date of
January 1, 1985. Prior to 1984, the substantive provisions of this article were contained in article 42 of this title. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
C.R.S. § 34-21-109
34-21-109. Code of signals. There shall be established by the commissioner a uniform code of signals, embracing those most generally in use in metalliferous mines, which shall be adopted in all mines using hoisting machinery. The code of signals shall be securely posted, in clear and legible form, in the engine room, at the collar of the shaft, and at each level or station. In all shafts equipped with cages, such shafts and cages shall be fully equipped with a system of electric signals from such cages and stations to the engineer wherever possible.
Source: L. 88: Entire article R&RE, p. 1188, � 2, effective July 1.
Editor's note: This section is similar to former � 34-47-109 as it existed prior
to 1988.
C.R.S. § 34-22-102
34-22-102. Board of examiners - created - duties - members. (1) There is hereby created a coal mine board of examiners, which shall have the following duties:
(a) To establish criteria, including education and training, past and current
work experience, and annual electrical retraining requirements, and to examine all applicants for positions in coal mines for which certification is required by federal law;
(b) To issue certificates of competency to those applicants who qualify
therefor;
(c) To take disciplinary action against the holder of a certificate of
competency for violation of any provision of this article, where such discipline is deemed proper based upon sufficient investigation and in accordance with this article. Disciplinary action may include, without limitation:
(I) Denying the issuance or renewal of, suspending for a specified period, or
revoking a certificate;
(II) Issuing a letter of admonition to, or placing on probation, the holder of a
certificate; or
(III) Imposing other conditions or limitations upon a certificate or the holder
thereof.
(d) To provide assistance to the division in developing curricula for coal
miner training programs;
(e) To establish criteria for granting state certification of belt examiners,
cable splicers, lamp and gas attendants, and shot-firers;
(f) To issue cease-and-desist orders.
(1.5) When a complaint or investigation discloses an instance of conduct that
does not warrant formal action by the board and, in the opinion of the board, the complaint should be dismissed, but the board has noticed indications of possible errant conduct by the holder of a certificate of competency that could lead to serious consequences if not corrected, a confidential letter of concern may be issued and sent to the holder of a certificate of competency.
(2) The board is composed of four voting members and one nonvoting ex
officio member as follows:
(a) One member shall be a coal miner of known experience and practice in
underground coal mining residing in the state of Colorado and actively engaged in the coal mining industry during the term of his office;
(b) One member shall be a Colorado coal mine owner, operator, manager, or
other mine official actively engaged in the surface coal mining industry during the term of his office;
(c) One member shall be a Colorado mine owner, operator, manager, or other
mine official actively engaged in the underground coal mining industry during the term of his office;
(d) One member shall be an engineer experienced in coal mining; and
(e) The commissioner, as described in section 34-21-102, or the
commissioner's designee, serves as a nonvoting, ex officio member of the board.
(3) The members of the board shall be appointed by the governor with the
consent of the senate. The term of office for each member of the board shall be four years. Any vacancies on the board shall be filled by the governor by appointment for the remainder of an unexpired term. The governor may remove any board member for misconduct, incompetence, or neglect of duty.
(4) Members of the board who are serving their terms of office on July 1,
1988, shall complete their terms prior to the implementation of the provisions of this section.
(5) The coal mine board of examiners is a type 2 entity, as defined in section
24-1-105.
Source: L. 88: Entire article R&RE, p. 1189, � 3, effective July 1. L. 92: (1)(a)
amended, p. 1932, � 18, effective July 1. L. 96: (3) amended, p. 377, � 1, effective July 1. L. 2006: (1)(c) amended and (1)(f) and (1.5) added, pp. 281, 282, �� 1, 2, effective March 31. L. 2020: IP(2) and (2)(e) amended, (HB 20-1208), ch. 119, p. 495, � 3, effective June 23. L. 2022: (5) added, (SB 22-162), ch. 469, p. 3409, � 163, effective August 10.
Editor's note: This section is similar to former � 34-21-101 as it existed prior
to 1988.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 34-22-112
34-22-112. Examinations - applicant qualifications. (1) All candidates for examination for certification shall demonstrate at the time of the examination satisfactory eyesight and hearing consistent with the practice and needs of the coal mining industry.
(2) Every applicant for certification as a mine foreman shall produce
evidence satisfactory to the board of not less than three years' experience in mines or in operations determined by the board to be equivalent to coal mines. The experience of an applicant intending to work in underground mines must be in underground mining. The experience of an applicant intending to work in surface mining must be in surface mining.
(3) A person who holds a college degree in engineering, which degree is
determined by the board to be acceptable and suited to the intent and purpose of this article 22, who satisfies the board that the person has at least one year of actual and satisfactory experience in the operation of underground coal mines, including experience in mining, timbering, haulage, drainage, and ventilation and including experience in the capacity of mining engineer, is eligible for examination as a mine foreman in underground coal mines.
(4) Every applicant for a fire boss certification shall provide evidence
satisfactory to the board that he has at least three years' experience in gassy underground mines, one year of which will be in an underground coal mine.
(5) (a) Every applicant for a certificate of competency as a mine electrician
shall have at least one year's experience in coal mines or noncoal mines or other electrical experience and:
(I) Shall have been qualified as a coal mine electrician by another state that
has a coal mine electrical qualification program equivalent to that of this state or a state program approved by the United States secretary of labor or his authorized representative; or
(II) Shall be determined to be a person qualified to perform electrical work in
underground or surface coal mines by the United States secretary of labor or his authorized representative; or
(III) Shall be qualified by training, education, and experience to perform
electrical work, maintain electrical equipment, and conduct examinations and tests of electrical equipment.
(b) In the case of an applicant for a certificate of competency as an
underground coal mine electrician, the requisite one year's experience shall be in underground mines.
(c) All certified coal mine electricians shall attend annually an approved
electrical retraining class to retain said certification.
(6) Every applicant for certification as a shot-firer must have experience as
defined by the board.
(7) All hoistmen working in coal mines must be certified as follows:
(a) Applicants must have experience and training as approved by the board
or the United States mine safety and health administration.
(b) (Deleted by amendment, L. 96, p. 378, � 3, effective July 1, 1996.)
Source: L. 88: Entire article R&RE, p. 1193, � 3, effective July 1. L. 96: (6) and
(7) amended, p. 378, � 3, effective July 1. L. 2020: (2) and (3) amended, (HB 20-1208), ch. 119, p. 495, � 5, effective June 23.
Editor's note: This section is similar to former �� 34-21-109 and 34-21-114 as
they existed prior to 1988.
C.R.S. § 34-24-102
34-24-102. Coal or other mine maps. (1) Every operator shall make a map of the surface of the property and a map of the underground workings. Such map shall be updated and submitted annually to the division.
(2) Each map shall be retained by the division in its permanent records. Such
records shall be available for inspection, on request, by the public. Maps filed with the division prior to July 1, 1980, shall be made available to the public if the property is abandoned, and such maps shall be made available to the public with permission of the operator if the map depicts a mine which is still in production.
(3) Whenever surface features of a mine property can be shown upon such
map without obscuring its details or impairing its usefulness, a separate map need not be made.
(4) Each map shall be made on a scale of not less than one hundred feet nor
more than five hundred feet to the inch unless a different scale is approved by the office of active and inactive mines, and such map shall bear the name or number of the mine, its location as to county, township, and section, the name of the company or operator, the north point, the scale to which the map is drawn and an explanatory legend, and the certificate of the engineer or surveyor as to the accuracy of the map.
(5) The underground map shall be made on the same scale as the surface
map unless a different scale is approved by the office of active and inactive mines and shall show the mine openings or excavations; the shafts, slopes, and drifts of the mine, the connections with other mines or workings, or any other seams in the same mine; the entries, rooms, pillars, and abandoned workings of the mine; and the barrier pillars between adjoining properties. Each map shall show the elevation of the mine haulageways and cross entries every five hundred feet.
Source: L. 88: Entire article R&RE, p. 1195, � 5, effective July 1. L. 92: Entire
section amended, p. 1935, � 27, effective July 1.
Editor's note: This section is similar to former �� 34-30-102 through 34-30-106 as they existed prior to 1988.
C.R.S. § 34-32-112
34-32-112. Application for reclamation permit - changes in permits - fees - notice. (1) An operator desiring to obtain a reclamation permit shall make written application to the board or to the office for a permit on forms provided by the board. The reclamation permit or the renewal of an existing permit, if approved, must authorize the operator to engage in such mining operation upon the affected land described in the application for the life of the mine. The application shall be filed through board-approved methods and consists of the following:
(a) Repealed.
(b) A reclamation plan submitted with each of the applications;
(c) An accurate map of the affected land submitted with each of the
applications;
(d) The application fee as specified in section 34-32-127 (2).
(2) The application forms shall state:
(a) The legal description and area of affected land;
(b) The owner of the surface of the area of affected land;
(c) The owner of the substance to be mined;
(d) The source of the applicant's legal right to enter and initiate a mining
operation on the affected land;
(e) The address and telephone number of the general office and the local
address and telephone number of the applicant;
(f) Information sufficient to describe or identify the type of mining operation
proposed and how the operator, in his sole discretion, intends to conduct it;
(g) The size of the area to be worked at any one time;
(h) The timetable estimating the periods of time which will be required for
the various stages of the mining operation. The operator shall not be required to meet the timetable, nor shall the timetable be subject to independent review by the board or the office.
(i) For in situ leach mining operations, a certification by the applicant that no
violations exist as described in section 34-32-115 (5)(d). If the applicant is not able to so certify, the applicant shall describe the circumstances as may be relevant to section 34-32-115 (5)(d) and provide the board or office any additional information reasonably requested regarding any such circumstances.
(j) For in situ leach mining operations, a description of at least five in situ
leach mining operations that demonstrates the ability of the applicant to conduct the proposed mining operation without any leakage, vertical or lateral migration, or excursion of any leaching solutions or groundwater-containing minerals, radionuclides, or other constituents mobilized, liberated, or introduced by the in situ leach mining process into any groundwater outside of the permitted in situ leach mining area. The fact that the applicant was not involved in any of the five operations shall not preclude the applicant from making the demonstration required by this paragraph (j).
(3) The reclamation plan shall include provisions for, or satisfactory
explanation of, all general requirements for the type of reclamation proposed to be implemented by the operator. Reclamation shall be required on all the affected land. The reclamation plan shall include:
(a) A description of the types of reclamation the operator proposes to
achieve in the reclamation of the affected land, why each was chosen, and the amount of acreage accorded to each;
(b) A description of how the reclamation plan will be implemented to meet
the requirements of section 34-32-116;
(c) A proposed plan or schedule indicating when and how reclamation will be
implemented. Such plan or schedule shall not be tied to any date specific, but shall be tied to the implementation or completion of different stages of the mining operation.
(d) Repealed.
(e) A map of all of the proposed affected land by all phases of the total
scope of the mining operation. It shall indicate the following:
(I) The expected physical appearance of the area of the affected land,
correlated to the proposed timetables required by paragraph (h) of subsection (2) of this section and the plan or schedule required by paragraph (c) of this subsection (3); and
(II) Portrayal of the proposed final land use for each portion of the affected
lands.
(4) The accurate map of the affected lands shall:
(a) Be made by a professional land surveyor, professional engineer, or other
qualified person;
(b) Identify the area which corresponds with the application;
(c) Show adjoining surface owners of record;
(d) Be made to a scale of not less than one hundred feet to the inch and not
more than six hundred sixty feet to the inch;
(e) Show the name and location of all creeks, roads, buildings, oil and gas
wells and lines, and power and communication lines on the area of affected land and within two hundred feet of all boundaries of such area;
(f) Show the total area to be involved in the operation, including the area to
be mined and the area of affected land;
(g) Show the topography of the area with contour lines of sufficient detail to
portray the direction and rate of slope of the affected land in question;
(h) Indicate on a map or by a statement the general type, thickness, and
distribution of soil over the area in question, including the affected land;
(i) Show the type of present vegetation covering the affected land.
(5) The reclamation plan shall also show by statement or map the depth and
thickness of the ore body or deposit to be mined and the thickness and type of the overburden to be removed.
(6) An application fee as specified in section 34-32-127 (2) shall be paid.
(7) Each phase of reclamation is to be completed within five years after the
date the operator advises the board that such phase has commenced, as provided in the introductory portion of section 34-32-116 (7)(q); except that such period may be extended by the board upon a finding that additional time is necessary for the completion of the terms of the reclamation plan.
(8) An operator may, within the term of a reclamation permit, apply to the
board or to the office for a reclamation permit amendment increasing the acreage to be affected or otherwise revising the reclamation plan. Where applicable, there shall be filed with any application for amendment a map and an application with the same content as required for an original application. The amended application shall be accompanied by a fee as specified in section 34-32-127 (2). Where an operator files a notice of temporary cessation pursuant to section 34-32-103 (6)(a)(II), such notice shall be accompanied by a fee as specified in section 34-32-127 (2). In addition, supplemental performance and financial warranties, as determined by the board or office, for any additional acreage shall be submitted. If the area of the original application is reduced, the amount of the financial warranty, as determined by the board or office, shall proportionately be reduced. Renewal applications shall contain the information required in the original application if different from that in the original application or renewal. The renewal reclamation permit shall show the area mined or disturbed and the area reclaimed since the original permit or the last renewal. Applications for renewal or amendment of a reclamation permit shall be reviewed by the board or the office in the same manner as applications for new reclamation permits.
(9) Information provided the board or the office in an application for a
reclamation permit relating to the location, size, or nature of the deposit or information required by subsection (5) of this section and marked confidential by the operator shall be protected as confidential information by the board and the office and not be a matter of public record in the absence of a written release from the operator or until such mining operation has been terminated. A person who willfully and knowingly violates the provisions of this subsection (9) or section 34-32-113 (3) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
(10) (a) Upon the filing of an application for a reclamation permit with the
board or the office, the applicant shall place a copy of such application for public inspection at the office of the board and at the office of the county clerk and recorder of the county in which the affected land is located. The copy of the application placed at the office of the county clerk and recorder shall not be recorded but shall be retained there until said application has been heard by the board or the office and be available for inspection during such period, and, at the end of such period, such copy may be reclaimed or destroyed by the applicant. The information exempted by subsection (9) of this section shall be deleted from such file copies.
(b) The applicant shall cause notice of the filing of such applicant's
application to be published in a newspaper of general circulation in the locality of the proposed mining operation once a week for four consecutive weeks, commencing not more than ten days after the filing of said application with the board or the office. Such notice shall contain information regarding the identity of the applicant, the location of the proposed mining operation if such information does not violate the provisions of subsection (9) of this section, the proposed dates of commencement and completion of the operation, the proposed future use of the affected land, the location where additional information about the operation may be obtained, and the location and final date for filing objections with the board or the office.
(c) In addition, the applicant shall mail a copy of such notice immediately
after first publication to all owners of record of the surface rights of the affected land, to the owners of record of immediately adjacent lands, to the owners of record of lands within three miles of affected land for in situ leach mining operations, and to any other persons who are owners of record that may be designated by the board that might be affected by the proposed mining operation. Proof of such notice and mailing, such as certified mail with return receipt requested where possible, shall be provided to the board or the office and become part of the application.
Source: L. 76: Entire article R&RE, p. 733, � 1, effective July 1. L. 79: (6)
amended, p. 1251, � 2, effective May 25; (10)(a) amended, p. 1253, � 1, effective July 1. L. 81: (6) amended, p. 1677, � 2, effective April 30; (8) amended, p. 1679, � 1, effective May 21; (8) amended, p. 1669, � 6, effective June 19. L. 83: (9) amended, p. 2051, � 22, effective October 14. L. 84: (4)(a) amended, p. 1122, � 32, effective June 7. L. 88: IP(1), (2)(f), (2)(h), IP(3), (3)(c), (3)(e)(I), (6) to (9), and (10)(a) amended and (3)(d) repealed, pp. 1208, 1215, �� 9, 16, effective July 1. L. 91: (6) amended, p. 757, � 32, effective April 4; IP(1), (2)(h), (8), (9), and (10) amended, p. 1420, � 3, effective May 6; (1)(d), (6), and (8) amended, p. 1434, � 7, effective July 1; (6) amended, p. 1072, � 53, effective July 1. L. 92: IP(1), (2)(h), (8), (9), and (10) amended, p. 1940, � 38, effective July 1. L. 2002: (9) amended, p. 1546, � 300, effective October 1. L. 2004: (10)(c) amended, p. 1784, � 1, effective June 4. L. 2008: (2)(i) and (2)(j) added and (10)(c) amended, pp. 936, 937, �� 3, 4, effective May 20. L. 2025: IP(1) amended and (1)(a) repealed, (SB 25-054), ch. 200, p. 890, � 5, effective August 6.
Editor's note: (1) This section is similar to former � 34-32-110 as it existed
prior to 1976.
(2) Amendments to subsection (8) by House Bill 81-1097 and House Bill 81-1518 were harmonized.
(3) Amendments to subsection (6) by House Bill 91-1115 and House Bill 91-1198 were harmonized. Amendments to subsection (8) by Senate Bill 91-177 and
House Bill 91-1115 were harmonized.
Cross references: (1) For the legislative declaration contained in the 2002
act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
(2) For the short title (Legacy Mining and Modernization Act) and the
legislative declaration in SB 25-054, see sections 1 and 2 of chapter 200, Session Laws of Colorado 2025.
C.R.S. § 34-32-127
34-32-127. Mined land reclamation fund - created - fees - fee adjustments - rules. (1) (a) All moneys collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the mined land reclamation fund, which fund is hereby created. The moneys in the mined land reclamation fund shall consist of fees collected by the office pursuant to this article. All interest derived from the investment of moneys in the mined land reclamation 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 and shall be subject to appropriation by the general assembly for the purposes for which the fund was created.
(b) The general assembly shall make annual appropriations from the mined
land reclamation fund for the direct and indirect costs of the office incurred in the performance of its duties under this article. Pursuant to section 34-32-102 (3), the mined land reclamation fund shall be used for, and shall be limited to, the actual costs of processing permits and for conducting annual reviews and inspections.
(2) (a) The office shall collect fees for fiscal year 2014-15 and for each
subsequent year of operation for operations according to the following schedule:
(I) Applications pursuant to:
(A) Section 34-32-110 (1) and (9) $ 288
(B) Section 34-32-110 (2) $ 1,006
(C) Section 34-32-110 (7) $ 1,725
(C.5) Section 34-32-110 relating to reclamation permit amendments $ 661
(D) Repealed.
(E) Section 34-32-112, except for applications relating to the mining
operations specified in sub-subparagraphs (F) and (G) of this subparagraph (I) $ 2,156
(F) Section 34-32-112 relating to quarries $ 2,674
(G) Section 34-32-112 relating to mining operations, other than designated
mining operations, where chemical or thermal processing is used for milling of an ore $ 3,565
(H) Section 34-32-112 (8) relating to reclamation permit amendments,
except as specified in sub-subparagraph (N) of this subparagraph (I) $ 1,783
(I) Section 34-32-112 (8) relating to revisions to permits other than amend-
ments $ 173
(J) Section 34-32-112 (8) relating to temporary cessations of operations $
115
(K) Section 34-32-113 $ 86
(L) Section 34-32-119 $ 115
(M) Section 34-32-112 relating to designated mining operations: The board
may designate an application fee by rule based upon the estimated cost to the office for processing certification and administrative review of such permits that shall not be less than $1,000 or more than $10,350 for such operation, except as specified in sub-subparagraph (N) of this subparagraph (I).
(N) Oil shale application, amendment, and revision to a permit other than an
amendment fee: If the costs to review and process an oil shale application, amendment, or revision to a permit other than an amendment exceeds twice the value of the fee for a new application, amendment, or revision to a permit other than an amendment pursuant to sub-subparagraph (H) or (M) of this subparagraph (I), the applicant shall pay the additional costs. The costs shall include those of the division, another division of the department involved in the review, and any consultants or other nongovernmental agents that have specific expertise on the issue in question acting at the request of the division in the review of the oil shale permit application, amendment, or revision to a permit other than an amendment. The division shall inform the applicant that the actual fee may exceed twice the value of the listed fee and shall provide the applicant with an estimate of the actual charges for the review of the application, amendment, or revision to a permit other than an amendment within ten days after receipt of the application. An appeal of this estimate shall be made to the board within ten days after the applicant's receipt of the estimate.
(O) In situ uranium application, amendment, and revision to a permit other
than an amendment fee: If the costs to review and process an in situ uranium application, amendment, or revision to a permit other than an amendment exceeds twice the value of the fee for a new application, amendment, or revision to a permit other than an amendment pursuant to sub-subparagraph (H) or (M) of this subparagraph (I), the applicant shall pay the additional costs. The costs shall include those of the division, another division of the department involved in the review, and any consultants or other nongovernmental agents that have specific expertise on the issue in question acting at the request of the division in the review of the in situ uranium permit application, amendment, or revision to a permit other than an amendment. The division shall inform the applicant that the actual fee may exceed twice the value of the listed fee and shall provide the applicant with an estimate of the actual charges for the review of the application, amendment, or revision to a permit other than an amendment within ten days after receipt of the application. An appeal of this estimate shall be made to the board within ten days after the applicant's receipt of the estimate.
(II) and (III) (Deleted by amendment, L. 95, p. 1189, � 5, effective July 1, 1995.)
(IV) Annual fees for fiscal year 2014-15 and for each subsequent year for
operations pursuant to:
(A) Repealed.
(A.5) Section 34-32-110 (1), (excluding designated mining operations) $ 172
(B) Section 34-32-110 (2) (excluding designated mining operations) $ 259
(C) Repealed.
(D) Section 34-32-112 (excluding designated mining operations) $ 633
(E) Section 34-32-112 (for designated mining operations) $ 1,150
(F) Section 34-32-110 (for designated mining operations) $ 518
(G) Section 34-32-113 $ 86
(V) Fees to the public for services such as copying, making copies of and
mailing board minutes, computer printouts, compilation reports, or other services shall be the same as the cost to the office for providing such services.
(a.1) Repealed.
(b) (Deleted by amendment, L. 95, p. 1189, � 5, effective July 1, 1995.)
(c) Repealed.
(3) Notwithstanding the amount specified for any fee in subsection (2) of this
section, the board by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the board by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
Source: L. 91: Entire section added, p. 1429, � 1, effective July 1. L. 92: (1),
IP(2)(a), (2)(a)(V), and (2)(b) amended, p. 1944, � 47, effective July 1. L. 93: (2) amended, p. 1196, � 16, effective July 1. L. 95: (2)(a)(II), (2)(a)(III), (2)(a)(V), and (2)(b) amended, p. 1189, � 5, effective July 1. L. 96: (2)(a)(I)(D), (2)(a)(IV)(C), and (2)(c) repealed, p. 179, � 4, effective April 18. L. 98: (3) added, p. 1340, � 61, effective June 1. L. 2007: (2)(a) amended, p. 958, � 1, effective July 1. L. 2008: (2)(a)(I)(C.5) and (2)(a)(I)(O) added and (2)(a)(I)(N) amended, pp. 1652, 1653, �� 1, 2, effective August 5. L. 2014: IP(2)(a), IP(2)(a)(IV), and (2)(a)(IV)(A) amended and (2)(a)(IV)(A.5) and (2)(a.1) added, (SB 14-076), ch. 42, p. 212, � 2, effective March 20. L. 2022: (2)(a)(IV)(A.5) amended, (SB 22-212), ch. 421, p. 2984, � 78, effective August 10. L. 2025: (2)(a)(I)(A) amended, (SB 25-054), ch. 200, p. 894, � 12, effective August 6.
Editor's note: Subsection (2)(a.1) provided for the repeal of subsections
(2)(a)(IV)(A) and (2)(a.1), effective July 1, 2015. (See L. 2014, p. 212.)
Cross references: For the short title (Legacy Mining and Modernization
Act) and the legislative declaration in SB 25-054, see sections 1 and 2 of chapter 200, Session Laws of Colorado 2025.
ARTICLE 32.5
Colorado Land Reclamation Act for the
Extraction of Construction Materials
34-32.5-101. Short title. This article shall be known and may be cited as the
Colorado Land Reclamation Act for the Extraction of Construction Materials.
Source: L. 95: Entire article added, p. 1155, � 1, effective July 1.
34-32.5-102. Legislative declaration. (1) The general assembly hereby
declares that the extraction of construction materials for government and private enterprise and the reclamation of land affected by such extraction are necessary and proper activities that are compatible. It is the intent of the general assembly to foster and encourage the development of an economically sound and stable extraction materials industry and to encourage the orderly development of the state's natural resources while requiring those persons involved in extraction operations to reclaim land affected so that it may be put to a use beneficial to the people of this state. It is the further intent of the general assembly to conserve natural resources, aid in the protection of wildlife and aquatic resources, establish agricultural, recreational, residential, and industrial sites, and protect and promote the health, safety, and general welfare of the people of this state.
(2) The general assembly further declares that a reclamation regulatory
program shall be developed under which the economic costs of reclamation measures shall bear a reasonable relationship to the environmental benefits derived from such measures. When considering the requirements of reclamation measures, the mined land reclamation board or the office of mined land reclamation shall determine the economic reasonableness of the action by evaluating the benefits expected to result from the use of such measures. When considering economic reasonableness, the financial condition of an operator shall not be a factor.
(3) The general assembly further finds and declares that:
(a) It is the policy of this state to recognize that extraction operations are
conducted by both government and private entities;
(b) All residents of this state benefit from the reclamation of land;
(c) The funding needed to ensure that reclamation is achieved should be
borne equitably by the public and private sectors;
(d) The funding for enforcement and other activities conducted for the
benefit of the general public should be supported by the general fund; and
(e) It is the policy of this state to allocate resources adequate to accomplish
the purposes of this article.
Source: L. 95: Entire article added, p. 1155, � 1, effective July 1.
34-32.5-103. Definitions. As used in this article, unless the context
otherwise requires:
(1) Affected land means the surface of an area within the state where a
mining operation is being or will be conducted, which surface is disturbed as a result of an operation. Affected lands include, but shall not be limited to, private ways, roads (except those roads excluded by this subsection (1)); land excavations; exploration sites; drill sites or workings; refuse banks or spoil piles; evaporation or settling ponds; work, parking, storage, or waste discharge areas; and areas in which structures, facilities, equipment, machines, tools, or other materials or property that result from or are used in such operations are situated. Affected land does not include land that has been reclaimed pursuant to an approved plan or otherwise, as may be approved by the board, or off-site roads that were constructed for purposes unrelated to the proposed operation, were in existence before a permit application was filed with the office, and will not be substantially upgraded to support the operation or off-site groundwater monitoring wells.
(1.5) Aggrieved means suffering actual loss or injury, or being exposed to
potential loss or injury, to legitimate interests. Such interests include, but are not limited to, business, economic, aesthetic, governmental, recreational, or conservational interests.
(2) Board means the mined land reclamation board established by section
34-32-105.
(3) Construction material means rock, clay, silt, sand, gravel, limestone,
dimension stone, marble, or shale extracted for use in the production of nonmetallic construction products.
(4) Department means the department of natural resources.
(5) Development means work performed with respect to a construction
materials deposit following the exploration required to prove construction materials are in existence in commercial quantities but prior to production activities. Development work includes, but is not limited to, work that must be performed for the purpose of preparing the site for mining, defining further the deposit by drilling or other means, conducting pilot plant operations, constructing roads or ancillary facilities, and other related activities.
(6) Director means the director of the division of reclamation, mining, and
safety.
(7) Division means the division of reclamation, mining, and safety created in
section 34-20-103.
(8) Executive director means the executive director of the department of
natural resources.
(9) Exploration means the act of searching for or investigating a
construction materials deposit. Exploration includes, but is not limited to, sinking shafts, tunneling, drilling core and bore holes, and digging pits, cuts, or other works for the purpose of extracting samples prior to the commencement of development or extraction, and the building of roads, access ways, and other facilities related to such work. Exploration does not include:
(a) An activity that causes very little or no surface disturbance, such as
airborne surveys and photographs, the use of instruments or devices that are hand-carried or otherwise transported over the surface to make magnetic, radioactive, or other tests and measurements, boundary or claim surveying, location work, or other work that causes no greater land disturbance than is caused by ordinary lawful use of the land by persons not involved in exploration activities; or
(b) Any single activity that results in the disturbance of a single block of land
totaling one thousand six hundred square feet or less of the land's surface, not to exceed two such disturbances per acre; except that the cumulative total of such disturbances may not exceed five acres statewide in any exploration operation extending over twenty-four consecutive months.
(10) Financial warranty means a warranty of the type described in section
34-32.5-117 (3).
(11) Life of the mine means, with respect to a permit granted pursuant to
section 34-32.5-110, 34-32.5-111, or 34-32.5-112, a period lasting as long as:
(a) An operator continues to engage in the extraction of construction
materials and complies with this article. The life of the mine includes that period of time after the cessation of production that is necessary to complete the reclamation of disturbed lands as required by the board and this article and continues until the board releases the operator, in writing, from further reclamation obligations regarding the affected land, declares the operation terminated, and releases all applicable performance and financial warranties.
(b) Construction material reserves are shown by the operator to remain in the
operation and the operator plans to, or does, temporarily cease production for one hundred eighty days or more if such operator files a notice with the board stating the reasons for nonproduction, a plan for the resumption of production, and the measures taken to comply with reclamation and other necessary activities as established by the board to maintain the operation in a nonproducing state. The requirement of a notice of temporary cessation shall not apply to operators who resume operating within one year and have included in their permit applications a statement that the affected lands are to be used for less than one hundred eighty days per year.
(c) Production is resumed within five years after the date production ended,
or the operator files a report with the board requesting an extension of the period of temporary cessation of production stating the reasons for the continuation of nonproduction and those factors necessary to, and the plans for, resumption of production. In no case shall a temporary cessation of production be continued for more than ten years without terminating the operation and fully complying with the reclamation requirements of this article.
(d) The board does not take action to declare termination of the life of the
mine, which action shall require a sixty-day notice to the operator alleging a violation of paragraph (a), (b), or (c) of this subsection (11), or that inadequate reasons are provided in an operator's report under such paragraphs. In such cases, the board shall provide a reasonable opportunity for the operator to meet with the board to present his or her full case and shall provide reasonable time for such operator to comply with this article.
(e) The operator complies with section 34-32.5-109 (2).
(12) Mining means the extraction of construction materials.
(13) Mining operation means the development or extraction of a
construction material from its natural occurrences on affected land. The term includes, but is not limited to, open mining and surface operation. The term also includes transportation and processing operations on affected land. The term does not include concentrating, milling, evaporation, cleaning, preparation, transportation, and other off-site operations not conducted on affected land.
(14) Office means the office of mined land reclamation, created in section
34-32-105.
(15) Open mining means the mining of materials by removing the
overburden lying above such deposits and mining directly from the deposits thereby exposed. Open mining also means mining directly from such deposits where there is no overburden. The term includes but is not limited to such practices as open cut mining, open pit mining, strip mining, quarrying, and dredging.
(16) Operator means a person, firm, general or limited partnership,
association, or corporation or any department, division, or agency of federal, state, county, or municipal government engaged in or controlling a mining operation.
(17) Overburden means earth and other materials that lie above natural
minerals and includes earth and other materials that are disturbed from their natural state in the process of extracting construction materials.
(18) Performance warranty means a warranty of the type described in
section 34-32.5-117 (2).
(19) Reclamation means the employment, during and after an operation, of
procedures reasonably designed to minimize as much as practicable the disruption from an operation and provide for the establishment of plant cover, stabilization of soil, protection of water resources, or other measures appropriate to the subsequent beneficial use of the affected lands. Reclamation shall be conducted in accordance with the performance standards of this article.
(20) Refuse means all waste material directly associated with the cleaning
and preparation of substances excavated by an operation.
Source: L. 95: Entire article added, p. 1156, � 1, effective July 1. L. 2006: (9)
amended, p. 1193, � 1, effective May 25; (1) amended, p. 1285, � 2, effective May 26; (6) and (7) amended, p. 217, � 13, effective August 7.
34-32.5-104. Administration. In addition to the duties and powers
prescribed by the provisions of article 4 of title 24, C.R.S., the office and the board have the full power and authority to carry out and administer the provisions of this article. The office is responsible for the enforcement of reclamation permits only and has no authority or duty to enforce other local, state, or federal agency permits unless otherwise authorized by law.
Source: L. 95: Entire article added, p. 1159, � 1, effective July 1.
34-32.5-105. Office of mined land reclamation - mined land reclamation
board. The office and the board created in section 34-32-105 shall administer this article.
Source: L. 95: Entire article added, p. 1160, � 1, effective July 1.
34-32.5-106. Duties of board. In addition to the duties of the board set forth
in section 34-32-106 (1), the board shall cause to be published the minutes of its meetings and approve or deny reclamation permits. The board may delegate its responsibility to approve reclamation permits to the director except for regular permits under section 34-32.5-112, where there is a written objection.
Source: L. 95: Entire article added, p. 1160, � 1, effective July 1.
34-32.5-107. Powers of board. The board has the powers set forth in section
34-32-107.
Source: L. 95: Entire article added, p. 1160, � 1, effective July 1.
34-32.5-108. Rules. The board may adopt and promulgate reasonable rules
respecting the administration of this article.
Source: L. 95: Entire article added, p. 1160, � 1, effective July 1.
34-32.5-109. Reclamation permit required - existing permits. (1) Before
engaging in a new operation, an operator shall first obtain from the board or office a reclamation permit pursuant to section 34-32.5-110, 34-32.5-111, or 34-32.5-112. Notwithstanding this subsection (1), an operator who obtained a permit under section 34-32-110, 34-32-111, or 34-32-112 before July 1, 1995, which permit was valid as of such date, shall continue to operate under such permit, and such permit shall be deemed to be a permit issued under the provisions of this article.
(2) (a) A reclamation permit shall be effective for the life of the stated
operation if the operator complies with the conditions of such reclamation permit, this article, and rules promulgated pursuant to this article that are in effect at the time the permit is issued or amended, except as otherwise provided in paragraph (b) of this subsection (2). Nothing in this article shall be construed to abrogate the duty of the operator to comply with other applicable statutes and rules.
(b) (I) This paragraph (b) shall apply to new statutory or regulatory
requirements only and shall not serve to reopen the entire permit for technical review or for modification of the postmining land use.
(II) The board may, where good cause is shown, determine that certain
regulations not in effect at the time a permit is given should be applicable to such existing permits or to any specified class or category of existing permits, if:
(A) The board or office provides individual notice of the subject matter of the
proposed rule in such manner as the board may require and the time, date, and place of the rule-making hearing to operators with existing permits who may be affected by such rule;
(B) The board finds during the rule-making hearing that a failure to apply
such proposed rule to existing permits or to an affected class or category of existing permits would pose a reasonable potential for danger to persons or property or the environment; and
(C) The board sets a schedule for existing permit-holding operators to
comply with that is reasonable in light of the gravity of the risk to be avoided, any technical considerations, the cost of compliance, and any other relevant factors.
(III) If the board makes a good faith effort to comply with the requirements of
sub-subparagraph (B) of subparagraph (II) of this paragraph (b) and complies with the applicable provisions of article 4 of title 24, C.R.S., the adopted rule shall not be deemed invalid on the ground that notice to the affected parties was inadequate.
(3) No governmental office of the state, other than the board, nor any
political subdivision of the state shall have the authority to issue a reclamation permit pursuant to this article, to require reclamation standards different than those established in this article, or to require any performance or financial warranty of any kind for mining operations. The operator shall be responsible for assuring that the mining operation and the postmining land use comply with city, town, county, or city and county land use regulations and any master plan for extraction adopted pursuant to section 34-1-304 unless a prior declaration of intent to change or waive the prohibition is obtained by the applicant from the affected political subdivisions. Any mining operator subject to this article shall also be subject to zoning and land use authority and regulation by political subdivisions as provided by law.
(4) Upon receipt of an application for a reclamation permit, the board shall
provide notice of such application to all counties in which proposed mining operations are located and to each municipality located within two miles of the area of proposed mining operations.
Source: L. 95: Entire article added, p. 1160, � 1, effective July 1. L. 96: (1)
amended, p. 179, � 5, effective April 18.
34-32.5-110. Existing limited impact operations - expedited process. (1) (a)
Any person desiring to conduct mining operations on less than ten acres, prior to commencement of mining, shall file with the office, on a form approved by the board, an application for a permit to conduct mining operations. This application shall contain the following:
(I) The address and telephone number of the general office and the local
address or addresses and telephone number of the operator;
(II) The name, address, and telephone number of the owner of the surface of
the affected land;
(III) The name of the owner of the subsurface rights of the affected land;
(IV) A statement that the operations will be conducted pursuant to the terms
and conditions listed on the application and in accordance with the provisions of this article and the rules and regulations promulgated pursuant to this article at the time the permit was approved or amended;
(V) A map showing information sufficient to determine the location of the
affected land and existing and proposed roads or access routes to be used in connection with the mining operation;
(VI) The approximate size of the affected land;
(VII) Information sufficient to describe or identify the type of mining
operation proposed and how the operator intends to conduct it;
(VIII) A statement that the operator has applied for necessary local
government approval;
(IX) Measures to be taken to reclaim any affected land consistent with the
requirements of section 34-32.5-116.
(b) The application required by this subsection (1) shall be sent to the office.
If the office denies the application, the applicant may appeal to the board for final determination.
(2) A fee as specified in section 34-32.5-125, and a financial warranty in an
amount the board shall determine pursuant to section 34-32.5-117 (4), shall accompany the application and shall be paid by the applicant.
(3) The operator, at any time after the completion of reclamation, may notify
the board that the land has been reclaimed. Upon receipt of the notice that the affected land or a portion of it has been reclaimed, the board shall cause the land to be inspected and shall release the performance and financial warranties or appropriate portions thereof within thirty days after the board finds the reclamation to be satisfactory and in accordance with a plan agreed upon by the board and the operator.
(4) Applications for permits made pursuant to subsection (1) of this section
shall be processed and final action taken thereon within thirty days of the filing of such application. If action upon the application is not completed within thirty days, the permit shall be deemed approved and shall be promptly issued upon presentation by the applicant of a financial warranty in the amount provided in subsection (2) of this section. The provisions of sections 34-32.5-112, 34-32.5-114, and 34-32.5-115 concerning publication, notice, written objections, petitions, and supporting documents shall, so far as practicable, apply to this section, but the board shall, by regulation, provide simplified and reduced procedures and requirements that are applicable to the thirty-day period. Within the thirty-day period, the board may make a determination on an application as provided in sections 34-32.5-114 and 34-32.5-115.
(5) (a) Any operator conducting an operation under a permit issued under
this section who has held the permit for two consecutive years or more and who subsequently desires to expand it to a size in excess of the limitation set forth in subsection (1) of this section may request the conversion of the permit by filing an application for a permit pursuant to subsection (1) of this section or section 34-32.5-112; except that the applicant need not supply information, materials, and other data and undertakings previously supplied, including any additional materials provided to the board during the course of his current operation or resulting from the board's inspections thereof.
(b) Applications for conversion of a permit under this subsection (5) shall be
processed and final action taken thereon in accordance with subsection (1) of this section or section 34-32.5-115, as appropriate. If action upon the conversion of the permit is taken in accordance with the time limits of this subsection (5) or section 34-32.5-115, the conversion shall be deemed approved, and a permit for the life of the mine shall be promptly issued upon presentation by the applicant of a financial warranty subject to the limitations provided in subsection (2) of this section or in section 34-32.5-115 (3) or 34-32.5-117 (4).
(c) The provisions of sections 34-32.5-112, 34-32.5-114, and 34-32.5-115
concerning publication, notice, written objections, petitions, and supporting documents shall so far as practicable apply to this section.
(d) The board or office shall not deny the conversion of a permit for any
reason other than those set forth in section 34-32.5-115 (4).
(6) If the operator is a department, division, or agency of federal, state,
county, or municipal government, the operator may, at its discretion, submit one composite application and annual report for all similarly situated sand, gravel, or quarry operations. Such composite application and annual report shall comply with subsections (1) to (5) of this section. Financial warranty under subsection (2) of this section shall not be required of the operator if it is a unit of county or municipal government or the department of transportation and the operator submits a written guarantee, in lieu of financial warranty, stating that the affected lands will be reclaimed in accordance with the terms of the permit and section 34-32.5-116.
(7) An operator may, within the term of a reclamation permit, apply to the
board or to the office for a reclamation permit amendment increasing the acreage to be affected or otherwise revising the reclamation plan. Where applicable, there shall be filed with any application for amendment a map and an application with the same content as required for an original application. The amended application shall be accompanied by a fee as specified in section 34-32.5-125.
Source: L. 95: Entire article added, p. 1161, � 1, effective July 1.
34-32.5-111. Special permits - fifteen-calendar-day processing. (1) (a) An
operator of a construction materials extraction operation is subject to this section if the operation is conducted solely to obtain materials for highway, road, utility, or similar construction purposes under a federal, state, county, city, town, or special district contract that requires work to commence within a specified short period of time and will affect no more than thirty acres of land.
(b) An operator of a one-time excavation project that is not performed
pursuant to a federal, state, county, city, town, or special district contract is subject to this section if the project generates small quantities of construction materials that are exported from the extraction site and are incidental to the intent of the project. A one-time excavation project that results in excess construction materials and that introduces construction materials into the construction materials market must obtain a permit pursuant to this subsection (1)(b). An operation that qualifies for a permit pursuant to this subsection (1)(b) must be clearly defined, of short duration and scope, affect no more than thirty acres, and not employ material processing activities typically associated with mining operations. Reclamation of all affected lands shall be completed within twelve months after issuance of the permit. An operator possessing a permit issued pursuant to this subsection (1)(b) must convert to the appropriate regular construction materials permit if extraction and export of materials from the site are not completed within twelve months after issuance of a permit pursuant to this subsection (1)(b).
(2) (a) An operator shall apply for a special permit by filing a written
application with the board on forms provided by the board for such purpose. An approved special permit shall authorize the operator to engage in the operations described on such permit until the contractual reason for such operations has been completed.
(b) An application shall consist of:
(I) Three application forms;
(II) The application fee specified in section 34-32.5-125;
(III) The financial warranty specified in subsection (5) of this section, unless
the office shows good cause that the board should set such financial warranty at a different amount pursuant to section 34-32.5-117; and
(IV) Three copies of an accurate map of the affected land, prepared by a
professional land surveyor, professional engineer, or other qualified person. Such map shall show information sufficient to determine the location of the affected land and existing and proposed roads or access routes to be used in connection with the operation.
(c) Each application form must include:
(I) The name and address of the general office and the local address or
addresses of the operator;
(II) The name and address of the owner of the surface of the affected land;
(III) The name and address of the owner of the subsurface rights of the
affected land;
(IV) The approximate size of the affected land;
(V) Information sufficient to describe or identify the type of operation
proposed and how it will be conducted;
(VI) The measures to be taken to comply with applicable provisions of
section 34-32.5-116;
(VII) The terms of the governmental contract that make a special permit
necessary or a clear description of the one-time excavation project described in subsection (1)(b) of this section;
(VIII) Evidence of any financial warranty required under the governmental
contract; and
(IX) A statement that the operator has applied for necessary local
government approval.
(3) If the board determines that any of the affected land lies within the
boundaries of lands described in section 34-32.5-115 (4)(f), such land shall be withdrawn from the operation.
(4) At any time after the completion of reclamation the operator may notify
the board that the land or a portion of the land has been reclaimed. Upon receipt of such notice the board shall cause the land to be inspected, and, within sixty days after the board finds the reclamation to be satisfactory and in accordance with the plan agreed upon, the board shall release the performance and financial warranties or the appropriate portions of such warranties.
(5) Special permits shall be denied or issued by the board within fifteen
calendar days after the date an application is submitted. Approval shall depend on the application, map, fee, performance warranty, and financial warranty being in compliance with this section. If action on an application is not completed within such fifteen-day period, the permit shall be approved and promptly issued upon presentation by the applicant of a financial warranty in the amount of two thousand five hundred dollars per affected acre or such other amount as may be specified by rule of the board.
(6) A governmental subdivision shall be exempt from subparagraphs (II) and
(III) of paragraph (b) of subsection (2) of this section when such subdivision, acting as an operator, requires a permit solely to mine construction materials for the construction of public roads under a contract with the department of transportation or otherwise.
Source: L. 95: Entire article added, p. 1164, � 1, effective July 1. L. 2018: (1),
IP(2)(c), and (2)(c)(VII) amended, (SB 18-184), ch. 132, p. 857, � 1, effective August 8.
34-32.5-112. Application for reclamation permit - changes in permits - fees
-
notice. (1) (a) To obtain a reclamation permit, an operator shall apply in writing to the board or the office on forms provided by the board. If approved, the reclamation permit shall authorize the operator to engage in the mining operation described in the application upon the affected land for the life of the mine.
(b) An application shall be filed through board-approved methods and consists of:
(I) Repealed.
(II) A reclamation plan submitted with each copy of the application;
(III) An accurate map of the affected land submitted with each copy of the application; and
(IV) The application fee specified in section 34-32.5-125.
(c) Each application form shall include:
(I) The legal description and area of affected land;
(II) The name of the owner of the surface of the area of affected land;
(III) The name of the owner of the substance to be mined;
(IV) The source of the applicant's legal right to enter and initiate a mining operation on the affected land;
(V) The address and telephone number of the general office and the local address and telephone number of the applicant;
(VI) Information sufficient to describe or identify the type of mining operation proposed and how the operator intends to conduct such operation;
(VII) The size of the area to be worked at any one time;
(VIII) A timetable estimating the periods required for various stages of the mining operation. The operator shall not be required to meet the timetable, nor shall the timetable be subject to independent review by the board or the office.
(2) The reclamation plan shall include provisions for, or a satisfactory explanation of, all general requirements for the type of reclamation proposed to be implemented by the operator. Reclamation shall be required on all the affected land. The reclamation plan shall include:
(a) A description of the types of reclamation the operator proposes to achieve in the reclamation of the affected land, why each was chosen, and the amount of acreage accorded to each;
(b) A description of how the reclamation plan will be implemented to meet section 34-32.5-116;
(c) A proposed plan or schedule indicating when and how reclamation will be implemented, and such plan or schedule shall not be tied to a specific date but shall be tied to the implementation or completion of different stages of the mining operation;
(d) A map showing the proposed affected lands by all phases of the total scope of the mining operation. Such map shall:
(I) Indicate the expected physical appearance of the area of the affected land, correlated to the proposed timetables required by subparagraph (VIII) of paragraph (c) of subsection (1) of this section and the plan or schedule required by paragraph (c) of this subsection (2); and
(II) Portray the proposed final land use for each portion of the affected lands.
(3) The map of the affected lands shall:
(a) Be made by a professional land surveyor, professional engineer, or other qualified person;
(b) Identify the area that corresponds with the application;
(c) Show adjoining surface owners of record;
(d) Be made to a scale of not less than one hundred feet to the inch and not more than six hundred sixty feet to the inch;
(e) Show the name and location of all creeks, roads, buildings, oil and gas wells and lines, and power and communication lines within the area of the affected land and within two hundred feet of all boundaries of such area;
(f) Show the total area to be involved in the operation, including the area to be mined and the area of affected land;
(g) Show the topography of the area using contour lines of sufficient detail to portray the direction and rate of slope of the affected land;
(h) Indicate on a map or by a statement the general type, thickness, and distribution of soil over the area in question, including the affected land;
(i) Show the type of vegetation covering the affected land.
(4) The reclamation plan shall also show by statement or map the depth and thickness of the deposit to be mined and the thickness and type of the overburden to be removed, and where overburden is stockpiled, the approximate volumes stockpiled.
(5) The application fee specified in section 34-32.5-125 shall be paid.
(6) Reclamation shall be completed within five years after the date the operator advises the board that each phase of construction material extraction has been completed, as provided in section 34-32.5-116 (4)(q). Such five-year period may be extended by the board upon a finding that additional time is necessary for the completion of the terms of the reclamation plan.
(7) (a) An operator may, within the term of a reclamation permit, apply to the board or the office for a reclamation permit amendment to increase the acreage to be affected or otherwise revise the reclamation plan. An application for the amendment of a reclamation permit shall be reviewed by the board or office in the same manner as an application for a new reclamation permit. The operator shall also submit such supplemental performance and financial warranties as may be required by the board or office for the additional acreage. If the area described in the original application is reduced, then the amount of the financial warranty shall be reduced proportionately. When applicable, the operator shall file with the application for amendment a map and an application with the same content as required for an original application.
(b) An amended application shall be accompanied by the fee specified in section 34-32.5-125.
(c) When an operator files a notice of temporary cessation pursuant to section 34-32.5-103 (11)(b), such notice shall be accompanied by the fee specified in section 34-32.5-125.
(8) The information provided in an application for a reclamation permit that relates to the location, size, or nature of the deposit or information required by subsection (4) of this section and that is marked confidential by the operator shall be protected by the board and the office as confidential information. Such information shall not be a matter of public record in the absence of a written release from the operator or until the mining operation has been terminated. A person who willfully and knowingly violates this subsection (8) or section 34-32.5-113 (3) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
(9) (a) Upon the filing of an application for a reclamation permit, the applicant shall place a copy of such application for public inspection at the office of the board and the office of the county clerk and recorder of the county in which the affected land is located. Such copy shall not include the information exempted by subsection (8) of this section. The copy placed at the office of the county clerk and recorder shall not be recorded but shall be retained until such application has been heard by the board or the office and shall be available for inspection during such period. At the end of such period, the copy may be reclaimed or destroyed by the applicant.
(b) The applicant shall cause notice of the filing of the application to be published in a newspaper of general circulation in the area of the proposed mining operation once a week for four consecutive weeks, commencing not more than ten days after the filing of such application with the board or office. Such notice shall contain information about the:
(I) Identity of the applicant;
(II) Location of the proposed mining operation, if such information does not violate subsection (8) of this section;
(III) Proposed dates of commencement and completion of the operation;
(IV) Proposed future use of the affected land;
(V) Location where additional information about the operation may be obtained;
(VI) Location and final date for filing objections with the board or the office.
(c) The applicant shall mail a copy of such notice immediately after first publication to all owners of record of the surface and mineral rights of the affected land, the owners of record of all land surface within two hundred feet of the affected lands, and any other owners of record designated by the board who may be affected by the proposed mining operation. Proof of such notice and mailing, such as certified mail with return receipt requested, where possible, shall be provided to the board or the office and shall become part of the application.
Source: L. 95: Entire article added, p. 1165, � 1, effective July 1. L. 2002: (8) amended, p. 1546, � 301, effective October 1. L. 2004: (9)(c) amended, p. 758, � 1, effective May 13. L. 2025: IP(1)(b) amended and (1)(b)(I) repealed, (SB 25-054), ch. 200, p. 894, � 13, effective August 6.
Cross references: (1) For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
(2) For the short title (Legacy Mining and Modernization Act) and the legislative declaration in SB 25-054, see sections 1 and 2 of chapter 200, Session Laws of Colorado 2025.
34-32.5-113. Exploration notice - reclamation requirements. (1) A person desiring to conduct exploration shall, prior to entry upon the lands, file with the board a notice of intent to conduct exploration operations on a form approved by the board. Such notice shall be accompanied by the fee specified in section 34-32.5-125.
(2) The notice shall contain:
(a) The name of the person or organization doing the exploration;
(b) A statement that exploration will be conducted pursuant to the terms and conditions listed on the approved form;
(c) A brief description of the type of operations that will be undertaken;
(d) A description of the lands to be explored, by township and range;
(e) An approximate date of commencement of operations; and
(f) A description of the measures to be taken to reclaim affected lands, consistent with section 34-32.5-116.
(3) All information provided to the board in a notice of intent to conduct exploration shall be protected as confidential information by the board and shall not be a matter of public record In the absence of a written release from the operator.
(4) (a) Upon filing a notice of intent to conduct exploration, the applicant shall provide a financial warranty in an amount determined by the office.
(b) An applicant may submit statewide warranties for exploration if such warranties are in an amount fixed by the board by rule and such person otherwise complies with this section for every area to be explored.
(5) Upon completion of the exploration, there shall be filed with the board a notice of completion of exploration operations. Reclamation shall be completed according to section 34-32.5-116 and the approved notice of intent.
(6) All drill holes sunk for the purpose of exploring for locatable or leasable minerals on any land within the state of Colorado shall be plugged, sealed, or capped pursuant to this subsection (6) by the person conducting the exploration. This subsection (6) shall not apply to holes drilled in conjunction with a mining operation for which the board has issued a permit nor to wells or holes regulated pursuant to section 34-33-117 and to article 60 of this title or article 80, 90, 91, or 92 of title 37, C.R.S.
(7) (a) Drill holes sunk for exploration purposes shall be abandoned in the following manner:
(I) Any artesian flow of groundwater to the surface shall be eliminated by a plug made of cement or similar material or by a procedure sufficient to prevent such flow.
(II) (A) Drill holes that encounter an aquifer in volcanic or sedimentary rock shall be sealed using a sealing procedure that is adequate to prevent fluid communication between aquifers.
(B) For purposes of this subparagraph (II), aquifer shall have the same meaning as set forth in section 37-90-103 (2), C.R.S.
(III) Each drill hole shall be securely capped at a minimum depth that is compatible with local cultivation p
C.R.S. § 34-33-110
34-33-110. Application for permit. (1) Any person desiring to obtain a permit to perform surface coal mining and reclamation operations shall make written application therefor to the office on forms approved by the board. Each application shall be submitted pursuant to the provisions of this article and shall be accompanied by a fee of twenty-five dollars, plus ten dollars for each acre of affected land; except that such fee shall not exceed two thousand five hundred dollars and shall not exceed the actual or anticipated cost of reviewing, administering, and enforcing such permit issued pursuant to this article. The board shall develop procedures so as to enable the cost of the fee to be paid over the term of the permit. All fees collected under the provisions of this article shall be deposited in the general fund.
(2) The permit application shall include the following:
(a) The name of the applicant and the address and telephone number of the
general office and the local office of the applicant;
(b) The names and addresses of:
(I) Every legal owner of record of the property (surface and mineral) to be
mined;
(II) The holders of record of any leasehold interests in the property;
(III) Any purchaser of record of the property under a real estate contract;
(IV) The operator, if he is a person different from the applicant;
(V) The owners of record of all surface and subsurface property interests
adjacent to any part of the permit area;
(c) If any of the entities described in paragraph (a) or (b) of this subsection (2)
are business entities other than a single proprietor, the names and addresses of the principals, officers, and resident agent;
(d) A statement of any current or previous surface coal mining permits held
by the applicant for operations in the United States and the permit identification in each pending application;
(e) If the applicant is a partnership, corporation, association, or other
business entity, where applicable, the names and addresses of every officer, partner, director, or person performing a function similar to a director, of the applicant, together with the name and address of any person owning of record ten percent or more of any class of voting stock of the applicant and a list of all names under which the applicant, partner, or principal shareholder previously operated a surface coal mining operation in the United States within the five-year period preceding the date of submission of the application;
(f) A statement of whether the applicant or any subsidiary, affiliate, or
person controlled by or under common control with the applicant has ever held any federal or state mining permit for surface coal mining operations which, in the five-year period prior to the date of submission of the application, has been suspended or revoked or has had a mining bond or similar security deposited in lieu of bond forfeited and, if so, a brief explanation of the facts involved;
(g) A copy of the applicant's notification to be published in a newspaper of
general circulation in the locality of the proposed site at least once a week for four successive weeks, which notification shall include the names of every legal owner of record of property (surface and mineral) in the proposed site, a description of the exact location and boundaries of the proposed site sufficient so that the proposed operation is readily locatable by local residents, and the location at which the application is available for public inspection;
(h) A description of the type and method of surface coal mining operation
that exists or is proposed, the engineering techniques used or proposed, and the equipment used or proposed;
(i) The anticipated or actual starting and termination dates of each phase of
the surface coal mining operation and the number of acres of land to be affected;
(j) An accurate map or plan, of an appropriate scale, clearly showing the land
to be affected as of the date of the application and the area of land within the permit area upon which the applicant has the legal right to enter and commence surface coal mining operations and a statement of those documents upon which the applicant bases such legal right to enter and commence surface coal mining operations on the area affected and whether that right is the subject of pending court litigation; except that nothing in this article shall be construed as vesting in the board or office the jurisdiction to adjudicate property rights disputes;
(k) The name of the watershed and location of the surface stream or
tributary into which surface and pit drainage will be discharged;
(l) A determination of the probable hydrologic consequences of the surface
coal mining and reclamation operations, both on and off the mine site, with respect to the hydrologic regime and the quantity and quality of water in surface and groundwater systems, including the dissolved and suspended solids under seasonal flow conditions and the collection of sufficient data for the mine site and surrounding areas, so that an assessment can be made by the office of the probable cumulative impacts of all anticipated mining in the area upon the hydrology of the area and particularly upon water availability;
(m) When requested by the office, the climatological factors that are unique
to the locality of the land to be affected, including the average seasonal precipitation, the average direction and velocity of prevailing winds, and the seasonal temperature ranges;
(n) Accurate maps or plans, of an appropriate scale, clearly showing the land
to be affected as of the date of application and all types of information set forth on topographical maps of the United States geological survey of a scale of one to twenty-four thousand or one to twenty-five thousand or larger, including all manmade features and significant known archeological sites existing on the date of application. Such maps or plans shall show, among other things specified by the office, all boundaries of the land to be affected, the boundary lines and names of present owners of record of all surface areas abutting the permit area, and the location of all buildings within one thousand feet of the permit area.
(o) Cross sections, maps, or plans of the land to be affected, including the
actual area to be mined, prepared by or under the direction of and certified by a qualified licensed professional engineer or professional geologist, showing pertinent elevation and location of test borings or core samplings and depicting the following: The nature and depth of the various strata of overburden; the location of subsurface water, if encountered, and its quality; the nature and thickness of any coal or rider seam above the coal seam to be mined; the nature of the stratum immediately beneath the coal seam to be mined; all coal crop lines and the strike and dip of the coal to be mined, within the area of land to be affected; existing or previous surface mining limits; the location and extent of known workings of any underground mines, including mine openings to the surface; the location of aquifers; the estimated elevation of the water table; the location of spoil, waste, or refuse areas and topsoil preservation areas; the location of all impoundments for waste or erosion control; the location of any settling or water treatment facility; the location of constructed or natural drainways and the location of any discharges to any surface body of water on the area of land to be affected or adjacent thereto; and profiles at appropriate cross sections of the anticipated final surface configuration that will be achieved pursuant to the operator's proposed reclamation plan;
(p) A statement of the result of test borings or core samplings from the
permit area, including logs of the drill holes; the thickness of the coal seam; and an analysis of the chemical and physical properties, including sulphur content, of such coal; a chemical analysis of potentially acid-forming or toxic-forming sections of the overburden; and a chemical analysis of the stratum lying immediately underneath the coal to be mined; except that the provisions of this paragraph (p) may be waived by the board or office with respect to the specific application by a written determination that such requirements are unnecessary; and
(q) For those lands in the permit application which a reconnaissance
inspection suggests may be prime farmlands, a soil survey made or obtained according to standards established by the secretary of the United States department of agriculture in order to confirm the exact location of such prime farmlands, if any.
(3) Each applicant shall be required to submit to the office as part of the
permit application a reclamation plan which shall meet the requirements of this article.
(4) Each applicant shall file a copy of the application for public inspection
with the county clerk and recorder of the county where the surface coal mining operations are proposed to occur, or any other public office, subject to regulations issued by the board, except for that information pertaining to the coal seam itself.
(5) Each applicant shall be required to submit to the office as part of the
permit application evidence that the applicant has satisfied other state or federal self-insurance requirements or a certificate issued by an insurance company authorized to do business in the United States certifying that the applicant has a public liability insurance policy in force for the surface coal mining and reclamation operations for which such permit is sought. Such policy shall provide for personal injury and property damage protection in an amount adequate to compensate any persons damaged as a result of surface coal mining and reclamation operations, including use of explosives, and entitled to compensation under the applicable provisions of state law. Such policy shall be maintained in full force and effect during the term of the permit or any renewal, including the term of all reclamation operations.
(6) Each applicant shall submit to the office as part of the permit application
a blasting plan which shall outline the procedures and standards by which the operator will meet the provisions of section 34-33-120 (2)(o).
(7) Information pertaining to coal seams, test borings, core samplings, or soil
samples as required by this section shall be made available to any person with an interest which is or may be adversely affected; except that information which pertains to the quantity of coal or the analysis of the chemical and physical properties of the coal (excepting that information which the office reasonably believes to concern a mineral or elemental content which is potentially toxic in the environment) shall be kept confidential and not made a matter of public record.
(8) The permit application, including the reclamation plan, shall contain such
other information, in addition to that required by this section or by section 34-33-111, or regulations promulgated thereunder, as the office deems necessary; except that requests by the office for such additional information shall be based upon good cause shown in terms of site specific needs and shall bear a reasonable relationship to the purposes and provisions of this article. Any applicant or operator shall have the right, at any regular meeting of the board, upon proper notice, to seek the informal opinion of the board concerning any information request or requirement made by the office in connection with the permit application or reclamation plan contained therein, and such informal opinion shall not be binding on any of the parties.
Source: L. 79: Entire article added, p. 1261, � 1, effective July 1. L. 92: (4)
amended, p. 1895, � 2, effective May 29; (1), (2)(j), (2)(l), (2)(m), (2)(n), (2)(p), (3), and (5) to (8) amended, p. 1947, � 53, effective July 1. L. 2004: (2)(o) amended, p. 1314, � 67, effective May 28.
C.R.S. § 34-33-111
34-33-111. Reclamation plan requirements. (1) Each reclamation plan submitted as part of a permit application pursuant to this article shall include, in the degree of detail necessary to demonstrate that reclamation required by this article can be accomplished, a statement of:
(a) The identification of the lands subject to surface coal mining operations
over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits will be sought;
(b) The condition of the land to be covered by the permit prior to any surface
coal mining operations, including:
(I) The uses existing at the time of the application and, if the land has a
history of previous mining, the uses which preceded any mining;
(II) The capability of the land prior to any mining to support a variety of uses,
giving consideration to soil and foundation characteristics, topography, and vegetative cover and, if applicable, a soil survey prepared pursuant to section 34-33-110 (2)(q); and
(III) The productivity of the land prior to mining, including appropriate
classification as prime farmlands, as well as the average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management;
(c) The use which is proposed to be made of the land following reclamation,
including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses and the relationship of such use to existing land use policies and plans, and the comments of any owner of the surface and the federal, state, and local governments or agencies thereof which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation;
(d) A detailed description of how the proposed postmining land use is to be
achieved and the necessary support activities which may be needed to achieve the proposed land use;
(e) The engineering techniques proposed to be used in the surface coal
mining and reclamation operations and a description of the major equipment to be used; a plan for the control of surface water drainage and of water accumulation; a plan, where appropriate, for backfilling, soil stabilization, and compacting, grading, and appropriate revegetation; a plan for soil reconstruction, replacement, and stabilization, pursuant to the performance standards in section 34-33-120 (2)(g), for those food, forage, and forest lands subject to the provisions of section 34-33-120 (2)(g); an estimate of the cost per acre of the reclamation, including a statement as to how the applicant plans to comply with each of the requirements set out in section 34-33-120;
(f) The consideration which has been given to maximize the utilization and
conservation of the solid fuel resource being recovered so that reaffecting the land in the future can be minimized;
(g) A detailed estimated timetable for the accomplishment of each major
step in the reclamation plan;
(h) The consideration which has been given to making the surface coal
mining and reclamation operations consistent with surface-owner plans and with applicable state and local land use plans and programs;
(i) The steps to be taken to comply with applicable air and water quality laws
and regulations and any applicable health and safety standards as administered by applicable state and federal agencies;
(j) The consideration which has been given to developing the reclamation
plan in a manner consistent with local physical, environmental, and climatological conditions;
(k) All lands, interests in lands, or options on such interests held by the
applicant or pending bids on interests in lands by the applicant, which lands are contiguous to the area to be covered by the permit;
(l) The results of test boring made at the area or other equivalent information
and data in a form satisfactory to the office, including the location of subsurface water, and an analysis of the chemical properties, including acid-forming properties, of the mineral and overburden; except that information which pertains to the quantity of the coal or to the analysis of the chemical and physical properties of the coal (excepting that information which the office reasonably believes to concern a mineral or elemental content which is potentially toxic in the environment) shall be kept confidential and shall not be made a matter of public record;
(m) A detailed description of the measures to be taken during the surface
coal mining and reclamation operations to assure the protection of:
(I) The quality of surface water and groundwater systems, both on-site and
off-site, from adverse effects of the surface coal mining and reclamation operations;
(II) The rights of present users to such water; and
(III) The quantity of water in surface and groundwater systems. Protection
measures may include providing water by exchange, substitution, replacement, or augmentation, as appropriate under state law.
(2) Any information required by this section which is not on public file
pursuant to state law shall be held in confidence by the board and the office.
Source: L. 79: Entire article added, p. 1264, � 1, effective July 1. L. 92: (1)(l)
and (2) amended, p. 1949, � 54, effective July 1.
C.R.S. § 34-33-120
34-33-120. Environmental protection performance standards - regulations. (1) Any permit issued under this article shall require that the surface coal mining and reclamation operations meet all applicable performance standards of this article.
(2) General performance standards shall be applicable to all surface coal
mining and reclamation operations and shall require such operations to:
(a) Conduct surface coal mining operations so as to maximize the utilization
and conservation of the solid fuel resource being recovered so that reaffecting the land in the future through surface coal mining can be minimized;
(b) Restore land affected to a condition capable of supporting the uses
which it was capable of supporting prior to any mining, or higher or better uses of which there is reasonable likelihood, so long as such use or uses do not present any actual or probable hazard to public health or safety or pose any actual or probable threat of water diminution or pollution which would be contrary to state or federal laws, rules, or regulations, and so long as the permit applicant's declared proposed land use following reclamation is not deemed to be impractical or unreasonable, is not inconsistent with applicable land use policies and plans, does not involve unreasonable delay in implementation, and is not violative of federal, state, or local law;
(c) Except as provided in subsection (3) of this section with respect to all
surface coal mining and reclamation operations, backfill, compact where needed to provide stability or to prevent leaching of toxic materials, and grade in order to restore the approximate original contour of the land, eliminating all highwalls, spoil piles, and depressions unless small depressions are needed in order to retain moisture to assist revegetation or as otherwise authorized pursuant to this article; except that, in surface coal mining which is carried out at the same location over a substantial period of time where the operations transect the coal deposit, and where the thickness of the coal deposits relative to the volume of the overburden is large, and where the operator demonstrates that the overburden and other spoil and waste materials at a particular point in the permit area or otherwise available from the entire permit area is insufficient, giving due consideration to volumetric expansion, to restore the approximate original contour, the operator, at a minimum, shall backfill, grade, and compact, where needed, using all available overburden and other spoil and waste materials to attain the lowest practicable grade, but not more than the angle of repose, to provide adequate drainage and to cover all acid-forming and other toxic materials, in order to achieve an ecologically sound land use compatible with the surrounding region; except that in surface coal mining where the volume of overburden is large relative to the thickness of the coal deposit and where the operator demonstrates that due to volumetric expansion the amount of overburden and other spoil and waste materials removed in the course of the mining operation is more than sufficient to restore the approximate original contour, the operator shall, after restoring the approximate original contour, backfill, grade, and compact, where needed, the excess overburden and other spoil and waste materials to attain the lowest grade, but not more than the angle of repose, and to cover all acid-forming and other toxic materials, in order to achieve an ecologically sound land use compatible with the surrounding region; and except that such overburden or spoil shall be shaped and graded in such a way as to prevent slides, erosion, and water pollution and shall be revegetated in accordance with the requirements of this article;
(d) Stabilize and protect all surface areas, including spoil piles, affected by
the surface coal mining and reclamation operations to effectively control erosion and attendant air and water pollution;
(e) Remove the topsoil from the land in a separate layer, replace it on the
backfill area or, if not utilized immediately, segregate it in a separate pile from other spoil, and, when the topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, maintain a successful cover by quick-growing plant or other means thereafter so that the topsoil is preserved from wind and water erosion, remains free of any contamination by other acid or toxic material, and is in a usable condition for sustaining vegetation when restored during reclamation; except that, if topsoil is of insufficient quantity or of poor quality for sustaining vegetation or if other strata can be shown to be more suitable for vegetation requirements, the operator shall remove, segregate, and preserve in a like manner such other strata which is best able to support vegetation;
(f) Restore the topsoil or the best available subsoil which is best able to
support vegetation;
(g) Unless exempted by section 34-33-114 (4)(b), for all prime farmlands as
identified in section 34-33-110 (2)(q) to be mined and reclaimed, comply with specifications for soil removal, storage, replacement, and reconstruction to be established by the secretary of the United States department of agriculture, and the operator shall be required, as a minimum, to:
(I) Segregate the A horizon of the natural soil, except where it can be shown
that other available soil materials will create a final soil having a greater productive capacity, and, if not utilized immediately, stockpile this material separately from other spoil and provide needed protection from wind and water erosion or contamination by other acid or toxic material;
(II) Segregate the B horizon of the natural soil, or underlying C horizons or
other strata, or a combination of such horizons or other strata that are shown to be both texturally and chemically suitable for plant growth and that can be shown to be equally or more favorable for plant growth than the B horizon, in sufficient quantities to create in the regraded final soil a root zone of comparable depth and quality to that which existed in the natural soil, and, if not utilized immediately, stockpile this material separately from other spoil and provide needed protection from wind and water erosion or contamination by other acid or toxic material;
(III) Replace and regrade the root zone material described in subparagraph
(II) of this paragraph (g) with proper compaction and uniform depth over the regraded spoil material; and
(IV) Redistribute and grade in a uniform manner the surface soil horizon
described in subparagraph (I) of this paragraph (g);
(h) Create, if authorized in the approved reclamation plan and permit,
permanent impoundments of water on mining sites as part of reclamation activities only when it is adequately demonstrated that:
(I) The size of the impoundment is adequate for its intended purposes;
(II) The impoundment dam construction will be so designed as to achieve
necessary stability with an adequate margin of safety compatible with that of structures constructed under Public Law 83-566, 16 U.S.C. sec. 1006;
(III) The quality of impounded water will be suitable on a permanent basis for
its intended use and that discharges from the impoundment will not degrade the water quality below water quality standards established pursuant to applicable federal and state law in the receiving stream;
(IV) The level of water will be sufficiently stable for its intended use;
(V) Final grading will provide adequate safety and access for proposed water
users; and
(VI) Such water impoundments will not result in the diminution of the quality
of water or the quantity of water available to water right holders for agricultural, industrial, recreational, or domestic uses;
(i) Conduct any augering operation associated with surface coal mining in a
manner to maximize recoverability of coal reserves remaining after the mining and reclamation operations are complete and seal all auger holes with an impervious and noncombustible material in order to prevent drainage except where the office determines that the resulting impoundment of water in such auger holes may create a hazard to the environment or the public health or safety; except that the office may prohibit augering if necessary to maximize the utilization, recoverability, or conservation of the solid fuel resources or to protect against adverse water quality impacts;
(j) Minimize the disturbances to the prevailing hydrologic balance at the mine
site and in associated off-site areas and to the quality and quantity of water in surface and groundwater systems both during and after surface coal mining operations and during reclamation by:
(I) Avoiding acid or other toxic mine drainage by such measures as, but not
limited to:
(A) Preventing or removing water from contact with toxic producing
deposits;
(B) Treating drainage to reduce toxic content which adversely affects
downstream water upon being released to watercourses;
(C) Casing, sealing, or otherwise managing boreholes, shafts, and wells to
keep acid or other toxic drainage from entering groundwaters and surface waters;
(II) (A) Conducting surface coal mining operations so as to prevent, to the
extent possible using the best technology currently available, additional contributions of suspended solids to streamflow or runoff outside the permit area, but in no event shall contributions be in excess of requirements set by applicable state or federal law;
(B) Constructing any siltation structures pursuant to sub-subparagraph (A)
of this subparagraph (II) prior to commencement of surface coal mining operations, such structures to be certified by a qualified registered engineer to be constructed as designed and as approved in the reclamation plan;
(III) Cleaning out and removing temporary or large settling ponds or other
siltation structures from drainways after disturbed areas are revegetated and stabilized and depositing the silt and debris at a site and in a manner approved by the office. The office may approve the retention of sediment ponds as permanent impoundments if all requirements of paragraph (h) of this subsection (2) are met.
(IV) Restoring recharge capacity of the mined area to approximate premining
conditions;
(V) Avoiding channel deepening or enlargement resulting from the discharge
of water from mines;
(VI) Preserving throughout the mining and reclamation process the essential
hydrologic functions of alluvial valley floors;
(VII) Taking such other actions reasonably related to the purposes of this
paragraph (j) as the office may prescribe for good cause shown;
(k) With respect to surface disposal of mine wastes, tailings, coal processing
wastes, and other wastes in areas other than the mine working or excavations, stabilize all waste piles in designated areas through construction in compacted layers and through the use of incombustible and impervious materials if necessary and assure that the final contour of the waste pile will be compatible with natural surroundings and that the site can and will be stabilized and revegetated according to the provisions of this article;
(l) Refrain from surface coal mining within five hundred feet, measured
horizontally, from active and abandoned underground mines in order to prevent breakthroughs and to protect the health and safety of miners; except that the office shall permit an operator to mine near, through, or partially through an abandoned underground mine or closer to an active underground mine if the nature, timing, and sequencing of the approximate coincidence of specific surface mine activities with specific underground mine activities are jointly approved by the office and by the United States mine safety and health administration, or its successor, and if such operations will result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public;
(m) Design, locate, construct, operate, maintain, enlarge, modify, and remove
or abandon, in accordance with the standards and criteria developed pursuant to subsection 515 (f) of the federal Surface Mining Control and Reclamation Act of 1977, as amended, all existing and new coal mine waste piles consisting of mine wastes, tailings, coal processing wastes, or other liquid and solid wastes and used either temporarily or permanently as dams or embankments;
(n) Ensure that all debris, acid-forming materials, toxic materials, or
materials constituting a fire hazard are treated or buried and compacted or otherwise disposed of in a manner designed to prevent contamination of groundwaters or surface waters and that contingency plans are developed to prevent sustained combustion;
(o) Ensure that explosives used in connection with the extraction of coal by
surface methods are used only in accordance with existing state and federal law and blasting regulations promulgated by the board, in consultation with appropriate state agencies, which shall include provisions to:
(I) Provide adequate advance written notice to local governments and
residents who might be affected by the use of such explosives by publication of the planned blasting schedule in a newspaper of general circulation in the locality and by mailing a copy of the proposed blasting schedule to every business or residence located within one-half mile of the proposed blasting site and by providing daily notice to resident occupants in such areas prior to any blasting or notice of less frequency as each resident occupant in such areas shall approve in writing;
(II) Maintain for a period of at least three years and make available for public
inspection upon request a log detailing the location of the blasts, the pattern and depth of the drill holes, the amount of explosives used per hole, and the order and length of delay in the blasts;
(III) Limit the type of explosives and detonating equipment and the size,
timing, and frequency of blasts based upon the physical conditions of the site so as to prevent injury to persons, damage to public and private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel, or availability of groundwaters or surface waters outside the permit area;
(IV) Require that all blasting operations be conducted by trained and
competent persons certified under a program which meets the minimum criteria established by applicable law;
(V) Provide that, upon the request of a resident or owner of a man-made
dwelling or structure within one-half mile of any portion of the permitted area, the applicant or permittee shall conduct a preblasting survey of such structures and submit the survey to the office and a copy to the resident or owner making the request. The area of the survey shall be decided by the office and shall include such provisions as the board shall promulgate.
(p) Ensure that all reclamation efforts proceed in an environmentally sound
manner and as contemporaneously as practicable with the surface coal mining operations; except that, where the applicant proposes to combine surface coal mining operations with underground mining to assure maximum practical recovery of the mineral resources, the board or office may grant a variance for specific areas within the reclamation plan from the requirement that reclamation efforts proceed as contemporaneously as practicable to permit underground mining prior to reclamation:
(I) If the board or office finds in writing that:
(A) The applicant has presented, as part of the permit application, specific,
feasible plans for the proposed underground mining operations;
(B) The proposed underground mining is necessary or desirable to assure
maximum practical recovery of the mineral resource and will avoid multiple disturbance of the surface;
(C) The applicant has satisfactorily demonstrated that the plan or revision
for the underground mining activities conforms to applicable local and state requirements for underground mining and that the permits necessary for the underground mining activities have been issued by the appropriate authorities;
(D) The areas proposed for the variance have been shown by the applicant to
be necessary for the proposed underground mining;
(E) No substantial adverse environmental damage, either on-site or off-site,
will result from the delay in completion of reclamation as required by this article;
(F) Provisions for the off-site storage of spoil will comply with paragraph (v)
of this subsection (2);
(II) If the board has promulgated specific regulations to govern the granting
of such variances in accordance with the provisions of this article;
(III) If variances granted under the provisions of this paragraph (p) are to be
reviewed by the office not more than three years from the date of issuance of the variance; and
(IV) If liability under the bond filed by the applicant with the office pursuant
to section 34-33-113 (2) will continue for the duration of the underground mining activities and until the requirements of this subsection (2) and section 34-33-125 have been fully complied with;
(q) Ensure that the construction, maintenance, and postmining conditions of
access roads into and across the site of operations will control or prevent erosion and siltation, pollution of water, or damage to fish or wildlife or their habitat or to public or private property;
(r) Refrain from the construction of roads or other access ways up a stream
bed or drainage channel or in such proximity to such channel so as to seriously alter the normal flow of water;
(s) Establish on the regraded areas, and all other lands affected, a diverse,
effective, and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area; except that introduced species may be used in the revegetation process where desirable and necessary to achieve the postmining land use specified in the approved reclamation plan;
(t) Assume responsibility for successful revegetation, as required by
paragraph (s) of this subsection (2), for a period of five years after the last year of augmented seeding, fertilizing, irrigation, or other work in order to assure compliance with paragraph (s) of this subsection (2); except that, in those areas or regions of the state where the annual average precipitation is twenty-six inches or less, the operator's assumption of responsibility and liability will extend for a period of ten years after the last year of augmented seeding, fertilizing, irrigation, or other work; except that, when the board approves a long-term, intensive, agricultural postmining land use, the applicable five-year or ten-year period of responsibility for revegetation shall commence at the date of initial planting for such long-term, intensive, agricultural postmining land use; and except that, when the board issues a written finding approving a long-term, intensive, agricultural postmining land use as part of the mining and reclamation plan, the office may grant exception to the provisions of paragraph (s) of this subsection (2);
(u) Protect off-site areas from slides or damage occurring during the surface
coal mining and reclamation operations and require that such operations not deposit spoil material or locate any part of the operations or waste accumulations outside the permit area;
(v) Place all excess spoil material resulting from surface coal mining and
reclamation operations in such a manner that:
(I) The spoil is transported and placed in a controlled manner in position for
concurrent compaction and in such a way to assure mass stability and to prevent mass movement;
(II) The areas of disposal are within the bonded permit areas and all
vegetative matter shall be removed immediately prior to spoil placement;
(III) The appropriate surface and internal drainage systems and diversion
ditches are used to prevent spoil erosion and movement;
(IV) The disposal area does not contain springs, natural watercourses or wet
weather seeps unless lateral drains are constructed from the wet areas to the main underdrains in such a manner that filtration of the water into the spoil pile will be prevented;
(V) If placed on a slope, the spoil is placed upon the most moderate slope of
those upon which, in the judgment of the division, the spoil could be placed in compliance with all of the requirements of this article and shall be placed, where possible, upon or above a natural terrace, bench, or berm, if such placement provides additional stability and prevents mass movement;
(VI) Where the toe of the spoil rests on a downslope, a rock toe buttress of
sufficient size is constructed to prevent mass movement;
(VII) The final configuration will be compatible with the natural drainage
pattern and surroundings and suitable for the proposed postmining land use;
(VIII) The design of the spoil disposal area is certified by a qualified licensed
professional engineer in conformance with professional standards; and
(IX) All other provisions of this article are met;
(w) Meet such other criteria as are necessary to achieve reclamation in
accordance with the purposes of this article, taking into consideration the physical, climatological, and other characteristics of the site;
(x) To the extent possible using the best technology currently available,
minimize disturbances from and adverse impacts of the surface coal mining operations on fish, wildlife, and related environmental values and achieve enhancement of such resources where practicable; and
(y) Provide for an undisturbed natural barrier beginning at the elevation of
the lowest coal seam to be mined and extending from the outslope for such a distance as the office shall determine shall be retained in place as a barrier to slides and erosion.
(3) (a) When an applicant meets the requirements of paragraphs (b) and (c)
of this subsection (3), a permit may be granted for surface coal mining operations without regard to the requirement to restore to approximate original contour set forth in paragraph (c) of subsection (2) of this section or subparagraph (II) or (III) of paragraph (a) of subsection (4) of this section if surface coal mining operations will remove an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill (except as provided in subparagraph (I) of paragraph (c) of this subsection (3)), by removing all of the overburden and creating a level plateau or a gently rolling contour with no highwalls remaining and capable of supporting postmining uses in accordance with the requirements of this subsection (3).
(b) In cases where an industrial, a commercial, an agricultural, a residential,
or a public use including a recreational facility is proposed for the postmining use of the affected land, the office shall grant a permit for a surface coal mining operation of the nature described in paragraph (a) of this subsection (3) if:
(I) After consultation with the appropriate land use planning agencies, if any,
the proposed postmining land use is deemed to constitute an equal or better economic or public use of the affected land, as compared with premining use;
(II) The applicant presents specific plans for the proposed postmining land
use and appropriate assurances that such use will be:
(A) Compatible with adjacent land uses;
(B) Obtainable according to data regarding expected need and market;
(C) Assured of investment in necessary public facilities;
(D) Supported by commitments from public agencies where appropriate;
(E) Practicable with respect to private financial capability for completion of
the proposed use;
(F) Planned pursuant to a schedule attached to the reclamation plan so as to
integrate the surface coal mining and reclamation operations with the postmining land use; and
(G) Designed by a registered engineer in conformance with professional
standards established to assure the stability, drainage, and configuration necessary for the intended use of the site;
(III) The proposed use would be consistent with adjacent land uses and
existing state and local land use plans and programs;
(IV) The office provides the board of county commissioners, of the county in
which the land is located, and any state or federal agency which the office determines to have an interest in the proposed use an opportunity of not more than sixty days to review and comment on the proposed use; and
(V) All other requirements of this article will be met.
(c) In granting any permit pursuant to this subsection (3), the office shall
require that:
(I) The toe of the lowest coal seam and the overburden associated with it are
retained in place as a barrier to slides and erosion;
(II) The reclaimed area be stable;
(III) The resulting plateau or rolling contour drain inward from the outslopes
except at specified points;
(IV) No damage be done to natural watercourses;
(V) Spoil will be placed on the mountaintop bench as is necessary to achieve
the proposed postmining land use; except that all excess spoil material not retained on the mountaintop shall be placed in accordance with the provisions of paragraph (v) of subsection (2) of this section;
(VI) Stability of the spoil retained on the mountaintop be ensured; and
(VII) All other requirements of this article will be met.
(d) The board shall promulgate specific regulations to govern the granting of
permits in accord with the provisions of this subsection (3).
(e) All permits granted under the provisions of this subsection (3) shall be
reviewed not more than three years from the date of issuance of the permit, unless the applicant affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the approved schedule and reclamation plan.
(4) (a) The following performance standards shall be applicable to steep-slope surface coal mining and shall be in addition to those general performance
standards required by this section; except that the provisions of this subsection (4) shall not apply to surface coal mining on flat or gently rolling terrain on which an occasional steep slope is encountered through which the mining operation is to proceed, leaving a plain or predominantly flat area or in which an operator is in compliance with the provisions of subsection (3) of this section:
(I) Ensure that, when performing surface coal mining on steep slopes, no
debris, abandoned or disabled equipment, spoil material, or waste mineral matter be placed on the downslope below the bench or mining cut; except that spoil material in excess of that required for the reconstruction of the approximate original contour under the provisions of paragraph (c) of subsection (2) of this section or subparagraph (II) of this paragraph (a) shall be permanently stored pursuant to paragraph (v) of subsection (2) of this section.
(II) Complete backfilling with spoil material shall be required to cover
completely the highwall and return the site to the approximate original contour, which material shall maintain stability following the surface coal mining and reclamation operations.
(III) The operator shall not disturb land above the top of the highwall unless
the board or office finds that such disturbance will facilitate compliance with the environmental protection standards of this section; except that the land disturbed above the highwall shall be limited to that amount necessary to facilitate said compliance.
(b) For the purposes of this subsection (4), the term steep slope means any
slope above twenty degrees or such lesser slope as may be determined by the board or office after consideration of soil, climate, and other characteristics of a region.
(5) (a) The board shall establish procedures pursuant to which it may permit
variances for the purposes set forth in paragraph (c) of this subsection (5): If the watershed control of the area is improved; and if complete backfilling with spoil material is required to completely cover the highwall, which material will maintain stability following the surface coal mining and reclamation operations.
(b) When an applicant meets the requirements of paragraphs (c) and (d) of
this subsection (5), a variance from the requirement to restore to approximate original contour set forth in subparagraph (II) of paragraph (a) of subsection (4) of this section shall be granted for surface coal mining if the owner of the surface knowingly requests in writing, as a part of the permit application, or application for permit revision, that such a variance be granted so as to render the land, after reclamation, suitable for an industrial, an agricultural, a commercial, a residential, or a public use, including a recreational facility, in accordance with the provisions of paragraphs (c) and (d) of this subsection (5).
(c) Before granting a variance pursuant to this subsection (5), the board or
office shall determine that:
(I) The proposed postmining land use of the affected land will be an equal or
better economic or public use, after consultation with appropriate land use planning agencies in such matter, and that such use is designed and certified by a qualified licensed professional engineer in conformance with professional standards established to ensure the stability, drainage, and configuration necessary for the proposed postmining land use; and
(II) After approval of the appropriate state environmental agencies, the
watershed of the affected land will be improved.
(d) In granting a variance pursuant to this subsection (5), the board or office
shall require that only such amount of spoil be placed off the mine bench as is necessary to achieve the proposed postmining land use, ensure stability of the spoil retained on the bench, and meet all other requirements of this article and shall ensure that all spoil placements off the mine bench comply with paragraph (v) of subsection (2) of this section.
(e) The board shall promulgate specific regulations to govern the granting of
variances in accord with the provisions of this subsection (5).
(f) All variances granted under the provisions of this subsection (5) shall be
reviewed not more than three years from the date of issuance of the variance, unless the permittee affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the reclamation plan.
(6) Any additional criteria, mining or reclamation measures, or other
conditions which the office requires the operator to meet, satisfy, or undertake in connection with the issuance, revision, or transfer of permits or in connection with the conduct of a surface coal mining operation shall be based upon good cause shown by the office, taking into consideration the specific conditions at the site, and shall bear a reasonable relationship to the purposes and provisions of this article. Any applicant or operator shall have the right, at any regular meeting of the board, upon proper notice, to seek the informal opinion of the board concerning any request or requirement of the office for such additional criteria, mining or reclamation measures, or other conditions, and such informal opinion of the board shall not be binding upon any of the parties.
Source: L. 79: Entire article added, p. 1275, � 1, effective July 1. L. 92: (2)(i),
(2)(j)(III), (2)(j)(VII), (2)(l), (2)(o)(V), IP(2)(p), (2)(p)(I), (2)(p)(III), (2)(p)(IV), (2)(t), (2)(y), IP(3)(b), (3)(b)(IV), (3)(c), (4)(a)(III), (4)(b), (5)(c), (5)(d), and (6) amended, p. 1956, � 63, effective July 1. L. 2004: (2)(v)(VIII) and (5)(c)(I) amended, p. 1315, � 68, effective May 28.
Cross references: For the Surface Mining Control and Reclamation Act of
1977, see 30 U.S.C. � 1201 et seq.
C.R.S. § 34-60-106
34-60-106. Additional powers of commission - fees - rules - definitions - repeal. (1) The commission also shall require:
(a) Identification of ownership of oil and gas wells, producing leases, tanks,
plants, and structures;
(b) The making and filing with the commission of copies of well logs,
directional surveys, and reports on well location, drilling, and production; except that logs of exploratory or wildcat wells marked confidential shall be kept confidential for six months after the filing thereof, unless the operator gives written permission to release such logs at an earlier date;
(c) The drilling, casing, operation, and plugging of seismic holes or
exploratory wells in such manner as to prevent the escape of oil or gas from one stratum into another, the intrusion of water into oil or gas stratum, the pollution of fresh water supplies by oil, gas, salt water, or brackish water; and measures to prevent blowouts, explosions, cave-ins, seepage, and fires;
(d) (Deleted by amendment, L. 94, p. 1980, � 6, effective June 2, 1994.)
(e) That every person who produces, sells, purchases, acquires, stores,
transports, refines, or processes oil or gas in this state shall keep and maintain within this state, for a period of five years, complete and accurate records of the quantities thereof, which records, or certified copies thereof, shall be available for examination by the commission, or its agents, at all reasonable times within said period and that every such person shall file with the commission such reasonable reports as it may prescribe with respect to such oil or gas or the products thereof;
(f) (I) That no operations for the drilling of a well for oil and gas shall be
commenced without first:
(A) Applying for a permit to drill, which must include proof either that: The
operator has filed an application with the local government with jurisdiction to approve the siting of the proposed oil and gas location and the local government's disposition of the application; or the local government with jurisdiction does not regulate the siting of oil and gas locations; and
(B) Obtaining a permit from the commission, under rules prescribed by the
commission;
(I.5) That oil and gas operations shall not occur without the operator
obtaining and maintaining any necessary permits and a license to conduct oil and gas operations from the commission, in accordance with rules promulgated by the commission; and
(II) Paying to the commission a filing and service fee to be established by the
commission for the purpose of paying the expense of administering this article 60 as provided in section 34-60-122, which fee may be transferable or refundable, at the option of the commission, if the permit is not used.
(III) Repealed.
(g) That the production from wells be separated into gaseous and liquid
hydrocarbons and that each be accurately measured by such means and standards as prescribed by the commission;
(h) The operation of wells with efficient gas-oil and water-oil ratios, the
establishment of these ratios, and the limitation of the production from wells with inefficient ratios;
(i) Certificates of clearance in connection with the transportation and
delivery of oil and gas or any product; and
(j) Metering or other measuring of oil, gas, or product in pipelines, gathering
systems, loading racks, refineries, or other places.
(2) The commission may regulate:
(a) The drilling, producing, and plugging of wells and all other operations for
the production of oil or gas;
(b) The stimulating and chemical treatment of wells; and
(c) The spacing and number of wells allowed in a drilling unit.
(d) Repealed.
(2.5) (a) In exercising the authority granted by this article 60, the commission
shall regulate oil and gas operations in a reasonable manner to protect and minimize adverse impacts to public health, safety, and welfare, the environment, and wildlife resources and shall protect against adverse environmental impacts on any air, water, soil, or biological resource resulting from oil and gas operations.
(b) The nonproduction of oil and gas resulting from a conditional approval or
denial authorized by this subsection (2.5) does not constitute waste.
(3) The commission also has the authority to:
(a) Limit the production of oil or gas, or both, from any pool or field for the
prevention of waste, and to limit and to allocate the production from such pool or field among or between tracts of land having separate ownerships in the tracts of land, on a fair and equitable basis so that each such tract will be permitted to produce no more than its just and equitable share from the pool and so as to prevent, insofar as is practicable, reasonably avoidable drainage from each such tract that is not equalized by counter-drainage;
(b) Classify wells as oil or gas wells for purposes material to the
interpretation or enforcement of this article 60;
(c) After consultation with the division of administration in the department of
public health and environment, require operators to take such actions between May 1 and September 30 of each year to reduce emissions of oxides of nitrogen (NOx) generated from production and preproduction operations as the commission deems appropriate to assure compliance with:
(I) NOx intensity targets; and
(II) Other NOx rules that the air quality control commission adopts by rule to
achieve sector-wide compliance with the state's 2030 goals for NOx emission reductions; and
(d) When requiring operators to take action pursuant to subsection (3)(c) of
this section, prioritize actions by those operators that do not demonstrate compliance with any applicable NOx intensity targets or other NOx rules that the air quality control commission adopts to achieve sector-wide compliance with the state's 2030 goals for NOx emission reductions.
(3.5) The commission shall require the furnishing of reasonable security with
the commission by lessees of land for the drilling of oil and gas wells, in instances in which the owner of the surface of lands so leased was not a party to such lease, to protect such owner from unreasonable crop losses or land damage from the use of the premises by said lessee. The commission shall require the furnishing of reasonable security with the commission, to restore the condition of the land as nearly as is possible to its condition at the beginning of the lease and in accordance with the owner of the surface of lands so leased.
(4) The grant of any specific power or authority to the commission shall not
be construed in this article to be in derogation of any of the general powers and authority granted under this article.
(5) The commission shall also have power to make determinations, execute
waivers and agreements, grant consent to delegations, and take other actions required or authorized for state agencies by those laws and regulations of the United States which affect the price and allocation of natural gas and crude oil, including the federal Natural Gas Policy Act of 1978, 15 U.S.C. sec. 3301 et seq., including the power to give written notice of administratively final determinations.
(6) The commission has the authority, as it deems necessary and convenient,
to conduct any hearings or to make any determinations it is otherwise empowered to conduct or make by means of an appointed administrative law judge or hearing officer, but recommended findings, determinations, or orders of any administrative law judge or hearing officer become final in accordance with section 34-60-108 (9). Upon appointment by the commission, a member of the commission may act as a hearing officer.
(7) (a) The commission may establish, charge, and collect docket fees for the
filing of applications, petitions, protests, responses, and other pleadings. All fees shall be deposited in the energy and carbon management cash fund created in section 34-60-122 (5) and are subject to appropriations by the general assembly for the purposes of this article 60.
(b) The commission shall by rule establish the fees for the filing of
applications in amounts sufficient to recover the commission's reasonably foreseeable direct and indirect costs in conducting the analysis, including the annual review of financial assurance pursuant to subsection (13) of this section, necessary to assure that permitted operations will be conducted in compliance with all applicable requirements of this article 60.
(8) The commission shall prescribe special rules and regulations governing
the exercise of functions delegated to or specified for it under the federal Natural Gas Policy Act of 1978, 15 U.S.C. sec. 3301 et seq., or such other laws or regulations of the United States which affect the price and allocation of natural gas and crude oil in accordance with the provisions of this article.
(9) (a) (I) Notwithstanding section 34-60-120 or any other provision of law
and subject to subsection (9)(a)(II) of this section, the commission, as to class II and class VI injection wells classified in 40 CFR 144.6, may perform all acts for the purposes of protecting underground sources of drinking water in accordance with state programs authorized by the federal Safe Drinking Water Act, 42 U.S.C. sec. 300f et seq., and regulations under those sections, as amended, and ensuring the safe and effective sequestration of greenhouse gases in a verifiable manner that meets Colorado's short- and long-term greenhouse gas emission reduction goals, as set forth in section 25-7-102 (2)(g).
(II) In performing acts for the purpose of ensuring the safe and effective
sequestration of greenhouse gases pursuant to subsection (9)(a)(I) of this section, the commission shall act in accordance with subsection (9)(c) of this section and only after the governor and the commission have made an affirmative determination that the state has sufficient resources necessary to ensure the safe and effective regulation of the sequestration of greenhouse gases in accordance with the findings from the commission's study conducted pursuant to subsection (9)(b) of this section.
(b) The commission shall:
(I) Conduct a study to evaluate what resources are needed to ensure the safe
and effective regulation of the sequestration of greenhouse gases and identify and assess the applicable resources that the commission or other state agencies have; and
(II) Report its findings to the governor and the general assembly by
December 1, 2021.
(c) (I) The commission may seek class VI injection well primacy under the
federal Safe Drinking Water Act, 42 U.S.C. sec. 300f et seq., as amended, after the commission:
(A) Determines it has the necessary resources for the application outlined in
the commission's study performed pursuant to subsection (9)(b) of this section; and
(B) Holds a public hearing on the matter.
(II) (A) The commission may issue and enforce permits for geologic storage
operations and may regulate geologic storage operations after the commission makes the determination and holds the hearing set forth in subsection (9)(c)(I) of this section and the commission and the governor satisfy the requirements set forth in subsection (9)(a) of this section.
(B) A person that willfully violates a class VI rule, regulation, permit, or order
of the commission issued pursuant to subsection (9)(c)(II)(A) of this section commits a misdemeanor and, upon conviction by a court of competent jurisdiction, is subject to a fine of at least five thousand dollars and no more than seven thousand five hundred dollars for each act of violation and for each day that the person remains in violation.
(III) (A) If a geologic storage location is proposed to be sited in an area that
would affect a disproportionately impacted community, the commission shall weigh the geologic storage operator's submitted cumulative impacts analysis and determine whether, on balance, the geologic storage operations will have a positive effect on the disproportionately impacted community. A proposal that will have negative net cumulative impacts on any disproportionately impacted community must be denied. The commission's decision must include a plain language summary of its determination.
(B) The commission may amend by rule the cumulative impacts analysis and
requirements set forth in this subsection (9)(c)(III) if the commission finds the analysis and requirements to be inconsistent with, or incomplete with respect to, the federal environmental protection agency's requirements for class VI primacy.
(C) Repealed.
(IV) (A) The commission shall require each geologic storage operator to
provide adequate financial assurance demonstrating that the geologic storage operator is financially capable of fulfilling every obligation imposed on the operator under this article 60 and under rules that the commission adopts pursuant to this article 60.
(B) The financial assurance required under this subsection (9)(c)(IV) must
cover the cost of corrective action, injection well plugging, post-injection site care, site closure, and any emergency and remedial response.
(C) The commission shall adopt rules requiring that the financial assurance
cover the cost of obligations that are in addition to the obligations listed in subsection (9)(c)(IV)(B) of this section if the additional obligations are reasonably associated with geologic storage operations.
(D) A geologic storage operator shall maintain the financial assurance
required by this subsection (9)(c)(IV) or any rules adopted pursuant to this subsection (9)(c)(IV) until the commission approves site closure, as specified in rules adopted by the commission. Except as described in subsection (9.4) of this section, commission approval of a site closure does not otherwise modify an operator's responsibility to comply with applicable laws.
(D.5) Repealed.
(E) Financial assurance provided under this subsection (9)(c)(IV) may be in
the form of a surety bond, insurance, or any other instrument that the commission, by rule, deems satisfactory.
(d) In issuing and enforcing permits for geologic storage operations, the
commission shall ensure, after a public hearing, that:
(I) The permitting of a geologic storage location complies with a local
government's siting of the geologic storage location and that the commission has consulted with any local government whose boundaries include lands overlying the geologic storage facility;
(II) The proposed new or modified geologic storage location has received any
applicable air permits from the division of administration in the department of public health and environment;
(III) The geologic storage operator has received the consent of any surface
owner or owners of the land where the surface disturbance will occur and has provided the commission a written contractual agreement that the surface owner or owners have executed; and
(IV) The commission has evaluated and addressed any class VI injection well
impacts from the proposed class VI injection well on the affected area to ensure the terms and conditions of any permit issued under this section are sufficient to ensure that any class VI injection well impacts are avoided, minimized to the extent practicable, and, to the extent that any class VI injection well impacts remain, that the impacts are mitigated. The commission shall provide a plain language summary of how the negative impacts are avoided or, if not avoided, minimized and mitigated and, if any, the negative impacts that cannot be mitigated.
(d.5) (I) For the purposes of implementing and administering this subsection
(9), the commission may assess and collect regulatory and permitting fees from geologic storage operators in an amount and frequency determined by the commission by rule.
(II) The commission shall transfer any fees assessed and collected pursuant
to subsection (9)(d.5)(I) of this section to the state treasurer, who shall credit the fees to the energy and carbon management cash fund created in section 34-60-122 (5).
(e) As used in this subsection (9), unless the context otherwise requires:
(I) Class VI injection well impacts means the effect on the public health
and the environment, including air, water and soil, and the climate, caused by the incremental impact that a proposed new or significantly modified class VI injection well and associated infrastructure would have when added to the impacts from other development in the affected area.
(II) Corrective action has the meaning set forth in 40 CFR 146.81.
(III) Repealed.
(IV) Greenhouse gas has the meaning set forth in section 25-7-140 (6).
(V) Post-injection site care has the meaning set forth in 40 CFR 146.81.
(VI) Repealed.
(9.3) (a) The commission, in consultation with the department of public
health and environment, may adopt rules to establish a process to certify the quantity and demonstrated security of carbon dioxide stored in a class VI injection well.
(b) The commission, in consultation with the department of public health and
environment, shall evaluate the risk of class VI injection wells by determining the likelihood and severity of an incident involving a class VI injection well, the potential for exposure from such incident, and the overall effect that such incident could have on the public health, safety, and welfare and on the environment.
(9.4) (a) Before the commission approves a site closure, title to the injection
carbon dioxide stored by a geologic storage operator remains with the geologic storage operator or any party to which the geologic storage operator transferred title.
(b) In addition to any criteria for site closure required by rules adopted by the
commission, the commission shall not approve a site closure until the commission has determined that the geologic storage operator requesting the site closure has contributed money to the geologic storage stewardship enterprise cash fund created in section 34-60-144 (7) in an amount sufficient to pay for long-term stewardship of the geologic storage facility for which the operator requests the site closure.
(c) Upon approval by the commission of a site closure:
(I) Ownership of the injection carbon dioxide and ownership of any remaining
geologic storage facilities, including those used to inject, monitor, or store injection carbon dioxide, transfer to the state without payment of compensation;
(II) The geologic storage stewardship enterprise created in section 34-60-144 shall undertake long-term stewardship of the injection carbon dioxide and any
associated geologic storage facility; and
(III) The geologic storage operator is released from all further regulatory
liability associated with the geologic storage operations or associated geologic storage facility, except as provided in subsection (9.4)(d) of this section.
(d) Regulatory liability remains with the geologic storage operator to the
extent that the commission determines, after notice and hearing, that:
(I) The geologic storage operator was in material violation of a state law or
regulation related to the geologic storage operations or any associated geologic storage facility that was not remedied prior to approval of site closure and has not been remedied since that time, and any applicable statutes of limitation have not run;
(II) The geologic storage operator provided deficient or erroneous
information that was material and relied upon by the commission to support the approval of site closure;
(III) Contractual, civil, or criminal liability arises from conduct of the geologic
storage operator associated with the geologic storage operations or any associated geologic storage facility and such liability materially affects the commission's decision to approve site closure; or
(IV) There is fluid migration for which the geologic storage operator is
responsible that causes or threatens to cause imminent and substantial endangerment to an underground source of drinking water.
(e) After notice and hearing, the commission may reimpose any regulatory
liability from which the geologic storage operator has been released pursuant to subsection (9.4)(c)(III) of this section and financial assurance obligations, if the commission determines that:
(I) The geologic storage operator made a material misrepresentation or
omission that caused the commission to approve a site closure;
(II) The geologic storage operator was in material violation of a duty imposed
on the operator by state law, including by rules, prior to approval of a site closure, the material violation has not been remedied, and any applicable statutes of limitation have not run; or
(III) There is migration of the injection carbon dioxide for which the geologic
storage operator is responsible that causes or threatens to cause imminent and substantial endangerment to an underground source of drinking water.
(f) Nothing in this subsection (9.4) waives, abrogates, or limits governmental
immunity, as described in article 10 of title 24. Geologic storage facilities, geologic storage locations, geologic storage resources, injection carbon dioxide, and facilities associated with geologic storage operations are not gas facilities for the purposes of section 24-10-106 (1)(f) and do not constitute any other area or facility for which sovereign immunity is waived pursuant to section 24-10-106 (1).
(g) As used in this subsection (9.4), unless the context otherwise requires:
(I) Regulatory liability means a geologic storage operator's obligation to
comply with any rule, regulation, permit condition, or order of the commission adopted or issued pursuant to subsection (9)(c)(II) of this section for geologic storage operations.
(II) Regulatory liability includes a geologic storage operator's exposure to
penalties assessed in accordance with section 34-60-121 for violations of any rule, regulation, permit condition, or order of the commission adopted or issued pursuant to subsection (9)(c)(II) of this section for geologic storage operations.
(III) Regulatory liability does not include a geologic storage operator's civil,
contractual, or criminal liability.
(9.5) (a) On or before February 1, 2024, the commission, in consultation with
the department of public health and environment, shall conduct a study to better understand the safety of class VI injection wells, the potential for carbon dioxide releases from the wells, and methods to limit the likelihood of a carbon dioxide release from a class VI injection well or carbon dioxide pipeline or sequestration facility. The study must include:
(I) An evaluation of the potential air quality impacts of capture technology at
a carbon dioxide source facility;
(II) Carbon dioxide pipeline safety considerations, including computer
modeling to simulate carbon dioxide leaks from pipelines of varying diameters and lengths;
(III) Appropriate safety protocols in the operation and maintenance of a class
VI injection well;
(IV) Methods for determining the stability of underground carbon dioxide
storage and estimates of the time needed for carbon dioxide plume stabilization; and
(V) Recommendations for safety measures to protect communities from
carbon dioxide releases, such as hazard zones, public notification systems, setbacks, additional monitoring requirements, or other measures.
(b) On or before March 1, 2024, the commission shall present its findings and
conclusions from the study, including any recommendations for legislation, to the house of representatives energy and environment committee and the senate transportation and energy committee, or their successor committees. The commission shall not permit a class VI injection well in the state until the study has been completed and presented to the general assembly.
(c) A class VI injection well shall not be located within two thousand feet of a
residence, school, or commercial building. The commission may adjust the two-thousand-foot setback by rule after studying and evaluating the severity of impacts arising from four or more class VI injection wells that have been in place in the state for at least four years.
(9.7) Repealed.
(10) The commission shall promulgate rules and regulations to protect the
health, safety, and welfare of any person at an oil or gas well; except that the commission shall not adopt such rules and regulations with regard to parties or requirements regulated under the federal Occupational Safety and Health Act of 1970.
(11) (a) By July 16, 2008, the commission shall:
(I) (A) Promulgate rules to establish a timely and efficient procedure for the
review of applications for a permit to drill and applications for an order establishing or amending a drilling and spacing unit.
(B) Repealed.
(II) Promulgate rules, in consultation with the department of public health
and environment, to protect the health, safety, and welfare of the general public in the conduct of oil and gas operations. The rules shall provide a timely and efficient procedure in which the department has an opportunity to provide comments during the commission's decision-making process. This rule-making shall be coordinated with the rule-making required in section 34-60-128 (3)(d) so that the timely and efficient procedure established pursuant to this subsection (11) is applicable to the department and to the division of parks and wildlife.
(b) (I) The general assembly shall review the rules promulgated pursuant to
paragraph (a) of this subsection (11) acting by bill pursuant to section 24-4-103, C.R.S., and reserves the right to alter or repeal such rules.
(II) By January 1, 2008, the commission shall promulgate rules to ensure the
accuracy of oil and gas production reporting by establishing standards for wellhead oil and gas measurement and reporting. At a minimum, the rules shall address engineering standards, heating value, specific gravity, pressure, temperature, meter certification and calibration, and methodology for sales reconciliation to wellhead meters. The rules shall be consistent with standards established by the American society for testing and materials, the American petroleum institute, the gas processors association, or other applicable standards-setting organizations, and shall not affect contractual rights or obligations.
(c) The commission shall adopt rules that:
(I) Adopt an alternative location analysis process and specify criteria used to
identify oil and gas locations and facilities proposed to be located near populated areas that will be subject to the alternative location analysis process;
(II) In consultation with the department of public health and environment,
evaluate and address the potential cumulative impacts of oil and gas development;
(III) In consultation with the department of public health and environment,
require enhanced systems and practices to avoid, minimize, and mitigate emissions of ozone precursors from operations at newly permitted oil and gas locations in the eight-hour ozone control area and northern Weld county, as those terms are defined by the air quality control commission by rule. In adopting the rules pursuant to this subsection (11)(c)(III), the commission shall:
(A) By September 30, 2024, adopt an initial list of enhanced systems and
practices considering the best management practices that have been recommended by the department of public health and environment in consultation with operators;
(B) Consider a proposed oil and gas location's potential to contribute to
adverse impacts through emissions of ozone precursors;
(C) Consider any available photochemical sensitivity modeling analyses
conducted by the department of public health and environment; and
(D) Evaluate the potential for updates to the required enhanced systems and
practices periodically to account for evolving design, operational procedures, and technologies to reduce ozone precursors.
(d) (I) By September 30, 2024, the commission shall promulgate rules that
evaluate and address the cumulative impacts of oil and gas operations. The rules shall require evaluation of all impacts set forth in the definition of cumulative impacts described in section 34-60-103. The rules shall require addressing those impacts resulting from operations regulated by the commission. Wells drilled for the exclusive purpose of obtaining subsurface data or information to support operations regulated by the commission do not require a cumulative impacts analysis.
(II) The commission shall provide resources to support community
engagement in the process from affected communities, including translation, outreach, and other strategies to support public participation.
(III) and (IV) Repealed.
(12) The commission, in consultation with the state agricultural commission
and the commissioner of agriculture, shall promulgate rules to ensure proper reclamation of the land and soil affected by oil and gas operations and to ensure the protection of the topsoil of said land during such operations.
(13) The commission shall require every operator to provide assurance that it
is financially capable of fulfilling every obligation imposed by this article 60 as specified in rules adopted on or after April 16, 2019. The rule-making must consider: Increasing financial assurance for inactive wells and for wells transferred to a new owner; requiring a financial assurance account, which must remain tied to the well in the event of a transfer of ownership, to be fully funded in the initial years of operation for each new well to cover future costs to plug, reclaim, and remediate the well; and creating a pooled fund to address orphaned wells for which no owner, operator, or responsible party is capable of covering the costs of plugging, reclamation, and remediation. For purposes of this subsection (13), references to operator include an operator of an underground natural gas storage cavern and an applicant for a certificate of closure under subsection (17) of this section. In complying with this requirement, an operator may submit for commission approval, without limitation, one or more of the following:
(a) A guarantee of performance where the operator can demonstrate to the
commission's satisfaction that it has sufficient net worth to guarantee performance of every obligation imposed by this article 60. The commission shall annually review the guarantee and demonstration of net worth.
(b) A certificate of general liability insurance in a form acceptable to the
commission that names the state as an additional insured and covers occurrences during the policy period of a nature relevant to an obligation imposed by this article 60;
(c) A bond or other surety instrument;
(d) A letter of credit, certificate of deposit, or other financial instrument;
(e) An escrow account or sinking fund dedicated to the performance of every
obligation imposed by this article 60;
(f) A lien or other security interest in real or personal property of the
operator. The lien or security interest must be in a form and priority acceptable to the commission in its sole discretion. The commission shall annually review the lien or security.
(14) Before an operator commences operations for the drilling of any oil or
gas well, such operator shall evidence its intention to conduct such operations by giving the surface owner written notice describing the expected date of commencement, the location of the well, and any associated roads and production facilities. Unless excepted by the commission due to exigent circumstances or waived by the surface owner, such notice of drilling shall be mailed or delivered to the surface owner not less than thirty days prior to the date of estimated commencement of operations with heavy equipment. The notice of drilling shall also be provided to the local government in whose jurisdiction the well is located if such local government has registered with the commission for receipt thereof.
(15) The commission may, as it deems appropriate, assign its inspection and
monitoring function, but not its enforcement authority, through intergovernmental agreement or by private contract; except that an assignment must not allow for the imposition of any new tax or fee by the assignee in order to conduct the assigned inspection and monitoring and must not provide for compensation contingent on the number or nature of alleged violations referred to the commission by the assignee.
(15.5) The commission shall use a risk-based strategy for inspecting oil and
gas locations that targets the operational phases that are most likely to experience spills, excess emissions, and other types of violations and that prioritizes more in-depth inspections. The commission shall:
(a) Repealed.
(b) Implement the systematic risk-based strategy by July 1, 2014. The
commission may use a pilot project to test the risk-based strategy.
(16) The commission has the authority to establish, charge, and collect fees
for services it provides, including but not limited to the sale of computer disks and tapes.
(17) (a) The commission has exclusive authority to regulate the public health,
safety, and welfare aspects, including protection of the environment, of the termination of operations and permanent closure, referred to in this subsection (17) collectively as closure, of an underground natural gas storage cavern.
(b) No underground natural gas storage cavern may be closed unless the
operator has secured a certificate of closure from the commission. The commission shall issue a certificate of closure if the applicant demonstrates that its closure plan protects public health, safety, and welfare, including protection of the environment.
(c) Before submitting its application, an applicant for a certificate of closure
must, to the extent such owners are reasonably identifiable from public records, notify all owners of property, both surface and subsurface, occupied by and immediately adjacent to the underground natural gas storage cavern of the applicant's intent to submit a closure plan. Immediately adjacent to means contiguous to the boundaries of the underground natural gas storage cavern. The notice shall advise the owners of a location where a full copy of the closure plan may be inspected, that written comments may be submitted to the commission, and that they may participate in the public hearing required by this subsection (17). The applicant shall notify the owners of the date, time, and place of the public hearing. Contemporaneously with notifying the owners, the applicant shall send a copy of the notice to registered homeowners' associations that have submitted a written request for such notice prior to the filing of the application with the commission and the board of county commissioners in the county where the underground natural gas storage cavern is located.
(d) The commission shall provide the public with notice and an opportunity to
comment on an application filed under this subsection (17) for a certificate of closure pursuant to the procedures set forth in section 34-60-108 (7). The applicant shall attend the public hearing and shall be available at other reasonable times as the director may request to respond to comments and questions.
(e) The director may consult with other state agencies possessing expertise
in matters related to closure of underground natural gas storage caverns in the areas of the jurisdiction of such agencies, including, but not limited to, safety, environmental protection, public health, water resources, and geology. Agencies consulted under this subsection (17) may include, but are not limited to, the public utilities commission, the division of reclamation, mining, and safety, the Colorado geological survey, the division of water resources, and the department of public health and environment. Any agency consulted shall provide advice and assistance with respect to matters within its expertise.
(f) The commission may attach conditions to its certificate of closure,
including requiring reasonable recovery of residual natural gas, if the commission determines that such conditions are technically feasible and necessary to ensure compliance with the requirements of this subsection (17), taking into consideration cost-effectiveness. If the closure application requires the abandonment of wells and reclamation of well sites associated with the underground natural gas storage cavern, the commission shall attach conditions to its certificate of closure requiring that such well abandonment and reclamation occur in a manner consistent with applicable commission rules.
(g) The commission may, subject to the limitations contained in paragraph (f)
of this subsection (17), attach conditions to its certificate of closure requiring:
(I) Reasonable post-closure monitoring and site security at a closed
underground natural gas storage cavern; and
(II) That the applicant for the certificate of closure will perform post-closure
corrective actions consistent with this subsection (17), including, but not limited to, the limitations contained in paragraph (f) of this subsection (17) if any such post-closure monitoring establishes that the closure does not protect public health, safety, or welfare, including protection of the environment.
(h) The commission shall require that the applicant for a certificate of
closure provide reasonable assurance that it is financially capable of fulfilling any obligation imposed under this subsection (17) including, but not limited to, post-closure corrective action required by paragraph (g) of this subsection (17), in accordance with subsection (13) of this section.
(i) The applicant for a certificate of closure under this subsection (17) shall
reimburse the commission's reasonable and necessary costs of reviewing and acting on the application. Such reimbursement shall include:
(I) Reimbursement to the commission, its staff, and any agencies consulted
under this subsection (17) for the reasonable cost of the time required to review the application, at a rate commensurate with the hourly compensation of the staff employee performing the actual work, but not to exceed the hourly compensation of the highest paid commission staff employee, based on the employee's annual salary divided by two thousand eighty hours; and
(II) Reimbursement of the reasonable cost to the commission of hiring one or
more private consultants to review the application and provide advice to the commission as a result of such review, if the applicant consents in writing to the scope and expected range of costs of the activities to be undertaken by each such private consultant. If the commission and applicant cannot agree on the scope or expected range of costs and if the commission determines a private consultant is necessary in the review of the application, then the commission may hire a private consultant at its own expense.
(18) The commission shall promulgate rules to ensure proper wellbore
integrity of all oil and gas production wells. In promulgating the rules, the commission shall consider incorporating recommendations from the State Oil and Gas Regulatory Exchange and shall include provisions to:
(a) Address the permitting, construction, operation, and closure of
production wells;
(b) Require that wells are constructed using current practices and standards
that protect water zones and prevent blowouts;
(c) Enhance safety and environmental protections during operations such as
drilling and hydraulic fracturing;
(d) Require regular integrity assessments for all oil and gas production wells,
such as surface pressure monitoring during production; and
(e) Address the use of nondestructive testing of weld joints.
(19) The commission shall review and amend its flowline and inactive,
temporarily abandoned, and shut-in well rules to the extent necessary to ensure that the rules protect and minimize adverse impacts to public health, safety, and welfare and the environment, including by:
(a) Allowing public disclosure of flowline information and evaluating and
determining when a deactivated flowline must be inspected before being reactivated; and
(b) Evaluating and determining when inactive, temporarily abandoned, and
shut-in wells must be inspected before being put into production or used for injection.
(20) The commission shall adopt rules to require certification for workers in
the following fields:
(a) Compliance officers with regard to the federal Occupational Safety and
Health Act of 1970, 29 U.S.C. sec. 651 et seq., including specifically working in confined spaces;
(b) Compliance officers with regard to codes published by the American
Petroleum Institute and American Society of Mechanical Engineers or their successor organizations;
(c) The handling of hazardous materials;
(d) Welders working on oil and gas process lines, including:
(I) Knowledge of the flowline rules promulgated pursuant to subsection (19)
of this section;
(II) A minimum of seven thousand hours of documented on-the-job training,
which requirement can be met by an employee working under the supervision of a person with the requisite seven thousand hours of training; and
(III) Passage of the International Code Council Exam F31, national standard
journeyman mechanical, or an analogous successor exam, for any person working on pressurized process lines in upstream and midstream operations.
(20.5) The commission shall administer this article 60 in a manner to
minimize adverse impacts to disproportionately impacted communities that are negatively affected by oil and gas operations.
(21) (a) As used in this subsection (21), unless the context otherwise requires:
(I) Oil and gas reports means the types of reports described in subsection
(21)(b)(I) of this section.
(II) Random sample has the meaning set forth in section 2-3-128 (1)(e).
(b) On or before April 15, 2025, the commission shall submit a report to the
state auditor that includes:
(I) The following reports filed for the 2023 calendar year by the operators
included in the random sample:
(A) Monthly production reports;
(B) Quarterly conservation levies;
(C) Mechanical integrity tests; and
(D) Any reporting of emissions data, including oil and gas location
assessments and cumulative impact data identifications;
(II) For the random sample and the total population of operators in the state,
a description of any missing oil and gas reports due for the 2023 calendar year or incomplete or incorrect oil and gas reports that were accepted for the 2023 calendar year without a request for completion or correction;
(III) For the random sample and the total population of operators in the state,
a copy of any notices given by the commission to an operator pursuant to section 34-60-121 (4) for the 2023 calendar year; and
(IV) For the random sample and the total population of operators in the state,
a description of any penalties assessed for the 2023 calendar year, with the data broken down by:
(A) Type of violation; and
(B) Penalty amount assessed against a person for the violation.
(c) The commission shall publish the report submitted to the state auditor
pursuant to subsection (21)(b) of this section on its website.
(d) The commission shall provide any additional information that the state
auditor requests pursuant to section 2-3-128.
(e) This subsection (21) is repealed, effective July 1, 2026.
(22) The commission shall create and maintain a website that serves as the
state portal for information and data regarding the commission's regulatory activities.
Source: L. 51: p. 660, � 11. CSA: C. 118, � 68(11). CRS 53: � 100-6-15. L. 55: p.
654, � 8. C.R.S. 1963: � 100-6-15. L. 64: p. 509, � 1. L. 73: p. 1071, � 1. L. 77: (3.5) added, p. 1565, � 1, effective July 1. L. 79: (5) to (8) added, p. 1320, � 2, February 16. L. 81: (9) added, p. 1339, � 4, effective July 1; (9) amended, p. 2034, � 53, effective July 14. L. 85: (10) and (11) added, p. 1129, � 1, effective July 1. L. 86: (12) added, p. 1073, � 1, effective April 3. L. 91: (1)(f) and (9) amended, p. 1415, � 3, effective April 19. L. 94: (1)(d), (2)(d), (11), and (12) amended and (13), (14), (15), and (16) added, p. 1980, � 6, effective June 2. L. 96: (15) amended, p. 346, � 1, effective April 17. L. 2001: IP(13), (13)(a), (13)(b), and (13)(e) amended and (17) added, pp. 1303, 1304, �� 2, 3, effective June 5; (14) amended, p. 491, � 6, effective July 1. L. 2005: (7) amended, p. 733, � 3, effective July 1. L. 2006: (17)(e) amended, p. 218, � 16, effective August 7. L. 2007: (2)(d) and (11) amended, pp. 1358, 1359, �� 4, 6, effective May 29; (11) amended, p. 1344, � 1, effective May 29. L. 2008: IP(11)(a), (11)(a)(II), and (11)(b)(I) amended, p. 1033, � 1, effective May 21; (11)(a)(II) amended, p. 1912, � 122, effective August 5. L. 2013: (15.5) added, (SB 13-202), ch. 274, p. 1437, � 2, effective May 24. L. 2019: IP(1), (1)(f), IP(2), (2)(b), (2)(c), (6), (7), (13), and (15) amended, (2)(d) repealed, and (2.5), (11)(c), (18), (19), and (20) added, (SB 19-181), ch. 120, p. 513, � 12, effective April 16. L. 2021: (9) amended, (SB 21-264), ch. 328, p. 2107, � 3, effective June 24. L. 2022: (21) added, (HB 22-1361), ch. 472, p. 3451, � 4, effective July 1. L. 2023: (11)(d) added, (HB 23-1294), ch. 401, p. 2408, � 6, effective June 6; (7)(a) amended and (22) added, (SB 23-285), ch. 235, p. 1232, � 3, effective July 1; (9)(a) and (9)(b)(I) amended and (9)(c) to (9)(e), (9.3), (9.5), and (9.7) added, (SB 23-016), ch. 165, p. 736, � 9, effective August 7. L. 2024: (1)(f)(I)(B), (3), and (11)(c)(I) amended and (1)(f)(I.5), (11)(c)(III), and (20.5) added, (SB 24-229), ch. 183, p. 993, � 10, effective May 16; (9)(c)(II), (9)(c)(III)(A), (9)(c)(III)(B), (9)(c)(IV)(A), (9)(c)(IV)(C), (9)(c)(IV)(D), IP(9)(d), (9)(d)(I), (9)(d)(II), (9)(d)(III), and (11)(d)(I) amended, (9)(c)(III)(C), (9)(e)(III), (11)(d)(III), and (11)(d)(IV) repealed, and (9)(c)(IV)(D.5) and (9)(d.5) added, (HB 24-1346), ch. 216, p. 1331, � 4, effective May 21. L. 2025: (9)(c)(II) and (9)(c)(IV)(D) amended, (9)(c)(IV)(D.5) and (9)(e)(VI) repealed, and (9.4) added, (HB 25-1165), ch. 257, p. 1298, � 5, effective August 6.
Editor's note: (1) Amendments to subsection (11)(a)(II) by House Bill 08-1379
and House Bill 08-1412 were harmonized.
(2) Subsection (11)(a)(I)(B) provided for the repeal of subsection (11)(a)(I)(B),
effective July 1, 2010. (See L. 2007, p. 1359.)
(3) Subsection (15.5)(a)(II) provided for the repeal of subsection (15.5)(a),
effective September 1, 2014. (See L. 2013, p. 1437.)
(4) Subsection (1)(f)(III)(B) provided for the repeal of subsection (1)(f)(III),
effective January 15, 2021. On January 15, 2021, the revisor of statutes received the notice referred to in subsection (1)(f)(III) related to the repeal. For more information about the repeal and notice, see SB 19-181. (L. 2019, p. 513.)
(5) Subsection (9.7)(c) provided for the repeal of subsection (9.7), effective
July 1, 2025. (See L. 2023, p. 736.)
Cross references: (1) For the legislative declaration contained in the 1994
act amending subsections (1)(d), (2)(d), (11), and (12) and enacting subsections (13), (14), (15), and (16), see section 1 of chapter 317, Session Laws of Colorado 1994. For the legislative declaration contained in the 2007 act amending subsections (2)(d) and (11), see section 1 of chapter 320, Session Laws of Colorado 2007. For the legislative declaration in the 2013 act adding subsection (15.5), see section 1 of chapter 274, Session Laws of Colorado 2013. For the legislative declaration in HB 22-1361, see section 1 of chapter 472, Session Laws of Colorado 2022. For the legislative declaration in HB 23-1294, see section 1 of chapter 401, Session Laws of Colorado 2023. For the legislative declaration in SB 24-229, see section 1 of chapter 183, Session Laws of Colorado 2024. For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.
(2) For the federal Occupational Safety and Health Act of 1970, see 29
U.S.C. � 651 et seq.
C.R.S. § 34-60-118
34-60-118. Agreements for development and unit operations. (1) An agreement for repressuring or pressure maintenance operations, cycling or recycling operations, including the extraction and separation of liquid hydrocarbons from natural gas in connection therewith, or for carrying on any other methods of unit or cooperative development or operation of a field or pool or a part of either, is authorized and may be performed, and shall not be held or construed to violate any statutes relating to trusts, monopolies, or contracts and combinations in restraint of trade, if the agreement is approved by the commission as being in the public interest for conservation or is reasonably necessary to increase ultimate recovery or to prevent waste of oil or gas. Any such agreement entered into prior to July 1, 1951, for any such purpose is approved.
(2) The commission upon the application of any interested person shall hold
a hearing to consider the need for the operation as a unit of one or more pools or parts thereof in a field.
(3) The commission shall make an order providing for the unit operation of a
pool or part thereof if it finds that:
(a) Such operation is reasonably necessary to increase the ultimate recovery
of oil or gas; and
(b) The value of the estimated additional recovery of oil or gas exceeds the
estimated additional cost incident to conducting such operations.
(4) The order shall be upon terms and conditions that are just and reasonable
and shall prescribe a plan for unit operations that shall include:
(a) A description of the pool, or parts thereof, to be so operated, termed the
unit area, but only so much of a pool as has reasonably been defined and determined by drilling operations to be productive of oil or gas may be included within the unit area;
(b) A statement of the nature of the operations contemplated;
(c) An allocation to the separately owned tracts in the unit area of all the oil
and gas that is produced from the unit area and is saved, being the production that is not used in the conduct of operations on the unit area or not unavoidably lost. The allocation shall be in accord with the agreement, if any, of the interested parties. If there is no such agreement, the commission shall determine the relative value, from evidence introduced at the hearing, of the separately owned tracts in the unit area, exclusive of physical equipment, for development of oil and gas by unit operations. The commission shall require the production of or may itself produce such geological, engineering, or other evidence, at the hearing or at any continuance thereof, as may be required to protect the interests of all interested persons. The production allocated to each tract shall be the proportion that the relative value of each tract so determined bears to the relative value of all tracts in the unit area.
(d) A provision for the credits and charges to be made in the adjustment
among the owners in the unit area for their respective investments in wells, tanks, pumps, machinery, materials, and equipment contributed to the unit operations;
(e) A provision providing how the costs of unit operations, including capital
investments, shall be determined and charged to the separately owned tracts and how said costs shall be paid, including a provision providing when, how, and by whom the unit production allocated to an owner who does not pay the share of the cost of unit operations charged to such owner, or the interest of such owner, may be sold and the proceeds applied to the payment of such costs;
(f) A provision, if necessary, for carrying or otherwise financing any person
who elects to be carried or otherwise financed, allowing a reasonable interest charge for such service payable out of such person's share of the production;
(g) A provision for the supervision and conduct of the unit operations, in
respect to which each person shall have a vote with a value corresponding to the percentage of the costs of unit operations chargeable against the interest of such person;
(h) The time when the unit operations shall commence, and the manner in
which, and the circumstances under which, the unit operations shall terminate; and
(i) Such additional provisions that are found to be appropriate for carrying on
the unit operations, and for the protection of correlative rights.
(5) No order of the commission providing for unit operations shall become
effective unless the plan for unit operations prescribed by the commission has been approved in writing by those persons who, under the commission's order, will be required to pay at least eighty percent of the costs of the unit operation, and also by the owners of at least eighty percent of the production or proceeds thereof that will be credited to interests which are free of cost, such as royalties, overriding royalties, and production payments, and the commission has made a finding, either in the order providing for unit operations or in a supplemental order, that the plan for unit operations has been so approved. If the plan for unit operations has not been so approved at the time the order providing for unit operations is made, the commission shall upon application and notice hold such supplemental hearings as may be required to determine if and when the plan for unit operations has been so approved. If the persons owning the required percentage of interest in the unit area do not approve the plan for unit operations within a period of six months from the date on which the order providing for unit operations is made, such order shall be ineffective and shall be revoked by the commission unless for good cause shown the commission extends said time.
(6) An order providing for unit operations may be amended by an order made
by the commission in the same manner and subject to the same conditions as an original order providing for unit operations; but if such an amendment affects only the rights and interests of the owners, the approval of the amendment by the owners of royalty, overriding royalty, production payment, and other such interests which are free of costs shall not be required. No such order of amendment shall change the percentage for the allocation of oil and gas as established for any separately owned tract by the original order, except with the consent of all persons owning oil and gas rights in such tract, or change the percentage for the allocation of cost as established for any separately owned tract by the original order, except with the consent of all owners in such tract.
(7) The commission, by an order, may provide for the unit operation of a pool,
or parts thereof, that embraces a unit area established by a previous order of the commission. Such order, in providing for the allocation of unit production, shall first treat the unit area previously established as a single tract, and the portion of the unit production so allocated thereto shall then be allocated among the separately owned tracts included in such previously established unit area in the same proportions as those specified in the previous order.
(8) An order may provide for unit operations on less than the whole of a pool
where the unit area is of such size and shape as may be reasonably required for that purpose, and the conduct thereof will have no adverse effect upon other portions of the pool.
(9) All operations, including, but not limited to, the commencement, drilling,
or operation of a well upon any portion of the unit area shall be deemed for all purposes the conduct of such operations upon each separately owned tract in the unit area by the several owners thereof. The portion of the unit production allocated to a separately owned tract in a unit area shall, when produced, be deemed, for all purposes, to have been actually produced from such tract by a well drilled thereon. Operations conducted pursuant to an order of the commission providing for unit operations shall constitute a fulfillment of all the express or implied obligations of each lease or contract covering lands in the unit area to the extent that compliance with such obligations cannot be had because of the order of the commission.
(10) The portion of the unit production allocated to any tract, and the
proceeds from the sale thereof, shall be the property and income of the several persons to whom, or to whose credit, the same are allocated or payable under the order providing for unit operations.
(11) No division order or other contract relating to the sale or purchase of
production from a separately owned tract shall be terminated by the order providing for unit operations, but shall remain in force and apply to oil and gas allocated to such tract until terminated in accordance with the provisions thereof.
(12) Except to the extent that the parties affected so agree, no order
providing for unit operations shall be construed to result in a transfer of all or any part of the title of any person to the oil and gas rights in any tract in the unit area. All property, whether real or personal, that may be acquired in the conduct of unit operations under this article, shall be acquired for the account of the owners within the unit area, and shall be the property of such owners in the proportion that the expenses of unit operations are charged.
Source: L. 51: p. 660, � 12. CSA: C. 118, � 68(12). CRS 53: � 100-6-16. C.R.S.
1963: � 100-6-16. L. 65: p. 894, � 1.
C.R.S. § 35-1-121
35-1-121. Agricultural behavioral health community of practice work group - creation - grant program - reporting - rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Agricultural behavioral health community of practice work group or
work group means the agricultural behavioral health community of practice work group created in subsection (2) of this section.
(b) Agricultural behavioral health grant program or grant program means
the agricultural behavioral health grant program created in subsection (3) of this section.
(c) Behavioral health administration means the behavioral health
administration established in section 27-50-102.
(2) (a) The agricultural behavioral health community of practice work group
is created in the department. The purpose of the work group is to convene a group of leaders and experts in agriculture and behavioral health care to improve access to behavioral health care for farmers, ranchers, other agricultural industry workers, and their families.
(b) (I) No later than September 1, 2024, the commissioner, or the
commissioner's designee, shall appoint at least seven members to serve on the work group, which must include the agricultural and rural community behavioral health program staff liaison described in section 27-60-303 (1.5) and a designee from the office of suicide prevention created in section 25-1.5-101 (1)(w)(I). The commissioner, or the commissioner's designee, may add additional members, if necessary, to represent the diversity of the agricultural community. The commissioner, or the commissioner's designee, shall appoint members who represent:
(A) Statewide organizations or Indian tribes or tribal organizations with
experience providing access, services, and resources for the behavioral health needs of those involved in agriculture;
(B) Statewide agricultural organizations that have programs focused on
behavioral health issues;
(C) Statewide organizations that address mental or behavioral health issues;
(D) Veterans service organizations;
(E) Rural behavioral health providers; and
(F) Individuals who have lived experience with mental health issues,
behavioral health issues, or substance use disorders and recovery.
(II) The commissioner, or the commissioner's designee, shall select a member
of a statewide agricultural organization to chair, facilitate, and lead the work group meetings.
(c) No later than January 1, 2025, the work group shall convene the first
meeting and establish procedures for meetings, including procedures to allow members of the work group to participate in the meetings remotely. The work group shall meet at least once a month.
(d) The chair, or the chair's designee, shall open the meetings to the public,
provide advance public notice of the meetings, and allow public comments at the meetings. The chair, or the chair's designee, shall conduct outreach and encourage community participation in the public meetings.
(e) The department shall organize translation services, upon advance notice
and request, for meetings held pursuant to subsections (2)(c) and (2)(d) of this section for members of the work group and members of the public who attend the meetings. The work group shall create a process for a member of the work group or a member of the public to request translation services in advance of a meeting.
(f) Members of the work group who are compensated by an organization to
serve on the work group serve without compensation. Members of the work group who are not compensated by an organization to serve on the work group must receive compensation.
(g) The work group shall:
(I) Compile best practices to provide behavioral health care to farmers,
ranchers, other agricultural industry workers, and their families;
(II) Identify gaps in the provision of behavioral health care to farmers,
ranchers, other agricultural industry workers, and their families;
(III) Engage with other stakeholders involved in agricultural behavioral
health care;
(IV) Collect data, as permitted by state and federal data privacy laws, on
behavioral health-care outcomes in agricultural communities and steps taken to support farmers, ranchers, other agricultural industry workers, and their families through behavioral health initiatives and programs; and
(V) Report to the department and the behavioral health administration on the
data collected pursuant to subsection (2)(g)(IV) of this section and recommend legislative or policy changes to further improve agricultural behavioral health care.
(h) This subsection (2) is repealed, effective September 1, 2029. Before the
repeal, the work group is scheduled for review in accordance with section 2-3-1203.
(3) (a) The agricultural behavioral health grant program is created in the
department. Subject to available appropriations, the department may administer the grant program. The purpose of the grant program is to award grant money to:
(I) Continue existing programs or create new programs that address the root
causes of behavioral health issues in the agricultural industry or in rural communities;
(II) Strengthen collaborative efforts between organizations and communities
in addressing the root causes of behavioral health issues in the agricultural industry or in rural communities; and
(III) Improve access to health, wellness, and behavioral health care for
farmers, ranchers, other agricultural industry workers, and their families.
(b) In administering the grant program pursuant to subsection (3)(a) of this
section, the department shall:
(I) Develop the grant application;
(II) Establish a disbursement timeline for the grants;
(III) Create a rubric to evaluate grant applications;
(IV) Award grant money to eligible recipients;
(V) Require grant recipients to report to the department on the progress of
grant-funded projects, findings, and legislative recommendations and establish a deadline for the submittal of the report to the department; and
(VI) Collect the reports described in subsection (3)(b)(V) of this section from
grant recipients on the use of grant funds.
(c) In awarding grant money pursuant to subsection (3)(b)(IV) of this section,
the department shall prioritize applicants that primarily serve individuals engaged in agriculture. The maximum amount of money a grant recipient may receive annually is fifty thousand dollars.
(4) (a) The department shall contract with a statewide agricultural
organization that has established programs addressing behavioral health issues to organize, manage, and convene an in-person annual summit for organizations with an interest in promoting and providing behavioral health care to agricultural communities. The statewide organization shall convene the first in-person annual summit no later than December 2025. The department shall contract with the statewide agricultural organization in accordance with the Procurement Code, articles 101 to 112 of title 24.
(b) The statewide agricultural organization shall conduct post-event surveys
of the individuals who attend the in-person annual summit.
(c) The statewide agricultural organization shall annually provide the
department:
(I) Receipts documenting funds spent on the in-person annual summit; and
(II) A report describing the in-person annual summit, including:
(A) The number of attendees;
(B) The names of the organizations that attended;
(C) The results of the post-event surveys described in subsection (4)(b) of
this section; and
(D) Any findings or recommendations on changes for future in-person annual
summits.
(d) The statewide agricultural organization that contracts with the
department is not barred from applying to the grant program.
(5) The department and the behavioral health administration shall enter into
an interagency agreement to share data collected in the course of understanding and addressing the behavioral health-care issues in the agricultural industry and in rural communities. The interagency agreement must state that the data shared will be aggregated and anonymized, and data sharing must be in compliance with state and federal data privacy laws.
(6) The department may promulgate rules as necessary for the
implementation of this section.
(7) (a) On or before January 1, 2026, and each January 1 thereafter, the
department shall submit a report summarizing the work group report described in subsection (2)(g)(V) of this section and the grant recipient reports collected pursuant to subsection (3)(b)(VI) of this section to the agriculture, water, and natural resources committee and the health and human services committee of the house of representatives and the agriculture and natural resources committee and the health and human services committee of the senate, or their successor committees, and the behavioral health administration.
(b) As part of the January 1, 2027, report described in subsection (7)(a) of this
section, and in each January 1 report thereafter, the department shall submit a report summarizing the statewide agricultural organization report collected pursuant to subsection (4)(c)(II) of this section.
(c) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the
requirement to submit the report required in this subsection (7) continues indefinitely.
Source: L. 2024: Entire section added, (SB 24-055), ch. 469, p. 3271, � 2,
effective August 7.
ARTICLE 1.2
Colorado Agricultural Future Loan Program
35-1.2-101. Short title. The short title of this article 1.2 is the Colorado
Agricultural Future Loan Program Act.
Source: L. 2021: Entire article added, (SB 21-248), ch. 374, p. 2471, � 1,
effective June 29.
35-1.2-102. Definitions. As used in this article 1.2, unless the context
otherwise requires:
(1) Agricultural processing means the transforming, packaging, sorting,
storage, or grading of Colorado livestock, livestock products, agricultural commodities, plants, or plant products.
(2) Agriculture has the same meaning as set forth in section 35-1-102 (1).
(3) Commissioner means the commissioner of agriculture.
(4) Department means the department of agriculture created in section
35-1-103.
(5) Eligible business means a business that:
(a) Earns or will earn a majority of its revenue from agricultural processing or
from developing or manufacturing technology designed to benefit Colorado farmers and ranchers; and
(b) In the judgment of the department:
(I) Has managers and employees who possess sufficient education, training,
and experience to operate the business; and
(II) Provides an economic benefit to Colorado farmers or ranchers.
(6) Eligible farmer or rancher means an individual who:
(a) Is at least eighteen years of age;
(b) Is a resident of Colorado;
(c) Is or will be an owner or operator in fact of a farm or ranch; and
(d) In the judgment of the department:
(I) Possesses sufficient education, training, and experience to operate the
farm or ranch; and
(II) Possesses or has access to sufficient working capital, farm machinery,
livestock, or land to operate the farm or ranch.
(7) Farm-to-market infrastructure grant means a grant of money from the
fund, which money is used for agricultural processing.
(8) (a) Farm-to-market infrastructure loan means a loan from the loan
program, which loan is used for the purpose of agricultural processing or the development or manufacturing of technology designed to benefit Colorado farmers or ranchers.
(b) (Deleted by amendment, L. 2023.)
(9) Financial entity means a bank, nondeposit community development
financial institution, business development corporation, or other entity with agricultural lending experience and with which the department contracts to help administer the loan program.
(10) Fund means the Colorado agricultural future loan program cash fund
created in section 35-1.2-105.
(11) Livestock has the same meaning as set forth in section 35-1-102 (6).
(12) Loan program means the Colorado agricultural future loan program
created in section 35-1.2-103.
Source: L. 2021: Entire article added, (SB 21-248), ch. 374, p. 2471, � 1,
effective June 29. L. 2022: (8) amended, (SB 22-212), ch. 421, p. 2984, � 80, effective August 10. L. 2023: (5)(a), (6)(c), and (8) amended, (SB 23-050), ch. 24, p. 86, � 1, effective August 7.
35-1.2-103. Colorado agricultural future loan program - created -
application - criteria - awards - rules. (1) There is hereby created in the department the Colorado agricultural future loan program to provide loans as described in this section. The department shall administer the loan program. Nothing in this article 1.2 may be construed as permitting the department to engage in any direct lending activities.
(2) (a) (I) Beginning on or before January 1, 2022, the department may
distribute money from the fund to financial entities to make farm-to-market infrastructure loans from the loan program to applicants who satisfy the requirements established by rules promulgated by the commissioner pursuant to subsection (7) of this section.
(II) (Deleted by amendment, L. 2023.)
(b) Beginning on or before January 1, 2022, the department may award farm-to-market infrastructure grants directly to eligible farmers or ranchers and eligible
businesses that satisfy the requirements established by rules promulgated by the commissioner pursuant to subsection (7) of this section.
(3) Repealed.
(4) When the department contracts with one or more financial entities
pursuant to this section, the department shall promptly notify the agriculture and natural resources committee of the senate and the agriculture, livestock, and water committee of the house of representatives, or any successor committees, of such contract.
(5) To receive a loan or grant, an applicant must submit an application to the
department in the form established by the commissioner pursuant to subsection (7)(c)(I) of this section.
(6) The department shall review applications received pursuant to this
section. In awarding grants and distributing money to financial entities for awarding loans, the department shall:
(a) Ensure applicants approved for loans or grants meet the requirements for
eligible businesses and eligible farmers or ranchers pursuant to section 35-1.2-102 (5) and (6); and
(b) Consider any criteria established pursuant to rules promulgated by the
commissioner pursuant to subsection (7) of this section.
(7) Pursuant to article 4 of title 24, the commissioner shall promulgate such
rules as are required in this article 1.2 and such additional rules as may be necessary to implement the loan program. At a minimum, the rules must:
(a) Require the department to accept applications from applicants at all
times during the year; except that the department may be required to accept written applications only during regular office hours;
(b) On and after January 1, 2023, to the extent practicable, prioritize the
provision of loans to eligible farmers or ranchers who apply for loans or grants from the loan program and who:
(I) Have owned or operated a farm or ranch for less than ten years; or
(II) Represent a population that is underserved or underrepresented in
Colorado agriculture; and
(c) Specify:
(I) The form of the loan program application;
(II) The time frames for distributing loan money;
(III) Criteria for the department to use in considering applications and
awarding loans;
(IV) The maximum amount of a loan from the loan program;
(V) Interest rates on loans;
(VI) Repayment terms of loans; and
(VII) Permissible uses of money awarded as low-interest loans to eligible
farmers or ranchers and eligible businesses, which uses may include:
(A) The acquisition of property and equipment;
(B) Paying costs associated with purchasing breeding livestock;
(C) Value-added improvements to real or personal property on a farm or
ranch;
(D) Operating expenses;
(E) Conservation projects; and
(F) Such other uses as the commissioner may identify.
Source: L. 2021: Entire article added, (SB 21-248), ch. 374, p. 2473, � 1,
effective June 29. L. 2023: (2)(a) and (6) amended, (SB 23-050), ch. 24, p. 87, � 2, effective August 7. L. 2025: (3) repealed, (SB 25-300), ch. 428, p. 2455, � 51, effective August 6.
Editor's note: (1) Subsection (3)(a)(II) provided for the repeal of subsection
(3)(a), effective July 1, 2022. (See L. 2021, p. 2473.)
(2) Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective
January 1, 2023. (See L. 2021, p. 2473.)
35-1.2-104. Report. Notwithstanding section 24-1-136 (11)(a)(I), on or before
December 15, 2021, and on or before December 15 each year thereafter, the department shall submit a summarized report to the agriculture and natural resources committee of the senate and the agriculture, livestock, and water committee of the house of representatives, or any successor committees, concerning the loan program.
Source: L. 2021: Entire article added, (SB 21-248), ch. 374, p. 2475, � 1,
effective June 29.
35-1.2-105. Colorado agricultural future loan program cash fund - created
-
repeal. (1) The Colorado agricultural future loan program cash fund is hereby created in the state treasury. The fund consists of:
(a) Money credited to the fund pursuant to section 35-1.2-106;
(b) Money received as loan payments on loans issued from the loan program, including interest; and
(c) Any other money that the general assembly may appropriate or transfer to the fund.
(2) (a) For state fiscal years commencing on or before July 1, 2024, and on or after July 1, 2026, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(b) For the state fiscal year commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the general fund.
(c) (I) On June 30, 2025, the state treasurer shall transfer one hundred ninety thousand eight hundred forty-seven dollars from the fund to the general fund.
(II) This subsection (2)(c) is repealed, effective July 1, 2026.
(3) Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund.
(4) The money in the fund is continuously appropriated to the department to expend for the purposes of this article 1.2.
Source: L. 2021: Entire article added, (SB 21-248), ch. 374, p. 2475, � 1, effective June 29. L. 2025: (2) amended, (SB 25-317), ch. 385, p. 2163, � 47, effective June 3.
Cross references: For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.
35-1.2-106. Funding for loan program. (1) Within three days after June 29, 2021, the state treasurer shall transfer thirty million dollars from the general fund to the fund for the implementation and administration of the loan program.
(2) Repealed.
(3) Beginning with the 2021-22 state fiscal year, the department may annually use up to one and one-half percent of the money transferred pursuant to subsection (1) of this section to pay the direct and indirect costs that the department incurs in administering the loan program; except that nothing in this subsection (3) may be construed as limiting the amount that the department may provide to a financial entity as compensation for making loans pursuant to a contract described in section 35-1.2-103 (4).
Source: L. 2021: Entire article added, (SB 21-248), ch. 374, p. 2475, � 1, effective June 29.
Editor's note: Subsection (2)(b) provided for the repeal of subsection (2), effective January 1, 2022. (See L. 2021, p. 2475.)
ARTICLE 1.5
Preemption
35-1.5-101. Scope of article. (1) Nothing in this article shall be construed to
limit the authority of a local government to:
(a) Zone for the sale or storage of any agricultural chemical, provide or
designate sites for disposal of any agricultural chemical or container, regulate the discharge of any agricultural chemical into sanitary sewer systems, adopt regulations pursuant to a storm water management program that is consistent with federal or state regulation, adopt or enforce building and fire code requirements, or to protect surface or groundwater drinking water supplies in accordance with current state or federal applicable law;
(b) Comply with any federal or state law or regulation or take any action
otherwise prohibited by this article in order to comply with any federal or state requirement or avoid a fine or other penalty under federal or state law;
(c) Implement a cooperative agreement with any federal or state agency;
(d) Regulate the use of agricultural chemicals on property in which the local
government has a fee simple absolute ownership interest;
(e) Issue local occupational licenses.
(2) The lack of a provision in this article explicitly preempting local
government regulation of any particular agricultural chemical not listed in section 35-1.5-102 (2) shall not be construed as an implicit grant of authority to a local government pursuant to this article to regulate on that subject.
Source: L. 94: Entire article added, p. 923, � 1, effective April 28.
35-1.5-102. Definitions. As used in this article, unless the context otherwise
requires:
(1) Adjuvant means a material added to an agrichemical solution to improve
performance.
(2) Agricultural chemical means any device, plant nutrient, animal nutrient,
or adjuvant and any treated, altered, or engineered plant or animal material.
(3) Animal nutrient means any feed subject to article 60 of this title and
any material for the maintenance, growth, or production of animals.
(4) Device means a device as defined in section 35-9-103 (5).
(5) Local government means a county, home rule county, city and county,
city, home rule city, special district, or other political subdivision of the state.
(6) Plant nutrient means:
(a) (Deleted by amendment, L. 2008, p. 1625, � 2, effective August 5, 2008.)
(b) A plant amendment as defined in section 35-12-103 (24);
(c) A plant nutrient as defined in section 35-12-103 (25);
(d) A soil conditioner as defined in section 35-12-103 (29);
(e) Anhydrous ammonia as defined in section 35-13-102 (1);
(f) A commercial fertilizer as defined in section 35-12-103 (3);
(g) Treated or untreated manure;
(h) Water runoff from a confined animal feeding operation that is captured
and then applied to a field; and
(i) A plant growth regulator.
(7) Use means all aspects of the handling of agricultural chemicals,
including, without limitation, the mixing, loading, application or administration, spill control, and disposal of an agricultural chemical or its container.
Source: L. 94: Entire article added, p. 923, � 1, effective April 28. L. 2008:
(6)(a) to (6)(d) and (6)(f) amended, p. 1625, � 2, effective August 5.
35-1.5-103. Preemption. (1) No local government shall adopt or continue in
effect any ordinance, rule, charter provision, or statute regarding the use of any agricultural chemical and pertaining to:
(a) The name of the product, name and address of the manufacturer, and
applicable registration numbers;
(b) Directions for use, use classification (general or restricted), mixing and
loading, site of application, target pest, dosage rate, method of application, application equipment, frequency and timing of applications, application rate, reentry intervals, worker protection standards, application and storage container specifications, storage and disposal of the agricultural chemical or container, or limitations to prevent unreasonable adverse effects such as required intervals between application and harvest of food or feed crops, rotational crop restrictions, warnings against use on certain crops, animals, objects, or in or adjacent to certain areas;
(c) Warnings and precautionary statements, hazards to humans, children,
domestic animals, or the environment, physical or chemical hazards, or statements of practical treatment; or
(d) Record-keeping requirements.
Source: L. 94: Entire article added, p. 923, � 1, effective April 28.
ARTICLE 2
Agricultural Statistics
C.R.S. § 35-49-103
35-49-103. Definitions. As used in this article, unless the context otherwise requires:
(1) Livestock water tanks includes all reservoirs created by dams
constructed after April 17, 1941, on watercourses, the channels of which are normally dry as determined by the state engineer, having a capacity not exceeding ten acre feet and a vertical height not exceeding fifteen feet from the bottom of the channel to the bottom of the spillway to be used for stock watering purposes.
Source: L. 41: p. 525, � 4. CSA: C. 160, � 229. CRS 53: � 8-17-4. C.R.S. 1963: �
8-17-4.
C.R.S. § 35-49-105
35-49-105. Not used for irrigation. No livestock water tanks constructed under the provisions of this article shall be used for irrigation purposes, and nothing contained in this article shall be construed as conferring upon the owner of any such livestock water tank a priority of use superior to any vested water right or to an adjudicated appropriation of water pursuant to state laws. Unless built upon an intermittent or perennial main stream, dams creating such livestock water tanks shall be deemed to have a rebuttable presumption that there is no injury to adjudicated water rights when built pursuant to the specifications set forth in section 35-49-103. If used solely for watering of livestock in areas known to be deficient in windmill water, having a pumping capacity of less than five gallons per minute, dams of greater capacity than those designated in section 35-49-103 may be constructed on any ephemeral stream, but in such event, the state engineer may require the construction of drainage facilities to reduce the water impounded in the reservoir to the capacity prescribed in section 35-49-103, within a thirty-six hour period.
Source: L. 41: p. 525, � 5. CSA: C. 160, � 230. CRS 53: � 8-17-5. C.R.S. 1963: �
8-17-5. L. 67: p. 180, � 1.
C.R.S. § 35-49-106
35-49-106. Plans submitted to state engineer. Anyone proposing to construct a dam for the creation of a livestock water tank, as described in section 35-49-103, shall submit to the state engineer for approval an application on a form provided by the state engineer showing the general location of such proposed dam with reference to section, township, and range, location and dimensions of spillway, and the number, location, and size of dams already constructed within the watersheds of the dry channel on which such dam is proposed to be built. Nothing contained in this section shall be construed to specify plans and specifications of such technical detail or nature as to require preparation by an engineer or construction of such stock water tanks under the supervision of an engineer; it being the intent and purpose of the provisions of this section that the state engineer shall be apprised by the completed application of pertinent information sufficient to enable the state engineer to ascertain the general location of the water tank, its operation in relation to tanks already constructed, its relative priority rights, its effect on existing appropriations of water, its capacity, its dam dimensions, the necessary and reasonable factors of safety, and its compliance with the provisions of this article.
Source: L. 41: p. 526, � 6. CSA: C. 160, � 231. CRS 53: � 8-17-6. C.R.S. 1963: �
8-17-6. L. 92: Entire section amended, p. 2304, � 1, effective June 3.
C.R.S. § 35-49-107
35-49-107. Construction requirements. (1) The state engineer shall examine each application submitted and, if the state engineer approves the same, shall return one copy of each such application with the approval of the state engineer thereon to the person submitting the same and file the other copy at the office of the state engineer. If the state engineer disapproves such application, or any part thereof, the same shall be returned to the applicant for correction and revision. In cases where the state engineer deems it necessary, before approval thereof, the state engineer may inspect the proposed water tank site and make such independent investigation as necessary. Whether the state engineer approves such application, or disapproves it and returns the same for correction and revision, the state engineer shall act within fifteen days after the application is submitted. Until the approval by the state engineer of an application has been obtained, the construction of such dam is prohibited.
(2) The provisions of this section and section 35-49-112 specifying approval
by the state engineer and providing a fee therefor shall not apply to dams having a vertical height not exceeding five feet from the bottom of the channel to the bottom of the spillway and which impound not more than two acre feet of water.
(3) Anyone proposing to construct a dam for the creation of a livestock water
tank, as described in section 35-49-103, shall comply with section 35-49-106. Every owner of a proposed reservoir for stock watering purposes who desires to obtain a priority number for such structure shall comply fully with all pertinent provisions of this article.
Source: L. 41: p. 526, � 7. CSA: C. 160, � 232. CRS 53: � 8-17-7. C.R.S. 1963: �
8-17-7. L. 92: Entire section amended, p. 2305, � 2, effective June 3.
C.R.S. § 35-49-108
35-49-108. State engineer to inspect dam. When such a dam is completed the state engineer shall be notified of such completion and, thereafter, may inspect said stock water tank. If the state engineer finds that the construction fails to conform with the application approved by the state engineer, it then becomes the duty of the owner of such dam to make such change and corrections therein as the state engineer has determined to be necessary to correct such failure, and when the same have been made, the state engineer shall provide in writing approval of such structure. Approval shall be granted by the state engineer upon reasonable compliance with the approved application and standard specifications. A livestock water tank shall not be disapproved because of failure to observe technical engineering details in construction.
Source: L. 41: p. 527, � 8. CSA: C. 160, � 233. CRS 53: � 8-17-8. C.R.S. 1963: �
8-17-8. L. 92: Entire section amended, p. 2305, � 3, effective June 3.
C.R.S. § 35-49-109
35-49-109. Priority determined - how. The state engineer's certificate of approval of a livestock water tank on each normally dry stream and its tributaries shall be chronologically numbered in the order of approval and in concert with any erosion control dams approved pursuant to section 37-87-122, C.R.S. Priority of right as between such tanks located on or within the watershed of each such dry stream shall be determined by such numbers seriatim, number one being first in such right.
Source: L. 41: p. 527, � 9. CSA: C. 160, � 234. CRS 53: � 8-17-9. C.R.S. 1963: �
8-17-9. L. 92: Entire section amended, p. 2306, � 4, effective June 3.
C.R.S. § 35-49-110
35-49-110. Standard plans - publication. The state engineer shall prepare and keep in file at the office of the state engineer standard plans, drawings, and specifications for livestock water tanks, which shall be subject to revision by the state engineer and shall in general be used as a guide by persons proposing to construct such tanks. Publication of these plans shall be subject to the approval and control of the executive director of the department of natural resources.
Source: L. 41: p. 528, � 10. CSA: C. 160, � 235. CRS 53: � 8-17-10. C.R.S. 1963:
� 8-17-10. L. 64: p. 127, � 34. L. 92: Entire section amended, p. 2306, � 5, effective June 3.
C.R.S. § 35-49-111
35-49-111. When conduits not required. Where, in the judgment of the state engineer, tanks upon any stream and its tributaries do not require conduits for purposes of safety or the protection of prior livestock water tank rights, it is lawful for the state engineer to approve an application not calling for conduits. Nothing in this section shall abrogate the right of any owner of a vested water right or appropriation of water to require such conduits in any case where necessary to protect such senior right.
Source: L. 41: p. 528, � 11. CSA: C. 160, � 236. CRS 53: � 8-17-11. C.R.S. 1963:
� 8-17-11. L. 92: Entire section amended, p. 2306, � 6, effective June 3.
C.R.S. § 35-49-112
35-49-112. Fees deposited in general fund. Each application for a livestock water tank submitted to the state engineer under the provisions of this article shall be accompanied by a fee of fifteen dollars. This fee shall be deposited by the state engineer with the state treasurer who shall credit all such fees to the general fund of the state.
Source: L. 41: p. 528, � 12. CSA: C. 160, � 237. L. 51: p. 789, � 1. CRS 53: � 8-17-12. L. 61: p. 185, � 1. C.R.S. 1963: � 8-17-12. L. 90: Entire section amended, p. 1616,
� 1, effective July 1. L. 92: Entire section amended, p. 2306, � 7, effective June 3.
C.R.S. § 35-70-108
35-70-108. Powers and duties of districts. (1) A conservation district, in the exercise of its public powers, has the following powers and duties in addition to others granted in this article, which powers and duties may be exercised by the supervisors subject to the rules, regulations, and bylaws adopted by such district and to the direction of the qualified voters at any regular or regularly called special meeting of the district:
(a) To conduct surveys, investigations, and research relating to the character
of soil conservation and the preventive and control measures needed. In order to avoid duplication of research activities, such work, where possible, shall be conducted in cooperation with the government of this state or any of its agencies or with the United States or any of its agencies.
(b) To conduct demonstrational projects within the district on lands owned or
controlled by the United States or the state of Colorado or any of their agencies, with the consent of the agency administering and having jurisdiction thereof, and on any privately owned lands within the district, upon obtaining the consent of the owner of such lands;
(c) To erect structures and maintain any facilities to arrest or prevent the
erosion of soils or lands within such district by reason of wind or water or from any other cause;
(d) To cooperate or enter into agreements with and, within the limit of its
available funds, to furnish financial or other aid to any agency, governmental or otherwise, or any owner or occupant of lands within the district in the carrying on of erosion control, flood control, and water conservation practices within the district, subject to such conditions as the supervisors may deem necessary to advance the purpose of this article;
(e) To obtain options upon and to acquire or acquire control of, by purchase,
exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein; to acquire real property or any interest therein by eminent domain under the provisions of articles 1 to 7 of title 38, C.R.S., for projects designed exclusively for flood control, or sediment control, or both, as authorized under Public Law 566, enacted by the eighty-third congress (1954), but such power of eminent domain shall not be exercised by any district unless and until not less than two-thirds of the resident landowners owning at least fifty percent of the privately owned lands within the watershed area, as established by the watershed work plan map, shall, by petition filed with the supervisors of the district, approve the exercise of such power for any specified project; to maintain, administer, and improve any properties acquired, to receive income from such properties, and to expend such income in carrying out the purposes of this article; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes of this article;
(f) To make available to landowners and occupants within the district, on
such terms as it shall prescribe, agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings, and such other material or equipment as will assist such landowners or occupants to carry on operations upon their lands for the conservation of soil or water resources and for the prevention and control of soil erosion and floods;
(g) Repealed.
(h) To accept grants, services, and materials and to borrow money from the
United States or from any corporation or agency created or designed by the United States to loan or grant money, or from the state of Colorado or any of its subdivisions, or from any other source, but in no event shall such district pledge the faith or credit of the state of Colorado or any county or other political subdivision, except that of such district. In connection with such grants or loans, it may enter into such agreements or contracts as may be required for such purposes.
(i) To take over, by purchase, lease, or otherwise, and to administer any soil
conservation, erosion control, or erosion prevention project located within its boundaries undertaken by the United States or any of its agencies, or by this state or any of its agencies; to manage, as agent of the United States or any of its agencies or of this state or any of its agencies, any soil conservation, erosion control, or erosion prevention project within its boundaries; and to act as agent for the United States or any of its agencies or for this state or any of its agencies in connection with the acquisition, construction, operation, or administration of any soil conservation, erosion control, or erosion prevention project within its boundaries;
(j) To sue and be sued in the name of the district; to have a seal which shall
be judicially noticed; to have perpetual succession unless terminated as provided in this article; to make and execute contracts and other instruments necessary or convenient to the exercise of its powers; to make, and from time to time amend and repeal, rules and regulations, not inconsistent with this article, to carry into effect its purposes and powers;
(k) To prepare a plan for the care, treatment, and operation of the lands
within the district. This plan may be known as the district program and plan of work and shall establish in general its objectives and serve as a guide for carrying out its work to attain its objectives. This plan, from time to time, may be amended to meet the needs of the district.
(l) To cause annual audits to be made in accordance with the Colorado Local
Government Audit Law;
(m) To make contributions of information, data, statistics, funds, or other
contributions valuable in the furtherance of land conservation to any state association or other organization representing the interests of conservation districts in the state in the accomplishment of that purpose;
(n) To sponsor, plan, construct, maintain, and operate flood prevention and
watershed improvement projects for the development, conservation, control, and utilization of water resources and, in so doing, to have and exercise all of the authority and power otherwise granted in this article;
(o) To participate in the formulation and implementation of nonpoint source
water pollution control programs related to agricultural practices in order to implement programs required or authorized under federal law and section 25-8-205 (5), C.R.S., enter into contracts and agreements, accept funds from any federal, state, or private sources, receive grants or loans, participate in education and demonstration programs, construct, operate, maintain, or replace facilities, and perform such other activities and adopt such rules and policies as the board deems necessary or desirable in connection with nonpoint source water pollution control programs related to agricultural practices.
Source: L. 37: p. 1178, � 8. CSA: C. 149A, � 8. L. 39: p. 549, � 1. L. 41: p. 696, �
-
L. 45: p. 632, � 4. L. 49: p. 673, � 6. CRS 53: � 128-1-8. L. 57: p. 760, � 1. C.R.S. 1963: � 128-1-8. L. 67: p. 305, � 1. L. 71: p. 1191, � 1. L. 82: (1)(g) repealed, p. 537, � 15, effective January 1, 1983. L. 88: (1)(o) added, p. 1023, � 2, effective April 6. L. 2002: IP(1) and (1)(m) amended, p. 520, � 21, effective July 1.
Cross references: For Public Law 566, see Pub.L. 83-566; for the Colorado Local Government Audit Law, see part 6 of article 1 of title 29.
C.R.S. § 36-1-138
36-1-138. Mineral section - personnel - duties. (1) (a) The state board of land commissioners is authorized to establish, under the jurisdiction of the director of the state board of land commissioners, a mineral section and appoint a minerals director with experience in mineral resources production, management, development, or reclamation. It is the duty of the minerals director or such director's designee or contractor to inspect all works operated under leases from the state for the production of mineral resources upon which rentals are due to the state upon a basis of a royalty upon the production therefrom, as often from time to time as the minerals director shall deem it necessary for the purpose of estimating and checking royalties therefrom, and keep such maps or other information of the workings of all such operations as will give the minerals section full information concerning the same.
(b) In the event the minerals director utilizes a contractor to conduct such
investigation, the compensation to such contractor shall not be based on the number or amount of audit findings referred to the director for action.
(2) Lessees of all mineral resources lands shall be required to furnish the
minerals director with copies or blueprints of all maps of underground surveys of leased land, made or authorized by such lessee, including engineer's field notes, certified to by the engineer who made the survey. The minerals director or such director's designee or contractor shall review activities related to mineral resources leases. The minerals director shall also check the royalties reported as due under such lease for the preceding month and compare the same with the surveys and other inspections made by the minerals director and shall report the result of such examination and checking to the director of the state board of land commissioners. Every mine and oil and gas operation and other works upon the lands managed by the state board of land commissioners held under lease therefrom by any person, association, partnership, or corporation shall be at all times subject to the inspection of the minerals director or such director's designee or contractor. The minerals director or the director's designee or contractor shall inspect and examine all lands held under lease from the state, providing for the payment of royalties from the production therefrom, and report to the director of the state board of land commissioners the condition of said lands and the amount of work and development done thereon by such lessees and make such recommendations relative thereto as the minerals director may deem advisable. The minerals director or such director's designee or contractor shall upon ten days notice have access during normal business hours to records and books necessary to determine the royalty due from the production and disposition of all substances produced from state trust lands, which record or book is in the possession or under the control of the lessee or the lessee's assign. If after reasonable effort the minerals director or such director's designee or contractor is unable to obtain sufficient information from the lessee or assign to determine the royalty due, the director or designee or contractor may petition the state board of land commissioners for an order which upon notice and hearing shall grant access to information, records, and books pertaining to royalties that are in the possession or under the control of any entity that purchases, distributes, processes, or transports the substance produced from the state trust land. Except as is necessary to determine and report to the board royalties due to the board, all information acquired by the director or director's designee or contractor under this subsection (2) shall be protected as confidential information and shall not be a matter of public record in the absence of a written release from the entity from which the information was obtained or until otherwise ordered by a court.
Source: L. 19: p. 653, � 31. C.L. � 1184. CSA: C. 134, � 83. CRS 53: � 112-3-39.
C.R.S. 1963: � 112-3-39. L. 97: Entire section amended, p. 847, � 31, effective May 21.
Cross references: For inquiries by the director of the division of labor into
relations existing between lessees of state lands and the state, see � 8-1-122.
C.R.S. § 36-3-109
36-3-109. Application to state engineer - maps. The person, company of persons, associations, or incorporated companies, making application to the board for the selection of lands by the state, shall have filed with the state engineer an application to appropriate water for the reclamation of the lands described in the request to the board. This application shall be of a form prescribed by the state engineer and shall be accompanied by two copies of the map of the land to be selected, which shall show accurately the location and dimensions of the proposed irrigation works. The maps of the lands and proposed irrigation shall be prepared in accordance with the regulations of the state engineer's office and rules of the department of the interior.
Source: L. 1895: p. 159, � 7. R.S. 08: � 5144. L. 11: p. 305, � 2. C.L. � 1129. CSA:
C. 134, � 27. CRS 53: � 112-2-9. C.R.S. 1963: � 112-2-9.
C.R.S. § 36-3-110
36-3-110. Examination of proposal - report. (1) Immediately upon the receipt of any request and proposal as designated in section 36-3-107, it is the duty of the secretary of the board to examine the same and ascertain if it complies with the rules of the board and the regulations of the department of the interior. If it does not, it is to be returned for correction. If it does comply, it shall be submitted to the state engineer, who shall examine the same and make a written report to the board, stating whether the proposed works are feasible; whether the proposed diversion of the public waters of the state will prove beneficial to the public interest; whether there is sufficient unappropriated water in the source of supply; whether a permit to divert, store, and appropriate water through or by the proposed works has been approved by him; whether the capacity of the proposed works is adequate to reclaim the land described; and whether the maps filed comply with the requirements of his office and the regulations of the department of the interior. He shall determine whether the lands proposed to be irrigated are desert in character and such as may properly be set apart under the provisions of the act of congress referred to in section 36-3-103 and the rules and regulations of the department of the interior.
(2) When the state engineer is unable, from an examination of the maps and
field notes submitted for his examination, to determine whether the proposed irrigation works are feasible and adequate or whether the proposed diversion of the public water is beneficial to public interest and whether the lands proposed to be irrigated are of such a character as to come under the provisions of the act of congress referred to in section 36-3-103, he shall report to the board and also report the estimated cost of a survey and examination. It is his duty to make, or cause to be made by some qualified assistant, such survey or examination as will enable him to report intelligently thereon to the board when directed by the board to make such examination or survey.
Source: L. 1895: p. 160, � 8. R.S. 08: � 5145. C.L. � 1130. CSA: C. 134, � 28.
CRS 53: � 112-2-10. C.R.S. 1963: � 112-2-10.
C.R.S. § 36-3-111
36-3-111. Board to consider proposal. On receipt of the report of the state engineer, the register shall place the request and proposal, with the engineer's report thereon, before the board for its consideration. In case of approval the board shall instruct the register to file in the local land office a request for the withdrawal of the land described in the proposal. No request on which the state engineer has reported adversely, either as to the water supply, the feasibility of the construction, capacity of the works, or as to the character of the lands sought to be irrigated, shall be approved by the board.
Source: L. 1895: p. 161, � 9. R.S. 08: � 5146. C.L. � 1131. CSA: C. 134, � 29. CRS
53: � 112-2-11. C.R.S. 1963: � 112-2-11.
C.R.S. § 36-3-112
36-3-112. Rejection of proposal - second proposal. In case the state engineer reports adversely upon the proposed irrigation works or where requests and proposals are not approved by the board, the board shall notify the parties making such proposals of such actions and the reasons therefor. Any party so notified shall have sixty days in which to submit another proposal; but the board, at its discretion, may extend the time to six months.
Source: L. 1895: p. 161, � 10. R.S. 08: � 5147. C.L. � 1132. CSA: C. 134, � 30.
CRS 53: � 112-2-12. C.R.S. 1963: � 112-2-12.
C.R.S. § 36-3-119
36-3-119. Disposition of funds. As provided in the act of congress set out in section 36-3-103, all moneys received by the board from the sale of lands selected under the provisions of this article shall be deposited with the state treasurer, and such sums as may be necessary shall be available for the payment of the expenses of the board and of the state engineer's office incurred in carrying out the provisions of this article. Such expenses shall be paid by the controller in the manner provided by law, upon vouchers duly approved by the board for the work performed under its direction and by the state engineer for all work performed by the state engineer's office; and any balance remaining over and above the expense necessary to carry out the provisions of this article shall constitute a trust fund in the hands of the state treasurer, to be used for the reclamation of other desert lands.
Source: L. 1895: p. 164, � 17. R.S. 08: � 5154. C.L. � 1139. CSA: C. 134, � 37.
CRS 53: � 112-2-19. C.R.S. 1963: � 112-2-19.
C.R.S. § 37-1-108
37-1-108. Short forms and abbreviations. (1) In any order of court the words The court now here finds that it hath jurisdiction of the parties to and of the subject matter of this proceeding, shall be equivalent to a finding of the existence of each jurisdictional fact necessary to confer plenary jurisdiction upon the court and necessary from the proper signing and filing of the initial petitions to the date of the order, to meet every legal requirement imposed by articles 1 to 8 of this title.
(2) No other evidence of the legal hypothecation of the proceeds of any
special assessment levied under said articles, to pay the bonds or warrants issued pursuant to articles 1 to 8 of this title, shall be required than the passage of a resolution by the board of directors and the issuance of bonds or warrants in accordance therewith.
(3) In the preparation of any assessment or appraisal record the usual
abbreviations employed by engineers, surveyors, and abstractors may be used.
(4) Where it would be necessary to use a long description to properly
describe any parcel of land, the appraisers, after locating the land generally, may refer to the book and page of the public record of any instrument in which the land is described, which reference shall be sufficient for all the purposes of articles 1 to 8 of this title to identify the land described in the public record so referred to.
(5) It shall not be necessary in any notice required to be published by articles
1 to 8 of this title to specify the names of the owners of the lands or of the persons interested therein; but any such notice may be addressed To all persons interested with like effect as though such notice named every owner of any lands within the territory specified in the notice and every person interested therein and every lienor, actual or inchoate.
(6) Every district declared upon hearing to be a conservancy district shall
thereupon become a political subdivision and a public corporation of the state of Colorado invested with all the powers and privileges conferred upon such districts by articles 1 to 8 of this title.
Source: L. 22: p. 72, � 74. C.L. � 9588. CSA: C. 138, � 198. CRS 53: � 30-1-8.
C.R.S. 1963: � 29-1-8.
C.R.S. § 37-21-109
37-21-109. Directors - secretary - salary. Each director shall receive as compensation for his services a sum not in excess of six hundred dollars per annum, as fixed by the board. No director shall receive any compensation as an officer, engineer, attorney, employee, or other agent of the district. Nothing contained in this article shall be construed as preventing the board from authorizing the reimbursement of any director for expenses incurred and appertaining to the activities of the district. The salary of the secretary shall be fixed by resolution of the board.
Source: L. 11: p. 318, � 29. L. 21: p. 279, � 1. C.L. � 2136. CSA: C. 57, � 30. CRS
53: � 47-2-9. L. 63: p. 344, � 1. C.R.S. 1963: � 47-2-9. L. 73: p. 565, � 1.
C.R.S. § 37-24-102
37-24-102. Contractor - bond - engineer. The person to whom a contract may be awarded shall execute a bond in the penal sum of not less than ten percent of the contract price, with surety to be approved by the board of directors, payable to the drainage district, conditioned for the faithful performance of the contract. All work shall be done under the direction and to the satisfaction of the engineer employed by the drainage district subject to approval by the board of directors.
Source: L. 11: p. 324, � 60. C.L. � 2174. CSA: C. 57, � 75. CRS 53: � 47-5-2.
C.R.S. 1963: � 47-5-2.
C.R.S. § 37-28-102
37-28-102. Method of organization. (1) Said owners shall submit such agreement to the board of county commissioners of the county wherein the major part of the lands proposed to be included in such district may be situated and shall submit therewith a plat of the land giving a general description of the same, and the said board of county commissioners as soon thereafter as may be practicable shall carefully consider all questions involved and shall make a personal inspection of the land proposed to be included in said voluntary district or may employ some competent engineer or surveyor to examine and report to said board on the same, and the expense of such surveyor or engineer, including any expense that the board of county commissioners may incur in the examination of such project, shall be paid by the parties to such voluntary agreement, and the board of county commissioners may require a deposit to be made with the county treasurer of the county to protect the county against such expense.
(2) If such board of county commissioners is satisfied that the plan proposed
is practicable and will be conducive to the public health, convenience, utility, or welfare and that the agreement submitted is fair and equitable in all respects considering the benefits which the respective lands will receive from such voluntary drainage system, then the board of county commissioners shall enter an order upon their records approving such agreement and shall file the same with the accompanying plat in the office of the county clerk and recorder of said county. If such district extends into more than one county, a certified copy of the agreement and plat, together with a certified copy of the said order of the board of county commissioners, shall be filed by the parties to such agreement with the county clerk and recorder of such other counties, and thereupon the said drainage district shall be fully organized and established and have all the powers of drainage districts. The directors so named in said agreement shall then possess all the powers and proceed in like manner as before designated in the case of directors of districts organized by petition, and the agreement provided for in this article shall constitute a charter of authority of such voluntary district, and all lands subscribed to and voluntarily included in said district shall be considered as a unit or but one tract of land in the determination of any question or right or duty as between said voluntary district and any lands outside thereof, whether lying above, below, or adjacent to said district.
Source: L. 11: p. 329, � 78. C.L. � 2195. CSA: C. 57, � 115. CRS 53: � 47-9-2.
C.R.S. 1963: � 47-9-2.
ARTICLE 29
Dissolution of Districts
C.R.S. § 37-3-105
37-3-105. Employment of agents. (1) The secretary shall be the custodian of the records of the district and of its corporate seal and shall assist the board of directors in such particulars as it may direct in the performance of its duties. The secretary shall attest, under the corporate seal of the district, all certified copies of the official records and files of the district that may be required of him by this article or by any person ordering the same and paying the reasonable cost of transcription, and any portion of the record so certified and attested shall prima facie import verity. The secretary shall serve also as treasurer of the district unless a treasurer is otherwise provided for by the board of directors. The board shall also have the authority to appoint other members of the board as custodians for district funds. The board may also employ a chief engineer, who may be an individual, partnership, or corporation; an attorney; and such other engineers, attorneys, and agents and assistants as may be needed; and it may provide for their compensation, which, with all other necessary expenditures, shall be part of the cost or maintenance of the improvement.
(2) The employment of the secretary, treasurer, chief engineer, and attorney
for the district shall be evidenced by agreements in writing which, so far as possible, shall specify the amounts to be paid for their services. The chief engineer shall be superintendent of all the works and improvements, and shall make a full report to the board of directors each year, or oftener if required by the board, and may make such suggestions and recommendations to the board as he may deem proper. The secretary and treasurer and such other agents or employees of the district as the court may direct shall furnish corporate surety bonds, at the expense of the district, in amount and form fixed and approved by the court, conditioned upon the faithful performance of their respective duties.
Source: L. 22: p. 22, � 11. C.L. � 9525. CSA: C. 138, � 136. CRS 53: � 30-3-4.
C.R.S. 1963: � 29-3-4. L. 81: (1) amended, p. 1750, � 3, effective May 28.
C.R.S. § 37-3-109
37-3-109. Execution of plans. The board of directors has full authority to devise, prepare for, execute, maintain, and operate all works or improvements necessary or desirable to complete, maintain, operate, and protect the works provided for by the official plan and to that end may employ and secure men and equipment under the supervision of the chief engineer or other agents or may in its discretion let contracts for such works, either as a whole or in parts.
Source: L. 22: p. 24, � 13. C.L. � 9527. CSA: C. 138, � 138. CRS 53: � 30-3-6.
C.R.S. 1963: � 29-3-6.
C.R.S. § 37-3-110
37-3-110. Contracts. When it is determined to let the work by contract, contracts in amounts in excess of ten thousand dollars shall be advertised after notice by publication calling for bids, and the board may reject any or all bids or may let said contract to the lowest or best bidder who gives a good and approved bond with ample security, conditioned on the carrying out of the contract. Such contract shall be in writing and shall be accompanied by or shall refer to plans and specifications for the work to be done prepared by the chief engineer. Said contract shall be approved by the board of directors and signed by the president of the district and by the contractor and shall be executed in duplicate; but in case of sudden emergency when it is necessary in order to protect the district, the advertising of contracts may be waived upon the unanimous consent of the board of directors, with the approval of the court; but the provisions of this section shall not apply if it is determined by the board of directors that the work be done on force account.
Source: L. 22: p. 26, � 16. C.L. � 9530. CSA: C. 138, � 141. CRS 53: � 30-3-9.
C.R.S. 1963: � 29-3-9.
C.R.S. § 37-3-111
37-3-111. Surveys and investigation. The board of directors also has the right to establish and maintain stream gauges, rain gauges, and a flood warning service with telephone or telegraph lines or telephone or telegraph service, and may make such surveys and examinations of rainfall and flood conditions, streamflow, and other scientific and engineering subjects as are necessary and proper for the purposes of the district, and may issue reports thereon.
Source: L. 22: p. 30, � 22. C.L. � 9536. CSA: C. 138, � 147. CRS 53: � 30-3-15.
C.R.S. 1963: � 29-3-15.
C.R.S. § 37-31-129
37-31-129. Salary and expenses of officers. Each director shall receive as per diem compensation for his or her services a sum not in excess of one hundred dollars per day, but not to exceed one thousand six hundred dollars per annum, as fixed by the board, together with actual and necessary expenses incurred in the performance of his or her duties. No director shall receive any compensation as an officer, engineer, attorney, employee, or other agent of the district. Nothing contained in this article shall be construed as preventing the board from authorizing the reimbursement of any director for expenses incurred and appertaining to the activities of the district. The salary of the secretary shall be fixed by resolution of the board of directors.
Source: L. 23: p. 291, � 21. CSA: C. 57, � 147. L. 51: p. 356, � 1. CRS 53: � 47-12-21. C.R.S. 1963: � 47-12-21. L. 73: p. 565, � 2. L. 79: Entire section amended, p.
1352, � 4, effective July 1. L. 98: Entire section amended, p. 121, � 2, effective March 24. L. 2007: Entire section amended, p. 158, � 5, effective January 1, 2008.
C.R.S. § 37-31-154
37-31-154. Contractor's bond - engineer to supervise. The person to whom the contract may be awarded shall execute a bond in the penal sum of not less than twenty percent of the contract price, with surety to be approved by the board of directors, payable to the drainage district and conditioned upon the faithful performance of the contract. All work shall be done under the direction and to the satisfaction of the engineer employed by the drainage district and subject to approval by the board of directors.
Source: L. 23: p. 298, � 44. CSA: C. 57, � 170. CRS 53: � 47-12-44. C.R.S.
1963: � 47-12-44.
C.R.S. § 37-33-104
37-33-104. May employ engineer - hearing. When such petition, plat, and bond are filed, the board of directors of said irrigation district in which such improvements are to be made shall proceed at once to view the line of the proposed drainage ditch or drain and the lands affected thereby, and, if in its opinion it is necessary, shall employ an engineer to prepare accurate surveys and estimates of the proposed work and shall set the day and place for hearing all interested parties, receiving protests, information, and any matter in relation to the proposed improvement, and shall notify all resident landowners affected by such improvement by personal service fifteen days prior to the date of such meeting. If personal service of such notice cannot be had, or if any of said landowners are nonresidents, then such notice shall be sent through the mail at least fifteen days prior to said meeting.
Source: L. 27: p. 306, � 4. CSA: C. 57, � 189. CRS 53: � 47-14-4. C.R.S. 1963:
� 47-14-4.
C.R.S. § 37-4-102
37-4-102. Appraisals. (1) During the preparation of the official plan, the board of appraisers shall examine and become acquainted with the nature of the plans for the improvement and of the lands and other property affected thereby, in order that they may be better prepared to make appraisals.
(2) When the official plan is filed with the secretary of the district, he shall at
once notify the appraisers, and they shall thereupon proceed to appraise the benefits of every kind to all land and property within or without the district which will result from the organization of said district and the execution of the official plan. They shall also appraise the damages sustained and the value of the land and other property necessary to be taken by the district for which settlement has not been made by the board of directors. In the progress of their work, the appraisers shall have the assistance of the attorney, engineers, secretary, and other agents and employees of the district.
(3) The board of appraisers shall also appraise the benefits and damages, if
any, accruing to cities, towns, counties, and other public corporations as political entities, and to the state of Colorado, and the same shall be considered the same as benefits or damages, as the case may be, to land or other property.
(4) Before appraisals of compensation and damages are made, the board of
directors of the district may report to the appraisers the parcels of land it wishes to purchase and for which it wishes appraisals to be made, both for easement and for purchase in fee simple, and the directors may specify the particular purpose for which and the extent to which an easement in any property is desired, describing definitely such purpose and extent.
(5) The appraisers shall appraise all damages which may, because of the
execution of the official plan, accrue to real or other property, either within or without the district, which damages shall also cover easements acquired by the district for all of the purposes of the district, unless otherwise specifically stated.
(6) Wherever instructed to do so by the board of directors, the appraisers
shall appraise lands which it may be necessary or desirable for the district to own and shall appraise both the total value of the land and also the damages due to an easement for the purposes of the district. Upon such appraisals being confirmed by the court, the board of directors of the district shall have the option of paying the entire appraised value of the property and acquiring full title to it in fee simple or of paying only the cost of such easement, for the purposes of the district.
(7) Upon written demand by the owner, such option shall be exercised by the
directors within ninety days after the date of the final judicial determination of such appraisal. The appraisers in appraising benefits and damages shall consider only the effect of the execution of the official plan. Appraisals of value for property taken shall be made without reference to any increase in value thereof due to the execution of the official plan. The appraisers in making appraisals shall give due consideration and credit to any other works or other systems of protection already constructed or under construction which form a useful part of the work of the district according to the official plan. Where the appraisers or a jury, in case one is called, returns no appraisal of damages to any property, it is deemed a finding by it that no damages will be sustained.
Source: L. 22: p. 32, � 26. C.L. � 9540. CSA: C. 138, � 151. CRS 53: � 30-4-2.
C.R.S. 1963: � 29-4-2.
C.R.S. § 37-41-104
37-41-104. Notice of election - qualifications of electors. (1) The board of county commissioners shall thereupon cause a notice embodying said orders in substance, signed by the chairman of the board of county commissioners and the clerk of said board, to be issued, given, and published, giving public notice of said election, the time and places thereof, and the matters submitted to the vote of the electors. The notice and order shall be published once a week for at least four weeks prior to such election in a newspaper of general circulation in said county, and if any portion of such proposed district lies within any other county, then such order and notice shall be published in a newspaper of general circulation published within each of the counties. No election, the purpose of which is to issue bonds or purchase sites, water rights, reservoirs, or rights-of-way, shall be held nor shall any bonds be issued or purchased or contract of purchase be made for reservoirs, water rights, sites, or works before the board of directors has submitted to the state engineer a complete and detailed plan of the project and a complete and detailed information of the property to be leased or purchased, and any other information required by the state engineer, and a decision rendered by him as to the feasibility of the project. No election thereon shall be held nor purchase contract or lease made until sixty days have expired after the rendition of such decision by the state engineer.
(2) At all elections held under the provisions of this article, every owner or
entryman of agricultural or horticultural land within said district over the age of eighteen years who is a citizen of the United States, or has declared his intention to become a citizen of the United States, and is a resident of the state of Colorado and has paid property taxes upon real property located within said district during the calendar year preceding any such election shall be entitled to vote at such election in the precinct where he resides or, if a nonresident of the precinct, in the precinct within which the greater portion of his land is located. A corporation organized or qualified to do business in this state which owns agricultural or horticultural land within the district, and which has paid property taxes thereon, may authorize an agent, who satisfies the residency and age requirements of this subsection (2), to vote in its behalf at all elections held under the provisions of this article or to serve as a director of the district. Any such person so qualified to vote and who resides in any county into which said district extends shall be eligible to election as a director in and for the division in such district in which he is entitled to vote. All lands platted or subdivided into residence or business lots shall not be considered agricultural or horticultural land. The ballots to be used and cast at such election for the formation of such district shall be substantially as follows: Irrigation District - Yes, and Irrigation District - No, or words equivalent thereto, and shall also contain the names of the persons to be voted for as members of the board of directors of said district. Each elector may vote for three directors, one from each division, and shall indicate his vote by placing a marginal cross upon the ballot, for or against any question submitted or name voted upon, and opposite thereto, at any election held under this article.
Source: L. 05: p. 249, � 4. L. 07: p. 488, � 1. R.S. 08: � 3443. L. 15: p. 209, � 3.
L. 17: p. 292, � 2. C.L. � 1963. L. 31: p. 431, � 1. CSA: C. 90, � 380. CRS 53: � 149-1-4. C.R.S. 1963: � 150-1-4. L. 75: (2) amended, p. 223, � 79, effective July 16. L. 77: (2) amended, p. 1631, � 1, effective May 24.
Cross references: For publication of legal notices, see part 1 of article 70 of
title 24.
C.R.S. § 37-41-125
37-41-125. Construction - contracts. (1) After adopting a plan for the construction of canals, reservoirs, and works, the board of directors shall give notice, by publication thereof, for not less than twenty days, in a newspaper published in each of the counties into which any such irrigation district extends, provided a newspaper is published therein, and in such other newspapers as it may deem advisable, calling for bids for the construction of said work or any portion thereof. If less than the whole work is advertised, then the portion so advertised must be particularly described in such notice. The notice shall set forth that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and the place for opening the proposals, which, at said time and place, shall be opened in public. As soon as convenient thereafter the board shall let said work, either in portions or as a whole, to the lowest responsible bidder, or it may reject any or all bids and readvertise for proposals, or it may proceed to construct the work under its own superintendence.
(2) Contracts for the purchase of material shall be awarded to the lowest
responsible bidder. The persons to whom a contract may be awarded shall enter into a bond, with good and sufficient sureties, to be approved by the board, payable to said district for its use, for not less than ten percent of the amount of the contract price, conditioned for the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the engineer in charge and be approved by the board. The provisions of this section shall not apply in the case of any contract between the district and the United States; except that, before any contract for construction work shall be entered into between the United States and the district, plans and specifications covering the proposed work shall be prepared and filed with the secretary of the district.
Source: L. 05: p. 262, � 23. R.S. 08: � 3462. L. 17: p. 308, � 12. C.L. � 2001.
CSA: C. 90, � 400. CRS 53: � 149-1-24. C.R.S. 1963: � 150-1-24.
C.R.S. § 37-42-101
37-42-101. Petition for organization - schedule - bond. Whenever the landowners of any prescribed area within the state of Colorado desire to organize an irrigation district for the purposes named in this article, they may propose such organization by presenting to the board of county commissioners of the county within which said area, or the greater part thereof, lies a petition praying such organization, signed by a majority of such landowners, whether resident or not, owning in the aggregate a majority of the acreage of such area so proposed to be organized. Such petition shall contain a definite description by metes and bounds of the area included within the exterior boundaries of said proposed district and a description by legal subdivisions of the area proposed to be organized, together with a statement of the purposes of organization and the property and rights proposed to be acquired or constructed, and shall name a resident of the county of proposed organization as agent for the proposers of organization, who shall act as their representative until such time as organization has been completed. Accompanying this petition, a schedule shall be filed showing by legal subdivisions, with acreage, the land owned by each signer and the total acreage of the proposed district, together with a map of the proposed district and the proposed system for its irrigation or reclamation, drawn to such scale and in the manner required by such rules as are promulgated by the state engineer for such purpose. These instruments shall be accompanied by a bond approved by the board of county commissioners in such amount as it shall fix, conditioned that all costs of inspection and organization shall be paid by the bondsmen in case organization is not effected. Copies of all instruments and maps filed with the board of county commissioners under this article shall also be filed with the state engineer.
Source: L. 21: p. 517, � 1. C.L. � 2057. CSA: C. 90, � 432. CRS 53: � 149-2-1.
C.R.S. 1963: � 150-2-1.
C.R.S. § 37-42-102
37-42-102. Date of hearing - notice. Upon the filing of such petition and the approval of the bond, the board of county commissioners shall communicate with the state engineer with reference thereto, and together they shall agree upon a date for hearing upon such petition, which shall in no case be later than ninety days from the date of filing thereof, and, in case no agreement is reached with reference to such date of hearing, it shall be had on the Tuesday next after the expiration of sixty days from the date of filing of such petition. During at least the four weeks immediately preceding such date for hearing, the board of county commissioners shall cause notice thereof to be published in some newspaper of general circulation published in each of the counties wherein any portion of the area of said proposed district lies, and, in case no such newspaper is published in any such county, the notice shall be given by posting the notice at the county courthouse in such county and in at least one conspicuous point within the area of such proposed district which lies in such county during the same time that publication is required, where a newspaper is available therefor.
Source: L. 21: p. 518, � 2. C.L. � 2058. CSA: C. 90, � 433. CRS 53: � 149-2-2.
C.R.S. 1963: � 150-2-2.
Cross references: For publication of legal notices, see part 1 of article 70 of
title 24.
C.R.S. § 37-42-103
37-42-103. Preliminary report. Prior to the date of such hearing, the state engineer shall file with the board of county commissioners, before which the hearing will be held, his preliminary report on the proposed irrigation system, showing his estimate of costs, as well as the availability of an adequate water supply, and the general feasibility of the system. In the preparation of such report, the state engineer may require such aid, assistance, maps, and data as he deems necessary, from the proposers of organization. Such report shall be considered a public document and open to general public inspection and examination.
Source: L. 21: p. 519, � 3. C.L. � 2059. CSA: C. 90, � 434. CRS 53: � 149-2-3.
C.R.S. 1963: � 150-2-3.
C.R.S. § 37-42-104
37-42-104. Hearing - adjournments. In case the state engineer considers the proposed irrigation system feasible, and shall so state in his report, or shall report his inability to reach a definite conclusion with reference thereto, the board of county commissioners shall proceed to a hearing and determination of those matters subject to their consideration either immediately upon the date set for hearing, or may adjourn such hearing from time to time as they shall see fit, but not exceeding two weeks. During such time consumed by adjournment, the state engineer may file such additional or supplemental reports as he sees fit, and they shall also be considered in the determination.
Source: L. 21: p. 519, � 4. C.L. � 2060. CSA: C. 90, � 435. CRS 53: � 149-2-4.
C.R.S. 1963: � 150-2-4.
C.R.S. § 37-42-105
37-42-105. Adverse report - investigations. (1) In case the report of the state engineer is adverse to the formation of such district because it is not considered feasible, he shall state his reasons for such conclusion in concise language and shall call attention thereto expressly in his letter transmitting such report to the board of county commissioners. The board of county commissioners shall thereupon fix and determine, upon such investigations and hearings as they see fit, the following matters and things:
(a) Whether the statutory requirements preliminary to organization have
been substantially complied with, which determination shall be reviewable only by an action in the nature of certiorari issuing out of the district court having jurisdiction and upon application therefor made within fifteen days of the date of determination by the board of county commissioners;
(b) Fix the territorial extent and boundaries of such district and, in so doing,
consider the petition upon which hearing is had, together with such petitions for inclusion within or exclusion from said district as are presented.
(2) No lands shall be excluded from said district which are susceptible of
irrigation from the source of water supply intended for the irrigation of the district and not more easily irrigable from another source, nor shall any lands be included within said district which are not susceptible of irrigation from the source of supply intended for the district, or which are already irrigated, or which can be more easily irrigated from another source.
(3) Objection to such exclusions or inclusions, or the order fixing the
territorial extent and boundaries of the district, shall be made in writing by the interested landowners, on or before such date of hearing or adjournment thereof, and an appeal from such adverse determination prosecuted to the district court of the county wherein such hearing is had, as in the case of appeals from disallowance of claims, insofar as applicable, within fifteen days from such determination. No such appeal having been prosecuted, the determination of the board of county commissioners shall be deemed conclusive on such points.
Source: L. 21: p. 519, � 5. C.L. � 2061. CSA: C. 90, � 436. CRS 53: � 149-2-5.
C.R.S. 1963: � 150-2-5.
C.R.S. § 37-42-124
37-42-124. Construction of works - bids - notice - contract - bond. (1) After a plan for construction of irrigation or other works has been adopted and approved as provided in section 37-42-117, and funds provided therefor, the board of directors shall call for bids for the construction of the whole or any part thereof. The notice shall be published for four weeks in such papers as the board shall designate as best suited to give widest publicity, and shall set forth that plans and specifications can be seen at the office of the district, that sealed bids for such construction will be received, and that the contract will be let to the lowest responsible bidder, stating the time and place for opening such bids, which, at such time and place, shall be opened in public. Within ten days from the opening of such bids, the board shall let said contract, in whole or in part, to the lowest responsible bidder, or may reject any or all of said bids and readvertise for other bids, or may proceed to construct such works under the superintendence of the officers and employees of the district. Any person to whom a contract is let under this article shall enter into a bond with good and sufficient sureties to be approved by the board, payable to such district for its use in not less than twenty-five percent of the amount stated in said contract, conditioned for the faithful performance of such contract.
(2) All preliminary engineering and construction work shall be done under
the direction of a competent irrigation engineer, and shall be approved by the state engineer of Colorado; except that this section shall not apply in the case of any contract between the district and the United States.
Source: L. 21: p. 539, � 24. C.L. � 2080. CSA: C. 90, � 455. CRS 53: � 149-2-24. C.R.S. 1963: � 150-2-24.
C.R.S. § 37-42-134
37-42-134. Inclusion of land in district. (1) Landowners representing a majority of the acreage of any tracts of land susceptible of irrigation from the system of any irrigation district already organized may present their petition to the board of directors of such irrigation district, praying that such lands be included within the district. Such petition shall describe each tract of land sought to be included within such district and give the name of the owner thereof. It shall be accompanied by a map prepared by a competent civil engineer, showing the proposed method of irrigation of the land involved and the susceptibility of its irrigation from the system of such district. Upon the filing of such petition, it is the duty of the secretary of such district to cause notice thereof to be published, at the expense of such petitioners, once each week for three successive weeks in a newspaper designated by the board and of general circulation within such district and to set said petition down for hearing before the board at its next regular meeting after the last of such publications.
(2) At the date set for hearing, such board shall proceed to hear said petition
and any objections thereto that have been offered in writing by any landowner of the district or other interested person and may allow or reject said petition in whole or in part in its discretion. As a condition precedent to the granting of such petition, the board of directors shall require the payment into the bond fund of such amount, as nearly as the same can be estimated, as such land as is included by its order would have been assessed on account of such fund if it had been in such district from the date of its organization and, in addition, may require such further payments as it considers just and equitable to be paid into the general fund; but, in case any unentered public land is so included within any irrigation district, such payment shall be assessed against such lands on the records of the district and collected in the manner authorized by the act of congress of August 11, 1916.
(3) In case a contract has been made between the district and the United
States, no change shall be made in the boundaries of the district unless the secretary of the interior assents thereto in writing and such assent is filed with the board of directors. Upon such assent any lands excluded from the district shall be discharged from all liens in favor of the United States under a contract with the United States.
Source: L. 21: p. 550, � 34. C.L. � 2090. CSA: C. 90, � 465. CRS 53: � 149-2-34. C.R.S. 1963: � 150-2-34. L. 91: (1) and (2) amended, p. 895, � 29, effective June 5.
C.R.S. § 37-43-209
37-43-209. Submission of plans to state engineer - not required. (1) Notwithstanding the provisions of section 37-41-104 (1), a contracting district shall not be required to submit to the state engineer:
(a) Plans for the construction, operation, or maintenance of salinity control
laterals; or
(b) Information concerning such salinity control laterals.
(2) Notwithstanding the provisions of section 37-41-104 (1), a contracting
district shall not be required to obtain a decision from the state engineer as to the feasibility of construction, operation, and maintenance of salinity control laterals.
Source: L. 88: Entire part added, p. 1230, � 1, effective April 6. L. 91: IP(1) and
(2) amended, p. 896, � 32, effective June 5.
C.R.S. § 37-44-108
37-44-108. Directors - powers and duties. (1) The directors, having duly qualified, shall organize as a board, elect a president from their number, and appoint a secretary and a district treasurer. The board has power, and it is its duty, to adopt a seal; manage and conduct the affairs and business of the district; make and execute all necessary contracts; employ such agents, attorneys, officers, and employees as may be required and prescribe their duties; and generally perform all acts as shall be necessary to fully carry out the purposes of this article 44. The board of directors has power to construct, acquire, purchase, or condemn any drainage canals, reservoir sites, and such inlet and outlet works as may be necessary, or to acquire, by condemnation or otherwise, the right to enlarge any reservoir already constructed or partly constructed and to enlarge the inlet and outlet works thereof, or to purchase or acquire, by proceedings in eminent domain or otherwise, any reservoir, drainage system, or irrigation system already constructed or partially constructed and to enlarge and complete the same adequate to the needs of the district.
(2) No contract or award or judgment in eminent domain involving a
consideration exceeding twenty-five thousand dollars shall be binding until such contract, award, or judgment has been authorized, ratified, or the payment thereof approved at an election in the same manner as is provided for the issue of bonds, and the necessity of submitting such matters to the approval of the electors shall not be avoided by entering into more than one contract with considerations of less than twenty-five thousand dollars where the whole transaction actually involved more than that amount.
(3) The board also has power to promulgate rules regulating the use of the
water owned and controlled by said district, and all water owned by said district shall be apportioned and distributed for irrigation to each landowner in proportion to the benefits to said land as determined by the assessments levied against said land for irrigation purposes as provided in this article.
(4) The board of directors has the further power to lease or rent the use of
water or to contract for the delivery thereof to settlers thereon or occupants of the public domain; except that, in such case, the board of directors has the further power to make a contract on behalf of the district with such settlers or occupants to the effect that any such settler or occupant, upon receiving full title to his land and upon the payment of his proportional share of the bond assessment and maintenance charges as fixed and determined by the board of directors of said district, shall include his land within said district, and such land upon such inclusion shall be entitled to all the rights and privileges of other lands of said district and subject to all of the provisions of this article. Before the execution of such contract, the board of directors shall cause a notice of such contract to be given for three successive weeks in a newspaper of general circulation in the county where the office of the district is required to be located, and a hearing upon said contract and all objections thereto shall be had as provided in this article.
(5) If upon said hearing the board of directors deems it for the best interest
of the district not to execute said contract, the petition shall be rejected, but, if the board deems it for the best interest of the district that the contract be executed, the board shall execute said contract, and, in such case, the contract shall be valid and binding upon all parties thereto. When such settler or occupant has complied with said contract and obtained title to his land, upon proof of such compliance and obtaining of title and without any further notice or hearing of the matter, the board shall enter an order for the inclusion of said lands as provided in this article. If any settler or occupant fails or refuses to perform said contract, the board of directors, if it so elects, may rescind the contract and declare a forfeiture of any payments theretofore made, in which event said land shall no longer be entitled to any of the benefits to be obtained under said contract and shall not become a part of the district.
(6) The board of directors further has full power, in order to protect life and
property within the district, to devise, prepare, execute, maintain, and operate any and all works and improvements provided for by the plan adopted and, to that end, may employ and secure men and equipment under the general supervision of the engineer of the district or, in its discretion, may let contracts for such work either in the whole or in parts. In order to protect life and property, and in order to drain, protect, or relieve land, which subject to overflow or washing or which is menaced or threatened by the normal flow, flood, surplus, or overflow of water of any natural watercourse, stream, canal, or wash, whether perennial, intermittent, or flood, and in order to effect the protection of the land and other property in the district, the board of directors is empowered to clean out, straighten, widen, alter, deepen, or change the course or terminus of any ditch, drain, sewer, reservoir, watercourse, pond, lake, creek, or natural stream, in or out of said district, necessary for the proper protection of the lands in said district from overflow, washing, or drainage by reason thereof.
Source: L. 23: p. 492, � 6. L. 35: p. 955, � 4. CSA: C. 138, � 22. CRS 53: � 149-5-6. C.R.S. 1963: � 150-4-6. L. 2023: (1) amended, (SB 23-057), ch. 53, p. 192, � 10,
effective January 1, 2024.
Cross references: For eminent domain proceedings, see articles 1 to 7 of title
38.
C.R.S. § 37-44-138
37-44-138. Construction contract - bond. After adopting a plan for the construction of reservoirs and works for the protection of life and property and to furnish water for the irrigation of the territory embraced within the boundaries of the internal improvement district, or to drain lands within or without the boundaries of said district, the board of directors shall give notice, by publication thereof, not less than twenty days in a newspaper published in the county in which the office of the internal improvement district is located, provided a newspaper is published therein, and in such other newspapers as it may deem advisable, calling for bids for the construction of said works or any portion thereof. If less than the whole work is advertised, then the portion so advertised must be particularly described in such notice. The notice shall set forth that plans and specifications may be seen at the office of the board and that the board shall receive sealed proposals therefor and that the contract will be let to the lowest responsible bidder, stating the time and place for opening the proposals, which bids at said time and place shall be opened in public. As soon as convenient thereafter, the board shall let said work, either in portions or as a whole, to the lowest responsible bidder, or it may reject any or all bids and readvertise for proposals, or may proceed to construct the work under its own superintendence. Contracts for the purchase of materials shall be awarded to the lowest responsible bidder. The person to whom a contract may be awarded shall enter into a bond, with good and sufficient sureties, to be approved by the board, payable to said district for its use, for not less than ten percent of the amount of said contract, conditioned for the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the engineer in charge and shall be approved by the board.
Source: L. 35: p. 960, � 6. CSA: C. 138, � 52. CRS 53: � 149-5-36. C.R.S.
1963: � 150-4-36.
C.R.S. § 37-45-117
37-45-117. Employment of agents. The secretary shall be custodian of the records of the district and of its corporate seal, and shall assist the board in such particulars as it may direct in the performance of its duties. The secretary shall attest, under the corporate seal of the district, all certified copies of the official records and files of the district that may be required of him by this article, or by any person ordering the same and paying the reasonable cost of transcription, and any portion of the record so certified and attested shall prima facie import verity. The secretary shall serve as treasurer of the district, unless a treasurer is otherwise provided for by the board. The board may also employ a chief engineer who may be an individual, partnership, or corporation; an attorney, and such other engineers, attorneys, and other agents and assistants as may be necessary; and may provide for their compensation which, with all other necessary expenditures, shall be taken as a part of the cost or maintenance of the improvement. The chief engineer shall be superintendent of all the works and improvements, and shall make a full report to the board each year, or oftener if required by the board, and may make such suggestions and recommendations to the board as he may deem proper. The secretary and treasurer and such other agents or employees of the district as the court may direct, shall furnish corporate surety bonds, at the expense of the district, in amount and form fixed and approved by the court, conditioned upon the faithful performance of their respective duties.
Source: L. 37: p. 1323, � 12. CSA: C. 173B, � 26. CRS 53: � 149-6-12. C.R.S.
1963: � 150-5-12.
C.R.S. § 37-46-106
37-46-106. Vacancies - secretary and treasurer. The office of director shall become vacant when any member ceases to reside in the county from which the director was appointed. In the event a vacancy occurs in said office by reason of death, resignation, removal, or otherwise, it shall be filled by the board of county commissioners of the county from which said member originally came. Each director shall take an oath or affirmation in accordance with section 24-12-101. The board of directors of said district shall appoint a secretary and a treasurer. The same individual may, at the election of the board, hold both of said offices. The board shall likewise hire such other employees, including engineers and attorneys, as may be required to properly transact the business of the district, and said board is authorized to provide for the compensation of the secretary and treasurer and other appointees. The treasurer shall be required by the board to give bond with corporate surety in such amount as the board may fix and which it deems sufficient to protect the funds in the hands of the treasurer or under the treasurer's control. Such bond is subject to the approval of the board.
Source: L. 37: p. 999, � 4. CSA: C. 138, � 199(4). CRS 53: � 149-8-4. C.R.S.
1963: � 150-7-4. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 702, � 39, effective August 8.
Cross references: For the legislative declaration in HB 18-1138, see section 1
of chapter 88, Session Laws of Colorado 2018.
C.R.S. § 37-46-109
37-46-109. Authority of board to levy taxes. (1) (a) In addition to other means of providing revenue for the district, the board of directors has the power to fix the amount of an assessment upon the property within the district, not to exceed two and one-half mills for every dollar of valuation for assessment therein as a level or general levy to be used for the purpose of paying the expenses of organization, for surveys and plans, to pay the salaries of officers and the per diem allowed to directors and their expenses, for the costs and expenses of construction or partial construction of any project designed or intended to accomplish the utilization of water, by storage or otherwise, for any beneficial uses or purposes, and for other incidental expenses which may be incurred in the administration of the affairs of the district.
(b) and (c) Repealed.
(d) Upon the receipt of any proceeds of a tax levy made under paragraph (a)
of this subsection (1), if any items of expense have already been paid in whole or in part from any other sources by the district, they may be repaid from receipts of such levy. Such levy may be made, although the work proposed or any part thereof may have been found impractical or for other reasons abandoned. The collection of data and the payment of expenses therefor, including the compensation of engineers and attorneys and clerical assistants, to conserve the water of the district and to enable the district to adopt plans and projects for the orderly development of the district are hereby declared to be a matter of general benefit to the public welfare and such that taxes for said purposes may be properly imposed in the opinion of the general assembly.
(e) If this subsection (1) or any clause, phrase, or part thereof is held
unconstitutional or invalid by any court of competent jurisdiction, such decision shall not affect the validity or force of any other part of this section or any other part of this law, and the general assembly hereby declares it would have enacted the remainder of this article without this subsection (1).
(2) The board of said district may, in lieu of the level or general tax
authorized by subsection (1) of this section, levy special assessments upon all real estate within the district, except such real estate as is exempted in this article, to raise funds to pay expenses of organization, salaries, expenses, and per diem allowances of officers and directors and to prepare a general plan for the maintenance of constant streamflow and adequate water supplies in all the principal tributaries and the main stream of the Colorado river in said district and provide for future development of the district and ensure water therefor. Such assessments shall be made in proportion to the benefits to each piece of real estate accruing by reason of the adoption of a comprehensive plan of development of the natural resources of the district as a whole. The board of directors, if it deems it advisable at any time before levying special assessments, shall appraise the benefits to the several parcels of real estate within the district which shall result from the organization of said district and the general plans and development aforesaid. The board may adopt rules for such purpose and provide inter alia for notice and hearing to all persons affected thereby. A permanent record, arranged by counties, of the benefits which will accrue to each tract of land shall be kept, and such benefits shall be apportioned over a series of years, the amount to be collected each year to be in the discretion of the board; but the amount of such assessment to be levied and assessed against the real property in said district in any one year shall not exceed a total of seventy-five hundred dollars, and it is hereby declared that the amount of special benefits accruing annually to the real estate in said district is in excess of such amount. All property owned by the state, counties, cities, towns, school districts, or other governmental agencies shall be exempt from taxation or special levies under this article.
(3) Prior to October 15 of each year in which an assessment is made, the
board of directors shall appoint a time and place where it will meet within the district for the purpose of hearing objections to assessments at least thirty days prior to the dates so appointed. Notice of such hearing shall be given by posting a notice thereof at or near the door of the treasurer's office in each county in said district and by publishing said notice in a legal newspaper not less than three consecutive times within a period of thirty days, immediately prior to the hearing. The notice posted in each county shall be sufficient if it pertains to the property subject to assessment in said county only and need not contain the description of, or any reference to, property situated in other counties also affected by such assessment. The notice shall contain a description of the real estate so assessed in the county in which said notice is posted and published, the amount of the assessment fixed by the board, and the time and place fixed by the board for the hearing of objections to such assessments. It shall not be necessary for the notice to contain a separate description of the lots or tracts of real estate, but it shall be sufficient if the said notice contains such descriptions as will inform the owner whether or not his real estate is covered by such descriptions, and to inform the owner of the amount of special assessments thereon.
(4) If, in the opinion of any person whose real estate is assessed, his property
has been assessed too high or has been erroneously or illegally assessed, at any time before the date of such hearing, he may file written objections to such assessments, stating the ground of such objections, which statement shall be verified by the affidavit of said person or some other person familiar with the facts. At such hearing the board shall hear such evidence and argument as may be offered concerning the correctness or legality of such assessment and may modify or amend the same. Any owner of property desiring to appeal from the finding of the board as to assessments, within thirty days from the finding of the board, shall file with the clerk of the district court of the county in which the property is situated, a written notice making demand for a trial by the court. At the same time, the appellant shall file a bond with good and sufficient security, to be approved by the clerk of said court, in a sum not exceeding two hundred dollars, to the effect that, if the finding of the court is not more favorable to the appellant than the finding of the board, the appellant will pay the costs of the appeal. The appellant shall state definitely from what part of the order the appeal is taken. In case more than one appeal is taken, upon a showing that the same may be consolidated without injury to the interests of anyone, the court may consolidate and try the appeals together.
(5) The court shall not disturb the findings of the board unless the finding of
the board in any case is manifestly disproportionate to the assessments imposed upon other property in the district created under this article. The trial shall be to the court, and the matter shall take precedence before the court and shall be taken up as promptly as may be after the appeal is filed. If no appeal is taken from the finding of the board within the time prescribed in this section, or after the finding of the district court in case an appeal is taken from the finding of the board, then said assessments shall be final and conclusive evidence that said assessments have been made in proportion to the benefits conferred upon each tract of real estate of said district by reason of the general plans of survey, comprehensive plan of development, and the completion of improvements to be constructed under the provisions of this article, and such assessments shall constitute a perpetual lien as provided in section 37-46-121 upon the real estate so assessed until paid.
Source: L. 37: p. 1003, � 7. CSA: C. 138, � 199(7). CRS 53: � 149-8-7. L. 58: p.
323, � 1. C.R.S. 1963: � 150-7-7. L. 69: p. 1235, � 1. L. 79: (1)(c) repealed and (1)(d) amended, pp. 1360, 1355, �� 8, 2, effective May 31. L. 83: (1)(a) and (1)(d) amended and (1)(b) repealed, pp. 1394, 1396, �� 2, 5, effective May 26.
Cross references: For publication of legal notices, see part 1 of article 70 of
title 24.
C.R.S. § 37-46-110
37-46-110. Organization. (1) Notwithstanding the organization of the district provided for in this section, public irrigation districts organized under and pursuant to article 4 of chapter 149, CRS 53, and irrigation districts organized under and pursuant to articles 41 and 42 of this title, and any other form or organization designed or intended to acquire, construct, or maintain reservoirs, ditches, and similar works for irrigation or other beneficial purposes under any law of the state of Colorado or of the United States may be organized to cover and include areas within the Colorado river water conservation district and may likewise embrace territory within that district and partly out of the district. The board of directors, whenever in their opinion such form of organization will help promote the local interests or accomplish improvements for any part of said district, may recommend the organization of any such type of organization.
(2) In addition to such forms of organization, whenever in the opinion of the
board of directors of said district it is feasible and necessary that ditches, canals, reservoirs, or other works which benefit only a part of the district should be constructed, a local improvement district or subdivision, or as many of such local improvement districts as may be necessary, may be created as provided in this article. Said local improvement district, when organized under the provisions of this law, shall be designated as Water Users' Association No. ........ in the Colorado River Water Conservation District, or as Special Improvement District No. ........ in the Colorado River Water Conservation District. Each subdistrict shall be numbered consecutively as created or organized. The board of directors, the engineers, attorneys, secretary, and other officers, agents, and employees of the district, so far as it may be necessary, shall serve in the same capacity for such subdivisions or subdistricts. A contract and agreement between the main district and the subdistrict may be made in the same manner as contracts and agreements between two districts.
Source: L. 37: p. 1008, � 8. CSA: C. 138, � 199(8). CRS 53: � 149-8-8. C.R.S.
1963: � 150-7-8.
Editor's note: The public irrigation law, article 4 of chapter 149, CRS 53,
referred to in subsection (1), was repealed, but the provisions of said article 4 were preserved as to all districts formed under that article prior to 1963. (See L. 63, p. 1009.)
C.R.S. § 37-46-126.3
37-46-126.3. Levy and collection of subdistrict's taxes. (1) The board of directors, in the name of the subdistrict, after it has been organized, shall determine the amount of money necessary to be raised by a levy on the taxable property in the subdistrict and shall fix a rate of levy, not to exceed five mills, which when levied upon every dollar of valuation for assessment of taxable property within the subdistrict will raise the amount required by the subdistrict during the ensuing fiscal year to supply funds for paying expenses of organization, costs of surveys and plans, salaries of any employees of the subdistrict, per diem allowed to directors and their expenses pertaining to the subdistrict, and other incidental expenses which may be incurred in the administration of the affairs of the subdistrict, paying the costs and expenses of construction of any project designed or intended to accomplish the utilization of water, by storage or otherwise, for any beneficial uses or purposes, and promptly paying in full, when due, all interest on and principal of general obligation bonds and other general obligation indebtedness of the subdistrict, but the limitation of five mills imposed in this section on the amount of levy shall not apply to levies made for the purpose of paying the principal of and interest on the general obligation bonds and other general obligation indebtedness of the subdistrict. Except for levies to pay such indebtedness, a two-thirds vote of the membership of the board shall be required to fix the amount of each of such levies.
(2) To levy and collect general ad valorem taxes, the board shall determine
in each year the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the subdistrict, and shall fix a rate of levy, without limitation of rate or amount, but subject to the provisions of subsection (1) of this section, which, when levied upon every dollar of valuation for assessment of taxable property within the subdistrict and together with any other moneys of the subdistrict, will raise the amount required by the subdistrict annually to supply funds for the payment of the expenses provided in subsection (1) of this section.
(3) In accordance with the schedule prescribed by section 39-5-128, C.R.S.,
the board of directors shall certify to the board of county commissioners of each county within the subdistrict, or having a portion of its territory within the subdistrict, the rate so fixed in order that, at the time and in the manner required by law for the levying of taxes, such board of county commissioners shall levy such tax upon the valuation for assessment of all taxable property within the subdistrict in such county.
(4) Upon the receipt of any proceeds of tax levies made under subsection (1)
of this section, if any items of expense have already been paid in whole or in part from any other sources by the subdistrict, they may be repaid from receipts of such levies. Such levies may be made, although the work proposed or any part thereof may have been found impractical or for any other reasons abandoned. The collection of data and the payment of expenses therefor, including the compensation of engineers, attorneys, and clerical assistants, to conserve water of the subdistrict, are hereby declared to be a matter of general benefit to the public welfare and such that taxes for such purposes may be properly imposed in the opinion of the general assembly.
(5) The limitations in and other provisions of part 3 of article 1 of title 29,
C.R.S., and any other law which by its terms is applicable to the subdistrict and which imposes tax limitations or expenditure limitations thereon, other than the tax limitation in subsection (1) of this section, shall not apply to the subdistrict until the fifth year after the date on which the subdistrict is created or May 31, 1979, whichever date is later.
Source: L. 79: Entire section added, p. 1358, � 6, effective May 31.
C.R.S. § 37-46-149
37-46-149. Cooperative powers. (1) The district and any subdistrict have the power to utilize and may utilize private industry, by contract, to carry out the design, construction, operation, management, manufacturing, marketing, planning, and research and development functions of the district or any subdistrict proceeding under this article, unless the district or subdistrict determines that it is in the public interest to adopt another course of action. The district or subdistrict, or both, may enter into long-term contracts with private persons, not exceeding a term of seventy-five years, without an election, for the performance of any such functions of the district or subdistrict, which, in the opinion of the district or subdistrict, can desirably and conveniently be carried out by a private person under contract; but any such contract shall contain such terms and conditions as shall enable the district or subdistrict to retain reasonable supervision and control of such functions to be carried out or performed by such private persons pursuant to such contract.
(2) Subject to the provisions of section 37-46-133, the district and any
subdistrict have the following powers:
(a) To accept contributions, grants, or loans from the state and the federal
government for the purpose of financing the planning, acquisition, improvement, equipment, maintenance, and operation of any enterprise in which the district or subdistrict, or both, are authorized to engage, and to enter into contracts and cooperate with, and accept cooperation from, the federal government, the state, the subdistrict or the district, respectively, any political subdivision, any private firm, and any other person, or any combination thereof, in the planning, acquisition, improvement, equipment, maintenance, and operation and in financing the planning, acquisition, improvement, equipment, maintenance, and operation of any such enterprise in accordance with any legislation which the general assembly, congress, the governing body of any political subdivision, the board of directors or other governing body of any private firm, any other person, or any combination thereof may have adopted prior to the adoption of this article or may thereafter adopt, under which aid, assistance, and cooperation may be furnished by such cooperating entity or entities or other persons in the planning, acquisition, improvement, equipment, maintenance, and operation or in financing the planning, acquisition, improvement, equipment, maintenance, and operation of any such enterprise, including, without limitation, costs of engineering, architectural, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action preliminary to the acquisition, improvement, or equipment of any facilities, or any part thereof, and to do any and all things necessary in order to avail itself of such aid, assistance, and cooperation under any state, federal, or other legislation;
(b) To enter into, without any election, joint operating or service contracts
and agreements; acquisition, improvement, equipment, or disposal contracts; contracts for the purchase, sale, rental, lease, as lessor or lessee, or exchange of water or the purchase, sale, or exchange of water rights or electricity (or any combination thereof) but not to acquire any electricity for sale by the district or any subdistrict as a public utility either to the public or to any other user (other than any sale to any subdistrict or the district, respectively, or to any water conservancy district located wholly or in part within the Colorado river water conservation district and other than any sale of electricity by the district or any subdistrict thereof at wholesale to any person or governmental entity); or other arrangements, for any term not exceeding seventy-five years, with the federal government, the state, the subdistrict or the district, respectively, any political subdivision, any private firm, or any other person, or any combination thereof, concerning the facilities and any project or property pertaining thereto, whether acquired or undertaken by the district, by the subdistrict, by the federal government, by any political subdivision of this state or any other state, or by any person, and to accept contributions, grants, or loans from the cooperating entity or entities or other persons in connection therewith;
(c) To enter into and perform without any election, when determined by the
board of directors to be in the public interest, contracts and agreements, for any term not exceeding seventy-five years, with the federal government, the subdistrict or the district, respectively, any political subdivision, or any person, or any combination thereof, for the provision and operation by the subdistrict or the district, respectively, of any facilities pertaining to such facilities of the district or subdistrict, as the case may be, any part thereof, or any project relating thereto, and the payment periodically thereby to the district or subdistrict of amounts at least sufficient, if any, in the determination of the board, to compensate the district or subdistrict for the cost of providing, operating, and maintaining such facilities serving the federal government, the subdistrict or the district, respectively, any political subdivision, or such other person, or any combination thereof, or otherwise;
(d) To enter into and perform, without any election, contracts and
agreements, for any term not exceeding seventy-five years, on a public bid basis, a competitive basis, or a negotiated basis, as the board of directors may determine, with the federal government, the subdistrict or the district, respectively, any political subdivision, any private firm, or any other person, or any combination thereof, for or concerning the planning, construction, lease, other acquisition, improvement, equipment, operation, maintenance, lease, other disposal, and financing, or any other combination thereof, of any property pertaining to the facilities of the district or subdistrict or to any project of the district or subdistrict, including, without limitation, any contract or agreement, for any term not exceeding seventy-five years, pertaining to the joint ownership of the facilities as tenants in common thereamong or providing for the exchange of water or electric power for backup water or power, the pooling of resources, or the designation of a manager for any such project or facilities supervised by an engineering and operating committee of co-owners or otherwise supervised, and otherwise to contract with water or power producers or users, or any combination thereof;
(e) To cooperate with and act in conjunction with the federal government or
any of its engineers, officers, boards, commissions, or departments, or with the state or any of its engineers, officers, boards, commissions, or departments, or with any political subdivision or any person in the acquisition, improvement, and equipment of any facilities or any part thereof authorized for the district or subdistrict or for any other works, acts, or purposes provided for in this article and to adopt and carry out any definite plan or system of work for any such purpose;
(f) To cooperate with the federal government, the subdistrict or district,
respectively, any political subdivision, or any person, or any combination thereof, by an agreement therewith by which the district or the subdistrict may:
(I) Acquire and provide, without cost to the cooperating entity or entities, the
land, easements, and rights-of-way necessary for the acquisition, improvement, and equipment of any properties;
(II) Hold the cooperating entity or entities free from and save it or them
harmless from any claim for damages arising from the acquisition, improvement, equipment, maintenance, and operation of any facilities;
(III) Maintain and operate any facilities in accordance with regulations
prescribed by the cooperating entity or entities; and
(IV) Establish and enforce regulations, if any, concerning the facilities which
are satisfactory to the cooperating entity or entities;
(g) To provide, by any contract for any term not exceeding seventy-five
years, or otherwise, without an election:
(I) For the joint use of personnel, equipment, and facilities of the district, the
subdistrict, any political subdivision, or any person, or any combination thereof, including, without limitation, public buildings constructed by or under the supervision of the board of directors, the governing body of the political subdivision, or the board of directors or other governing body of a private firm or other person concerned, upon such terms and agreements and within such areas within the district or subdistrict, or otherwise, as may be determined, for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of the district or subdistrict and any such political subdivision and any other persons of interest, and for water or electric services;
(II) For the joint employment of clerks, stenographers, and other employees
pertaining to the facilities or any project, now existing or hereafter established, upon such terms and conditions as may be determined for the equitable apportionment of the expenses resulting therefrom;
(h) To provide for comprehensive planning and, where possible, coordinate
operations of the district or subdistrict with the subdistrict or district, respectively, any and all such political subdivisions, private firms, and other persons, or any combination thereof, pertaining to water conservation and use and to the generation and use of electricity.
Source: L. 77: Entire section added, p. 1652, � 5, effective June 9. L. 81: (2)(b)
and (2)(d) amended, p. 1765, � 5, effective June 19.
C.R.S. § 37-47-106
37-47-106. Vacancy in office of director. The office of director shall become vacant when any member ceases to reside in the county from which the director was appointed. In the event a vacancy occurs in said office by reason of death, resignation, removal, or otherwise, it shall be filled by the board of county commissioners of the county from which said member originally came. Each director shall take an oath or affirmation in accordance with section 24-12-101. The board of directors of said district shall appoint a secretary and a treasurer. The same individual, at the election of the board, may hold both of said offices. The board shall likewise hire such other employees, including engineers and attorneys, as may be required to properly transact the business of the district, and said board is authorized to provide for the compensation of the secretary and treasurer and other appointees. The treasurer shall be required by the board to give bond with corporate surety in such amount as the board may fix and which it deems sufficient to protect the funds in the hands of the treasurer or under the treasurer's control. Such bond is subject to the approval of the board.
Source: L. 41: p. 868, � 4. CSA: C. 173B, � 59. CRS 53: � 149-9-4. C.R.S. 1963:
� 150-8-4. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 702, � 40, effective August 8.
Cross references: For the legislative declaration in HB 18-1138, see section 1
of chapter 88, Session Laws of Colorado 2018.
C.R.S. § 37-47-109
37-47-109. Assessment and levy by board. (1) (a) As soon as the district has been organized and a board of directors has been appointed and qualified, such board of directors shall have the power and authority to fix the amount of an assessment upon the property within the district not to exceed six-tenths of one mill for every dollar of valuation for assessment therein, as a level or general levy to be used for the purpose of paying the expenses of organization, for surveys and plans, to pay the salary of officers and the per diem allowed to directors and their expenses, and for other incidental expenses which may be incurred in the administration of the affairs of the district. A two-thirds vote of the membership of said board shall be required to fix the amount of said levy.
(b) The amount of assessment on each dollar of valuation for assessment
shall, in accordance with the schedule prescribed by section 39-5-128, C.R.S., be certified to boards of county commissioners of the various counties in which the district is located and by them included in their next annual levy for state and county purposes. Such amount so certified shall be collected for the use of such district in the same manner as are taxes for county purposes, and the revenue laws of the state for the levy and collection of taxes on real estate for county purposes, except as modified in this article, shall be applicable to the levy and collection of the amount certified by the board of directors of said district as aforesaid, including the enforcement of penalties, forfeiture, and sale for delinquent taxes.
(c) All collections made by the county treasurer pursuant to such levy shall
be paid to the treasurer of the conservancy district on or before the tenth day of the next succeeding calendar month. If any items of expense have already been paid in whole or in part from any other sources by the said district, they may be repaid from receipts of such levy. Such levy may be made, although the work proposed or any part thereof may have been found impracticable or for other reasons abandoned. The collection of data and the payment of expenses therefor, including salaries of engineers and attorneys and clerical assistants, to conserve the water of said district and to enable said district to adopt plans for the orderly development of said district are hereby declared to be a matter of general benefit to the public welfare, and such that a tax for said purposes may be properly imposed, in the opinion of the general assembly.
(d) If this subsection (1) or any clause, phrase, or part thereof is held
unconstitutional or invalid by any court of competent jurisdiction, such decision shall not affect the validity or force of any other part of this section or any other part of this article, and the general assembly hereby declares it would have enacted the remainder of this article without this subsection (1).
(2) In lieu of the level or general tax authorized by subsection (1) of this
section, the board may levy special assessments upon all real estate within the district, except such real estate as is exempted in this article, to raise funds to pay expenses of organization, salaries, expenses, and per diem allowances of officers and directors and to prepare a general plan for the maintenance of constant streamflow and adequate water supplies in all the principal tributaries and the main stream of the San Juan and Dolores rivers in said district and provide for future development of the district and ensure water therefor. Such assessments shall be made in proportion to the benefits to each piece of real estate accruing by reason of the adoption of a comprehensive plan of development of the natural resources of the district as a whole. The board of directors, if it deems it advisable at any time before levying special assessments, shall appraise the benefits to the several parcels of real estate within the district which shall result from the organization of said district and the general plans and development. The board may adopt rules for such purpose and provide inter alia for notice and hearing to all persons affected thereby. A permanent record arranged by counties of the benefits which will accrue to each tract of land shall be kept, and such benefits shall be apportioned over a series of years, the amount to be collected each year to be in the discretion of the board; but the amount of such assessment to be levied and assessed against the real property in said district in any one year shall not exceed a total of seven thousand five hundred dollars, and it is hereby declared that the amount of special benefits accruing annually to the real estate in said district is in excess of such amount. All property owned by the state, counties, cities, towns, school districts, or other governmental agencies shall be exempt from taxation or special levies under this article.
(3) Prior to October 15 of each year in which an assessment is made, the
board of directors shall appoint a time and place where it will meet within the district for the purpose of hearing objections to assessments at least thirty days prior to the dates so appointed. Notice of such hearing shall be given by posting a notice thereof at or near the door of the treasurer's office in each county in said district and by publishing said notice in a legal newspaper not less than three consecutive times within a period of thirty days, immediately prior to the hearing. The notice posted in each county shall be sufficient if it pertains to the property subject to assessment in said county only and need not contain the description of or any reference to property situated in other counties also affected by such assessment. Said notice shall contain a description of the real estate so assessed in the county in which said notice is posted and published, the amount of the assessment fixed by the board, and the time and place or places fixed by the board for the hearing of objection to such assessments. It shall not be necessary for the said notice to contain a separate description of the lots or tracts of real estate, but it shall be sufficient if the said notice contains such descriptions as will inform the owner whether or not his real estate is covered by such descriptions, and to inform the owner of the amount of special assessments thereon.
(4) If, in the opinion of any person whose real estate is assessed, his property
has been assessed too high or has been erroneously or illegally assessed, at any time before the date of such hearing, he may file written objections to such assessments, stating the ground of such objections, which statement shall be verified by the affidavit of said person or some other person familiar with the facts. At such hearing the board shall hear evidence and argument offered concerning the correctness or legality of such assessment and may modify or amend the same. Any owner of property desiring to appeal from the finding of the board as to assessments within thirty days from the finding of the board shall file with the clerk of the district court of the county in which the property is situated a written notice making demand for a trial by the court. At the same time, the appellant shall file a bond with good and sufficient security, to be approved by the clerk of said court, in a sum not exceeding two hundred dollars, to the effect that, if the finding of the court is not more favorable to the appellant than the finding of the board, the appellant will pay the costs of the appeal. The appellant shall state definitely from what part of the order the appeal is taken. In case more than one appeal is taken, upon a showing that the appeals may be consolidated without injury to the interests of anyone, the court may consolidate and try the same together.
(5) The court shall not disturb the findings of the board unless the finding of
the board in any case is manifestly disproportionate to the assessments imposed upon other property in the district created under this article. The trial shall be to the court, and the matter shall take precedence before the court and shall be taken up as promptly as may be after the appeal is filed. If no appeal is taken from the finding of the board within the time prescribed in this section, or after the finding of the district court in case an appeal is taken from the finding of the board, then said assessments shall be final and conclusive evidence that said assessments have been made in proportion to the benefits conferred upon each tract of real estate of said district by reason of the general plans of survey, comprehensive plan of development, and the completion of improvements to be constructed under the provisions of this article, and such assessments shall constitute a perpetual lien as provided in this article upon the real estate so assessed until paid.
Source: L. 41: p. 870, � 7. CSA: C. 173B, � 62. CRS 53: � 149-9-7. L. 59: p. 833,
� 1. C.R.S. 1963: � 150-8-7. L. 73: p. 1533, � 1. L. 87: (1)(b) amended, p. 1409, � 10, effective April 22.
Cross references: For publication of legal notices, see part 1 of article 70 of
title 24; for collection of taxes, see article 10 of title 39.
C.R.S. § 37-47-110
37-47-110. Creation of subdistricts. (1) Notwithstanding the organization of the district provided for in this article, public irrigation districts organized under article 4 of chapter 149, CRS 53, and irrigation districts organized under articles 41 and 42 of this title, and any other form or organization designed or intended to acquire, construct, or maintain reservoirs, ditches, and similar works for irrigation or other beneficial purposes under any law of the state of Colorado or of the United States, may be organized to cover and include areas within the southwestern water conservation district and may likewise embrace territory within that district and partly out of the district. Whenever in their opinion such form of organization will help promote the local interests or accomplish improvements for any part of said district, the board of directors may recommend the organization of any such type of organization.
(2) In addition to such forms of organization, whenever in the opinion of the
board of directors of said district it is feasible and necessary that ditches, canals, reservoirs, or other works which benefit only a part of the district should be constructed, a local improvement district or subdivision, or as many of such local improvement districts as may be necessary, may be created. Such local improvement district, when organized under the provisions of this article, shall be designated as Water Users' Association No. .... in the Southwestern Water Conservation District, or as Special Improvement District No. .... in the Southwestern Water Conservation District. Each subdistrict shall be numbered consecutively as created or organized. The board of directors, the engineers, attorneys, secretary, and other officers, agents, and employees of the district, so far as it may be necessary, shall serve in the same capacity for such subdivision or subdistricts. A contract and agreement between the main district and the subdistrict may be made in the same manner as contracts and agreements between two districts.
Source: L. 41: p. 874, � 8. CSA: C. 173B, � 63. CRS 53: � 149-9-8. C.R.S. 1963:
� 150-8-8.
Editor's note: The public irrigation law, article 4 of chapter 149, CRS 53,
referred to in subsection (1) of this section, was repealed, but the provisions of said article 4 were preserved as to all districts formed under that article prior to 1963. (See L. 63, p. 1009.)
C.R.S. § 37-47-149
37-47-149. Cooperative powers. (1) The district and any subdistrict have the power to utilize and may utilize private industry, by contract, to carry out the design, construction, operation, management, manufacturing, marketing, planning, and research and development functions of the district or any subdistrict proceeding under this article, unless the district or subdistrict determines that it is in the public interest to adopt another course of action. The district or subdistrict, or both, may enter into long-term contracts with private persons, not exceeding a term of seventy-five years, without an election, for the performance of any such functions of the district or subdistrict, which, in the opinion of the district or subdistrict, can desirably and conveniently be carried out by a private person under contract; but any such contract shall contain such terms and conditions as shall enable the district or subdistrict to retain reasonable supervision and control of such functions to be carried out or performed by such private persons pursuant to such contract.
(2) Subject to the provisions of section 37-47-133, the district and any
subdistrict have the following powers:
(a) To accept contributions, grants, or loans from the state and the federal
government for the purpose of financing the planning, acquisition, improvement, equipment, maintenance, and operation of any enterprise in which the district or subdistrict, or both, are authorized to engage, and to enter into contracts and cooperate with, and accept cooperation from, the federal government, the state, the subdistrict or the district, respectively, any political subdivision, any private firm, and any other person, or any combination thereof, in the planning, acquisition, improvement, equipment, maintenance, and operation and in financing the planning, acquisition, improvement, equipment, maintenance, and operation of any such enterprise in accordance with any legislation which the general assembly, congress, the governing body of any political subdivision, the board of directors or other governing body of any private firm, any other person, or any combination thereof may have adopted prior to the adoption of this article or may thereafter adopt, under which aid, assistance, and cooperation may be furnished by such cooperating entity or entities or other persons in the planning, acquisition, improvement, equipment, maintenance, and operation or in financing the planning, acquisition, improvement, equipment, maintenance, and operation of any such enterprise, including, without limitation, costs of engineering, architectural, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action preliminary to the acquisition, improvement, or equipment of any facilities, or any part thereof, and to do any and all things necessary in order to avail itself of such aid, assistance, and cooperation under any state, federal, or other legislation;
(b) To enter into, without any election, joint operating or service contracts
and agreements; acquisition, improvement, equipment, or disposal contracts; or other arrangements for any term not exceeding seventy-five years, with the federal government, the state, the subdistrict or the district, respectively, any political subdivision, any private firm, or any other person, or any combination thereof, concerning the facilities, and any project or property pertaining thereto, whether acquired or undertaken by the district, by the subdistrict, by the federal government, by any political subdivision of this state or any other state, or by any person; and to accept contributions, grants, or loans from the cooperating entity or entities or other persons in connection therewith;
(c) To enter into and perform without any election, when determined by the
board of directors to be in the public interest, contracts and agreements, for any term not exceeding seventy-five years, with the federal government, the subdistrict or the district, respectively, any political subdivision, or any person, or any combination thereof, for the provision and operation by the subdistrict or the district, respectively, of any facilities pertaining to such facilities of the district or subdistrict, as the case may be, any part thereof, or any project relating thereto, and the payment periodically thereby to the district or subdistrict of amounts at least sufficient, if any, in the determination of the board, to compensate the district or subdistrict for the cost of providing, operating, and maintaining such facilities serving the federal government, the subdistrict or the district, respectively, any political subdivision, or such other person, or any combination thereof, or otherwise;
(d) To enter into and perform, without any election, contracts and
agreements, on a public bid basis, a competitive basis, or a negotiated basis, as the board of directors may determine, with the federal government, the subdistrict or the district, respectively, any political subdivision, any private firm, or any other person, or any combination thereof, for or concerning the planning, construction, lease, other acquisition, improvement, equipment, operation, maintenance, disposal, and financing of any property pertaining to the facilities of the district or subdistrict or to any project of the district or subdistrict, including, without limitation, any contract or agreement for any term not exceeding seventy-five years, pertaining to the joint ownership of the facilities as tenants in common thereamong, providing for the exchange of water or electric power, for backup water or power, pooling of resources, the designation of a manager for any such project or facilities supervised by an engineering and operating committee of co-owners, or otherwise supervised; and otherwise to contract with water or power producers or users, or both;
(e) To cooperate with and act in conjunction with the federal government or
any of its engineers, officers, boards, commissions, or departments, or with the state or any of its engineers, officers, boards, commissions, or departments, or with any political subdivision or any person in the acquisition, improvement, and equipment of any facilities or any part thereof authorized for the district or subdistrict or for any other works, acts, or purposes provided for in this article and to adopt and carry out any definite plan or system of work for any such purpose;
(f) To cooperate with the federal government, the subdistrict or district,
respectively, any political subdivision, or any person, or any combination thereof, by an agreement therewith by which the district or the subdistrict may:
(I) Acquire and provide, without cost to the cooperating entity or entities, the
land, easements, and rights-of-way necessary for the acquisition, improvement, and equipment of any properties;
(II) Hold the cooperating entity or entities free from and save it or them
harmless from any claim for damages arising from the acquisition, improvement, equipment, maintenance, and operation of any facilities;
(III) Maintain and operate any facilities in accordance with regulations
prescribed by the cooperating entity or entities; and
(IV) Establish and enforce regulations, if any, concerning the facilities which
are satisfactory to the cooperating entity or entities;
(g) To provide, by any contract for any term not exceeding seventy-five
years, or otherwise, without an election:
(I) For the joint use of personnel, equipment, and facilities of the district, the
subdistrict, any political subdivision, or any person, or any combination thereof, including, without limitation, public buildings constructed by or under the supervision of the board of directors, the governing body of the political subdivision, or the board of directors or other governing body of a private firm or other person concerned, upon such terms and agreements and within such areas within the district or subdistrict, or otherwise, as may be determined, for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of the district or subdistrict and any such political subdivision and any other persons of interest, and for water or electric services;
(II) For the joint employment of clerks, stenographers, and other employees
pertaining to the facilities or any project, now existing or hereafter established, upon such terms and conditions as may be determined for the equitable apportionment of the expenses resulting therefrom;
(h) To provide for comprehensive planning and, where possible, coordinate
operations of the district or subdistrict with the subdistrict or district, respectively, any and all such political subdivisions, private firms, and other persons, or any combination thereof, pertaining to water conservation and use and to the generation and use of electricity.
Source: L. 77: Entire section added, p. 1669, � 10, effective June 9.
C.R.S. § 37-48-104
37-48-104. Employees. The board of directors of said district shall appoint a secretary and a treasurer. The same individual at the election of the board may hold both offices. The board shall likewise hire such other employees, including engineers and attorneys, as may be required to properly transact the business of the district, and said board is authorized to provide for the compensation of the secretary and treasurer and other appointees. The treasurer shall be required by the board to give bond with corporate surety in such amount as the board may fix and which it deems sufficient to protect the funds in the hands of the treasurer or under his control. Such bond is subject to the approval of the board.
Source: L. 67: p. 665, � 1. C.R.S. 1963: � 150-10-4.
C.R.S. § 37-48-107
37-48-107. Assessment and levy by board. (1) The board of directors has the power to fix the amount of an assessment upon the property within the district not to exceed two and one-half mills for every dollar of valuation for assessment therein, as a level or general levy to be used for the purpose of paying the expenses of organization, for surveys and plans, to pay the salary of officers, and the per diem allowed to directors and their expenses, for expenses which may be incurred in the administration of the affairs of the district, and for all other lawful purposes of the district including capital construction.
(2) The amount of assessment on each dollar of valuation for assessment
shall, in accordance with the schedule prescribed by section 39-5-128, C.R.S., be certified to boards of county commissioners of the various counties in which the district is located and by them included in their next annual levy for state and county purposes. Such amount so certified shall be collected for the use of such district in the same manner as are taxes for county purposes, and the revenue laws of the state for the levy and collection of taxes on real estate for county purposes, except as modified in this article, shall be applicable to the levy and collection of the amount certified by the board of directors of said district as aforesaid, including the enforcement of penalties, forfeiture, and sale for delinquent taxes.
(3) All collections made by the county treasurer pursuant to such levy shall
be paid to the treasurer of the conservancy district on or before the tenth day of the next succeeding calendar month. If any items of expense have already been paid in whole or in part from any other sources by said district, they may be repaid from receipts of such levy. Such levy may be made, although the work proposed, or any part thereof, may have been found impracticable, or for other reasons abandoned. The collection of data and the payment of expenses therefor, including salaries of engineers, attorneys, and others, to conserve the water of said district and to enable said district to adopt plans for the orderly development of said district are hereby declared to be a matter of general benefit to the public welfare, and such that a tax for said purposes may be properly imposed, in the opinion of the general assembly.
(4) If any provision of this section is held unconstitutional or invalid by any
court of competent jurisdiction, such decision shall not affect the validity or force of any other part of this section, or any other part of this article, and the general assembly hereby declares it would have enacted the remainder of this article without this section.
Source: L. 67: p. 666, � 1. C.R.S. 1963: � 150-10-7. L. 69: p. 1237, � 3. L. 83: (1)
amended, p. 1397, � 1, effective March 22. L. 87: (2) amended, p. 1409, � 11, effective April 22.
C.R.S. § 37-48-108
37-48-108. Creation of subdistricts. (1) Notwithstanding the organization of the district provided for in this article, irrigation and internal improvement districts organized under articles 41, 42, 44, and 45 of this title and any other form of organization designed or intended to acquire, construct, or maintain reservoirs, ditches, and similar works for irrigation or other beneficial purposes under any law of the state of Colorado or of the United States may be organized to cover and include areas within the Rio Grande water conservation district and may likewise embrace territory within that district and partly out of the district. Whenever, in its opinion, such form of organization will help promote the local interests or accomplish improvements for any part of said district, the board of directors may recommend the organization of any such type of organization. The creation of the Rio Grande water conservation district shall not affect the existence of public irrigation districts heretofore created under article 4 of chapter 149, CRS 53, or water conservancy districts heretofore created pursuant to article 45 of this title.
(2) In addition to such forms of organization, whenever in the opinion of the
board of directors of said district it is feasible and necessary that water rights, ditches, canals, reservoirs, wells, or other works which benefit only a part of the district should be acquired or constructed or that a plan of augmentation or plan of water management, or any combination of the foregoing, involving only a part of the district should be developed and put into effect, a local improvement district or subdivision or as many of such local improvement districts as may be necessary may be created. Such local improvement district, when organized under the provisions of this article, shall be designated as Water Users' Association No. .... in the Rio Grande Water Conservation District or as Special Improvement District No. .... in the Rio Grande Water Conservation District. Each subdistrict shall be numbered consecutively as created or organized.
(3) Subdistricts shall be created and managed as provided in sections 37-48-123 to 37-48-193. Except as otherwise provided in said sections, the board of
directors and the engineers, attorneys, secretary, and other officers, agents, and employees of the district, so far as it may be necessary, may serve in the same capacity for such subdivision or subdistricts. A contract and agreement between the main district and a subdistrict, between subdistricts, between a subdistrict and a municipal water supplier, and between a subdistrict and an agency of the state of Colorado or the United States, may be made in the same manner as contracts and agreements between two districts.
(4) Repealed.
Source: L. 67: p. 667, � 1. C.R.S. 1963: � 150-10-8. L. 75: Entire section R&RE,
p. 1369, � 2, effective July 18. L. 77: (3) amended, p. 1672, � 13, effective June 9. L. 2007: (3) and (4) amended, p. 1272, � 3, effective May 25. L. 2025: (4) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.
Editor's note: (1) The public irrigation law, article 4 of chapter 149, CRS 53,
referred to in subsection (1) of this section, was repealed, but the provisions of said article 4 were preserved as to all districts formed under that article prior to 1963. (See L. 63, p. 1009.)
(2) Subsection (4) was relocated to � 37-48-101.3 (3) in 2025.
C.R.S. § 37-48-126
37-48-126. Official plan for subdistrict. (1) Upon organization of such subdistrict, the board of directors of said district, acting as the board of directors of said subdistrict, is authorized and required to prepare and adopt as the official plans for said subdistrict a comprehensive detailed plan, setting forth any plan of water management for the subdistrict, any improvements or works, including all canals, reservoirs, and ditches whether within or without the district to be constructed or used for the subdistrict, and the manner of utilization of the same in any plan of augmentation or plan of water management, together with the estimated cost of each principal part of said plan or plans, system, or works and the estimated cost of maintenance and operation thereof.
(2) Where a board of managers for the subdistrict is authorized by the
petition and decree establishing the subdistrict, the preparation of the official plans for the subdistrict shall be carried out by the board of managers. Such official plans shall be submitted to and approved by the board of directors of the district before the holding of the public hearing thereon required by subsection (3) of this section. If the official plan approved by the board of directors includes a groundwater management plan within the meaning of section 37-92-501 (4)(c), the board of directors shall obtain the state engineer's approval of the groundwater management plan in accordance with section 37-92-501 (4)(c) before holding the public hearing required by subsection (3) of this section.
(3) (a) Upon the completion of such official plan, the board of directors shall
cause notice thereof to be given by publication in each county in which said district may be located, in whole or in part, and shall permit the inspection thereof at the office of the district by all persons interested. Said notice shall fix the time and place for the hearing of all objections to said plan not less than twenty days or more than thirty days after the last publication of said notice. All objections to said plan shall be in writing and filed with the manager or secretary of the district at its office prior to the date established for the hearing. After said hearing before the board of directors, the board shall consult with the board of managers, if any, and shall adopt the plan as the official plan of the said subdistrict; adopt the plan with changes in which the board of managers, if any, concurs; or disapprove the plan, in which case the board of managers, if any, shall proceed as set forth in this section to prepare another plan.
(b) If any person objects to the official plan adopted pursuant to paragraph
(a) of this subsection (3), such person may, within ten days after the adoption of said official plan, file in the office of the clerk of the court in the original case establishing the district his or her objections in writing, specifying the features of the plan to which objection is made, and, thereupon, the court shall fix a day for the hearing thereof before the court, at which time the court shall hear said objections and adopt, reject, or refer back the plan to the board of directors. If the official plan includes a groundwater management plan, the court may consolidate the hearing on objections to the official plan with any hearing on the groundwater management plan required by section 37-92-501 (4)(c).
(c) If the official plan includes a plan for augmentation, all issues concerning
the adequacy of such plan under the applicable provisions of article 92 of this title shall be adjudicated pursuant to the procedures specified in said article.
(4) If the court should reject the plan, the board or the board of managers, as
the case may be, shall proceed as in the first instance under this section to prepare another plan. If the court should refer the plan back to the board for amendment, the court shall continue the hearing to a day certain without publication of notice. If the court approves the plan as the official plan of the district, a certified copy of the order of the court approving the plan shall be filed with the secretary of the district and incorporated into the records of the district. The official plan may be altered in detail as necessary from time to time but may not be altered in substance without notice and hearing as required in subsection (3) of this section, nor may the plan be altered in substance after the sale of bonds or warrants to finance the construction and development of the plan without notice to the holders of the bonds or warrants and opportunity for them to be heard, and in no event shall the plan be altered, except within the objects and purposes of the subdistrict as set forth in the petition to organize the same.
Source: L. 75: Entire section added, p. 1376, � 7, effective July 18. L. 2007:
Entire section amended, p. 1274, � 7, effective May 25.
C.R.S. § 37-48-127
37-48-127. Execution of plans. The board of directors has full authority to devise, prepare for, execute, maintain, and operate all works or improvements necessary or desirable to complete, maintain, operate, and protect the works provided for by the official plan and to that end may employ and secure men and equipment under the supervision of the chief engineer or other agents or may in its discretion let contracts for such works, either as a whole or in parts.
Source: L. 75: Entire section added, p. 1377, � 7, effective July 18.
C.R.S. § 37-48-128
37-48-128. Contracts. When it is determined to let the work by contract, contracts in amounts in excess of ten thousand dollars shall be advertised after notice by publication calling for bids, and the board may reject any or all bids or may let the contract to the lowest responsible bidder who gives a good and approved bond with ample security, conditioned on the carrying out of the contract. Such contract shall be in writing and shall be accompanied by or shall refer to plans and specifications for the work to be done prepared by the chief engineer. Said contract shall be approved by the board of directors and signed by the president of the district and by the contractor and shall be executed in duplicate; but, in case of sudden emergency when it is necessary in order to protect the district, the advertising of contracts may be waived upon the unanimous consent of the board of directors; but the provisions of this section shall not apply if it is determined by the board of directors that the work be done on force account.
Source: L. 75: Entire section added, p. 1378, � 7, effective July 18. L. 2007:
Entire section amended, p. 1276, � 8, effective May 25.
C.R.S. § 37-48-129
37-48-129. Surveys and examinations. The board of directors also has the right to establish and maintain stream gauges, rain gauges, and a flood warning service with telephone or telegraph lines or telephone or telegraph service, and it may make such surveys and examinations of rainfall and flood conditions, streamflow, and other scientific and engineering subjects as are necessary and proper for the purposes of the district and may issue reports thereon.
Source: L. 75: Entire section added, p. 1378, � 7, effective July 18.
C.R.S. § 37-48-135
37-48-135. Retention of personnel. If the subdistrict has a board of managers and if it is so provided in the petition or in the rules and regulations of the subdistrict, the board of managers may retain engineers, attorneys, and management and other personnel separate and apart from those employed by the district.
Source: L. 75: Entire section added, p. 1379, � 7, effective July 18.
C.R.S. § 37-48-137
37-48-137. Appraisals. (1) During the preparation of an official plan that utilizes special improvement bonds for financing, the board of appraisers shall examine and become acquainted with the nature of the plans for the improvement of the lands and other property affected thereby in order that they may be better prepared to make appraisals for the special improvement bonds.
(2) When the official plan utilizing special improvement bonds is adopted by
the district, the secretary of the district shall at once notify the appraisers, and they shall thereupon proceed to appraise the benefits of every kind to all land and property within the subdistrict that will result from the special improvements to be financed by the special improvement bonds in the official plan. The appraisers shall also appraise the damages sustained and the value of the land and other property necessary to be acquired by the district in carrying out the official plan. In the progress of their work, the appraisers shall have the assistance of the attorney, engineers, secretary, and other agents and employees of the district or subdistrict.
Source: L. 75: Entire section added, p. 1380, � 7, effective July 18. L. 2007:
Entire section amended, p. 1276, � 9, effective May 25.
C.R.S. § 37-48-191
37-48-191. Cooperative powers. (1) The district and any subdistrict have the power to utilize and may utilize private industry, by contract, to carry out the design, construction, operation, management, manufacturing, marketing, planning, and research and development functions of the district or any subdistrict proceeding under this article, unless the district or subdistrict determines that it is in the public interest to adopt another course of action. The district or subdistrict, or both, may enter into long-term contracts with private persons, not exceeding a term of seventy-five years, without an election, for the performance of any such functions of the district or subdistrict, which, in the opinion of the district or subdistrict, can desirably and conveniently be carried out by a private person under contract; but any such contract shall contain such terms and conditions as shall enable the district or subdistrict to retain reasonable supervision and control of such functions to be carried out or performed by such private persons pursuant to such contract.
(2) Subject to the provisions of section 37-48-175, the district and any
subdistrict have the following powers:
(a) To accept contributions, grants, or loans from the state and the federal
government for the purpose of financing the planning, acquisition, improvement, equipment, maintenance, and operation of any enterprise in which the district or subdistrict, or both, are authorized to engage, and to enter into contracts and cooperate with, and accept cooperation from, the federal government, the state, the subdistrict or the district, respectively, any political subdivision, any private firm, and any other person, or any combination thereof, in the planning, acquisition, improvement, equipment, maintenance, and operation, and in financing the planning, acquisition, improvement, equipment, maintenance, and operation of any such enterprise in accordance with any legislation which the general assembly, congress, the governing body of any political subdivision, the board of directors or other governing body of any private firm, any other person, or any combination thereof may have adopted prior to the adoption of this article or may thereafter adopt, under which aid, assistance, and cooperation may be furnished by such cooperating entity or entities or other persons in the planning, acquisition, improvement, equipment, maintenance, and operation, or in financing the planning, acquisition, improvement, equipment, maintenance, and operation of any such enterprise, including, without limitation, costs of engineering, architectural, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action preliminary to the acquisition, improvement, or equipment of any facilities, or any part thereof, and to do any and all things necessary in order to avail itself of such aid, assistance, and cooperation under any state, federal, or other legislation;
(b) To enter into, without any election, joint operating or service contracts
and agreements; acquisition, improvement, equipment, or disposal contracts; or other arrangements for any term not exceeding seventy-five years, with the federal government, the state, the subdistrict or the district, respectively, any political subdivision, any private firm, or any other person, or any combination thereof, concerning the facilities, and any project or property pertaining thereto, whether acquired or undertaken by the district, by the subdistrict, by the federal government, by this state, by any political subdivision of this state or any other state, or by any person; and to accept contributions, grants, or loans from the cooperating entity or entities or other persons in connection therewith;
(c) To enter into and perform without any election, when determined by the
board of directors to be in the public interest, contracts and agreements, for any term not exceeding seventy-five years, with the federal government, the subdistrict or the district, respectively, the state, any political subdivision, or any person, or any combination thereof, for the provision and operation by the subdistrict or the district, respectively, of any facilities pertaining to such facilities of the district or subdistrict, as the case may be, any part thereof, or any project relating thereto, and the payment periodically thereby to the district or subdistrict of amounts at least sufficient, if any, in the determination of the board, to compensate the district or subdistrict for the cost of providing, operating, and maintaining such facilities serving the federal government, the subdistrict or the district, respectively, the state, any political subdivision, or such other person, or any combination thereof, or otherwise;
(d) To enter into and perform, without any election, contracts and
agreements, on a public bid basis, a competitive basis, or a negotiated basis, as the board of directors may determine, with the federal government, the subdistrict or the district, respectively, the state, any political subdivision, any private firm, or any other person, or any combination thereof, for or concerning the planning, construction, lease, other acquisition, improvement, equipment, operation, maintenance, disposal, and financing of any property pertaining to the facilities of the district or subdistrict or to any project of the district or subdistrict, including, without limitation, any contract or agreement for any term not exceeding seventy-five years, pertaining to the joint ownership of the facilities as tenants in common thereamong, providing for the exchange of water or electric power, for backup water or power, pooling of resources, the designation of a manager for any such project or facilities supervised by an engineering and operating committee of co-owners, or otherwise supervised; and otherwise to contract with water or power producers or users, or both;
(e) To cooperate with and act in conjunction with the federal government or
any of its engineers, officers, boards, commissions, or departments, or with the state or any of its engineers, officers, boards, commissions, or departments, or with any political subdivision or any person in the acquisition, improvement, and equipment of any facilities or any part thereof authorized for the district or subdistrict or for any other works, acts, or purposes provided for in this article and to adopt and carry out any definite plan or system of work for any such purpose;
(f) To cooperate with the federal government, the subdistrict or district,
respectively, the state, any political subdivision, or any person, or any combination thereof, by an agreement therewith by which the district or the subdistrict may:
(I) Acquire and provide, without cost to the cooperating entity or entities, the
land, easements, and rights-of-way necessary for the acquisition, improvement, and equipment of any properties;
(II) Hold the cooperating entity or entities free from and save it or them
harmless from any claim for damages arising from the acquisition, improvement, equipment, maintenance, and operation of any facilities;
(III) Maintain and operate any facilities in accordance with regulations
prescribed by the cooperating entity or entities; and
(IV) Establish and enforce regulations, if any, concerning the facilities which
are satisfactory to the cooperating entity or entities;
(g) To provide, by any contract for any term not exceeding seventy-five
years, or otherwise, without an election:
(I) For the joint use of personnel, equipment, and facilities of the district, the
subdistrict, the state, any political subdivision, or any person, or any combination thereof, including, without limitation, public buildings constructed by or under the supervision of the board of directors, the state, the governing body of the political subdivision, or the board of directors or other governing body of a private firm or other person concerned, upon such terms and agreements and within such areas within the district or subdistrict, or otherwise, as may be determined, for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of the district or subdistrict and any such political subdivision and any other persons of interest, and for water or electric services;
(II) For the joint employment of clerks, stenographers, and other employees
pertaining to the facilities or any project, now existing or hereafter established, upon such terms and conditions as may be determined for the equitable apportionment of the expenses resulting therefrom;
(h) To provide for comprehensive planning and, where possible, coordinate
operations of the district or subdistrict with the subdistrict or district, respectively, any and all such political subdivisions, private firms, and other persons, or any combination thereof, pertaining to water conservation and use and to the generation and use of electricity.
Source: L. 77: Entire section added, p. 1686, � 16, effective June 9.
C.R.S. § 37-50-102
37-50-102. Definitions. As used in this article, unless the context otherwise requires:
(1) Board means the board of directors of the Republican river water
conservation district created pursuant to section 37-50-104.
(2) District means the Republican river water conservation district created
pursuant to this article.
(3) Person means a person, firm, partnership, association, or corporation.
(4) Property, as used in sections 37-50-109 and 37-50-111, includes both
real and personal property. In other parts of this article relating to special assessments, unless otherwise specified, property means real estate as defined in section 2-4-401 (5), C.R.S., and includes all railroads; tramroads; electric railroads; state and interurban railroads; highways; telephone, telegraph, and transmission lines; water systems, water rights, pipelines, and rights-of-way of public service corporations; and all other real property, whether held for public or private use.
(5) Republican river basin means that area shown upon the map titled:
Boundaries of the Republican River Basin and Republican River Water Conservation District. The map shall be kept on file in the office of the state engineer, the Colorado ground water commission, and the district and shall be available for public inspection.
(6) Republican river compact means the compact entered into between the
states of Colorado, Kansas, and Nebraska and approved by the United States congress as codified in article 67 of this title and as further defined by the final settlement stipulation dated December 15, 2002, and filed in Kansas v. Colorado and Nebraska, No. 126 Original.
Source: L. 2004: Entire article added, p. 1905, � 1, effective August 4.
C.R.S. § 37-50-106
37-50-106. Employees. The board shall appoint a secretary and a treasurer. The same individual may, at the election of the board, hold both offices. The board shall likewise hire such other employees, including engineers and attorneys, as may be required to properly transact the business of the district, and is authorized to provide for the compensation of the secretary and treasurer and other appointees. The treasurer shall be required by the board to give bond with a corporate surety in such amount as the board may fix and that it deems sufficient to protect the funds in the hands of the treasurer or under the treasurer's control. Such bond is subject to the approval of the board.
Source: L. 2004: Entire article added, p. 1908, � 1, effective August 4.
C.R.S. § 37-50-107
37-50-107. General powers. (1) The district is formed for the purpose of cooperating with and assisting this state to carry out its duty to comply with the limitations and duties imposed upon the state by the Republican river compact, and, in furtherance of that purpose and in its corporate capacity, the district shall have power to:
(a) Sue and be sued in the name of the Republican river water conservation
district and otherwise to participate in litigation;
(b) Acquire, operate, and hold in the name of the district such real and
personal property as may be necessary to carry out the provisions of this article and sell and convey such property or its products as provided in this article or when the property is no longer needed for the purposes of the district;
(c) Borrow money and incur indebtedness and issue bonds or other evidence
of such indebtedness;
(d) Accept gifts, grants, or donations of personal or real property or moneys;
(e) Make surveys and conduct investigations to determine the best manner
of utilizing streamflows within the district and the amount of such streamflow or other water supply, including groundwater; locate ditches, irrigation works, wells, pipelines, and reservoirs to store or utilize water for compact compliance purposes; make filings upon such water; initiate appropriations for compact compliance purposes; and do and perform all acts and things necessary or advisable to protect existing beneficial uses of water within the district through compliance with the Republican river compact;
(f) Make contracts with respect to the relative rights of the district under its
claims and filings and the rights of any other person seeking to divert water from any of the streams within the district;
(g) Contract with any agencies, officers, bureaus, and departments of this
state and the United States, including the department of corrections, to obtain services or labor for the initiation or construction of irrigation works, canals, reservoirs, wells, pipelines, or retaining ponds within the district;
(h) Enter upon privately owned land or other real property for the purpose of
making surveys or obtaining other information, without obtaining an order to do so, if the same can be done without damage to the lands, crops, or improvements thereon;
(i) Enter into contracts, agreements, or other arrangements with the United
States government or any department thereof; with persons, railroads, or other entities; with public corporations; with the state government or a political subdivision of this or other states; with irrigation, drainage, conservation, conservancy, or other improvement districts in this or other states; with ground water management districts; or with the ground water commission for cooperation or assistance in constructing, maintaining, using, and operating the works of the district, for making surveys and investigations or related reports, or for any other purpose authorized by this article. The district may purchase, lease, or acquire land or other property in adjoining states in order to secure outlets or for other purposes of the district and may enter into contracts and spend money for securing such outlets or other works in adjoining states.
(j) Have and exercise the power of eminent domain to acquire ditches,
reservoirs, or other works, lands, or rights-of-way therefor that the district may need to carry out the plans of the district and in general to exercise any and all rights and powers of eminent domain conferred upon other agencies, as provided in articles 1 to 7 of title 38, C.R.S.;
(k) Establish a water enterprise pursuant to article 45.1 of this title;
(l) Make loans or grants to any public entity, nonprofit corporation, not-for-profit corporation, carrier ditch company, mutual ditch or reservoir company,
unincorporated ditch or reservoir company, or cooperative association within the boundaries of the district to carry out the purposes of the district;
(m) Impose a use fee on the diversion of water within the district or establish
an annual levy for the use of water;
(n) Establish a nonprofit or charitable land trust;
(o) Purchase, rent, lease, and accept donations of, or cooperate in the
creation of, conservation easements;
(p) Cooperate in the creation of conservation reserve programs and other
similar programs;
(q) Exercise such implied powers and perform such other acts as may be
necessary to carry out and effect any of the express powers hereby conferred upon such district as set forth in this article.
(2) The district, in its own name, may issue revenue bonds to finance, in
whole or in part, the construction of works, reservoirs, wells, pipelines, or other improvements for the beneficial use of water for the purposes for which it has been or may be appropriated and to further the purposes of the district, whether or not the interest on such bonds may be subject to taxation. Such revenue bonds shall be issued in such denominations and with such maximum net effective interest rate as may be fixed by the board and shall bear interest such that the net effective interest rate of the bonds does not exceed the maximum net effective interest rate authorized. The board shall pledge only rental proceeds, service charges, and other income, or any combination thereof, from such works or other improvements, and the district shall not be otherwise obligated for the payment thereof. At the time such revenue bonds are issued, the board shall make and enter in the minutes of the proceeding a resolution in which are set forth the due dates of such revenue bonds, the rates of interest thereon, the general provisions of the bonds, and a statement that the same are payable only out of rental proceeds, service charges, and other income, or any combination thereof. In addition, the board shall require the payment of rental charges, service charges, or other charges by the political subdivisions or persons who are to use or derive benefits from the water or other services furnished by such works or improvements. Such charges shall be sufficient to pay operation and maintenance expenses thereof, to meet the bond payments, and to accumulate and maintain reserve and replacement accounts pertaining thereto as set forth in such resolution. Such resolution shall be irrepealable during the time that any of the revenue bonds are outstanding and unpaid. The revenue bonds shall be signed Republican River Water Conservation District, By ...................., president. Attest ...................., secretary, and they shall be countersigned by the treasurer.
(3) The district is authorized and required to prepare and adopt as the official
plan for the district a comprehensive, detailed plan showing the nature of the improvements or works, including all canals, reservoirs, ditches, wells, and pipelines, whether within or without the district, and the estimated cost of each principal part of such system or works.
(4) The board has full authority to devise, prepare for, execute, maintain, and
operate all works or improvements necessary or desirable to complete, maintain, operate, and protect the works provided for by the official plan, and to that end may employ and secure persons and equipment under the supervision of the chief engineer or other agents or may enter into contracts for such works, either as a whole or in parts.
Source: L. 2004: Entire article added, p. 1908, � 1, effective August 4.
C.R.S. § 37-50-109
37-50-109. Authority of the board to levy taxes. (1) In addition to other means of providing revenue for the district, the board has the power to fix the amount of an assessment upon the property within the district, as a level or general levy to be used for the purpose of paying the expenses of organization, for surveys and plans, to pay the salary of officers for, the per diem allowed to directors and their expenses, for expenses that may be incurred in the administration of the affairs of the district, and for all other lawful purposes of the district including capital construction.
(2) The amount of assessment on each dollar of valuation for assessment
shall, in accordance with the schedule prescribed by section 39-5-128, C.R.S., be certified to boards of county commissioners of the various counties in which the district is located and by them included in their next annual levy for state and county purposes. Such amount so certified shall be collected for the use of such district in the same manner as are taxes for county purposes, and the revenue laws of the state for the levy and collection of taxes on real estate for county purposes, except as modified in this article, shall be applicable to the levy and collection of the amount certified by the board as provided in this section, including the enforcement of penalties, forfeiture, and sale for delinquent taxes.
(3) All collections made by the county treasurer pursuant to such levy shall
be paid to the treasurer of the district on or before the tenth day of the next succeeding calendar month. Items of expense that have already been paid in whole or in part from any other sources by the district may be repaid from receipts of such levy. Such levy may be made regardless of whether the work proposed, or any part thereof, may have been found impracticable or for other reasons abandoned. The collection of data and the payment of expenses therefor, including salaries of engineers, attorneys, and others, to assist this state to carry out its duty to comply with limitations and duties imposed upon the state by the Republican river compact, is hereby declared to be a matter of general benefit to the public welfare, such that a tax for such purposes may be properly imposed.
Source: L. 2004: Entire article added, p. 1911, � 1, effective August 4.
C.R.S. § 37-6-103
37-6-103. Subdistricts. (1) Whenever it is desired to construct improvements wholly within or partly within and partly without any district organized under articles 1 to 8 of this title, which improvements will affect only a part of said district, for the purpose of accomplishing such work, subdistricts may be organized upon petition of the owners of real property, within or partly within and partly without the district, which petition shall fulfill the same requirements concerning the subdistricts as the petition outlined in section 37-2-102 is required to fulfill concerning the organization of the main district and shall be filed with the clerk of the district court and shall be accompanied by a bond as provided for in section 37-2-103. All proceedings relating to the organization of such subdistricts shall conform in all things to the provisions of said articles relating to the organization of districts. Whenever the court by its order duly entered of record declares and decrees the subdistricts to be organized, the clerk of said court shall thereupon give notice of such order to the directors of the district, who shall thereupon act also as directors of the subdistrict. Thereafter, the proceedings in reference to the subdistrict shall in all matters conform to the provisions of said articles; except that, in the appraisal of benefits and damages for the purposes of such subdistricts, in the issuance of bonds, in the levying of assessments, and in all other matters affecting only the subdistrict, the provisions of said articles shall apply to the subdistrict as though it were an independent district, and it shall not, in these things, be amalgamated with the main district.
(2) The board of directors, board of appraisers, chief engineer, attorney,
secretary, and other officers, agents, and employees of the district shall, insofar as it may be necessary, serve in the same capacities for such subdistrict, and contracts and agreements between the main district and subdistrict may be made in the same manner as contracts and agreements between two districts. The distribution of administration expense between the main district and subdistrict shall be in proportion to the interests involved and the amount of service rendered, such division to be made by the board of directors with the right of appeal to the court establishing the district. This section shall not be held to prevent the organization of independent districts for local improvements under other laws within the limits of a district organized under articles 1 to 8 of this title.
Source: L. 22: p. 67, � 61. C.L. � 9575. CSA: C. 138, � 186. CRS 53: � 30-6-3.
C.R.S. 1963: � 29-6-3.
C.R.S. § 37-60-104
37-60-104. Composition of the board - public engagement - reports. (1) The board consists of fifteen members as follows:
(a) The executive director of the department of natural resources, who is a
voting member ex officio;
(b) The attorney general, who is a nonvoting member ex officio;
(c) The state engineer, who is a nonvoting member ex officio;
(d) The director of the division of parks and wildlife, who is a nonvoting
member ex officio;
(e) The commissioner of agriculture or the commissioner's designee, who is a
nonvoting member ex officio;
(f) The director of the board, who is a nonvoting member ex officio; and
(g) Nine members who are qualified electors of the state, well versed in
water matters, and appointed by the governor, with the consent of the senate, for terms of three years. To the extent possible, appointments to the board must include persons representing the following areas of experience and expertise: Water resource management; water project financing; engineering, planning, and development of water projects; water law; and irrigated farming or ranching. The nine appointed members are chosen geographically as follows:
(I) Four from the western slope as follows:
(A) One from the Yampa-White drainage basin;
(B) One from the main Colorado drainage basin;
(C) One from the Gunnison-Uncompahgre drainage basin; and
(D) One from the San Miguel-Dolores-San Juan drainage basins;
(II) Five from the eastern slope as follows:
(A) One from the Rio Grande drainage basin;
(B) One from the North Platte drainage basin;
(C) One from the Arkansas drainage basin;
(D) One from the South Platte drainage basin outside of the city and county
of Denver; and
(E) One from the city and county of Denver and intimately familiar with its
water problems.
(2) No more than five appointees to the board may be affiliated with the
same political party.
(3) Appointed members of the board must be residents of the geographic
area they represent.
(4) Members of the board may not vote by proxy. Pursuant to section 1 of
article XII of the state constitution, unless removed according to law, members of the board shall exercise the duties of their office until a successor is duly appointed, qualified, and confirmed. Pursuant to section 6 (1) of article IV of the state constitution, no person appointed by the governor pursuant to this section to a vacancy occurring while the senate is in session may take office until confirmed by the senate. The appointments shall be made in such a manner that the terms of three members shall expire on February 12 of each year. In case any vacancy occurs in the appointed membership of the board, the governor shall appoint a successor to serve the unexpired term of any member of the board within thirty days after the creation of such vacancy.
(5) (a) Each year that a board member appointed pursuant to subsection
(1)(g) of this section serves on the board, the member shall participate in at least two public meetings in the geographic area that the member represents, unless the meeting is virtual.
(b) Members are entitled to be reimbursed for reasonable costs incurred in
participating in public meetings pursuant to subsection (5)(a) of this section as necessary expenses actually incurred in the performance of official duties in accordance with section 37-60-111.
(c) The director of the board shall:
(I) For each board member subject to the public meetings requirement set
forth in subsection (5)(a) of this section, track and report to the chair of the board the status of the board member's public meetings at least once per year at a time determined by the chair; and
(II) Provide the data tracked under subsection (5)(c)(I) of this section to the
executive director of the department of natural resources for inclusion in the department's annual SMART Act presentation to the general assembly pursuant to section 2-7-203.
(d) The governor may determine that a board member's failure to participate
in public meetings pursuant to this subsection (5) qualifies as cause for removal from the board.
Source: L. 37: p. 1301, � 3. CSA: C. 173B, �3. L. 45: p. 719, � 1. L. 47: p. 912, � 1.
CRS 53: � 148-1-3. C.R.S. 1963: � 149-1-3. L. 67: p. 293, � 1. L. 81: (1) amended, p. 1768, � 1, effective June 16. L. 84: (1) amended, p. 957, � 8, effective May 21. L. 87: (1) amended, p. 1295, � 1, effective July 13. L. 92: Entire section amended, p. 2281, � 1, effective May 27. L. 99: (1) amended, p. 231, � 1, effective August 4. L. 2004: (1) amended, p. 64, � 1, effective March 8; (1) amended, p. 1067, � 1, effective May 21. L. 2018: (2) amended, (HB 18-1138), ch. 88, p. 703, � 43, effective August 8. L. 2022: Entire section amended, (SB 22-013), ch. 2, p. 82, � 111, effective February 25. L. 2024: (5) added, (SB 24-026), ch. 145, p. 587, � 3, effective January 1, 2025.
Editor's note: Amendments to subsection (1) by House Bill 04-1035 and
Senate Bill 04-013 were harmonized.
Cross references: For the legislative declaration in HB 18-1138, see section 1
of chapter 88, Session Laws of Colorado 2018.
C.R.S. § 37-60-106
37-60-106. Duties of the board - legislative declaration. (1) The board shall promote the conservation of the waters of the state of Colorado in order to secure the greatest utilization of such waters and the utmost prevention of floods. In particular, and without limiting the general character of this section, the board has the power and it is its duty:
(a) To foster and encourage irrigation districts, public irrigation districts,
water users' associations, conservancy districts, drainage districts, mutual reservoir companies, mutual irrigation companies, grazing districts, and any other agencies which are formed under the laws of the state of Colorado, or of the United States, for the conservation, development, and utilization of the waters of Colorado;
(b) To assist any such agencies in their financing, but not to lend or pledge
the credit or faith of the state of Colorado in aid thereof, or to attempt to make the state responsible for any of the debts, contracts, obligations, or liabilities thereof;
(c) To devise and formulate methods, means, and plans for bringing about
the greater utilization of the waters of the state and the prevention of flood damages therefrom, and to designate and approve storm or floodwater runoff channels or basins, and to make such designations available to legislative bodies of cities and incorporated towns, to county planning commissions, and to boards of adjustment of cities, incorporated towns, and counties of this state;
(d) To gather data and information looking toward the greater utilization of
the waters of the state and the prevention of floods and for this purpose to make investigations and surveys;
(e) To cooperate with the United States and the agencies thereof, and with
other states for the purpose of bringing about the greater utilization of the waters of the state of Colorado and the prevention of flood damages;
(f) To cooperate with the United States, or any of the agencies thereof, in the
making of preliminary surveys, and sharing the expense thereof, when necessary, respecting the engineering and economic feasibility of any proposed water conservation or flood control project within the state of Colorado, designed for the purpose of bringing about greater utilization of the waters of this state;
(g) To formulate and prepare drafts of legislation, state and federal,
designed to assist in securing greater beneficial use and utilization of the waters of the state and protection from flood damages;
(h) To investigate and assist in formulating a response to the plans,
purposes, procedures, requirements, laws, proposed laws, or other activities of the federal government and other states which affect or might affect the use or development of the water resources of this state;
(i) To confer with and appear before the officers, representatives, boards,
bureaus, committees, commissions, or other agencies of other states, or of the federal government, for the purpose of protecting and asserting the authority, interests, and rights of the state of Colorado and its citizens with respect to the waters of the interstate streams in this state;
(j) To acquire by grant, purchase, bequest, devise, or lease, any real property
or interest therein for the purpose of the prevention or control of floods, or to acquire by eminent domain any real property or interest therein with respect to any project specifically authorized by the United States congress for the prevention or control of floods, including but not limited to easements and rights-of-way for ingress into and egress from such project, with the power in either event to lease such lands or interest therein to agencies of the federal government or to the state or any agency or political subdivision thereof for the construction, operation, or maintenance of flood control and prevention facilities;
(k) In general, to take such action and have such powers as are incidental to
the foregoing specific provisions and to the general purposes of this article;
(l) To enter into contracts as provided in sections 37-60-119 to 37-60-122 for
the construction of conservation projects which, as authorized by the general assembly under procedures set forth in section 37-60-122, will conserve and utilize for the best advantage of the people of this state the water and power resources of the state, including projects beyond the boundaries of the state of Colorado located on interstate waters when the benefit of such project accrues to the citizens of the state of Colorado, upon application under such rules and regulations as the board shall establish;
(m) To file applications in the name of the department of natural resources
for the appropriation of water;
(n) To take all action necessary to acquire or perfect water rights for
projects sponsored by the board;
(o) To sell or otherwise dispose of property owned by the board, in the name
of the state of Colorado, as a result of expenditures from the Colorado water conservation board construction fund in such manner as to be most advantageous to the state. Proceeds from such sale or disposal shall accrue to the Colorado water conservation board construction fund and shall not revert to the general fund at the close of any fiscal year.
(p) To make grants pursuant to the provisions of section 37-60-122.2 (2) for
fish and wildlife resources;
(q) To make a mitigation recommendation pursuant to the provisions of
section 37-60-122.2 (1) constituting the official position of the state of Colorado regarding mitigation to maintain a balance between the development of the state's water resources and the protection of the state's fish and wildlife resources;
(r) To foster the conservation of the water of the state of Colorado by the
promotion and implementation of sound measures to enhance water use efficiency in order to serve all the water needs of the state, to assure the availability of adequate supplies for future uses, and to assure that necessary water services are provided at a reasonable cost;
(s) Repealed.
(t) To enter into one or more agreements with the Colorado water resources
and power development authority and any other entities to assist in the development of the water resources of the state.
(u) Repealed.
(v) To administer a water supply measurement and forecasting program to:
(I) Collect and disseminate data on snowpack levels;
(II) Investigate the latest technological advances in snowpack measurement
and water supply forecasting; and
(III) Collect other data that the board determines will assist in snowpack
measurement, water supply forecasting, or flood hazard mapping.
(2) The board may coordinate with the United States secretary of the interior
and the United States secretary of agriculture to develop plans that conserve and develop water resources consistent with this article for federal lands pursuant to 16 U.S.C. sec. 530, 16 U.S.C. sec. 1604, and 43 U.S.C. sec. 1712.
Source: L. 37: p. 1304, � 11. CSA: C. 173B, � 11. CRS 53: � 148-1-11. C.R.S.
1963: � 149-1-11. L. 66: p. 44, � 8. L. 67: p. 294, � 5. L. 71: p. 1343, � 1. L. 77: (1)(o) amended, p. 1692, � 1, effective March 4; (1)(h) R&RE, p. 1691, � 1, effective March 26. L. 80: (1)(o) amended, p. 698, � 1, effective May 2; (1)(o) amended, p. 695, � 1, effective June 5. L. 87: (1)(p) and (1)(q) added, p. 1295, � 2, effective July 13. L. 91: (1)(r) added, p. 2023, � 3, effective June 4. L. 2003: (2) added, p. 1035, � 5, effective April 17; (1)(s) and (1)(t) added, p. 2410, � 2, effective June 5. L. 2014: (1)(u) added, (SB 14-115), ch. 187, p. 697, � 1, effective May 15. L. 2019: (1)(u) repealed, (SB 19-212), ch. 121, p. 525, � 2, effective April 17. L. 2025: IP(1) amended and (1)(v) added, (HB 25-1115), ch. 194, p. 866, � 2, effective August 6.
Editor's note: (1) Subsection (1)(s)(II) provided for the repeal of subsection
(1)(s), effective upon the rejection by the registered electors of the state voting on the ballot question submitted pursuant to � 37-60-203. (See L. 2003, p. 2410.) The vote count on the measure at the general election held November 4, 2003, was as follows:
FOR: 307,412
AGAINST: 627,716
(2) Subsection (1)(u) was relocated to � 37-60-106.3 in 2019.
Cross references: (1) For duties of the board with respect to groundwater,
see � 37-90-117; for eminent domain proceedings, see articles 1 to 7 of title 38.
(2) In 1991, subsection (1)(r) was added by the Water Conservation Act of
-
For the short title and the legislative declaration, see sections 1 and 2 of chapter 328, Session Laws of Colorado 1991.
(3) For the legislative declaration contained in the 2003 act enacting subsection (2), see section 1 of chapter 145, Session Laws of Colorado 2003. For the legislative declaration in HB 25-1115, see section 1 of chapter 194, Session Laws of Colorado 2025.
C.R.S. § 37-60-109
37-60-109. Commissioner. (1) The governor from time to time, with the approval of the board, shall appoint a commissioner, who shall represent the state of Colorado upon joint commissions to be composed of commissioners representing the state of Colorado and another state or other states for the purpose of negotiating and entering into compacts or agreements between said states, with the consent of the congress when necessary, ascertaining and declaring the authority, interest, or right of the several signatory states, or any of them, over, in, and to interstate waters, all to the end that such waters may be used and disposed of by the several states and their respective citizens in accordance with an equitable apportionment or division thereof made between the signatory states by the terms of the compact or agreement; except that any compact or agreement so entered into on behalf of said states shall not be binding or obligatory upon any of said states or the citizens thereof until the same has been ratified and approved by the legislatures of all of said signatory states and by the congress of the United States when necessary.
(2) The board shall furnish such commissioners with such legal, engineering,
clerical, and other assistants as the board may deem advisable and necessary, all legal assistants to be employed with the consent of the attorney general. Such commissioners shall serve at the pleasure of the governor at a compensation to be fixed by him. The compensation of the legal, engineering, and other assistants of said commissioners shall be fixed by the board, and all such compensation and necessary traveling expenses of such commissioners and their assistants shall be paid out of the funds appropriated for carrying out the purposes of this article.
Source: L. 37: p. 1303, � 9. CSA: C. 173B, � 9. CRS 53: � 148-1-9. C.R.S. 1963:
� 149-1-9.
C.R.S. § 37-60-112
37-60-112. Warrants for salaries and expenses. The controller is authorized to draw warrants monthly in payment of the lawful salaries and expenses of the board or commissioners and their legal, engineering, and other assistants and employees on vouchers signed by the secretary of the board and approved by the governor.
Source: L. 37: p. 1307, � 12. CSA: C. 173B, � 12. CRS 53: � 148-1-12. C.R.S.
1963: � 149-1-12.
C.R.S. § 37-60-113
37-60-113. Board to cooperate with attorney general. The board shall cooperate with the attorney general in all matters relating to interstate suits concerning the waters of the rivers of the state and shall arrange for the gathering and compilation of all information, factual, engineering, or other data requisite or desirable for the use of the attorney general in the conduct of such suits.
Source: L. 37: p. 1304, � 10. CSA: C. 173B, � 10. CRS 53: � 148-1-10. C.R.S.
1963: � 149-1-10.
C.R.S. § 37-60-115
37-60-115. Water studies - rules - reports - definitions - repeal. (1) (a) The Colorado water conservation board is authorized to forthwith make, or cause to be made, a continuous study of the water resources of the state of Colorado, and a continuous study of the present and potential uses thereof to the full extent necessary to a unified and harmonious development of all waters for beneficial use in Colorado to the fullest extent possible under the law, including the law created by compacts affecting the use of said water. The studies to be made shall include analyses of the extent to which water may be transferred from one watershed to another within the state without injury to the potential economic development of the natural watershed from which water might be diverted for the development of another watershed.
(b) In order to assure that the state of Colorado protects its allocation of
interstate waters for current and future beneficial purposes, to achieve optimum development of such waters under significant constraints imposed by federal law and policy, and to achieve efficient and effective management of river systems for recognized beneficial purposes, the board is authorized to expend such moneys as may be allocated, appropriated, or otherwise credited to the Colorado water conservation board construction fund for such projects and programs as may be specifically authorized by the general assembly, including but not limited to development of river basin models within and without the state, policy formulation, interstate negotiations, and water management within the state.
(2) (Deleted by amendment, L. 96, p. 1223, � 24, effective August 7, 1996.)
(3) The Colorado water conservation board is further authorized and
directed, after consultation with the agriculture, livestock, and natural resources committee of the house of representatives and the agriculture, natural resources, and energy committee of the senate and consistent with its duties set forth in section 37-90-117 and the provisions of subsections (1) and (2) of this section, to study the state's groundwater resource, particularly that water that may prove to be nontributary, both within the Denver basin and throughout the state, including nontributary groundwater quality.
(4) (a) The Colorado water conservation board shall compile an inventory of
potential dam and reservoir sites within the state of Colorado.
(b) The inventory shall be based upon a review of the state engineer's water
rights tabulation and a review of all publicly available published information. Original engineering work or field investigations shall not be performed by the board for the inventory. The inventory shall be compiled and maintained on a computerized information retrieval system which is either a part of or otherwise compatible with the water data bank maintained by the state engineer.
(c) The following information concerning potential dam and reservoir sites
within the state of Colorado having a capacity of twenty thousand acre-feet or more, or concerning such other sites as the board deems important, shall be included in the inventory:
(I) The location of a dam site, by river, county, and reference to surveyed
section corners;
(II) The name of a dam and reservoir site if one is commonly ascribed to it;
(III) Basic data about a potential dam to the extent such is readily available;
(IV) The conditional water rights decreed to a site, if any, and their dates of
adjudication and basin ranks;
(V) If available, an estimate of a reservoir's total active capacity;
(VI) The potential uses of the water supply which would be developed; and
(VII) Citations to reference materials and sources for the information
specified in this paragraph (c).
(d) Utilizing the inventory, the board shall identify potential dam and
reservoir sites, the development of which may be stopped because of ongoing land uses which are encroaching upon needed lands or because of other circumstances.
(e) The board is authorized to pay for the expenses of periodically updating
and maintaining the inventory of potential dam and reservoir sites for which this section calls using moneys appropriated, allocated, or otherwise credited to the Colorado water conservation board construction fund.
(5) Repealed.
(6) Precipitation harvesting pilot projects. (a) The board shall, in
consultation with the state engineer, select the sponsors of up to ten new residential or mixed-use developments that will conduct individual pilot projects to collect precipitation from rooftops and impermeable surfaces for nonpotable uses. The purposes of the pilot projects are to:
(I) Evaluate the technical ability to reasonably quantify the site-specific
amount of precipitation that, under preexisting, natural vegetation conditions, accrues to the natural stream system via surface and groundwater return flows;
(II) Create a baseline set of data and sound, transferable methodologies for
measuring local weather and precipitation patterns that account for variations in hydrology and precipitation event intensity, frequency, and duration, quantifying preexisting, natural vegetation consumption, measuring precipitation return flow amounts, identifying surface versus groundwater return flow splits, and identifying delayed groundwater return flow timing to receiving streams;
(III) Evaluate a variety of precipitation harvesting system designs, including
integrated storm water and precipitation harvesting facilities. Notwithstanding the definition of a storm water detention and infiltration facility in section 37-92-602 (8)(b)(I), a pilot project may include a single integrated facility serving the temporary detention or infiltration purposes of a storm water detention and infiltration facility and a precipitation harvesting facility if precipitation captured in the facility for beneficial use, as defined in section 37-92-103 (4), is replaced in accordance with the requirements of subsection (6)(c) of this section and any water captured in the facility that is not the subject of the precipitation harvesting pilot project is managed and released back to the stream system in accordance with the requirements of section 37-92-602 (8).
(IV) Measure precipitation capture efficiencies;
(V) Quantify the amount of precipitation that must be augmented to prevent
injury to decreed water rights;
(VI) Compile and analyze the data collected; and
(VII) Provide data to allow sponsors to adjudicate permanent augmentation
plans as specified in paragraph (c) of this subsection (6).
(b) An applicant for a development permit, as that term is defined in section
29-20-103, C.R.S., for a new planned unit development or new subdivision of residential housing or mixed uses may submit an application to the board to become a sponsor of one or more of the ten pilot projects authorized by this section. The board shall establish criteria and guidelines, and update the criteria and guidelines by January 1, 2016, with the goal of incentivizing the submission of applications and applying lessons learned from previously approved pilot projects, for applications and the selection of pilot projects, including the following:
(I) An application fee and, for pilot projects that are selected, an annual
review fee;
(II) The information to be included in the application, including a description
of the proposed development and the proposed precipitation harvesting system;
(III) Selection of pilot projects to represent a range of project sizes and
geographic and hydrologic areas in the state, with no more than three pilot projects being located within any single water division established in section 37-92-201;
(IV) The requirement that the proposed development meet any applicable
local government water supply requirement through sources other than precipitation harvesting;
(V) Giving priority to pilot projects that:
(A) Are located in areas that face renewable water supply challenges; and
(B) Promote water conservation;
(VI) Regionally applicable factors that sponsors can use for substitute water
supply plans that specify the amount of precipitation consumed through evapotranspiration of preexisting natural vegetative cover. If an applicant uses the factors, the state engineer shall give the factors presumptive effect, subject to rebuttal. The board need not establish factors for a region until the sponsor of a project located within that region has submitted a minimum of two years of data pursuant to sub-subparagraph (B) of subparagraph (II) of paragraph (c) of this subsection (6). A sponsor that makes such a submission shall also submit the data to the board.
(c) Notwithstanding any limitations regarding phreatophytes or impermeable
surfaces that would otherwise apply pursuant to section 37-92-103 (9) or 37-92-501 (4)(b)(III), each of the ten pilot projects shall:
(I) During the term of the pilot project, operate according to a substitute
water supply plan, if approved annually by the state engineer pursuant to section 37-92-308 (4) or (5). The pilot project shall be required to replace an amount of water equal to the amount of precipitation captured out of priority from rooftops and impermeable surfaces for nonpotable uses; except that, in determining the quantity of water required for the substitute water supply plan to replace out-of-priority stream depletions, there is no requirement to replace the amount of historic natural depletion to the waters of the state, if any, caused by the preexisting natural vegetative cover evapotranspiration for the surface areas made impermeable and associated with the pilot project. The applicant bears the burden of proving the historic natural depletion; except that the applicant may use applicable regional factors established pursuant to subparagraph (VI) of paragraph (b) of this subsection (6).
(II) (A) Apply to the appropriate water court for a permanent augmentation
plan prior to completion of the pilot project or file a plan with the state engineer to permanently retire the rainwater collection system, which plan shall be reviewed and approved prior to the cessation of augmentation. As a condition of approving the retirement of a pilot project, the state engineer shall have the authority to require the project sponsor to replace any ongoing delayed depletions caused by the pilot project after the project has ceased. Any such permanent augmentation plan shall entitle the sponsor to consume without replacement only that portion of the precipitation that the sponsor proves by a preponderance of the evidence would not have accrued to a natural stream under preexisting, natural vegetation conditions. The sponsor shall be required to fully augment any precipitation captured out of priority that would otherwise have accrued to a natural stream.
(B) After a minimum of two years of data collection and upon application to
the appropriate water court for a permanent augmentation plan, the pilot project sponsor shall file an application for approval of a substitute water supply plan pursuant to section 37-92-308 (4). For any substitute supply plan application filed under section 37-92-308 (4), the sponsor shall fully augment any precipitation captured out of priority; except that, in determining the quantity of water required for the substitute water supply plan to replace out-of-priority stream depletions, there is no requirement to replace the amount of historic natural depletion to the waters of the state, if any, caused by preexisting natural vegetative cover evapotranspiration for the surface areas made impermeable and associated with the pilot project. The applicant may use applicable regional factors established pursuant to subparagraph (VI) of paragraph (b) of this subsection (6).
(d) Each sponsor shall submit an annual preliminary report to the board and
the state engineer summarizing the information set forth in subsection (6)(a) of this section. The board and the state engineer shall brief the water resources and agriculture review committee created in section 37-98-102 on the reported results of the pilot projects by July 1, 2014. Each sponsor shall submit a final report to the board and the state engineer by January 15, 2025. The board and the state engineer shall provide a final briefing to the water resources and agriculture review committee by July 1, 2025.
(e) (I) This subsection (6) is repealed, effective July 1, 2026.
(II) This repeal does not affect or otherwise preclude water courts from
adjudicating any application for an augmentation plan pursuant to this subsection (6) that is filed prior to July 1, 2026.
(7) Repealed.
(8) Fallowing and leasing pilot projects. (a) After a period of notice and
comment, the board may, in consultation with the state engineer and upon consideration of any comments submitted, select the sponsors of up to fifteen pilot projects pursuant to the approval process set forth in subsection (8)(f) of this section. The board shall not itself sponsor a pilot project, but the board may provide financial, technical, or other assistance to a pilot project pursuant to the board's other activities and programs. No more than five pilot projects may be located in any one of the major river basins, namely: The South Platte river basin; the Arkansas river basin; the Rio Grande river basin; and the Colorado river basin. Each project may last up to ten years in duration and must demonstrate the practice of:
(I) Fallowing agricultural irrigation land; and
(II) Leasing the associated water rights for temporary municipal, agricultural,
environmental, industrial, or recreational use.
(b) The purpose of the pilot program is to:
(I) In fallowing irrigated agricultural land for leasing water for temporary
municipal, agricultural, environmental, industrial, or recreational use, demonstrate cooperation among different types of water users, including cooperation among shareholders, ditch companies, water user associations, irrigation districts, water conservancy districts, water conservation districts, and municipalities;
(II) Evaluate the feasibility of delivering leased water to the temporary
municipal, agricultural, environmental, industrial, or recreational users;
(III) Provide sufficient data from which the board, in consultation with the
state engineer, can evaluate the efficacy of using a streamlined approach, such as an accounting and administrative tool, for determining:
(A) Historical consumptive use;
(B) Return flows;
(C) The potential for material injury to other water rights; and
(D) Conditions to prevent material injury; and
(IV) Demonstrate how to operate, administer, and account for the practice of
fallowing irrigated agricultural land for leasing water for temporary municipal, agricultural, environmental, industrial, or recreational use without causing material injury to other vested water rights, decreed conditional water rights, or contract rights to water.
(c) The board shall not select a pilot project that involves:
(I) The fallowing of the same land for more than three years in a ten-year
period;
(II) The fallowing of more than thirty percent of a single irrigated farm for
more than ten consecutive years;
(III) The transfer or facilitation of the transfer of water across the continental
divide by direct diversion, exchange, or otherwise; or
(IV) The transfer or facilitation of the transfer of water out of the Rio Grande
basin by direct diversion, exchange, or otherwise.
(d) After providing a reasonable opportunity for public comment and
consideration of any comments received, the board, in consultation with the state engineer, shall establish criteria and guidelines including at least the following:
(I) An application fee and, for selected pilot projects, an annual review fee;
(II) The information to be included in the application, including a description
of the proposed pilot project;
(III) The maximum quantity of transferable consumptive water use per year
for any single pilot project;
(IV) Notwithstanding paragraph (a) of this subsection (8), any geographic
areas that are not eligible for pilot projects;
(V) A time period of sixty days within which the board receives comments on
the application after providing notice pursuant to the process set forth in paragraphs (e) and (f) of this subsection (8). The comments may include:
(A) Any claim of injury;
(B) Any terms and conditions that the person filing a comment believes
should be imposed on the pilot project in order to prevent injury to other water rights, decreed conditional water rights, or contract rights to water; and
(C) Other information that the person filing the comment believes the board
should consider in reviewing the application.
(VI) Criteria for a conference between a pilot project applicant, the state
engineer, and owners of water rights or a contract rights to water that file comments on the application, including the following requirements:
(A) The conference participants must meet within thirty days after final
comments on the application have been submitted;
(B) At the conference, the conference participants must discuss how the
pilot project could be structured to prevent material injury to other water rights and contract rights to water; and
(C) Within fifteen days after the conference, the pilot project applicant and
the owners of water rights or contract rights to water must file a joint report with the board and with the state engineer outlining any agreed-upon terms and conditions for the proposed pilot project and explaining the reasons for failing to agree on any terms and conditions for the proposed pilot project if the applicant and the owners fail to reach a full agreement at the conference;
(VII) Guidelines for the operation and administration of the pilot projects to
assure that a pilot project:
(A) Will effect only a temporary change in the historical consumptive use of
the water right in a manner that will not cause injury to other water rights, decreed conditional water rights, or contract rights to water; and
(B) Will not impair compliance with any interstate compact;
(VIII) Criteria for selecting pilot projects that range in size and complexity;
(IX) Criteria for selecting pilot projects over a period ending on December 31,
2023, to provide a window for potential pilot project sponsors to apply;
(X) A requirement that a proposed pilot project:
(A) Meet applicable local government land use requirements;
(B) Prevent erosion and blowing soils; and
(C) Comply with local county noxious weed regulations;
(XI) A requirement that, during the term of the pilot project, land and water
included in a pilot project is not also included in a substitute water supply plan pursuant to section 37-92-308 (5) or (7), an interruptible water supply agreement pursuant to section 37-92-309, or another pilot project;
(XII) A requirement for periodic reports to the board on the operation of the
pilot project; and
(XIII) A requirement that priority is given to pilot projects that can be
implemented using existing infrastructure.
(e) (I) For approval of a pilot project, the applicant must provide written
notice of the application, including, at a minimum:
(A) A description of the proposed pilot project;
(B) An analysis of the historical use, the historical consumptive use, and the
historical return flows of the water rights or contract rights to water proposed to be used for temporary municipal, agricultural, environmental, industrial, or recreational use; and
(C) A description of the source of water to be used to replace historical
return flows during the pilot project and after completion of the pilot project; and
(II) The applicant must provide the written notice by first-class mail or
electronic mail to all parties that have subscribed to the substitute water supply plan notification list, as described in section 37-92-308 (6) for the division or divisions in which the water right is located and in which it will be used. The applicant must file proof of the written notice with the board.
(f) After consideration of the comments and any conference reports
submitted pursuant to subparagraph (VI) of paragraph (d) of this subsection (8), the board may approve the pilot project application if:
(I) Within fifteen days after receiving a conference report submitted under
subparagraph (VI) of paragraph (d) of this subsection (8) or, if the board does not receive any comments on the application, within thirty days after the period of time for comments has expired, the state engineer has made a written determination that the operation and administration of the pilot project:
(A) Will effect only a temporary change in the historical consumptive use of
the water right in a manner that will not cause injury to other water rights, decreed conditional water rights, or contract rights to water; and
(B) Will not impair compliance with any interstate compact; and
(II) The board adopts all terms and conditions recommended by the state
engineer.
(g) When the board approves or denies a pilot project application, it shall
serve a copy of the decision, along with a copy of the state engineer's written determination and any conference reports submitted under subparagraph (VI) of paragraph (d) of this subsection (8), upon all parties to the application by first-class mail or, if elected by the parties, by electronic mail. The board shall mail a copy of the decision, the state engineer's written determination, and any conference reports to the appropriate water clerk.
(h) (I) Neither the board's approval nor the denial of a pilot project creates
any presumptions, shifts the burden of proof, or serves as a defense in any legal action that may arise concerning the pilot project. The board's approval or denial of a pilot project application and the state engineer's written determination on the application are final agency actions that may be appealed. An appeal pursuant to this subsection (8) must be filed with the appropriate water judge and be made within thirty-five days after the board's decision has been mailed to the appropriate water clerk.
(II) The water judge shall expedite the appeal, which shall be de novo, and
use the procedures and standards set forth in sections 37-92-304 and 37-92-305 for determination of matters rereferred to the water judge by the referee; except that the water judge shall not deem a party's failure either to appeal all or any part of the board's decision or the state engineer's written determination or to state any grounds for the appeal to preclude the party from raising a claim of injury in a future proceeding before the water judge. The pilot project applicant is deemed to be the applicant for purposes of the procedures and standards that the water judge applies to the appeal.
(i) The board, in consultation with the state engineer, shall annually report to
the water resources and agriculture review committee, created in section 37-98-102, or its successor committee, on the reported results of the pilot projects. The board, in consultation with the state engineer, shall provide a final report to the water resources and agriculture review committee, or its successor committee, by July 1, 2034, or the year in which the final pilot project is completed, if before 2034.
(j) This subsection (8) is repealed, effective September 1, 2035.
(9) to (11) Repealed.
(12) (a) Study. (I) The board, in consultation with the state engineer, the
Colorado energy office, and the institute, shall conduct a study to determine the feasibility of the use of floatovoltaics as a means of increasing the beneficial consumptive use of state waters by reducing evaporation from, and lowering temperatures of, irrigation canals and reservoirs upon which floatovoltaic infrastructure is placed. In studying the feasibility of using floatovoltaics, the board shall ensure that any floatovoltaic infrastructure used in the study does not interfere with instream flows, as described in section 37-92-102 (3), or with water rights owners' ability to divert water for beneficial use.
(II) The board may contract with the institute, a third party, or both to design,
carry out, and analyze the results of the study required in this subsection (12)(a). If the board deems appropriate, the study must be conducted in consideration of and reliance on relevant studies completed in the state and nationally.
(b) Report. On or before January 1, 2025, the board shall submit a report of
the findings and conclusions of the study to the house of representatives agriculture, water, and natural resources committee and the senate agriculture and natural resources committee, or their successor committees.
(c) As used in this subsection (12), unless the context otherwise requires:
(I) Beneficial use has the meaning set forth in section 37-92-103 (4).
(II) Divert has the meaning set forth in section 37-92-103 (7).
(III) Floatovoltaics means one or more solar energy generation facilities
placed over or near or floating on irrigation canals or reservoirs in the state.
(IV) Institute means the Colorado water institute created in section 23-31-801.
(V) Water right has the meaning set forth in section 37-92-103 (12).
(VI) Waters of the state has the meaning set forth in section 37-92-103
(13).
Source: L. 53: p. 645, � 1. CRS 53: � 148-1-14. C.R.S. 1963: � 149-1-14. L. 67: p.
294, � 6. L. 85: Entire section amended, p. 1191, � 3, effective June 13; (3) added, p. 1168, � 9, effective July 1. L. 86: (4) added, p. 1079, � 1, effective July 1. L. 88: (4)(e) amended, p. 1236, � 6, effective May 23. L. 92: (1) amended, p. 2282, � 2, effective May 27. L. 96: (2), (4)(a), (4)(d), and (4)(e) amended, p. 1223, � 24, effective August 7. L. 2006: (5) added, p. 1236, � 1, effective May 26. L. 2009: (6) added, (HB 09-1129), ch. 389, p. 2102, � 1, effective June 2. L. 2012: (7) added, (HB 12-1278), ch. 239, p. 1062, � 2, effective May 30. L. 2013: (8) added, (HB 13-1248), ch. 210, p. 879, � 2, effective May 13. L. 2014: (9) added, (SB 14-195), ch. 355, p. 1653, � 1, effective June 6. L. 2015: IP(6)(b), (6)(c)(I), (6)(c)(II)(B), (6)(d), and (6)(e) amended and (6)(b)(VI) added, (HB 15-1016), ch. 236, p. 874, � 1, effective August 5; (8)(a)(II), (8)(b)(I), (8)(b)(II), (8)(b)(IV), IP(8)(d)(V), (8)(e)(I)(B), IP(8)(f), (IP)(8)(f)(I), and (8)(g) amended, (SB 15-198), ch. 145, p. 439, � 1, effective August 5; (10) added, (HB 15-1013), ch. 235, p. 870, � 1, effective August 5. L. 2016: (10)(g) amended, (SB 16-189), ch. 210, p. 791, � 99, effective June 6; (11) added, (HB 16-1256), ch. 268, p. 1108, � 1, effective June 9. L. 2017: IP(8)(a), (8)(d)(IX), (8)(i), and (8)(j) amended, (HB 17-1219), ch. 188, p. 685, � 1, effective August 9. L. 2018: (7) repealed, (HB 18-1375), ch. 274, p. 1719, � 77, effective May 29. L. 2020: (10)(f) and (10)(g) amended, (SB 20-214), ch. 200, p. 984, � 12, effective June 30. L. 2022: (6)(d), (8)(i), and (10)(f) amended, (SB 22-030), ch. 59, p. 270, � 6, effective August 10. L. 2023: (6)(e) amended, (SB 23-178), ch. 207, p. 1075, � 3, effective August 7; (12) added, (SB 23-092), ch. 218, p. 1130, � 4, effective August 7. L. 2024: IP(6)(a) and (6)(a)(III) amended, (SB 24-148), ch. 58, p. 199, � 1, effective August 7.
Editor's note: (1) Subsection (5)(d) provided for the repeal of subsection (5),
effective July 1, 2008. (See L. 2006, p. 1236.)
(2) Subsection (9)(e) provided for the repeal of subsection (9), effective July
1, 2017. (See L. 2014, p. 1653.)
(3) Subsection (11)(h) provided for the repeal of subsection (11), effective July
1, 2018. (See L. 2016, p. 1108.)
(4) (a) SB 22-030 amended subsection (10)(f), effective August 10, 2022, but
those amendments did not take effect due to the repeal of subsection (10), effective July 1, 2022.
(b) Subsection (10)(g) provided for the repeal of subsection (10), effective
July 1, 2022. (See L. 2020, p. 984.)
Cross references: For the legislative declaration contained in the 1996 act
amending subsections (2), (4)(a), (4)(d), and (4)(e), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration in the 2012 act adding subsection (7), see section 1 of chapter 239, Session Laws of Colorado 2012. For the legislative declaration in the 2013 act adding subsection (8), see section 1 of chapter 210, Session Laws of Colorado 2013.
C.R.S. § 37-60-120.1
37-60-120.1. Chatfield reservoir reallocation project - authority - repeal. (1) In order to promote the general welfare and safety of the citizens of this state and utilize reallocated storage space available in the federal flood control project known as Chatfield reservoir, the board has undertaken the Chatfield reservoir reallocation project, referred to in this section as the project, in coordination and cooperation with a local coalition and with participants who have executed letters of commitment with the board. The implementation of the project will result in benefits to South Platte river water users and the downstream environment without adversely impacting other river basins. The implementation of the project will require the board to contract with the United States Army corps of engineers, referred to in this section as the corps, to hold and allocate storage space in the reservoir and to undertake substantial activities related to the mitigation of environmental and recreation impacts caused by the increase in reservoir water levels.
(2) The board is hereby authorized to act as an agent of the project parties to
implement this section. Through an agency fund the board may collect and disburse money from any entity to implement the project and to meet the obligations contained in an intergovernmental agreement, project partnership agreement, or other contract, referred to in this section as an agreement, with the corps or other entity that is required to implement the project. Notwithstanding any other law, including section 24-30-1303, C.R.S., the board and the department of natural resources acting through its agencies shall have the authority to enter into any agreement with the corps or other entities, including consultants and contractors, that in the board's discretion is necessary to implement the project; however, sufficient funds shall have been made available to the board for such purposes. The authority granted by this subsection (2) includes: The ability to hold storage space in the reservoir; to contract with, and allocate storage to, local entities who will utilize the reservoir storage space; to undertake mitigation and long-term operation and maintenance of the project; to receive and expend proceeds received from the sale or lease of reservoir storage space and from any other activities that effectuate the purpose of the acquired project storage space; to pay the costs of storage or other necessary expenses; and to otherwise implement the project. The board has the express authority, in equitable partnership with the participants, to undertake such action as is necessary, including the award of contracts to public and private entities, to undertake mitigation construction and long-term operation and maintenance and related activities; to lease, sublease, or assign storage space rights; and to otherwise effectuate the storage of water in the reservoir. The state treasurer shall credit all proceeds received under this section and the interest earned from investments of those proceeds to the Colorado water conservation board construction fund created in section 37-60-121 (1)(a), and all such moneys are continuously appropriated and remain available for the designated purposes until they are fully expended. In the event of a conflict between the application of state or federal law or rules, including chapter 3 of the state fiscal rules in existence as of May 29, 2008, federal laws and rules shall apply.
(3) This section is repealed, effective at the end of the project. Such repeal
shall not affect the validity of any action taken pursuant to this section. The director of the board shall, in writing, promptly notify the state treasurer and the revisor of statutes when the project is completed.
Source: L. 2008: Entire section added, p. 1572, � 25, effective May 29. L.
2014: (2) amended, (HB 14-1333), ch. 356, p. 1661, � 17, effective June 6.
Editor's note: Subsection (3) provides for the repeal of this section, effective
at the end of the Chatfield reservoir reallocation project, and requires the director of the Colorado water conservation board to promptly notify, in writing, the revisor of statutes when the project is completed. As of publication date, no such notice had been received.
C.R.S. § 37-60-121
37-60-121. Colorado water conservation board construction fund - creation - nature of fund - funds for investigations - contributions - use for augmenting the general fund - funds created - rules - repeal. (1) (a) There is hereby created a fund to be known as the Colorado water conservation board construction fund, which shall consist of all moneys which may be appropriated thereto by the general assembly or which may be otherwise made available to it by the general assembly and such charges that may become a part thereof under the terms of section 37-60-119. All interest earned from the investment of moneys in the fund shall be credited to the fund and become a part thereof. Such fund shall be a continuing fund to be expended in the manner specified in section 37-60-122 and shall not revert to the general fund of the state at the end of any fiscal year.
(b) In the consideration of making expenditures from the fund, the board
shall be guided by the following criteria:
(I) The first priority of the moneys available to the fund shall be devoted to
projects which will increase the beneficial consumptive use of Colorado's undeveloped compact entitled waters;
(II) The balance of the moneys available to the fund shall be devoted to
projects for the repair and rehabilitation of existing water storage and delivery networks, controlled maintenance of the satellite monitoring network authorized pursuant to section 37-80-102 (10), construction and maintenance of the South Platte river alluvial aquifer groundwater monitoring network authorized pursuant to section 37-80-122, and for investment in water management activities and studies;
(III) The board's participation in the construction cost of a project shall be
repaid and the board's costs or its participation in any feasibility studies shall be repaid to the board when construction on a project commences;
(IV) The board shall participate in only those projects that can repay the
board's investment. Service charges and other terms of repayment shall be established by the board. Grants shall not be made, unless specifically authorized by the general assembly acting by bill; however, the board shall have the authority to deauthorize such grants and use any remaining funds for other statutorily authorized purposes if the grant project has been completed or is no longer feasible.
(V) (Deleted by amendment, L. 2002, p. 457, � 31, effective May 23, 2002.)
(VI) The board shall not recommend to the general assembly domestic water
treatment systems;
(VII) The board may recommend to loan funds on floodplain projects;
(VIII) For all feasibility studies, the board shall ensure that the scope of the
study is confined as nearly as possible to a single integrated project; and
(IX) Any feasibility study of a proposed project shall include, to the extent
deemed necessary by the board, an evaluation of:
(A) The water rights available to a proposed project and the yield thereof;
(B) The engineering and economic feasibility of a proposed project; and
(C) The anticipated economic, social, and environmental effects of a
proposed project.
(c) and (d) Repealed.
(2) The board, in addition to the amount allocated to a project to cover the
actual cost of construction, may allocate to the project constructed by it, under contract or otherwise, such amounts as may be determined by it for investigating, engineering, inspection, and other expenses and may provide for the repayment of the same out of the first moneys repayable from the project under the contract for its construction, and such moneys so repaid shall be accounted for within the purpose of making investigations for the development of the water resources of the state.
(2.5) (a) The board is authorized to expend, pursuant to continuous
appropriation and subject to the requirements of paragraph (b) of this subsection (2.5), a total sum not to exceed the balance of the litigation fund, which is hereby created, for the purpose of engaging in litigation:
(I) In support of water users whose water supply yield is or may be
diminished or the cost of said yield is or may be materially increased as a result of conditions imposed or that may be imposed, including but not limited to by-pass flows, by any agency of the United States on permits for existing or reconstructed water facilities located on federally owned lands;
(II) To oppose an application of a federal agency for an instream flow right
that is not in compliance with Colorado law for establishing instream flow rights;
(III) To defend and protect Colorado's allocations of water in interstate
streams and rivers; and
(IV) To ensure the maximum beneficial use of water for present and future
generations by addressing important questions of federal law.
(b) Pursuant to the spending authority set forth in paragraph (a) of this
subsection (2.5), moneys may be expended from the litigation fund at the discretion of the board if:
(I) With respect to litigation, the Colorado attorney general requests that the
board authorize the expenditure of moneys in a specified amount not to exceed the balance of the fund for the costs of litigation associated with one or more specifically identified lawsuits meeting the criteria set forth in paragraph (a) of this subsection (2.5).
(II) (Deleted by amendment, L. 2003, p. 1769, � 19, effective May 19, 2003.)
(c) Any interest earned on the moneys in the litigation fund shall be credited
on an annual basis to the litigation fund created in paragraph (a) of this subsection (2.5).
(d) Notwithstanding section 24-1-136 (11)(a)(I), the board, in conjunction with
the attorney general, shall report annually to the senate agriculture, natural resources, and energy committee and the house of representatives agriculture, livestock, and natural resources committee on any litigation that involves the use of any money from the litigation fund created in subsection (2.5)(a) of this section.
(e) Any moneys remaining in the litigation fund at such time as the general
assembly acts to close the fund shall be credited to the Colorado water conservation board construction fund created in subsection (1) of this section.
(f) (Deleted by amendment, L. 2001, p. 690, � 27, effective May 30, 2001.)
(3) (a) The board may receive and expend contributions of money, property,
or equipment from any source for use in making investigations, contracting projects, or otherwise carrying out the purposes of sections 37-60-119 to 37-60-122.
(b) The board may accept, allocate, expend, and otherwise use contributions
and donations of money, property, or equipment from any source to carry out the purposes of this article, article 20 of title 36, C.R.S., and section 37-92-102 (3). Such contributions are hereby continuously appropriated to the board for the purposes established by this section.
(4) (a) The personal services, operating, travel and subsistence, and capital
expenses of administering and managing the feasibility studies, engineering and design work, and construction activities associated with projects which are funded using moneys appropriated, allocated, or otherwise credited to the Colorado water conservation board construction fund may be paid from such moneys.
(b) Repealed.
(c) The legal services expenses, including the expenses of legal counsel
employed by the board with the consent of the attorney general pursuant to section 37-60-114, of negotiating and preparing contracts for the disbursement of moneys from the construction fund for the study, design, and construction of projects which are funded using moneys appropriated, allocated, or otherwise credited to the Colorado water conservation board construction fund may be paid from such moneys.
(d) Repealed.
(5) Repealed.
(6) As of July 1, 1988, and July 1 of each year thereafter through July 1, 1996,
fifty percent of the sum specified in this subsection (6) shall accrue to the fish and wildlife resources fund, which fund is hereby created, twenty-five percent of such sum shall accrue to the Colorado water conservation board construction fund, and twenty-five percent of such sum shall accrue to the Colorado water resources and power development authority. The state treasurer and the controller shall transfer such sum out of the general fund and into said fish and wildlife resources fund and to the authority as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (6) and subsection (7) of this section shall not be deemed to be appropriations subject to the limitations of section 24-75-201.1, C.R.S. Subject to the provisions of subsection (7) of this section, the amount that shall accrue pursuant to this subsection (6) shall be as follows:
(a) On July 1, 1988, five million dollars;
(b) and (c) (Deleted by amendment, L. 2001, p. 690, � 27, effective May 30,
2001.)
(d) On July 1, 1994, thirty million dollars. In distributing said sum, the formula
in the introductory portion to this subsection (6) shall not apply, and said sum shall accrue as follows:
(I) Ten million five hundred thousand dollars to the Colorado water
conservation board construction fund;
(II) (A) (Deleted by amendment, L. 2001, p. 690, � 27, effective May 30, 2001.)
(B) (Deleted by amendment, L. 2003, p. 1769, � 19, effective May 19, 2003.)
(III) One million five hundred thousand dollars to the Colorado water
resources and power development authority;
(IV) (Deleted by amendment, L. 2001, p. 1277, � 49, effective June 5, 2001.)
(V) Two million eight hundred thousand dollars to the Colorado water
conservation board construction fund for a portion of the construction costs of the ridges basin dam of the Animas-La Plata project;
(VI) Four hundred forty-seven thousand forty dollars to the Colorado water
conservation board construction fund for activities relating to the Arkansas river litigation.
(VII) (Deleted by amendment, L. 2001, p. 690, � 27, effective May 30, 2001.)
(e) and (f) (Deleted by amendment, L. 94, p. 1371, � 1, effective May 25, 1994.)
(6.1) Repealed.
(7) As of July 1, 1988, the state treasurer and the controller shall transfer the
five million dollars specified in paragraph (a) of subsection (6) of this section to the water rights final settlement fund, which fund is hereby created. The moneys transferred to the water rights final settlement fund are hereby continuously appropriated to the board solely for the purpose of providing moneys for the tribal development funds for the Southern Ute Indian tribe and the Ute Mountain Ute Indian tribe as provided for in the Colorado Ute Indian water rights final settlement agreement of December 10, 1986. Interest earned from the investment of the moneys in such fund prior to its deposit in the tribal development funds shall be credited to the Colorado water conservation board construction fund and to the Colorado water resources and power development authority at the end of each fiscal year. Of such interest, fifty percent shall be credited to the Colorado water conservation board construction fund and fifty percent shall be transferred to the Colorado water resources and power development authority. The board shall deposit the moneys from the water rights final settlement fund in the tribal development funds, as provided for in the settlement agreement, no later than thirty days after the deposit of federal moneys in such funds as required by the settlement agreement; except that no such moneys shall be available for disbursement from the tribal development funds until such time as the final consent decree contemplated by the settlement agreement is entered; and, except that if such final consent decree is not entered by December 31, 1991, then the moneys so deposited shall be returned, together with the interest earned thereon, to the water rights final settlement fund. If the first installment of federal moneys is not deposited in the tribal development funds before June 1, 1990, or if the state's moneys have been returned from the tribal development funds to the water rights final settlement fund because the final consent decree is not entered by December 31, 1991, then the board shall transfer fifty percent of the moneys in the water rights final settlement fund to the Colorado water resources and power development authority and fifty percent of the moneys in the water rights final settlement fund to the Colorado water conservation board construction fund.
(8) Repealed.
(9) Notwithstanding any provision of this section or of section 37-60-122 to
the contrary, on April 20, 2009, the state treasurer shall deduct ten million two hundred fifty thousand dollars from the Colorado water conservation board construction fund and transfer such sum to the general fund.
(10) Repealed.
(11) (a) On March 21, 2021, the state treasurer shall transfer four million
dollars from the general fund to the Colorado water conservation board construction fund.
(b) (I) Within three days after March 21, 2021, the state treasurer shall
transfer thirty million dollars from the general fund to the Colorado water conservation board construction fund.
(II) (A) Except as specified in subsections (11)(b)(III) and (11)(b)(IV) of this
section, the board shall use the money transferred pursuant to this subsection (11)(b) in connection with the watershed restoration program for watershed restoration and flood mitigation grants to restore, mitigate, and protect stream channels and riparian areas susceptible to flood hazards and sediment erosion and deposition after wildfire, including expenditures for the repair, replacement, modification, maintenance, or installation of related water and debris-control structures, with special consideration of projects with federal and local matching requirements.
(B) The board shall award at least ten million dollars of the money
transferred pursuant to this subsection (11)(b) by July 1, 2022, and shall award the remaining money by December 31, 2022.
(III) The board shall expend up to five hundred thousand dollars by December
31, 2022, for a statewide watershed analysis to investigate the susceptibility of life, safety, infrastructure, and water supplies to wildfire impacts.
(IV) The board may use up to five percent of the money to administer the
grant program as specified in subsection (11)(b)(II) of this section and may use up to ten percent for the costs associated with providing necessary technical engineering services to assist grantees with design review, engineering analysis, fire and flood support, construction oversight, fluvial hazard zone program implementation, project monitoring and adaptive management, and overall program management.
(c) The department of natural resources shall include updates regarding the
board's activities undertaken pursuant to subsection (11)(b) of this section in its departmental presentation to legislative committees of reference pursuant to section 2-7-203.
(d) This subsection (11) is repealed, effective September 1, 2026.
(12) (a) Except as specified in subsection (12)(b) of this section, the board
shall use the money transferred pursuant to section 24-75-228 (2.5)(a)(III) for watershed restoration and flood mitigation grants to restore, mitigate, and protect stream channels and riparian areas susceptible to flood hazards and sediment erosion and deposition after wildfire, including expenditures for the design and implementation of projects intended to mitigate increased flows, sediment, and debris, with federal and local matching requirements.
(b) The board may use up to five percent of the money to administer the
grant program as specified in subsection (12)(a) of this section and may use up to ten percent for the costs associated with providing necessary technical engineering services to assist grantees with design review, engineering analysis, fire and flood support, construction oversight, fluvial hazard zone program implementation, project monitoring and adaptive management, and overall program management.
(c) The department of natural resources shall include updates regarding the
board's activities undertaken pursuant to this subsection (12) in its departmental presentation to legislative committees of reference pursuant to section 2-7-203.
(d) This subsection (12) is repealed, effective July 1, 2027.
(13) The board shall use the money transferred pursuant to section 24-75-228 (2.5)(a)(IV) for the direct and indirect costs of providing assistance to political
subdivisions of the state and other entities in applying for federal Infrastructure Investment and Jobs Act, Pub.L. 117-58, money and other federally available money related to water funding opportunities.
(14) (a) The board shall use the money transferred pursuant to section 24-75-228 (2.5)(a)(V) for both:
(I) Issuing grants to political subdivisions of the state or other entities for the
hiring of term-limited employees, contractors, or both that will assist those political subdivisions and other entities in applying for federal Infrastructure Investment and Jobs Act, Pub.L. 117-58, money and other federally available money related to natural resource management; and
(II) Covering the direct and indirect costs associated with issuing the grants
described in subsection (14)(a)(I) of this section.
(b) The board may adopt policies and procedures as necessary for
implementing a grant program necessary to award the grants described in subsection (14)(a) of this section.
(15) Notwithstanding subsections (13) and (14) of this section, on or after July
1, 2024, the board may use the money transferred pursuant to section 24-75-228 (2.5)(a)(IV) and (2.5)(a)(V) for any of the purposes specified in subsection (13) or (14) of this section.
Source: L. 71: p. 1344, � 2. C.R.S. 1963: � 149-1-21. L. 77: Entire section
amended, p. 1692, � 2, effective March 4. L. 80: (1) amended and (4) added, p. 698, � 2, effective May 2; (1) amended, p. 695, � 2, effective June 5. L. 81: (1) and (4) amended, p. 1769, � 3, effective June 16. L. 83: (5) added, p. 1522, � 7, effective March 22. L. 85: (4)(b) repealed, p. 1154, � 5, effective June 2. L. 86: (1)(b)(III) and (1)(b)(IV) amended, p. 1086, � 7, effective April 24; (6) added, p. 1119, � 19, effective July 1. L. 87: (6) amended and (7) added, p. 1296, �� 3, 4, effective July 13. L. 88: (4)(c) added, p. 1237, � 8, effective May 23; IP(6) amended, p. 1433, � 19, effective June 11. L. 89: IP(6) and (6)(b) to (6)(d) amended and (6)(e) and (6.1) added, pp. 1417, 1418, �� 1, 2, effective April 11. L. 90: IP(6) and (6)(c) to (6)(e) amended and (6)(f) added, p. 1619, � 1, effective April 3. L. 91: IP(6) and (6)(d) to (6)(f) amended, p. 2014, � 1, effective April 1. L. 91, 2nd Ex. Sess.: (1)(d) added, p. 103, � 1, effective October 11. L. 92: IP(6) and (6)(d) to (6)(f) amended, p. 2302, � 1, effective February 25; (1)(b)(I) and (1)(b)(II) amended, p. 2284, � 4, effective May 27. L. 93: (1)(b)(II) amended, p. 3, � 1, effective February 16; (1)(d) amended, p. 11, � 1, effective February 16; IP(6) and (6)(d) to (6)(f) amended, p. 1, � 1, effective February 16. L. 94: (2.5) added and (6)(d) to (6)(f) amended, p. 1371, � 1, effective May 25; (1)(b)(VII) amended, p. 1532, � 11, effective May 31. L. 95: (2.5)(a) and (6)(d)(II) amended, p. 383, � 11, effective May 4. L. 96: (1)(c) repealed, p. 1224, � 26, effective August 7. L. 98: (3) amended, p. 540, � 14, effective April 30; (8) added, p. 1003, � 3, effective May 27. L. 99: (2.5)(f) added, p. 846, � 15, effective May 24. L. 2001: (1)(b)(VII), IP(2.5)(a), IP(2.5)(b), (2.5)(c), (2.5)(d), (2.5)(e), (2.5)(f), IP(6), (6)(b), (6)(c), (6)(d)(II)(A), and (6)(d)(VII) amended, p. 690, � 27, effective May 30; (2.5)(c), (2.5)(e), and (6)(d)(IV) amended, p. 1277, � 49, effective June 5. L. 2002: (1)(b)(II), (1)(b)(IV), (1)(b)(V), and (3) amended and (6.1) repealed, pp. 457, 449, �� 31, 5, effective May 23; (2.5)(d) amended, p. 880, � 15, effective August 7; (5) repealed, p. 1006, � 2, effective August 7. L. 2003: (2.5), (3)(b), and (6)(d)(II)(B) amended, p. 1769, � 19, effective May 19; (2.5)(d) amended, p. 2015, � 113, effective May 22. L. 2006: (3)(b) amended, p. 954, � 6, effective July 1. L. 2009: (9) added, (SB 09-208), ch. 149, p. 627, � 33, effective April 20; (1)(b)(IV) amended, (SB 09-125), ch. 328, p. 1751, � 20, effective June 1. L. 2012, 1st Ex. Sess.: (4)(d) added, (SB 12S-002), ch. 1, p. 2419, � 16, effective May 19. L. 2015: (1)(b)(II) amended, (HB 15-1166), ch. 302, p. 1245, � 2, effective June 5; (10) added, (HB 15-1178), ch. 310, p. 1269, � 1, effective June 5. L. 2016: (1)(b)(II) amended, (SB 16-189), ch. 210, p. 791, � 100, effective June 6. L. 2017: (2.5)(d) amended, (HB 17-1257), ch. 254, p. 1066, � 11, effective August 9. L. 2019: (8) amended, (HB 19-1259), ch. 208, p. 2207, � 3, effective May 17. L. 2020: (1)(b)(VI) amended, (HB 20-1403), ch. 150, p. 650, � 18, effective June 29. L. 2021: (11) added, (SB 21-054), ch. 18, p. 96, � 3, effective March 21; (11) amended, (SB 21-240), ch. 237, p. 1245, � 1, effective June 15. L. 2022: (12) to (14) added, (HB 22-1379), ch. 306, p. 2211, � 2, effective June 2. L. 2024: (15) added, (HB 24-1435), ch. 275, p. 1832, � 17, effective May 29.
Editor's note: (1) Subsection (1)(d)(II) provided for the repeal of subsection
(1)(d), effective July 1, 1994. (See L. 93, p. 11.)
(2) Amendments to subsections (2.5)(c) and (2.5)(e) by Senate Bill 01-138 and
Senate Bill 01-157 were harmonized.
(3) Amendments to subsection (2.5)(d) by Senate Bill 03-110 and House Bill
03-1344 were harmonized.
(4) Subsection (4)(d)(II) provided for the repeal of subsection (4)(d), effective
June 30, 2013. (See L. 2012, 1st Ex. Sess., p. 2419.)
(5) Subsection (10)(d) provided for the repeal of subsection (10), effective
July 1, 2018. (See L. 2015, p. 1269.)
(6) Subsection (8)(b) provided for the repeal of subsection (8), effective July
1, 2021. (See L. 2019, p. 2207.)
Cross references: (1) For the legislative acknowledgment contained in the
1991 act amending this section, see section 2 of chapter 325, Session Laws of Colorado 1991.
(2) For the legislative declaration contained in the 1996 act repealing
subsection (1)(c), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration in HB 19-1259, see section 1 of chapter 208, Session Laws of Colorado 2019.
C.R.S. § 37-60-122
37-60-122. General assembly approval. (1) Money in the Colorado water conservation board construction fund shall be expended in the following manner and under the following circumstances:
(a) Repealed.
(b) The general assembly may authorize projects as it deems to be to the
advantage of the people of the state of Colorado and shall direct the board to proceed with the projects in the priorities established by the general assembly under terms approved by the general assembly. The board is authorized to make loans without general assembly approval in amounts not to exceed ten million dollars. The unappropriated balance of money in the Colorado water conservation board construction fund and the state severance tax perpetual base fund shall be available and continuously appropriated for this purpose. Notwithstanding section 24-1-136 (11)(a)(I), the board shall submit a written determination of the basis for the project loans to the general assembly by January 15 of the year following the year in which the loan was made.
(c) In order to determine the economic and engineering feasibility of any
project proposed to be constructed from funds provided in whole or in part from the Colorado water conservation board construction fund, the board shall cause a feasibility report to be prepared on such proposed project if, in the discretion of the board, it appears to qualify for consideration under section 37-60-119. The board may also cause a feasibility report to be prepared on any other water project proposed in this state whether funded by the Colorado water conservation board construction fund or by any other source or entity or federal or state agency, and the board shall cooperate with any such entity or federal or state agency in the planning of such project. The board shall also cause any feasibility study to be made at the direction of the general assembly. For all such feasibility investigations, the board is authorized to loan, grant, or otherwise expend on a continuing basis the moneys appropriated to the construction fund authorized by section 37-60-121, in accordance with policies adopted by the board.
(2) When a feasibility report prepared pursuant to paragraph (c) of
subsection (1) of this section is funded in part by an entity or agency other than the board, then the board may, at its discretion and subject to such procedures as it deems appropriate, have such entity or agency select an engineer to provide the professional services needed to prepare such report, notwithstanding the provisions of part 14 of article 30 of title 24, C.R.S.
(3) When design and construction of a project authorized pursuant to
paragraph (b) of subsection (1) of this section is funded in part by an entity or agency other than the board, then the board may, at its discretion and subject to such procedures as it deems appropriate, have such entity or agency select an engineer to provide the professional services needed for the construction management of the project, notwithstanding the provisions of part 14 of article 30 of title 24, C.R.S.
Source: L. 71: p. 1344, � 2. C.R.S. 1963: � 149-1-22. L. 74: (1)(b) amended, p.
443, � 1, effective March 21; (1)(d) added, p. 444, � 1, effective March 21. L. 79: (1)(a) to (1)(c) amended, p. 1362, � 2, effective July 1. L. 80: (1)(c) amended, p. 699, � 3, effective May 2. L. 81: (1)(c) amended, p. 1770, � 4, effective June 16. L. 85: (2) and (3) added, p. 1153, � 4, effective June 2. L. 92: (1)(a) amended, p. 2284, � 5, effective May 27. L. 93: (1)(a) and (1)(b) amended, p. 3, � 2, effective February 16. L. 96: (1)(a) repealed, p. 1224, � 27, effective August 7. L. 2002: IP(1) and (1)(b) amended, p. 453, � 20, effective May 23. L. 2003: (1)(b) amended, p. 1770, � 20, effective May 19. L. 2004: (1)(c) amended, p. 888, � 22, effective May 21. L. 2007: (1)(b) amended, p. 1519, � 22, effective May 31. L. 2013: (1)(b) amended, (SB 13-181), ch. 209, p. 871, � 17, effective May 13. L. 2017: IP(1) and (1)(b) amended, (HB 17-1257), ch. 254, p. 1066, � 12, effective August 9.
Cross references: For the legislative declaration contained in the 1996 act
repealing subsection (1)(a), see section 1 of chapter 237, Session Laws of Colorado 1996.
C.R.S. § 37-60-122.2
37-60-122.2. Fish and wildlife resources - legislative declaration - fund - authorization. (1) (a) The general assembly hereby recognizes the responsibility of the state for fish and wildlife resources found in and around state waters which are affected by the construction, operation, or maintenance of water diversion, delivery, or storage facilities. The general assembly hereby declares that such fish and wildlife resources are a matter of statewide concern and that impacts on such resources should be mitigated by the project applicants in a reasonable manner. It is the intent of the general assembly that fish and wildlife resources that are affected by the construction, operation, or maintenance of water diversion, delivery, or storage facilities should be mitigated to the extent, and in a manner, that is economically reasonable and maintains a balance between the development of the state's water resources and the protection of the state's fish and wildlife resources.
(b) Except as provided in this subsection (1)(b), the applicant for any water
diversion, delivery, or storage facility that requires an application for a permit, a license, or other approval from the United States, or that requires an application for an individual authorization from the division of administration in the department of public health and environment pursuant to section 25-8-205.1, shall inform the Colorado water conservation board, parks and wildlife commission, and division of parks and wildlife of its application and submit a mitigation proposal pursuant to this section. Exempted from such requirement are the Animas-La Plata project, the Two Forks dam and reservoir project, and the Homestake water project for which definite plan reports and final environmental impact statements have been approved or that are awaiting approval of the same; applicants for site-specific 404 federal dredge and fill permits or individual authorizations under section 25-8-205.1 (5)(a) for activities not requiring construction of a reservoir; and applicants for section 404 federal nationwide permits or general authorizations issued pursuant to section 25-8-205.1 (5)(b). If an applicant that is subject to this section and the commission agree upon a mitigation plan for the facility, the commission shall forward such agreement to the Colorado water conservation board, and the board shall adopt such agreement at its next meeting as the official state position on the mitigation actions required of the applicant. In all cases, the commission shall proceed expeditiously and, no later than sixty days after the applicant's notice, unless extended in writing by the applicant, make its evaluation regarding the probable impact of the proposed facility on fish and wildlife resources and their habitat and make its recommendation regarding such reasonable mitigation actions as may be needed.
(c) The commission's evaluation and proposed mitigation recommendation
shall be transmitted to the Colorado water conservation board. The board within sixty days, unless extended in writing by the applicant, shall either affirm the mitigation recommendation of the commission as the official state position or shall make modifications or additions thereto supported by a memorandum that sets out the basis for any changes made. Whenever modifications or additions are made by the board in the commission's mitigation recommendation, the governor, within sixty days, shall affirm or modify the mitigation recommendation which shall then be the official state position with respect to mitigation. The official state position, established pursuant to this subsection (1) shall be communicated to each federal, state, or other governmental agency from which the applicant must obtain a permit, license, or other approval.
(2) (a) Moneys transferred to the fish and wildlife resources fund pursuant to
the provisions of section 37-60-121 (6) are hereby continuously appropriated to the Colorado water conservation board for the purpose of making grants pursuant to this subsection (2) and for offsetting the direct and indirect costs of the board for administering the grants. The interest earned from the investment of the moneys in the fund shall be credited to the fund.
(b) To the extent that the cost of implementing the mitigation
recommendation made pursuant to subsection (1) of this section exceeds five percent of the costs of a water diversion, delivery, or storage facility, the board shall, upon the application of the applicant, make a mitigation grant to the applicant. The amount of the grant shall be sufficient to pay for the mitigation recommendation as determined by this section to the extent required above the applicant's five percent share. Any additional enhancement shall be at the discretion and within the means of the board. Under no circumstance shall the total amount of the grant exceed five percent of the construction costs of the project, or be disbursed in installments that exceed seventy percent of the amount of the grant during any fiscal year. Any mitigation cost in excess of ten percent of the construction costs of a project shall be borne by the applicant.
(c) An applicant may apply for an enhancement grant by submitting to the
commission and the board an enhancement proposal for enhancing fish and wildlife resources over and above the levels existing without such facilities. The commission shall submit its recommendations on the proposal to the board for its consideration. The board, with the concurrence of the commission, may award a grant for fish and wildlife enhancement. Any such enhancement grant will be shared equally by the Colorado water conservation board's fish and wildlife resources fund and the division of parks and wildlife's wildlife cash funds and other funds available to the division.
(d) For the purpose of this subsection (2), construction costs means the best
estimate of the physical construction costs as fixed by the Colorado water conservation board as of the date of the grant application. Costs should be limited to design, engineering and physical construction and will not include the costs of planning, financing, and environmental documentation, mitigation costs, legal expenses, site acquisition or water rights.
(e) Species recovery grants from the fish and wildlife resources fund may be
made for the purpose of responding to needs of declining native species and to those species protected under the federal Endangered Species Act of 1973, 16 U.S.C. sec. 1531, et seq., as amended, in a manner that will carry out the state water policy.
(f) (Deleted by amendment, L. 2001, p. 692, � 28, effective May 30, 2001.)
(3) Decisions relating to the official state mitigation position made pursuant
to paragraph (c) of subsection (1) of this section shall not be subject to judicial review.
(4) The board shall distribute mitigation and enhancement grants reasonably
and equitably among water basins toward the end that those projects sponsored by beneficiaries east of the continental divide receive fifty percent of the money granted and those projects sponsored by beneficiaries west of the continental divide receive fifty percent of the money granted under this section.
(5) The general assembly hereby recognizes the role instream flows and
river restoration projects play in mitigating the effects of the construction, operation, and maintenance of water diversion, delivery, and storage facilities. Therefore, the Colorado water conservation board and the operators of existing water diversion, delivery, or storage facilities projects are hereby authorized to apply directly to the board for moneys for projects to carry out the purposes of this section. The board is authorized to grant such moneys if it finds that such projects will further the purposes of this section.
Source: L. 87: Entire section added, p. 1297, � 5, effective July 13. L. 97: (1)(a)
and (2)(a) amended and (2)(e) added, p. 1600, � 1, effective June 4. L. 98: (2)(f) added, p. 1004, � 5, effective May 27. L. 99: (2)(a) amended, p. 628, � 36, effective August 4. L. 2001: (2)(a), (2)(c), (2)(e), and (2)(f) amended, p. 692, � 28, effective May 30. L. 2002: (5) added, p. 456, � 28, effective May 23. L. 2012: (1)(b) amended, (HB 12-1317), ch. 248, p. 1238, � 103, effective June 4. L. 2024: (1)(b) amended, (HB 24-1379), ch. 274, p. 1824, � 5, effective May 29.
C.R.S. § 37-60-122.5
37-60-122.5. Emergency dam repair cash fund. There is hereby created in the state treasury the emergency dam repair cash fund. The state treasurer is hereby authorized and directed to transfer money from the Colorado water conservation board construction fund to the emergency dam repair cash fund in such amounts and at such times as determined by the Colorado water conservation board. Such transfers must not exceed five hundred thousand dollars. The money in the emergency dam repair cash fund is continuously appropriated to the Colorado water conservation board and the division of water resources for the emergency repair of dams pursuant to section 37-87-108.5. All money collected by the state engineer pursuant to section 37-87-108.5 shall be transmitted to the state treasurer, who shall credit the money to the Colorado water conservation board construction fund. All interest derived from the investment of money in the emergency dam repair cash fund shall be credited to the Colorado water conservation board construction fund. Any balance remaining in the emergency dam repair cash fund at the end of any fiscal year remains in the fund.
Source: L. 92: Entire section added, p. 2307, � 10, effective June 3. L. 2001:
Entire section amended, p. 693, � 29, effective May 30. L. 2018: Entire section amended, (SB 18-218), ch. 336, p. 2019, � 25, effective May 30.
C.R.S. § 37-60-123.5
37-60-123.5. Agricultural emergency drought response. (1) If, pursuant to federal or state law, any portion of Colorado has received emergency drought designation or a disaster emergency has been proclaimed due to drought, notwithstanding the provisions of section 39-29-109 (1), C.R.S., in addition to any other moneys appropriated from the severance tax perpetual base fund, created by section 39-29-109 (2)(a), C.R.S., up to one million dollars in the severance tax perpetual base fund are continuously appropriated annually to the director of the Colorado water conservation board and the state engineer for use, in connection with the designation or proclamation, to make loans and grants to agricultural organizations for emergency drought-related water augmentation purposes.
(2) The director of the Colorado water conservation board and the state
engineer shall consult with the commissioner of agriculture and the executive director of the department of natural resources before making any loans or grants pursuant to this section. Within three months after the end of any fiscal year during which the spending authority created pursuant to this section is exercised, the director and the state engineer shall report to the general assembly regarding how such spending authority was exercised.
Source: L. 2002, 3rd Ex. Sess.: Entire section added, p. 54, � 1, effective
August 1. L. 2007: (1) amended, p. 1519, � 23, effective May 31. L. 2008: (1) amended, p. 1873, � 13, effective June 2. L. 2013: (1) amended, (SB 13-181), ch. 209, p. 873, � 23, effective May 13.
C.R.S. § 37-60-130
37-60-130. Well augmentation loans.
(1) (Deleted by amendment, L. 2004, p. 884, � 16, effective May 21, 2004.)
(2) The board is hereby authorized to make loans from unreserved cash in the
Colorado water conservation board construction fund to organizations or entities for the purchase of augmentation water or the rights to such water to replace out-of-priority depletions to surface water rights and to prevent material depletions of stateline flows that might result in violation of compacts or interstate decrees.
(3) The board shall approve or deny applications for loans based upon
criteria including, but not limited to, whether the:
(a) Source of augmentation water is from a reliable, permanent supply;
(b) Applicant has adequate security or collateral to assure repayment;
(c) Applicant has the ability to repay the loan at an interest rate and over a
period of time as set by the board;
(d) Applicant is able to collect payments for the augmented water from its
members;
(e) Loan will serve the needs of a broad group of users rather than a specific
user;
(f) Loan will assist in maintaining the agricultural viability of the area served;
(g) Applicant obtains commitments from its members that any such member
who fails to make payments in accordance with the loan agreement shall cease pumping water; and
(h) Applicant obtains commitments from its members to comply with any
rules or changes to rules as promulgated or amended by the state engineer that govern the measurement of groundwater withdrawals and the use of such groundwater.
(4) (a) The state engineer shall promptly and completely curtail the use of a
well by the owner of such well if such owner has accepted the benefit of a well augmentation loan and fails to make a payment required pursuant to the terms of subsection (3) of this section.
(b) This section shall apply regardless of whether the well owner accepts the
benefit of the well augmentation loan directly or through membership in a participating association or organization.
(c) Curtailment pursuant to this subsection (4) shall remain in effect for as
long as any payment remains past due.
Source: L. 95: Entire section added, p. 385, � 12, effective May 4. L. 97: (1)
and (2) amended, p. 830, � 17, effective May 21. L. 2001: (1), (2), (4)(a), and (4)(b) amended, p. 695, � 34, effective May 30. L. 2004: Entire section amended, p. 884, � 16, effective May 21.
C.R.S. § 37-60-134
37-60-134. Groundwater compact compliance and sustainability fund - creation - conservation district recommendations for expenditures - state engineer approval - legislative declaration - transfer - definitions - reports - notice to revisor of statutes - repeal. (1) The general assembly hereby:
(a) Finds and determines that:
(I) Groundwater well pumping in certain areas of the state provides the
principal source of irrigation water supply but consequently may reduce the quantity of groundwater in the aquifers and may impact the hydrogeology of connected surface streams, resulting in reduced streamflows that threaten senior water rights and the state's compliance with interstate compacts;
(II) Groundwater use is extensive in four of the eight major river basins in
Colorado, namely the Rio Grande, Republican, Arkansas, and South Platte river basins, and such groundwater use is closely tied to the agricultural economy in those areas;
(III) Previous United States supreme court litigation initiated in neighboring
states regarding compact compliance by the Rio Grande, Arkansas, and Republican river basins have involved complaints regarding the extent of groundwater use in those areas. Settlements of the lawsuits in the Rio Grande and Republican river basins resulted in the creation of water conservation districts to address groundwater management and conservation.
(IV) Despite the conservation districts' and the state's diligent efforts to
implement strategies to reduce groundwater use, including the creation of six groundwater management subdistricts in the Rio Grande river basin and the use of various federal, state, and local funding sources to incentivize the purchase and retirement of irrigated acreage, extensive groundwater use in the Rio Grande and Republican river basins continues to threaten aquifer sustainability, senior water rights, and compact compliance;
(V) As part of the efforts to reduce groundwater use, the state entered into a
stipulation with Kansas and Nebraska in 2016 in which the state agreed to retire twenty-five thousand acres of irrigated acreage in the Republican river basin by 2029, and, pursuant to standards for groundwater management set forth in section 37-92-501 (4), the groundwater management subdistrict number 1 created in the Rio Grande water conservation district is required to retire forty thousand acres of irrigated acreage by 2029;
(VI) To date, only about three thousand acres have been retired in the
Republican river basin and only about thirteen thousand acres have been retired in the Rio Grande river basin; and
(VII) If the acreage retirement requirements in the Rio Grande and
Republican river basins are not met, the state might be required to mandate groundwater use reductions for productive farmland in the basins to achieve compact compliance, thus threatening the agricultural economies in the river basins; and
(b) Declares that:
(I) Greater funding is needed to incentivize the retirement of irrigation wells
and irrigated acreage to comply with the groundwater use reduction requirements;
(II) To accelerate the state's progress in retiring irrigated acreage in the
Republican and Rio Grande river basins in order to meet state-mandated deadlines, a state fund should be created to provide financial incentives and assistance for the buying and retiring of irrigation wells and irrigated acreage in the basins;
(III) Such use of state money would also help promote conservation and
sustainability of groundwater resources in furtherance of the state water plan developed pursuant to section 37-60-106.3; and
(IV) The board should administer the fund and distribute money from the
fund based on recommendations of the board of directors of the Rio Grande water conservation district appointed pursuant to section 37-48-103 or the board of directors of the Republican river water conservation district appointed pursuant to section 37-50-104, which recommendations the state engineer should first review.
(2) The general assembly further finds and declares that:
(a) This section is intended to respond to the negative economic impacts
caused by the COVID-19 pandemic and resulting public health emergency by providing financial incentives for the voluntary retirement of irrigated acreage and wells in order to maintain interstate compact compliance and for the promotion of conservation and sustainability of groundwater resources in furtherance of the state water plan;
(b) Money allocated to the state pursuant to the American Rescue Plan Act
of 2021 and transferred to the groundwater compact compliance and sustainability fund created in subsection (3)(a) of this section may be used for the purposes of this section; and
(c) The compact compliance, groundwater resource sustainability, and
groundwater conservation purposes described in this section are important government services.
(3) (a) The groundwater compact compliance and sustainability fund is
hereby created in the state treasury and consists of money that the general assembly may appropriate or transfer to the fund; money that the state may receive from federal sources, including federal sources of stimulus funding or recovery funding; and any gifts, grants, or donations that the board seeks, accepts, and expends for the purposes set forth in this section. The money in the fund is subject to annual appropriation by the general assembly.
(b) The board shall administer the fund to implement the groundwater
compact compliance and sustainability purposes established in accordance with this section. The board may use up to five percent of the money annually appropriated to the fund to pay the board's direct and indirect costs, as well as the direct and indirect costs incurred by the Rio Grande water conservation district, the Republican river water conservation district, and the state engineer in implementing this section.
(4) The board may disburse money from the fund for purposes related to
compact compliance and groundwater resource sustainability and conservation, including the financing of programs directed at buying and retiring irrigated acreage to reduce groundwater use. The board of directors of the Rio Grande water conservation district and the board of directors of the Republican river water conservation district, in collaboration with the board and the state engineer, may each establish eligibility and application criteria for disbursement of money from the fund. Each board of directors shall post on its website any criteria established pursuant to this subsection (4).
(5) The board shall disburse money from the fund based on
recommendations from the board of directors of either the Rio Grande water conservation district or the Republican river water conservation district, which recommendations must first be approved by the state engineer.
(6) If all groundwater reduction requirements established by federal or state
court order or stipulation have been met and all statutorily mandated groundwater reduction standards have been achieved, this section will be repealed; except that this section shall not be repealed before January 1, 2025. The board shall notify the revisor of statutes in writing of the date when the conditions specified in this subsection (6) have occurred by emailing the notice to [email protected]. The board shall also send a copy of the notice to the state treasurer who, within three days after receiving the notice, shall transfer any money remaining in the fund to the general fund. This section is repealed, effective upon the date identified in the notice or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
(7) (a) For the 2022-23 state fiscal year, the general assembly shall
appropriate to the fund sixty million dollars from the economic recovery and relief cash fund created in section 24-75-228 (2)(a). The board may use the money appropriated for the purposes set forth in this section. Except as provided in subsection (7)(b) of this section, any money appropriated to the fund in the 2022-23 state fiscal year that is unobligated or unexpended at the end of the state fiscal year remains available for expenditure by the board in subsequent state fiscal years without further appropriation, subject to the requirements for obligating and expending money received under the American Rescue Plan Act of 2021, as specified in section 24-75-226 (4)(d).
(b) On August 15, 2024, if there is unobligated or unencumbered money in
the fund, the state treasurer shall:
(I) If the amount of unobligated or unencumbered money is twenty million
dollars or less, transfer all of the unobligated money to the water plan implementation account; or
(II) If the amount of unobligated or unencumbered money is greater than
twenty million dollars, transfer to the water plan implementation account twenty million dollars.
(8) (a) The board and any person that receives money from the board
pursuant to this section or section 37-60-123.3 (3) shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(b) Commencing in 2023, and for each year thereafter through 2027, as part
of its annual presentations to the general assembly under the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2, the department of natural resources shall report on how much money the board has expended under this section and if the board expects to expend the full sixty million dollars for the purposes set forth in this section or, if money is transferred to the water plan implementation account in 2024, if the board is on track to expend the full sixty million dollars for the purposes set forth in this section and the purposes set forth in section 37-60-123.3 (3).
(9) As used in this section, unless the context otherwise requires:
(a) American Rescue Plan Act of 2021 means the federal American
Rescue Plan Act of 2021, Pub.L. 117-2, as the act may be subsequently amended.
(b) COVID-19 means the coronavirus disease caused by the severe acute
respiratory syndrome coronavirus 2, also known as SARS-CoV-2.
(c) Fund means the groundwater compact compliance and sustainability
fund created in subsection (3)(a) of this section.
(d) Water plan implementation account means the water plan
implementation account created in section 37-60-123.3 (3)(b).
Source: L. 2022: Entire section added, (SB 22-028), ch. 211, p. 1396, � 1,
effective May 23. L. 2024: (7)(b) amended, (HB 24-1466), ch. 429, p. 2947, � 46, effective June 5.
Cross references: For the legislative declaration in HB 24-1466, see section 1
of chapter 429, Session Laws of Colorado 2024.
C.R.S. § 37-62-101
37-62-101. Upper Colorado River compact. The general assembly hereby ratifies the compact among the states of Colorado, New Mexico, Utah, Wyoming, and Arizona, designated as the Upper Colorado river basin compact and signed in the city of Santa Fe, state of New Mexico, on the 11th day of October, A. D. 1948, by Clifford H. Stone, commissioner for the state of Colorado, Fred E. Wilson, commissioner for the state of New Mexico, Edward H. Watson, commissioner for the state of Utah, L. C. Bishop, commissioner for the state of Wyoming, Charles A. Carson, commissioner for the state of Arizona, and approved by Harry W. Bashore, representative of the United States of America. Said compact is as follows:
Article I
(a) The major purposes of this compact are to provide for the equitable
division and apportionment of the use of the waters of the Colorado river system, the use of which was apportioned in perpetuity to the upper basin by the Colorado river compact; to establish the obligations of each state of the upper division with respect to the deliveries of water required to be made at Lee ferry by the Colorado river compact; to promote interstate comity; to remove causes of present and future controversies; to secure the expeditious agricultural and industrial development of the upper basin, the storage of water and to protect life and property from floods.
(b) It is recognized that the Colorado river compact is in full force and effect
and all of the provisions hereof are subject thereto.
Article II
As used in this compact:
(a) The term Colorado river system means that portion of the Colorado river
and its tributaries within the United States of America.
(b) The term Colorado river basin means all of the drainage area of the
Colorado river system and all other territory within the United States of America to which the waters of the Colorado river system shall be beneficially applied.
(c) The term states of the upper division means the states of Colorado,
New Mexico, Utah and Wyoming.
(d) The term states of the lower division means the states of Arizona,
California and Nevada.
(e) The term Lee ferry means a point in the main stream of the Colorado
river one mile below the mouth of the Paria river.
(f) The term upper basin means those parts of the states of Arizona,
Colorado, New Mexico, Utah and Wyoming within and from which waters naturally drain into the Colorado river system above Lee ferry, and also all parts of said states located without the drainage area of the Colorado river system which are now or shall hereafter be beneficially served by waters diverted from the Colorado river system above Lee ferry.
(g) The term lower basin means those parts of the states of Arizona,
California, Nevada, New Mexico and Utah within and from which waters naturally drain into the Colorado river system below Lee ferry, and also all parts of said states located without the drainage area of the Colorado river system which are now or shall hereafter be beneficially served by waters diverted from the Colorado river system below Lee ferry.
(h) The term Colorado river compact means the agreement concerning the
apportionment of the use of the waters of the Colorado river system dated November 24, 1922, executed by commissioners for the states of Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming, approved by Herbert Hoover, representative of the United States of America, and proclaimed effective by the President of the United States of America, June 25, 1929.
(i) The term Upper Colorado river system means that portion of the
Colorado river system above Lee ferry.
(j) The term Commission means the administrative agency created by
article VIII of this compact.
(k) The term water year means that period of twelve months ending
September 30 of each year.
(l) The term acre-foot means the quantity of water required to cover an
acre to the depth of one foot and is equivalent to 43,560 cubic feet.
(m) The term domestic use shall include the use of water for household,
stock, municipal, mining, milling, industrial and other like purposes, but shall exclude the generation of electrical power.
(n) The term virgin flow means the flow of any stream undepleted by the
activities of man.
Article III
(a) Subject to the provisions and limitations contained in the Colorado river
compact and in this compact, there is hereby apportioned from the upper Colorado river system in perpetuity to the states of Arizona, Colorado, New Mexico, Utah and Wyoming, respectively, the consumptive use of water as follows:
(1) To the state of Arizona the consumptive use of 50,000 acre-feet of water
per annum.
(2) To the states of Colorado, New Mexico, Utah and Wyoming, respectively,
the consumptive use per annum of the quantities resulting from the application of the following percentages to the total quantity of consumptive use per annum appropriated in perpetuity to and available for use each year by upper basin under the Colorado river compact and remaining after the deduction of the use, not to exceed 50,000 acre-feet per annum, made in the state of Arizona.
State of Colorado51.75 per cent,
State of New Mexico11.25 per cent,
State of Utah23.00 per cent,
State of Wyoming14.00 per cent.
(b) The apportionment made to the respective states by paragraph (a) of this
article is based upon, and shall be applied in conformity with, the following principles and each of them:
(1) The apportionment is of any and all man-made depletions;
(2) Beneficial use is the basis, the measure and the limit of the right to use;
(3) No state shall exceed the apportioned use in any water year when the
effect of such excess use, as determined by the commission, is to deprive another signatory state of its apportioned use during the water year; provided, that this subparagraph (b)(3) shall not be construed as:
(i) Altering the apportionment of use, or obligations to make deliveries as
provided in article XI, XII, XIII or XIV of this compact;
(ii) Purporting to apportion among the signatory states of such uses of water
as the upper basin may be entitled to under paragraphs (f) and (g) of article III of the Colorado river compact; or
(iii) Countenancing average uses by any signatory state in excess of its
apportionment.
(4) The apportionment to each state includes all water necessary for the
supply of any rights which now exist.
(c) No apportionment is hereby made, or intended to be made of such use of
water as the upper basin may be entitled to under paragraphs (f) and (g) of article III of the Colorado river compact.
(d) The apportionment made by this article shall not be taken as any basis for
the allocation among the signatory states of any benefits resulting from the generation of power.
Article IV
In the event curtailment of use of water by the states of the upper division at
any time shall become necessary in order that the flow at Lee ferry shall not be depleted below that required by article III of the Colorado river compact, the extent of curtailment by each state of the consumptive use of water apportioned to it by article III of this compact shall be in such quantities and at such times as shall be determined by the commission upon the application of the following principles:
(a) The extent and times of curtailment shall be such as to assure full
compliance with article III of the Colorado river compact;
(b) If any state or states of the upper division, in the ten years immediately
preceding the water year in which curtailment is necessary, shall have consumptively used more water than it was or they were, as the case may be, entitled to use under the apportionment made by article III of this compact, such state or states shall be required to supply at Lee ferry a quantity of water equal to its, or the aggregate of their, overdraft or the proportionate part of such overdraft, as may be necessary to assure compliance with article III of the Colorado river compact, before demand is made on any other state of the upper division;
(c) Except as provided in subparagraph (b) of this article, the extent of
curtailment by each state of the upper division of the consumptive use of water apportioned to it by article III of this compact shall be such as to result in the delivery at Lee ferry of a quantity of water which bears the same relation to the total required curtailment of use by the states of the upper division as the consumptive use of the upper Colorado river system water which was made by each such state during the water year immediately preceding the year in which the curtailment becomes necessary bears to the total consumptive use of such water in the states of the upper division during the same water year; provided, that in determining such relation the uses of water under rights perfected prior to November 24, 1922, shall be excluded.
Article V
(a) All losses of water occurring from or as the result of the storage of water
in reservoirs constructed prior to the signing of this compact shall be charged to the state in which such reservoir or reservoirs are located. Water stored in reservoirs covered by this paragraph (a) shall be for the exclusive use of and shall be charged to the state in which the reservoir or reservoirs are located.
(b) All losses of water occurring from or as a result of the storage of water in
reservoirs constructed after the signing of this compact shall be charged as follows:
(1) If the commission finds that the reservoir is used, in whole or in part, to
assist the states of the upper division in meeting their obligations to deliver water at Lee ferry imposed by article III of the Colorado river compact, the commission shall make findings, which in no event shall be contrary to the laws of the United States of America under which any reservoir is constructed, as to the reservoir capacity allocated for that purpose. The whole or that proportion, as the case may be, of reservoir losses as found by the commission to be reasonably and properly chargeable to the reservoir or reservoir capacity utilized to assure deliveries at Lee ferry shall be charged to the states of the upper division in the proportion which the consumptive use of water in each state of the upper division during the water year in which the charge is made bears to the total consumptive use of water in all states of the upper division during the same water year. Water stored in reservoirs or in reservoir capacity covered by this subparagraph (b)(1) shall be for the common benefit of all of the states of the upper division.
(2) If the commission finds that the reservoir is used, in whole or in part, to
supply water for use in a state of the upper division, the commission shall make findings, which in no event shall be contrary to the laws of the United States of America under which any reservoir is constructed, as to the reservoir or reservoir capacity utilized to supply water for use and the state in which such water will be used. The whole or that proportion, as the case may be, of reservoir losses as found by the commission to be reasonably and properly chargeable to the state in which such water will be used shall be borne by that state. As determined by the commission, water stored in reservoirs covered by this subparagraph (b)(2) shall be earmarked for and charged to the state in which the water will be used.
(c) In the event the commission finds that a reservoir site is available both to
assure deliveries at Lee ferry and to store water for consumptive use in a state of the upper division, the storage of water for consumptive use shall be given preference. Any reservoir or reservoir capacity hereafter used to assure deliveries at Lee ferry shall by order of the commission be used to store water for consumptive use in a state, provided the commission finds that such storage is reasonably necessary to permit such state to make the use of the water apportioned to it by this compact.
Article VI
The commission shall determine the quantity of the consumptive use of
water, which use is apportioned by article III hereof, for the upper basin and for each state of the upper basin by the inflow-outflow method in terms of man-made depletions of the virgin flow at Lee ferry, unless the commission, by unanimous action, shall adopt a different method of determination.
Article VII
The consumptive use of water by the United States of America or any of its
agencies, instrumentalities or wards shall be charged as a use by the state in which the use is made; provided, that such consumptive use incident to the diversion, impounding, or conveyance of water in one state for use in another shall be charged to such latter state.
Article VIII
(a) There is hereby created an interstate administrative agency to be known
as the Upper Colorado river commission. The commission shall be composed of one commissioner representing each of the states of the upper division, namely, the states of Colorado, New Mexico, Utah and Wyoming, designated or appointed in accordance with the laws of each such state and, if designated by the President, one commissioner representing the United States of America. The President is hereby requested to designate a commissioner. If so designated the commissioner representing the United States of America shall be the presiding officer of the commission and shall be entitled to the same powers and rights as the commissioner of any state. Any four members of the commission shall constitute a quorum.
(b) The salaries and personal expenses of each commissioner shall be paid
by the government which he represents. All other expenses which are incurred by the commission incident to the administration of this compact, and which are not paid by the United States of America, shall be borne by the four states according to the percentage of consumptive use apportioned to each. On or before December 1 of each year, the commission shall adopt and transmit to the governors of the four states and to the President a budget covering an estimate of its expenses for the following year, and of the amount payable by each state. Each state shall pay the amount due by it to the commission on or before April 1 of the year following. The payment of the expenses of the commission and of its employees shall not be subject to the audit and accounting procedures of any of the four states; however, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified independent public accountant and the report of the audit shall be included in and become a part of the annual report of the commission.
(c) The commission shall appoint a secretary, who shall not be a member of
the commission, or an employee of any signatory state or of the United States of America while so acting. He shall serve for such term and receive such salary and perform such duties as the commission may direct. The commission may employ such engineering, legal, clerical and other personnel as, in its judgment, may be necessary for the performance of its functions under this compact. In the hiring of employees, the commission shall not be bound by the civil service laws of any state.
(d) The commission, so far as consistent with this compact, shall have the
power to:
(1) Adopt rules and regulations;
(2) Locate, establish, construct, abandon, operate and maintain water
gauging stations;
(3) Make estimates to forecast water run-off on the Colorado river and any
of its tributaries;
(4) Engage in co-operative studies of water supplies of the Colorado river
and its tributaries;
(5) Collect, analyze, correlate, preserve and report on data as to the stream
flows, storage, diversions and use of the waters of the Colorado river, and any of its tributaries;
(6) Make findings as to the quantity of water of the upper Colorado river
system used each year in the upper Colorado river basin and in each state thereof;
(7) Make findings as to the quantity of water deliveries at Lee ferry during
each water year;
(8) Make findings as to the necessity for and the extent of the curtailment of
use, required, if any, pursuant to article IV hereof;
(9) Make findings as to the quantity of reservoir losses and as to the share
thereof chargeable under article V hereof to each of the states;
(10) Make findings of fact in the event of the occurrence of extraordinary
drought or serious accident to the irrigation system in the upper basin, whereby deliveries by the upper basin of water which it may be required to deliver in order to aid in fulfilling obligations of the United States of America to the United Mexican States arising under the treaty between the United States of America and the United Mexican States, dated February 3, 1944 (Treaty Series 994) become difficult, and report such findings to the governors of the upper basin states, the President of the United States of America, the United States section of the international boundary and water commission, and such other federal officials and agencies as it may deem appropriate to the end that the water allotted to Mexico under division III of such treaty may be reduced in accordance with the terms of such treaty;
(11) Acquire and hold such personal and real property as may be necessary
for the performance of its duties hereunder and to dispose of the same when no longer required;
(12) Perform all functions required of it by this compact and do all things
necessary, proper or convenient in the performance of its duties hereunder, either independently or in co-operation with any state or federal agency;
(13) Make and transmit annually to the governors of the signatory states and
the President of the United States of America, with the estimated budget, a report covering the activities of the commission for the preceding water year.
(e) Except as otherwise provided in this compact the concurrence of four
members of the commission shall be required in any action taken by it.
(f) The commission and its secretary shall make available to the governor of
each of the signatory states any information within its possession at any time, and shall always provide free access to its records by the governors of each of the states, or their representatives or authorized representatives of the United States of America.
(g) Findings of fact made by the commission shall not be conclusive in any
court, or before any agency or tribunal, but shall constitute prima facie evidence of the facts found.
(h) The organization meeting of the commission shall be held within four
months from the effective date of this compact.
Article IX
(a) No state shall deny the right of the United States of America and, subject
to the conditions hereinafter contained, no state shall deny the right of another signatory state, any person, or entity of any signatory state to acquire rights to the use of water, or to construct or participate in the construction and use of diversion works and storage reservoirs with appurtenant works, canals and conduits in one state for the purpose of diverting, conveying, storing, regulating and releasing water to satisfy the provisions of the Colorado river compact relating to the obligation of the states of the upper division to make deliveries of water at Lee ferry, or for the purpose of diverting, conveying, storing or regulating water in an upper signatory state for consumptive use in a lower signatory state, when such use is within the apportionment to such lower state made by this compact. Such rights shall be subject to the rights of water users, in a state in which such reservoir or works are located, to receive and use water, the use of which is within the apportionment to such state by this compact.
(b) Any signatory state, any person or any entity of any signatory state shall
have the right to acquire such property rights as are necessary to the use of water in conformity with this compact in any other signatory state by donation, purchase or through the exercise of the power of eminent domain. Any signatory state, upon the written request of the governor of any other signatory state, for the benefit of whose water users property is to be acquired in the state to which such written request is made, shall proceed expeditiously to acquire the desired property either by purchase at a price satisfactory to the requesting state, or, if such purchase cannot be made, then through the exercise of its power of eminent domain and shall convey such property to the requesting state or such entity as may be designated by the requesting state; provided, that all costs of acquisition and expenses of every kind and nature whatsoever incurred in obtaining the requested property shall be paid by the requesting state at the time and in the manner prescribed by the state requested to acquire the property.
(c) Should any facility be constructed in a signatory state by and for the
benefit of another signatory state or states or the water users thereof, as above provided, the construction, repair, replacement, maintenance and operation of such facility shall be subject to the laws of the state in which the facility is located, except that, in the case of a reservoir constructed in one state for the benefit of another state or states, the water administration officials of the state in which the facility is located shall permit the storage and release of any water which, as determined by findings of the commission, falls within the apportionment of the state or states for whose benefit the facility is constructed. In the case of a regulating reservoir for the joint benefit of all states in making Lee ferry deliveries, the water administration officials of the state in which the facility is located, in permitting the storage and release of water, shall comply with the findings and orders of the commission.
(d) In the event property is acquired by a signatory state in another signatory
state for the use and benefit of the former, the users of water made available by such facilities, as a condition precedent to the use thereof, shall pay to the political subdivisions of the state in which such works are located, each and every year during which such rights are enjoyed for such purposes, a sum of money equivalent to the average annual amount of taxes levied and assessed against the land and improvements thereon during the ten years preceding the acquisition of such land. Said payments shall be in full reimbursement for the loss of taxes in such political subdivisions of the state, and in lieu of any and all taxes on said property, improvements and rights. The signatory states recommend to the President and the congress that, in the event the United States of America shall acquire property in one of the signatory states for the benefit of another signatory state, or its water users, provision be made for like payment in reimbursement of loss of taxes.
Article X
(a) The signatory states recognize La Plata river compact entered into
between the states of Colorado and New Mexico, dated November 27, 1922, approved by the congress on January 29, 1925 (43 Stat. 796), and this compact shall not affect the apportionment therein made.
(b) All consumptive use of water of La Plata river and its tributaries shall be
charged under the apportionment of article III hereof to the state in which the use is made; provided, that consumptive use incident to the diversion, impounding or conveyance of water in one state for use in the other shall be charged to the latter state.
Article XI
Subject to the provisions of this compact, the consumptive use of the water
of the Little Snake river and its tributaries is hereby apportioned between the states of Colorado and Wyoming in such quantities as shall result from the application of the following principles and procedures:
(a) Water used under rights existing prior to the signing of this compact.
(1) Water diverted from any tributary of the Little Snake river or from the
main stem of the Little Snake river above a point one hundred feet above the confluence of Savery creek and the Little Snake river shall be administered without regard to rights covering the diversion of water from any down-stream points.
(2) Water diverted from the main stem of the Little Snake river below a point
one hundred feet below the confluence of Savery creek and the Little Snake river shall be administered on the basis of an interstate priority schedule prepared by the commission in conformity with priority dates established by the laws of the respective states.
(b) Water used under rights initiated subsequent to the signing of this
compact.
(1) Direct flow diversions shall be so administered that, in time of shortage,
the curtailment of use on each acre of land irrigated thereunder shall be as nearly equal as may be possible in both of the states.
(2) The storage of water by projects located in either state, whether of
supplemental supply or of water used to irrigate land not irrigated at the date of the signing of this compact, shall be so administered that in times of water shortage the curtailment of storage of water available for each acre of land irrigated thereunder shall be as nearly equal as may be possible in both states.
(c) Water users under the apportionment made by this article shall be in
accordance with the principle that beneficial use shall be the basis, measure and limit of the right to use.
(d) The states of Colorado and Wyoming each assent to diversions and
storage of water in one state for use in the other state, subject to compliance with article IX of this compact.
(e) In the event of the importation of water to the Little Snake river basin
from any other river basin, the state making the importation shall have the exclusive use of such imported water unless by written agreement, made by the representatives of the states of Colorado and Wyoming on the commission, it is otherwise provided.
(f) Water use projects initiated after the signing of this compact, to the
greatest extent possible, shall permit the full use within the basin in the most feasible manner of the waters of the Little Snake river and its tributaries, without regard to the state line; and, so far as is practicable, shall result in an equal division between the states of the use of water not used under rights existing prior to the signing of this compact.
(g) All consumptive use of the waters of the Little Snake river and its
tributaries shall be charged under the apportionment of article III hereof to the state in which the use is made; provided, that consumptive use incident to the diversion, impounding or conveyance of water in one state for use in the other shall be charged to the latter state.
Article XII
Subject to the provisions of this compact, the consumptive use of the waters
of Henry's fork, a tributary of Green river originating in the state of Utah and flowing into the state of Wyoming and thence into the Green river in the state of Utah; Beaver creek, originating in the state of Utah and flowing into Henry's fork in the state of Wyoming; Burnt fork, a tributary of Henry's fork, originating in the state of Utah and flowing into Henry's fork in the state of Wyoming; Birch creek, a tributary of Henry's fork originating in the state of Utah and flowing into Henry's fork in the state of Wyoming; and Sheep creek, a tributary of Green river in the state of Utah and their tributaries, are hereby apportioned between the states of Utah and Wyoming in such quantities as will result from the application of the following principles and procedures:
(a) Waters used under rights existing prior to the signing of this compact.
Waters diverted from Henry's fork, Beaver creek, Burnt fork, Birch creek and
their tributaries, shall be administered without regard to the state line on the basis of an interstate priority schedule to be prepared by the states affected and approved by the commission in conformity with the actual priority of right of use, the water requirements of the land irrigated and the acreage irrigated in connection therewith.
(b) Waters used under rights from Henry's fork, Beaver creek, Burnt fork,
Birch creek and their tributaries, initiated after the signing of this compact shall be divided fifty per cent to the state of Wyoming and fifty per cent to the state of Utah and each state may use said waters as and where it deems advisable.
(c) The state of Wyoming assents to the exclusive use by the state of Utah of
the water of Sheep creek, except that the lands, if any, presently irrigated in the state of Wyoming from the water of Sheep creek shall be supplied with water from Sheep creek in order of priority and in such quantities as are in conformity with the laws of the state of Utah.
(d) In the event of the importation of water to Henry's fork, or any of its
tributaries, from any other river basin, the state making the importation shall have the exclusive use of such imported water unless by written agreement made by the representatives of the states of Utah and Wyoming on the commission, it is otherwise provided.
(e) All consumptive use of waters of Henry's fork, Beaver creek, Burnt fork,
Birch creek, Sheep creek, and their tributaries shall be charged under the apportionment of article III hereof to the state in which the use is made; provided, that consumptive use incident to the diversion, impounding or conveyance of water in one state for use in the other shall be charged to the latter state.
(f) The states of Utah and Wyoming each assent to the diversion and storage
of water in one state for use in the other state, subject to compliance with article IX of this compact. It shall be the duty of the water administrative officials of the state where the water is stored to release said stored water to the other state upon demand. If either the state of Utah or the state of Wyoming shall construct a reservoir in the other state for use in its own state, the water users of the state in which said facilities are constructed may purchase at cost a portion of the capacity of said reservoir sufficient for the irrigation of their lands thereunder.
(g) In order to measure the flow of water diverted, each state shall cause
suitable measuring devices to be constructed, maintained and operated at or near the point of diversion into each ditch.
(h) The state engineers of the two states jointly shall appoint a special water
commissioner who shall have authority to administer the water in both states in accordance with the terms of this article. The salary and expenses of such special water commissioner shall be paid, thirty per cent by the state of Utah and seventy per cent by the state of Wyoming.
Article XIII
Subject to the provisions of this compact, the rights to the consumptive use
of the water of the Yampa river, a tributary entering the Green river in the state of Colorado, are hereby apportioned between the states of Colorado and Utah in accordance with the following principles:
(a) The state of Colorado will not cause the flow of the Yampa river at the
Maybell gauging station to be depleted below an aggregate of 5,000,000 acre-feet for any period of ten consecutive years reckoned in continuing progressive series beginning with the first day of October next succeeding the ratification and approval of this compact. In the event any diversion is made from the Yampa river or from tributaries entering the Yampa river above the Maybell gauging station for the benefit of any water use project in the state of Utah, then the gross amount of all such diversions for use in the state of Utah, less any returns from such diversions to the river above Maybell, shall be added to the actual flow at the Maybell gauging station to determine the total flow at the Maybell gauging station.
(b) All consumptive use of the waters of the Yampa river and its tributaries
shall be charged under the apportionment of article III hereof to the state in which the use is made; provided, that consumptive use incident to the diversion, impounding or conveyance of water in one state for use in the other shall be charged to the latter state.
Article XIV
Subject to the provisions of this compact, the consumptive use of the waters
of the San Juan river and its tributaries is hereby apportioned between the states of Colorado and New Mexico as follows:
The state of Colorado agrees to deliver to the state of New Mexico from the
San Juan river and its tributaries which rise in the state of Colorado a quantity of water which shall be sufficient, together with water originating in the San Juan basin in the state of New Mexico, to enable the state of New Mexico to make full use of the water apportioned to the state of New Mexico by article III of this compact, subject, however, to the following:
(a) A first and prior right shall be recognized as to:
(1) All uses of water made in either state at the time of the signing of this
compact; and
(2) All uses of water contemplated by projects authorized, at the time of the
signing of this compact under the laws of the United States of America whether or not such projects are eventually constructed by the United States of America or by some other entity.
(b) The state of Colorado assents to diversions and storage of water in the
state of Colorado for use in the state of New Mexico, subject to compliance with article IX of this compact.
(c) The uses of the waters of the San Juan river and any of its tributaries
within either state which are dependent upon a common source of water and which are not covered by (a) hereof, shall in times of water shortages be reduced in such quantity that the resulting consumptive use in each state will bear the same proportionate relation to the consumptive use made in each state during times of average water supply as determined by the commission; provided, that any preferential uses of water to which Indians are entitled under article XIX shall be excluded in determining the amount of curtailment to be made under this paragraph.
(d) The curtailment of water use by either state in order to make deliveries at
Lee ferry as required by article IV of this compact shall be independent of any and all conditions imposed by this article and shall be made by each state, as and when required, without regard to any provision of this article.
(e) All consumptive use of the waters of the San Juan river and its tributaries
shall be charged under the apportionment of article III hereof to the state in which the use is made; provided, that consumptive use incident to the diversion, impounding or conveyance of water in one state for use in the other shall be charged to the latter state.
Article XV
(a) Subject to the provisions of the Colorado river compact and of this
compact, water of the upper Colorado river system may be impounded and used for the generation of electrical power, but such impounding and use shall be subservient to the use and consumption of such water for agricultural and domestic purposes and shall not interfere with or prevent use for such dominant purposes.
(b) The provisions of this compact shall not apply to or interfere with the
right or power of any signatory state to regulate within its boundaries the appropriation, use and control of water, the consumptive use of which is apportioned and available to such state by this compact.
Article XVI
The failure of any state to use the water, or any part thereof, the use of which
is apportioned to it under the terms of this compact, shall not constitute a relinquishment of the right to such use to the lower basin or to any other state, nor shall it constitute a forfeiture or abandonment of the right to such use.
Article XVII
The use of any water now or hereafter imported into the natural drainage
basin of the upper Colorado river system shall not be charged to any state under the apportionment of consumptive use made by this compact.
Article XVIII
(a) The state of Arizona reserves its rights and interest under the Colorado
river compact as a state of the lower division and as a state of the lower basin.
(b) The state of New Mexico and the state of Utah reserve their respective
rights and interests under the Colorado river compact as states of the lower basin.
Article XIX
Nothing in this compact shall be construed as:
(a) Affecting the obligations of the United States of America to Indian tribes;
(b) Affecting the obligations of the United States of America under the
treaty with the United Mexican States (Treaty Series 994);
(c) Affecting any rights or powers of the United States of America, its
agencies or instrumentalities, in or to the waters of the upper Colorado river system, or its capacity to acquire rights in and to the use of said water;
(d) Subjecting any property of the United States of America, its agencies or
instrumentalities, to taxation by any state or subdivision thereof, or creating any obligation on the part of the United States of America, its agencies or instrumentalities, by reason of the acquisition, construction or operation of any property or works of whatever kind, to make any payment to any state or political subdivision thereof, state agency, municipality or entity whatsoever, in reimbursement for the loss of taxes;
(e) Subjecting any property of the United States of America, its agencies or
instrumentalities, to the laws of any state to an extent other than the extent to which such laws would apply without regard to this compact.
Article XX
This compact may be terminated at any time by the unanimous agreement of
the signatory states. In the event of such termination, all rights established under it shall continue unimpaired.
Article XXI
This compact shall become binding and obligatory when it shall have been
ratified by the legislatures of each of the signatory states and approved by the congress of the United States of America. Notice of ratification by the legislatures of the signatory states shall be given by the governor of each signatory state to the governor of each of the other signatory states and to the President of the United States of America, and the President is hereby requested to give notice to the governor of each of the signatory states of approval by the congress of the United States of America.
IN WITNESS WHEREOF, the commissioners have executed six counterparts
hereof each of which shall be and constitute an original, one of which shall be deposited in the archives of the department of state of the United States of America, and one of which shall be forwarded to the governor of each of the signatory states.
Done at the city of Santa Fe, state of New Mexico, this 11th day of October,
1948.
Charles A. Carlson,
Commissioner for the
State of Arizona.
Clifford H. Stone,
Commissioner for the
State of Colorado.
Fred E. Wilson,
Commissioner for the
State of New Mexico.
Edward H. Watson,
Commissioner for the
State of Utah.
L. C. Bishop,
Commissioner for the
State of Wyoming.
Grover A. Giles,
Secretary.
Approved:
Harry W. Bashore,
Representative of the
United States of America.
Source: L. 49: p. 498, � 1. CSA: C. 90, � 64(1). CRS 53: � 148-8-1. C.R.S. 1963:
� 149-8-1.
C.R.S. § 37-63-101
37-63-101. The La Plata River compact. The General Assembly hereby approves the compact, designated as the La Plata River Compact, signed at the City of Santa Fe, State of New Mexico, on the 27th day of November, A. D. 1922, by Delph E. Carpenter as the Commissioner for the State of Colorado, under authority of and in conformity with the provisions of an Act of the General Assembly of the State of Colorado, approved April 2, 1921, entitled An Act providing for the appointment of a commissioner on behalf of the State of Colorado to negotiate a compact or agreement between the States of Colorado and New Mexico respecting the use and distribution of the waters of the La Plata River and the rights of said States thereto, and making an appropriation therefor., the same being Chapter 244 of the Session Laws of Colorado, 1921, and signed by Stephen B. Davis, Jr., as the Commissioner for the State of New Mexico, under legislative authority, which said compact is as follows:
La Plata River Compact
The State of Colorado and the State of New Mexico, desiring to provide for
the equitable distribution of the waters of the La Plata River and to remove all causes of present and future controversy between them with respect thereto, and being moved by considerations of interstate comity, pursuant to Acts of their respective Legislatures, have resolved to conclude a compact for these purposes and have named as their commissioners:
Delph E. Carpenter, for the State of Colorado; and Stephen B. Davis, Jr., for
the State of New Mexico; who have agreed upon the following Articles:
Article I
The State of Colorado, at its own expense, shall establish and maintain two
permanent stream-gauging stations upon the La Plata River for the purpose of measuring and recording its flow, which shall be known as the Hesperus Station and the Interstate Station, respectively.
The Hesperus Station shall be located at some convenient place near the
village of Hesperus, Colorado. Suitable devices for ascertaining and recording the volume of all diversions from the river above Hesperus Station, shall be established and maintained (without expense to the State of New Mexico), and whenever in this compact reference is made to the flow of the river at Hesperus Station, it shall be construed to include the amount of the concurrent diversions above said station.
The Interstate Station shall be located at some convenient place within one
mile of, and above or below, the interstate line. Suitable devices for ascertaining and recording the volume of water diverted by the Enterprise and Pioneer Canals, now serving approximately equal areas in both States, shall be established and maintained (without expense to the State of New Mexico), and whenever in this compact reference is made to the flow of the river at the Interstate Station, it shall be construed to include one-half the volume of the concurrent diversions by such canals, and also the volume of any other water which may hereafter be diverted from said river in Colorado for use in New Mexico.
Each of said stations shall be equipped with suitable devices for recording
the flow of water in said river at all times between the 15th day of February and the 1st day of December of each year. The State Engineers of the signatory States shall make provision for co-operating gauging at the two stations, for the details of the operation, exchange of records and data, and publication of the facts.
Article II
The waters of the La Plata River are hereby equitably apportioned between
the signatory States, including the citizens thereof, as follows:
1. At all times between the first day of December and the fifteenth day of the
succeeding February, each State shall have the unrestricted right to use of all water which may flow within its boundaries.
2. By reason of the usual annual rise and fall, the flow of said river between
the fifteenth day of February and the first day of December of each year, shall be apportioned between the States in the following manner:
(a) Each State shall have the unrestricted right to use all the waters within
its boundaries on each day when the mean daily flow at the Interstate Station is one hundred cubic feet per second, or more.
(b) On all other days the State of Colorado shall deliver at the Interstate
Station a quantity of water equivalent to one-half of the mean flow at the Hesperus Station for the preceding day, but not to exceed one hundred cubic feet per second.
3. Whenever the flow of the river is so low that in the judgment of the State
Engineers of the States, the greatest beneficial use of its waters may be secured by distributing all of its waters successively to the land in each State in alternating periods, in lieu of delivery of water as provided in the second paragraph of this article the use of the waters may be so rotated between the two States in such manner for such periods, and to continue for such time as the State Engineers may jointly determine.
4. The State of New Mexico shall not at any time be entitled to receive nor
shall the State of Colorado be required to deliver any water not then necessary for beneficial use in the State of New Mexico.
5. A substantial delivery of water under the terms of this Article shall be
deemed a compliance with its provisions and minor and compensating irregularities in flow or delivery shall be disregarded.
Article III
The State Engineers of the States by agreement, from time to time, may
formulate rules and regulations for carrying out the provisions of this compact, which, when signed and promulgated by them, shall be binding until amended by agreement between them or until terminated by written notice from one to the other.
Article IV
Whenever any official of either State is designated to perform any duty under
this compact, such designation shall be interpreted to include the State official or officials upon whom the duties now performed by such official may hereafter devolve.
Article V
The physical and other conditions peculiar to the La Plata River and the
territory drained and served thereby constitute the basis for this compact, and neither of the signatory States concedes the establishment of any general principle or precedent by the concluding of this compact.
Article VI
This compact may be modified or terminated at any time by mutual consent
of the signatory States and upon such termination all rights then established hereunder shall continue unimpaired.
Article VII
This compact shall become operative when approved by the Legislature of
each of the signatory States and by the Congress of the United States. Notice of approval by the Legislatures shall be given by the Governor of each State to the Governor of the other State, and the President of the United States is requested to give notice to the Governors of the signatory States of approval by the Congress of the United States.
IN WITNESS WHEREOF, The commissioners have signed this compact in
duplicate originals, one of which shall be deposited with the Secretary of State of each of the signatory States.
Done at the city of Santa Fe, in the State of New Mexico, this 27th day of
November, in the year of our Lord One Thousand Nine Hundred and Twenty-Two.
Delph E. Carpenter,
Stephen B. Davis, Jr.
Source: L. 23: p. 696, � 1. CSA: omitted. CRS 53: � 148-3-1. C.R.S. 1963: �
149-3-1.
C.R.S. § 37-65-101
37-65-101. South Platte River compact. The General Assembly hereby approves the compact, designated as the South Platte River Compact, between the states of Colorado and Nebraska, signed at the City of Lincoln, State of Nebraska, on the 27th day of April, A.D. 1923, by Delph E. Carpenter as the Commissioner for the State of Colorado, under authority of Chapter 243, Session Laws of Colorado, 1921, and Chapter 190, Session Laws of Colorado, 1923, and by Robert H. Willis as the Commissioner for the State of Nebraska, thereunto duly authorized, which said compact is as follows:
South Platte River Compact Between
The States Of
Colorado And Nebraska
The State of Colorado and the State of Nebraska, desiring to remove all
causes of present and future controversy between said States, and between citizens of one against citizens of the other, with respect to the waters of the South Platte River, and being moved by considerations of interstate comity, have resolved to conclude a compact for these purposes and, through their respective Governors, have named as their commissioners:
Delph E. Carpenter, for the State of Colorado; and Robert H. Willis, for the
State of Nebraska; who have agreed upon the following articles:
Article I
In this compact:
1. The State of Colorado and the State of Nebraska are designated,
respectively, as Colorado and Nebraska.
2. The provisions hereof respecting each signatory State, shall include and
bind its citizens and corporations and all others engaged or interested in the diversion and use of the waters of the South Platte River in that State.
3. The term Upper Section means that part of the South Platte River in the
State of Colorado above and westerly from the west boundary of Washington County, Colorado.
4. The term Lower Section means that part of the South Platte River in the
State of Colorado between the west boundary of Washington County and the intersection of said river with the boundary line common to the signatory States.
5. The term Interstate Station means that streams gauging station
described in Article II.
6. The term flow of the river at the Interstate Station means the measured
flow of the river at said station plus all increment to said flow entering the river between the Interstate Station and the diversion works of the Western Irrigation District in Nebraska.
Article II
1. Colorado and Nebraska, at their joint expense, shall maintain a stream
gauging station upon the South Platte River at the river bridge near the town of Julesburg, Colorado, or at a convenient point between said bridge and the diversion works of the canal of the Western Irrigation District in Nebraska, for the purpose of ascertaining and recording the amount of water flowing in said river from Colorado into Nebraska and to said diversion works at all times between the first day of April and the fifteenth day of October of each year. The location of said station may be changed from year to year as the river channels and water flow conditions of the river may require.
2. The State Engineer of Colorado and the Secretary of the Department of
Public Works of Nebraska shall make provision for the co-operative gauging at and the details of operation of said station and for the exchange and publication of records and data. Said state officials shall ascertain the rate of flow of the South Platte River through the Lower Section in Colorado and the time required for increases or decreases of flow, at points within said Lower Section, to reach the Interstate Station. In carrying out the provisions of Article IV of this compact, Colorado shall always be allowed sufficient time for any increase in flow (less permissible diversions) to pass down the river and be recorded at the Interstate Station.
Article III
The waters of Lodgepole Creek, a tributary of the South Platte River flowing
through Nebraska and entering said river within Colorado, hereafter shall be divided and apportioned between the signatory States as follows:
1. The point of division of the waters of Lodgepole Creek shall be located on
said creek two miles north of the boundary line common to the signatory states.
2. Nebraska shall have the full and unmolested use and benefit of all waters
flowing in Lodgepole Creek above the point of diversion and Colorado waives all present and future claims to the use of said waters. Colorado shall have the exclusive use and benefit of all waters flowing at or below the point of division.
3. Nebraska may use the channel of Lodgepole Creek below the point of
division and the channel of the South Platte River between the mouth of Lodgepole Creek and the Interstate Station, for the carriage of any waters of Lodgepole Creek which may be stored in Nebraska above the point of division and which Nebraska may desire to deliver to ditches from the South Platte River in Nebraska, and any such waters so carried shall be free from interference by diversions in Colorado and shall not be included as a part of the flow of the South Platte River to be delivered by Colorado at the Interstate Station in compliance with Article IV of this compact, provided, however, that such runs of stored water shall be made in amounts of not less than ten cubic feet per second of time and for periods of not less than twenty-four hours.
Article IV
The waters of the South Platte River hereafter shall be divided and
apportioned between the signatory States as follows:
1. At all times between the fifteenth day of October of any year and the first
day of April of the next succeeding year, Colorado shall have the full and uninterrupted use and benefit of the waters of the river flowing within the boundaries of the State, except as otherwise provided by Article VI.
2. Between the first day of April and the fifteenth day of October of each
year, Colorado shall not permit diversions from the Lower Section of the river, to supply Colorado appropriations having adjudicated dates of priority subsequent to the fourteenth day of June, 1897, to an extent that will diminish the flow of the river at the Interstate Station, on any day, below a mean flow of 120 cubic feet of water per second of time, except as limited in paragraph three (3) of this Article.
3. Nebraska shall not be entitled to receive and Colorado shall not be
required to deliver, on any day, any part of the flow of the river to pass the Interstate Station, as provided by paragraph two (2) of this Article, not then necessary for beneficial use by those entitled to divert water from said river within Nebraska.
4. The flow of the river at the Interstate Station shall be used by Nebraska to
supply the needs of present perfected rights to the use of water from the river within said State before permitting diversions from the river by other claimants.
5. It is recognized that variable climatic conditions, the regulation and
administration of the stream in Colorado, and other causes, will produce diurnal and other unavoidable variations and fluctuations in the flow of the river at the Interstate Station, and it is agreed that, in the performance of the provisions of said paragraph two (2), minor or compensating irregularities and fluctuations in the flow at the Interstate Station shall be permitted; but where any deficiency of the mean daily flow at the Interstate Station may have been occasioned by neglect, error or failure in the performance of duty by the Colorado water officials having charge of the administration of diversions from the Lower Section of the river in that state, each such deficiency shall be made up, within the next succeeding period of seventy-two hours, by delivery of additional flow at the Interstate Station, over and above the amount specified in paragraph two (2) of this Article, sufficient to compensate for such deficiency.
6. Reductions in diversions from the Lower Section of the river, necessary to
the performance of paragraph two (2) of this Article by Colorado, shall not impair the rights of appropriators in Colorado (not to include the proposed Nebraska canal described in Article VI), whose supply has been so reduced, to demand and receive equivalent amounts of water from other parts of the stream in that State according to its Constitution, laws, and the decisions of its courts.
7. Subject to compliance with the provisions of this Article, Colorado shall
have and enjoy the otherwise full and uninterrupted use and benefit of the waters of the river which hereafter may flow within the boundaries of that State from the first day of April to the fifteenth day of October in each year, but Nebraska shall be permitted to divert, under and subject to the provisions and conditions of Article VI, any surplus waters which otherwise would flow past the Interstate Station.
Article V
1. Colorado shall have the right to maintain, operate, and extend, within
Nebraska, the Peterson Canal and other canals of the Julesburg Irrigation District which now are or may hereafter be used for the carriage of water from the South Platte River for the irrigation of lands in both states, and Colorado shall continue to exercise control and jurisdiction of said canals and the carriage and delivery of water thereby. This Article shall not excuse Nebraska water users from making reports to Nebraska officials in compliance with the Nebraska laws.
2. Colorado waives any objection to the delivery of water for irrigation of
lands in Nebraska by the canals mentioned in paragraph one (1) of this Article, and agrees that all interests in said canals and the use of waters carried thereby, now or hereafter acquired by owners of lands in Nebraska, shall be afforded the same recognition and protection as are the interests of similar land owners served by said canals within Colorado; provided, however, that Colorado reserves to those in control of said canals the right to enforce the collection of charges or assessments, hereafter levied or made against such interest of owners of the lands in Nebraska, by withholding the delivery of water until the payment of such charges or assessments; provided, however, such charges or assessments shall be the same as those levied against similar interests of owners of lands in Colorado.
3. Nebraska grants to Colorado the right to acquire by purchase,
prescription, or the exercise of eminent domain, such rights-of-way, easements or lands as may be necessary for the construction, maintenance, operation, and protection of those parts of the above mentioned canals which now or hereafter may extend into Nebraska.
Article VI
It is the desire of Nebraska to permit its citizens to cause a canal to be
constructed and operated for the diversion of water from the South Platte River within Colorado for irrigation of lands in Nebraska; that said canal may commence on the south bank of said river at a point southwesterly from the town of Ovid, Colorado, and may run thence easterly through Colorado along or near the line of survey of the formerly proposed Perkins County Canal (sometimes known as the South Divide Canal) and into Nebraska, and that said project shall be permitted to divert waters of the river as hereinafter provided. With respect to such proposed canal it is agreed:
1. Colorado consents that Nebraska and its citizens may hereafter construct,
maintain, and operate such a canal and thereby may divert water from the South Platte River within Colorado for use in Nebraska, in the manner and at the time in this Article provided, and grants to Nebraska and its citizens the right to acquire by purchase, prescription, or the exercise of eminent domain such rights-of-way, easements or lands as may be necessary for the construction, maintenance, and operation of said canal; subject, however, to the reservations and limitations and upon the conditions expressed in this Article which are and shall be limitations upon and reservations and conditions running with the rights and privileges hereby granted, and which shall be expressed in all permits issued by Nebraska with respect to said canal.
2. The net future flow of the Lower Section of the South Platte River, which
may remain after supplying all present and future appropriations from the Upper Section, and after supplying all appropriations from the Lower Section perfected prior to the seventeenth day of December, 1921, and after supplying the additional future appropriations in the Lower Section for the benefit of which a prior and preferred use of thirty-five thousand acre-feet of water is reserved by subparagraph (a) of this Article, may be diverted by said canal between the fifteenth day of October of any year and the first day of April of the next succeeding year subject to the following reservations, limitations and conditions:
(a) In addition to the water now diverted from the Lower Section of the river
by present perfected appropriations, Colorado hereby reserves the prior, preferred and superior right to store, use and to have in storage in readiness for use on and after the first day of April in each year, an aggregate of thirty-five thousand acre-feet of water to be diverted from the flow of the river in the Lower Section between the fifteenth day of October of each year and the first day of April of the next succeeding year, without regard to the manner or time of making such future uses, and diversions of water by said Nebraska canal shall in no manner impair or interfere with the exercise by Colorado of the right of future use of the water hereby reserved.
(b) Subject at all times to the reservation made by subparagraph (a) and to
the other provisions of this Article, said proposed canal shall be entitled to divert five hundred cubic feet of water per second of time from the flow of the river in the Lower Sections, as of priority of appropriation of date December 17, 1921, only between the fifteenth day of October of any year and the first day of April of the next succeeding year upon the express condition that the right to so divert water is and shall be limited exclusively to said annual period and shall not constitute the basis for any claim to water necessary to supply all present and future appropriations in the Upper Section or present appropriations in the Lower Section and those hereafter to be made therein as provided in subparagraph (a).
3. Neither this compact nor the construction and operation of such a canal
nor the diversion, carriage and application of water thereby shall vest in Nebraska, or in those in charge or control of said canal or in the users of water therefrom, any prior, preferred or superior servitude upon or claim or right to the use of any water of the South Platte River in Colorado from the first day of April to the fifteenth day of October of any year or against any present or future appropriator or use of water from said river in Colorado during said period of every year, and Nebraska specifically waives any such claims and agrees that the same shall never be made or asserted. Any surplus waters of the river, which otherwise would flow past the Interstate Station during such period of any year after supplying all present and future diversions by Colorado, may be diverted by such a canal, subject to the other provisions and conditions of this Article.
4. Diversion of water by said canal shall not diminish the flow necessary to
pass the Interstate Station to satisfy superior claims of users of water from the river in Nebraska.
5. No appropriations of water from the South Platte River by any other canal
within Colorado shall be transferred to said canal or be claimed or asserted for diversion and carriage for use on lands in Nebraska.
6. Nebraska shall have the right to regulate diversions of water by said canal
for the purposes of protecting other diversions from the South Platte River within Nebraska and of avoiding violations of the provisions of Article IV; but Colorado reserves the right at all times to regulate and control the diversions by said canal to the extent necessary for the protection of all appropriations and diversions within Colorado or necessary to maintain the flow at the Interstate Stations as provided by Article IV of this compact.
Article VII
Nebraska agrees that compliance by Colorado with the provisions of this
compact and the delivery of water in accordance with its terms shall relieve Colorado from any further or additional demand or claim by Nebraska upon the waters of the South Platte River within Colorado.
Article VIII
Whenever any official of either State is designated herein to perform any
duty under this compact, such designation shall be interpreted to include the state official or officials upon whom the duties now performed by such official may hereafter devolve, and it shall be the duty of the officials of the State of Colorado charged with the duty of the distribution of the waters of the South Platte River for irrigation purposes, to make deliveries of water at the Interstate Station in compliance with this compact without necessity of enactment of special statutes for such purposes by the General Assembly of the State of Colorado.
Article IX
The physical and other conditions peculiar to the South Platte River and to
the territory drained and served thereby constitute the basis for this compact and neither of the signatory States hereby concedes the establishment of any general principle or precedent with respect to other interstate streams.
Article X
This compact may be modified or terminated at any time by mutual consent
of the signatory States, but, if so terminated and Nebraska or its citizens shall seek to enforce any claims of vested rights in the waters of the South Platte River, the statutes of limitation shall not run in favor of Colorado or its citizens with reference to claims of the Western Irrigation District to the water of the South Platte River from the sixteenth day of April, 1916, and as to all other present claims from the date of the approval of this compact to the date of such termination, and the State of Colorado and its citizens who may be made defendants in any action brought for such purpose shall not be permitted to plead the statutes of limitation for such period of time.
Article XI
This compact shall become operative when approved by the Legislature of
each of the signatory States and by the Congress of the United States. Notice of approval by the Legislature shall be given by the Governor of each State to the Governor of the other State and to the President of the United States, and the President of the United States is requested to give notice to the Governors of the signatory States of the approval by the Congress of the United States.
IN WITNESS WHEREOF, the Commissioners have signed this compact in
duplicate originals, one of which shall be deposited with the Secretary of State of each of the Signatory States.
Done at Lincoln, in the State of Nebraska, this 27th day of April, in the year of
our Lord One Thousand Nine Hundred and Twenty-three.
Delph E. Carpenter,
Robert H. Willis.
Source: L. 25: p. 529, � 1. CSA: omitted. CRS 53: � 148-4-1. C.R.S. 1963: �
149-4-1.
ARTICLE 66
Rio Grande River Compact
C.R.S. § 37-66-101
37-66-101. Rio Grande River compact. The general assembly hereby approves the compact between the states of Colorado, New Mexico, and Texas, designated as the Rio Grande compact, signed at the city of Santa Fe, state of New Mexico, on the 18th day of March, A. D. 1938, by M. C. Hinderlider, commissioner for the state of Colorado; Thomas M. McClure, commissioner for the state of New Mexico; Frank B. Clayton, commissioner for the state of Texas, and approved by S. O. Harper, representative of the President of the United States, which said compact is as follows:
Rio Grande Compact
The state of Colorado, the state of New Mexico, and the state of Texas,
desiring to remove all causes of present and future controversy among these states and between citizens of one of these states and citizens of another state with respect to the use of the waters of the Rio Grande above Fort Quitman, Texas, and being moved by considerations of interstate comity, and for the purpose of effecting an equitable apportionment of such waters, have resolved to conclude a compact for the attainment of these purposes, and to that end, through their respective governors, have named as their respective commissioners:
For the state of Colorado--M. C. Hinderlider
For the state of New Mexico--Thomas M. McClure
For the state of Texas--Frank B. Clayton
who, after negotiations participated in by S. O. Harper, appointed by the President as the representative of the United States of America, have agreed upon the following articles, to-wit:
Article I
(a) The state of Colorado, the state of New Mexico, the state of Texas, and
the United States of America, are hereinafter designated Colorado, New Mexico, Texas, and the United States, respectively.
(b) The commission means the agency created by this compact for the
administration thereof.
(c) The term Rio Grande basin means all of the territory drained by the Rio
Grande and its tributaries in Colorado, in New Mexico, and in Texas above Fort Quitman, including the closed basin in Colorado.
(d) The closed basin means that part of the Rio Grande basin in Colorado
where the streams drain into the San Luis lakes and adjacent territory, and do not normally contribute to the flow of the Rio Grande.
(e) The term tributary means any stream which naturally contributes to the
flow of the Rio Grande.
(f) Transmountain diversion is water imported into the drainage basin of
the Rio Grande from any stream system outside of the Rio Grande basin, exclusive of the closed basin.
(g) Annual debits are the amounts by which actual deliveries in any
calendar year fall below scheduled deliveries.
(h) Annual credits are the amounts by which actual deliveries in any
calendar year exceed scheduled deliveries.
(i) Accrued debits are the amounts by which the sum of all annual debits
exceeds the sum of all annual credits over any common period of time.
(j) Accrued credits are the amounts by which the sum of all annual credits
exceeds the sum of all annual debits over any common period of time.
(k) Project storage is the combined capacity of Elephant Butte reservoir
and all other reservoirs actually available for the storage of usable water below Elephant Butte and above the first diversion to lands of the Rio Grande project, but not more than a total of 2,638,860 acre-feet.
(l) Usable water is all water, exclusive of credit water, which is in project
storage and which is available for release in accordance with irrigation demands, including deliveries to Mexico.
(m) Credit water is that amount of water in project storage which is equal
to the accrued credit of Colorado, or New Mexico, or both.
(n) Unfilled capacity is the difference between the total physical capacity
of project storage and the amount of usable water then in storage.
(o) Actual release is the amount of usable water released in any calendar
year from the lowest reservoir comprising project storage.
(p) Actual spill is all water which is actually spilled from Elephant Butte
reservoir, or is released therefrom for flood control, in excess of the current demand on project storage and which does not become usable water by storage in another reservoir; provided, that actual spill of usable water cannot occur until all credit water shall have been spilled.
(q) Hypothetical spill is the time in any year at which usable water would
have spilled from project storage if 790,000 acre-feet had been released therefrom at rates proportional to the actual release in every year from the starting date to the end of the year in which hypothetical spill occurs, in computing hypothetical spill the initial condition shall be the amount of usable water in project storage at the beginning of the calendar year following the effective date of this compact, and thereafter the initial condition shall be the amount of usable water in project storage at the beginning of the calendar year following each actual spill.
Article II
The commission shall cause to be maintained and operated a stream gauging
station equipped with an automatic water stage recorder at each of the following points, to-wit:
(a) On the Rio Grande near Del Norte above the principal points of diversion
to the San Luis valley;
(b) On the Conejos river near Mogote;
(c) On the Los Pinos river near Ortiz;
(d) On the San Antonio river at Ortiz;
(e) On the Conejos river at its mouths near Los Sauces;
(f) On the Rio Grande near Lobatos;
(g) On the Rio Chama below El Vado reservoir;
(h) On the Rio Grande at Otowi bridge near San Ildefonso;
(i) On the Rio Grande near San Acacia;
(j) On the Rio Grande at San Marcial;
(k) On the Rio Grande below Elephant Butte reservoir;
(l) On the Rio Grande below Caballo reservoir.
Similar gauging stations shall be maintained and operated below any other
reservoir constructed after 1929, and at such other points as may be necessary for the securing of records required for the carrying out of the compact; and automatic water stage recorders shall be maintained and operated on each of the reservoirs mentioned, and on all others constructed after 1929.
Such gauging stations shall be equipped, maintained and operated by the
commission directly or in co-operation with an appropriate federal or state agency, and the equipment, method and frequency of measurement at such stations shall be such as to produce reliable records at all times.
Article III
The obligation of Colorado to deliver water in the Rio Grande at the Colorado-New Mexico state line, measured at or near Lobatos, in each calendar year, shall be
ten thousand acre-feet less than the sum of those quantities set forth in the two following tabulations of relationship, which correspond to the quantities at the upper index stations:
Discharge of Conejos River
Quantities in thousands of acre-feet
Conejos Index Supply (1) Conejos River at Mouths (2)
100 0
150 20
200 45
250 75
300 109
350 147
400 188
450 232
500 278
550 326
600 376
650 426
700 476
Intermediate quantities shall be computed by proportional parts.
(1) Conejos index supply is the natural flow Conejos river at the U. S. G. S.
gauging station near Mogote during the calendar year, plus the natural flow of Los Pinos river at the U. S. G. S. gauging station near Ortiz and the natural flow of San Antonio river at the U. S. G. S. gauging station at Ortiz, both during the months of April to October, inclusive.
(2) Conejos river at mouths is the combined discharge of branches of this
river at the U. S. G. S. gauging stations near Los Sauces during the calendar year.
Discharge of Rio Grande Exclusive of Conejos River
Quantities in thousands of acre-feet
Rio Grande at Lobatos less
Rio Grande at Del Norte (3) Conejos at Mouths (4)
200 60
250 65
300 75
350 86
400 98
450 112
500 127
550 144
600 162
650 182
700 204
750 229
800 257
850 292
900 335
950 380
1,000 430
1,100 540
1,200 640
1,300 740
1,400 840
Intermediate quantities shall be computed by proportional parts.
(3) Rio Grande at Del Norte is the recorded flow of the Rio Grande at the U. S.
G. S. gauging station near Del Norte during the calendar year (measured above all principal points of diversion to San Luis Valley) corrected for the operation of reservoirs constructed after 1937.
(4) Rio Grande at Lobatos less Conejos at mouths is the total flow of the Rio
Grande at the U. S. G. S. gauging station near Lobatos, less the discharge of Conejos river at its mouths, during the calendar year.
The application of these schedules shall be subject to the provisions
hereinafter set forth and appropriate adjustments shall be made for (a) any change in location of gauging stations; (b) any new or increased depletion of the runoff above inflow index gauging stations; and (c) any transmountain diversions into the drainage basin of the Rio Grande above Lobatos.
In event any works are constructed after 1937 for the purpose of delivering
water into the Rio Grande from the closed basin, Colorado shall not be credited with the amount of such water delivered, unless the proportion of sodium ions shall be less than forty-five per cent of the total positive ions in that water when the total dissolved solids in such water exceeds three hundred fifty parts per million.
Article IV
The obligation of New Mexico to deliver water in the Rio Grande at San
Marcial, during each calendar year, exclusive of the months of July, August and September, shall be that quantity set forth in the following tabulation of relationship, which corresponds to the quantity at the upper index station:
Discharge of Rio Grande at Otowi Bridge
And at San Marcial Exclusive of July,
August and September
Quantities in thousands of acre-feet
Otowi Index Supply (5) San Marcial Index Supply (6)
100 0
200 65
300 141
400 219
500 300
600 383
700 469
800 557
900 648
1000 742
1100 839
1200 939
1300 1042
1400 1148
1500 1257
1600 1370
1700 1489
1800 1608
1900 1730
2000 1856
2100 1985
2200 2117
2300 2253
Intermediate quantities shall be computed by proportional parts.
(5) The Otowi index supply is the recorded flow of the Rio Grande at the U. S.
G. S. gauging station at Otowi Bridge near San Ildefonso (formerly station near Buckman) during the calendar year, exclusive of the flow during the months of July, August and September, corrected for the operation of reservoirs constructed after 1929 in the drainage basin of the Rio Grande between Lobatos and Otowi Bridge.
(6) San Marcial index supply is the recorded flow of the Rio Grande at the
gauging station at San Marcial during the calendar year exclusive of the flow during the months of July, August and September.
The application of this schedule shall be subject to the provisions hereinafter
set forth and appropriate adjustments shall be made for (a) any change in location of gauging stations; (b) depletion after 1929 in New Mexico at any time of the year of the natural runoff at Otowi Bridge; (c) depletion of the runoff during July, August and September of tributaries between Otowi Bridge and San Marcial, by works constructed after 1937; and (d) any transmountain diversions into the Rio Grande between Lobatos and San Marcial.
Concurrent records shall be kept of the flow of the Rio Grande at San
Marcial, near San Acacia, and of the release from Elephant Butte reservoir, to the end that the records at these three stations may be correlated.
Article V
If at any time it should be the unanimous finding and determination of the
commission that because of changed physical conditions, or for any other reason, reliable records are not obtainable, or cannot be obtained, at any of the stream gauging stations herein referred to, such stations may, with the unanimous approval of the Commission, be abandoned, and with such approval another station, or other stations, shall be established and new measurements shall be substituted which, in the unanimous opinion of the commission, will result in substantially the same results, so far as the rights and obligations to deliver water are concerned, as would have existed if such substitution of stations and measurements had not been so made.
Article VI
Commencing with the year following the effective date of this compact, all
credits and debits of Colorado and New Mexico shall be computed for each calendar year; provided, that in a year of actual spill no annual credits nor annual debits shall be computed for that year.
In the case of Colorado, no annual debit nor accrued debit shall exceed
100,000 acre-feet, except as either or both may be caused by holdover storage of water in reservoirs constructed after 1937 in the drainage basin of the Rio Grande above Lobatos. Within the physical limitations of storage capacity in such reservoirs, Colorado shall retain water in storage at all times to the extent of its accrued debit.
In the case of New Mexico, the accrued debit shall not exceed 200,000 acre-feet at any time, except as such debit may be caused by holdover storage of water
in reservoirs constructed after 1929 in the drainage basin of the Rio Grande between Lobatos and San Marcial. Within the physical limitations of storage capacity in such reservoirs, New Mexico shall retain water in storage at all times to the extent of its accrued debit. In computing the magnitude of accrued credits or debits, New Mexico shall not be charged with any greater debt in any one year than the sum of 150,000 acre-feet and all gains in the quantity of water in storage in such year.
The commission by unanimous action may authorize the release from storage
of any amount of water which is then being held in storage by reason of accrued debits of Colorado or New Mexico; provided, that such water shall be replaced at the first opportunity thereafter.
In computing the amount of accrued credits and accrued debits of Colorado
or New Mexico, any annual credits in excess of 150,000 acre-feet shall be taken as equal to that amount.
In any year in which actual spill occurs, the accrued credits of Colorado, or
New Mexico, or both, at the beginning of the year shall be reduced in proportion to their respective credits by the amount of such actual spill; provided, that the amount of actual spill shall be deemed to be increased by the aggregate gain in the amount of water in storage, prior to the time of spill, in reservoirs above San Marcial constructed after 1929; provided, further, that if the commissioners for the states having accrued credits authorized the release of part, or all, of such credits in advance of spill, the amount so released shall be deemed to constitute actual spill.
In any year in which there is actual spill of usable water, or at the time of
hypothetical spill thereof, all accrued debits of Colorado, or New Mexico, or both, at the beginning of the year shall be cancelled.
In any year in which the aggregate of accrued debits of Colorado and New
Mexico exceeds the minimum unfilled capacity of project storage, such debits shall be reduced proportionally to an aggregate amount equal to such minimum unfilled capacity.
To the extent that accrued credits are impounded in reservoirs between San
Marcial and Courchesne, and to the extent that accrued debits are impounded in reservoirs above San Marcial, such credits and debits shall be reduced annually to compensate for evaporation losses in the proportion that such credits or debits bore to the total amount of water in such reservoirs during the year.
Article VII
Neither Colorado nor New Mexico shall increase the amount of water in
storage in reservoirs constructed after 1929 whenever there is less than 400,000 acre-feet of usable water in project storage; provided, that if the actual releases of usable water from the beginning of the calendar year following the effective date of this compact, or from the beginning of the calendar year following actual spill, have aggregated more than an average of 790,000 acre-feet per annum, the time at which such minimum stage is reached shall be adjusted to compensate for the difference between the total actual release and releases at such average rate; provided, further, that Colorado or New Mexico, or both, may relinquish accrued credits at any time, and Texas may accept such relinquished water, and in such event the state, or states, so relinquishing shall be entitled to store water in the amount of the water so relinquished.
Article VIII
During the month of January of any year the commissioner for Texas may
demand of Colorado and New Mexico, and the commissioner for New Mexico may demand of Colorado, the release of water from storage reservoirs constructed after 1929 to the amount of the accrued debits of Colorado and New Mexico, respectively, and such releases shall be made by each at the greatest rate practicable under the conditions then prevailing, and in proportion to the total debit of each, and in amounts, limited by their accrued debits, sufficient to bring the quantity of usable water in project storage to 600,000 acre-feet by March first and to maintain this quantity in storage until April thirtieth, to the end that a normal release of 790,000 acre-feet may be made from project storage in that year.
Article IX
Colorado agrees with New Mexico that in event the United States or the state
of New Mexico decides to construct the necessary works for diverting the waters of the San Juan river, or any of its tributaries, into the Rio Grande, Colorado hereby consents to the construction of said works and the diversion of waters from the San Juan river, or the tributaries thereof, into the Rio Grande in New Mexico, provided the present and prospective uses of water in Colorado by other diversions from the San Juan river, or its tributaries are protected.
Article X
In the event water from another drainage basin shall be imported into the Rio
Grande basin by the United States or Colorado or New Mexico, or any of them jointly, the state having the right to the use of such water shall be given proper credit therefor in the application of the schedules.
Article XI
New Mexico and Texas agree that upon the effective date of this compact all
controversies between said states relative to the quantity or quality of the water of the Rio Grande are composed and settled; however, nothing herein shall be interpreted to prevent recourse by a signatory state to the supreme court of the United States for redress should the character or quality of the water, at the point of delivery, be changed hereafter by one signatory state to the injury of another. Nothing herein shall be construed as an admission by any signatory state that the use of water for irrigation causes increase of salinity for which the user is responsible in law.
Article XII
To administer the provisions of this compact there shall be constituted a
commission composed of one representative from each state, to be known as the Rio Grande compact commission. The state engineer of Colorado shall be ex officio the Rio Grande compact commissioner for Colorado. The state engineer of New Mexico shall be ex officio the Rio Grande compact commissioner for New Mexico. The Rio Grande compact commissioner for Texas shall be appointed by the governor of Texas. The President of the United States shall be requested to designate a representative of the United States to sit with such commission, and such representative of the United States, if so designated by the President, shall act as chairman of the commission without vote.
The salaries and personal expenses of the Rio Grande compact
commissioners for the three states shall be paid by their respective states, and all other expenses incident to the administration of this compact, not borne by the United States, shall be borne equally by the three states.
In addition to the powers and duties hereinbefore specifically conferred upon
such commission, and the members thereof, the jurisdiction of such commission shall extend only to the collection, correlation and presentation of factual data and the maintenance of records having a bearing upon the administration of this compact, and, by unanimous action, to the making of recommendations to the respective states upon matters connected with the administration of this compact. In connection therewith, the commission may employ such engineering and clerical aid as may be reasonably necessary within the limit of funds provided for that purpose by the respective states. Annual reports compiled for each calendar year shall be made by the commission and transmitted to the governors of the signatory states on or before March first following the year covered by the report. The commission may, by unanimous action, adopt rules and regulations consistent with the provisions of this compact to govern their proceedings.
The findings of the Commission shall not be conclusive in any court or
tribunal which may be called upon to interpret or enforce this compact.
Article XIII
At the expiration of every five year period after the effective date of this
compact, the commission may, by unanimous consent, review any provisions hereof which are not substantive in character and which do not affect the basic principles upon which the compact is founded, and shall meet for the consideration of such questions on the request of any member of the commission; provided, however, that the provisions hereof shall remain in full force and effect until changed and amended within the intent of the compact by unanimous action of the commissioners, and until any changes in this compact are ratified by the legislatures of the respective states and consented to by the congress, in the same manner as this compact is required to be ratified to become effective.
Article XIV
The schedules herein contained and the quantities of water herein allocated
shall never be increased nor diminished by reason of any increase or diminution in the delivery or loss of water to Mexico.
Article XV
The physical and other conditions characteristic of the Rio Grande and
peculiar to the territory drained and served thereby, and to the development thereof, have actuated this compact and none of the signatory states admits that any provisions herein contained establishes any general principle or precedent applicable to other interstate streams.
Article XVI
Nothing in this compact shall be construed as affecting the obligations of the
United States of America to Mexico under existing treaties, or to the Indian tribes, or as impairing the rights of the Indian tribes.
Article XVII
This compact shall become effective when ratified by the legislatures of
each of the signatory states and consented to by the congress of the United States. Notice of ratification shall be given by the governor of each state to the governors of the other states and to the President of the United States, and the President of the United States is requested to give notice to the governors of each of the signatory states of the consent of the congress of the United States.
IN WITNESS WHEREOF, the commissioners have signed this compact in
quadruplicate original, one of which shall be deposited in the archives of the Department of State of the United States of America and shall be deemed the authoritative original, and of which a duly certified copy shall be forwarded to the governor of each of the signatory states.
Done at the city of Santa Fe, in the state of New Mexico, on the 18th day of
March, in the year of our Lord, One Thousand Nine Hundred and Thirty-eight.
(Sgd.) M. C. Hinderlider
(Sgd.) Thomas M. McClure
(Sgd.) Frank B. Clayton
APPROVED:
(Sgd.) S. O. Harper.
Source: L. 39: p. 489, � 1. CSA: omitted. CRS 53: � 148-5-1. C.R.S. 1963: �
149-5-1.
C.R.S. § 37-67-101
37-67-101. Ratification, purpose, and articles of compact. The general assembly hereby ratifies the compact between the states of Colorado, Kansas, and Nebraska, designated as the Republican River Compact, signed in the city of Lincoln, state of Nebraska, on the 31st day of December, A. D. 1942, by M. C. Hinderlider, commissioner for the state of Colorado; George S. Knapp, commissioner for the state of Kansas; Wardner G. Scott, commissioner for the state of Nebraska, which said compact is as follows:
Republican River Compact
The states of Colorado, Kansas, and Nebraska, parties signatory to this
compact (hereinafter referred to as Colorado, Kansas, and Nebraska, respectively, or individually as a state, or collectively as the states), having resolved to conclude a compact with respect to the waters of the Republican River Basin, and being duly authorized therefor by the Act of the Congress of the United States of America, approved August 4, 1942, (Public No. 696, 77th Congress, chapter 545, 2nd Session) and pursuant to acts of their respective legislatures have, through their respective governors, appointed as their commissioners:
M. C. Hinderlider, for Colorado
George S. Knapp, for Kansas
Wardner G. Scott, for Nebraska
who, after negotiations participated in by Glenn L. Parker, appointed by the President as the representative of the United States of America, have agreed upon the following articles:
Article I
The major purposes of this compact are to provide for the most efficient use
of the waters of the Republican River Basin (hereinafter referred to as the Basin) for multiple purposes; to provide for an equitable division of such waters; to remove all causes, present and future, which might lead to controversies; to promote interstate comity; to recognize that the most efficient utilization of the waters within the Basin is for beneficial consumptive use; and to promote joint action by the states and the United States in the efficient use of water and the control of destructive floods.
The physical and other conditions peculiar to the Basin constitute the basis
for this compact, and none of the states hereby, nor the Congress of the United States by its consent, concedes that this compact establishes any general principle or precedent with respect to any other interstate stream.
Article II
The Basin is all the area in Colorado, Kansas, and Nebraska, which is
naturally drained by the Republican River, and its tributaries, to its junction with the Smoky Hill River in Kansas. The main stem of the Republican River extends from the junction near Haigler, Nebraska, of its North Fork and the Arikaree River, to its junction with Smoky Hill River near Junction City, Kansas. Frenchman Creek (River) in Nebraska is a continuation of Frenchman Creek (River) in Colorado. Red Willow Creek in Colorado is not identical with the stream having the same name in Nebraska. A map of the Basin approved by the commissioners is attached and made a part hereof.
The term Acre-foot, as herein used, is the quantity of water required to
cover an acre to the depth of one foot and is equivalent to forty-three thousand, five hundred sixty (43,560) cubic feet.
The term Virgin Water Supply, as herein used, is defined to be the water
supply within the Basin undepleted by the activities of man.
The term Beneficial Consumptive Use is herein defined to be that use by
which the water supply of the Basin is consumed through the activities of man, and shall include water consumed by evaporation from any reservoir, canal, ditch, or irrigated area.
Beneficial consumptive use is the basis and principle upon which the
allocations of water hereinafter made are predicated.
Article III
The specific allocations in acre-feet hereinafter made to each state are
derived from the computed average annual virgin water supply originating in the following designated drainage basins, or parts thereof, in the amounts shown:
North Fork of the Republican River drainage basin in Colorado, 44,700 acre-feet;
Arikaree River drainage basin, 19,610 acre-feet;
Buffalo Creek drainage basin, 7,890 acre-feet;
Rock Creek drainage basin, 11,000 acre-feet;
South Fork of the Republican River drainage basin, 57,200 acre-feet;
Frenchman Creek (River) drainage basin in Nebraska, 98,500 acre-feet;
Blackwood Creek drainage basin, 6,800 acre-feet;
Driftwood Creek drainage basin, 7,300 acre-feet;
Red Willow Creek drainage basin in Nebraska, 21,900 acre-feet;
Medicine Creek drainage basin, 50,800 acre-feet;
Beaver Creek drainage basin, 16,500 acre-feet;
Sappa Creek drainage basin, 21,400 acre-feet;
Prairie Dog Creek drainage basin, 27,600 acre-feet;
The North Fork of the Republican River in Nebraska and the main stem of the
Republican River between the junction of the North Fork and Arikaree River and the lowest crossing of the river at the Nebraska-Kansas state line and the small tributaries thereof, 87,700 acre-feet.
Should the future computed virgin water supply of any source vary more than
ten (10) per cent from the virgin water supply as hereinabove set forth, the allocations hereinafter made from such source shall be increased or decreased in the relative proportions that the future computed virgin water supply of such source bears to the computed virgin water supply used herein.
Article IV
There is hereby allocated for beneficial consumptive use in Colorado,
annually, a total of fifty-four thousand, one hundred (54,100) acre-feet of water. This total is to be derived from the sources and in the amounts hereinafter specified and is subject to such quantities being physically available from those sources:
North Fork of the Republican River drainage basin, 10,000 acre-feet;
Arikaree River drainage basin, 15,400 acre-feet;
South Fork of the Republican River drainage basin, 25,400 acre-feet;
Beaver Creek drainage basin, 3,300 acre-feet; and
In addition, for beneficial consumptive use in Colorado annually, the entire
water supply of the Frenchman Creek (River) drainage basin in Colorado and the Red Willow Creek drainage basin in Colorado.
There is hereby allocated for beneficial consumptive use in Kansas, annually,
a total of one hundred ninety thousand, three hundred (190,300) acre-feet of water. This total is to be derived from the sources and in the amounts hereinafter specified and is subject to such quantities being physically available from those sources:
Arikaree River drainage basin, 1,000 acre-feet;
South Fork of the Republican River drainage basin, 23,000 acre-feet;
Driftwood Creek drainage basin, 500 acre-feet;
Beaver Creek drainage basin, 6,400 acre-feet;
Sappa Creek drainage basin, 8,800 acre-feet;
Prairie Dog Creek drainage basin, 12,600 acre-feet;
From the main stem of the Republican River upstream from the lowest
crossing of the river at the Nebraska-Kansas state line and from water supplies of upstream basins otherwise unallocated herein, 138,000 acre-feet; provided, that Kansas shall have the right to divert all or any portion thereof at or near Guide Rock, Nebraska; and
In addition there is hereby allocated for beneficial consumptive use in
Kansas, annually, the entire water supply originating in the Basin downstream from the lowest crossing of the river at the Nebraska-Kansas state line.
There is hereby allocated for beneficial consumptive use in Nebraska,
annually, a total of two hundred thirty-four thousand, five hundred (234,500) acre-feet of water. This total is to be derived from the sources and in the amounts hereinafter specified and is subject to such quantities being physically available from those sources:
North Fork of the Republican River drainage basin in Colorado, 11,000 acre-feet;
Frenchman Creek (River) drainage basin in Nebraska, 52,800 acre-feet;
Rock Creek drainage basin, 4,400 acre-feet;
Arikaree River drainage basin, 3,300 acre-feet;
Buffalo Creek drainage basin, 2,600 acre-feet;
South Fork of the Republican River drainage basin, 800 acre-feet;
Driftwood Creek drainage basin, 1,200 acre-feet;
Red Willow Creek drainage basin in Nebraska, 4,200 acre-feet;
Medicine Creek drainage basin, 4,600 acre-feet;
Beaver Creek drainage basin, 6,700 acre-feet;
Sappa Creek drainage basin, 8,800 acre-feet;
Prairie Dog Creek drainage basin, 2,100 acre-feet;
From the North Fork of the Republican River in Nebraska, the main stem of
the Republican River between the junction of the North Fork and Arikaree River and the lowest crossing of the river at the Nebraska-Kansas state line, from the small tributaries thereof, and from water supplies of upstream basins otherwise unallocated herein, 132,000 acre-feet.
The use of the waters hereinabove allocated shall be subject to the laws of
the state, for use in which the allocations are made.
Article V
The judgment and all provisions thereof in the case of Adelbert A. Weiland,
as state engineer of Colorado, et al. v. The Pioneer Irrigation Company, decided June 5, 1922, and reported in 259 U. S. 498, affecting the Pioneer irrigation ditch or canal, are hereby recognized as binding upon the states; and Colorado, through its duly authorized officials, shall have the perpetual and exclusive right to control and regulate diversions of water at all times by said canal in conformity with said judgment.
The water heretofore adjudicated to said Pioneer Canal by the district court
of Colorado, in the amount of fifty (50) cubic feet per second of time is included in and is a part of the total amounts of water hereinbefore allocated for beneficial consumptive use in Colorado and Nebraska.
Article VI
The right of any person, entity, or lower state to construct, or participate in
the future construction and use of any storage reservoir or diversion works in an upper state for the purpose of regulating water herein allocated for beneficial consumptive use in such lower state, shall never be denied by an upper state; provided, that such right is subject to the rights of the upper state.
Article VII
Any person, entity, or lower state shall have the right to acquire necessary
property rights in an upper state by purchase, or through the exercise of the power of eminent domain, for the construction, operation and maintenance of storage reservoirs, and of appurtenant works, canals and conduits, required for the enjoyment of the privileges granted by Article VI; provided, however, that the grantees of such rights shall pay to the political subdivisions of the state in which such works are located, each and every year during which such rights are enjoyed for such purposes, a sum of money equivalent to the average annual amount of taxes assessed against the lands and improvements during the ten years preceding the use of such lands, in reimbursement for the loss of taxes to said political subdivisions of the state.
Article VIII
Should any facility be constructed in an upper state under the provisions of
Article VI, such construction and the operation of such facility shall be subject to the laws of such upper state.
Any repairs to or replacements of such facility shall also be made in
accordance with the laws of such upper state.
Article IX
It shall be the duty of the three states to administer this compact through the
official in each state who is now or may hereafter be charged with the duty of administering the public water supplies, and to collect and correlate through such officials the data necessary for the proper administration of the provisions of this compact. Such officials may, by unanimous action, adopt rules and regulations consistent with the provisions of this compact.
The United States geological survey, or whatever federal agency may
succeed to the functions and duties of that agency, in so far as this compact is concerned, shall collaborate with the officials of the states charged with the administration of this compact in the execution of the duty of such officials in the collection, correlation, and publication of water facts necessary for the proper administration of this compact.
Article X
Nothing in this compact shall be deemed:
(a) To impair or affect any rights, powers or jurisdiction of the United States,
or those acting by or under its authority, in, over, and to the waters of the Basin; nor to impair or affect the capacity of the United States, or those acting by or under its authority, to acquire rights in and to the use of waters of the Basin;
(b) To subject any property of the United States, its agencies or
instrumentalities, to taxation by any state, or subdivision thereof, nor to create an obligation on the part of the United States, its agencies or instrumentalities, by reason of the acquisition, construction, or operation of any property or works of whatsoever kind, to make any payments to any state or political subdivision thereof, state agency, municipality, or entity whatsoever in reimbursement for the loss of taxes;
(c) To subject any property of the United States, its agencies or
instrumentalities, to the laws of any state to any extent other than the extent these laws would apply without regard to this compact.
Article XI
This compact shall become operative when ratified by the legislature of each
of the states, and when consented to by the Congress of the United States by legislation providing, among other things, that:
(a) Any beneficial consumptive uses by the United States, or those acting by
or under its authority, within a state, of the waters allocated by this compact, shall be made within the allocations hereinabove made for use in that state and shall be taken into account in determining the extent of use within that state.
(b) The United States, or those acting by or under its authority, in the
exercise of rights or powers arising from whatever jurisdiction the United States has in, over and to the waters of the Basin shall recognize, to the extent consistent with the best utilization of the waters for multiple purposes, that beneficial consumptive use of the waters within the Basin is of paramount importance to the development of the Basin; and no exercise of such power or right thereby that would interfere with the full beneficial consumptive use of the waters within the Basin shall be made except upon a determination, giving due consideration to the objectives of this compact and after consultation with all interested federal agencies and the state officials charged with the administration of this compact, that such exercise is in the interest of the best utilization of such waters for multiple purposes.
(c) The United States, or those acting by or under its authority, will recognize
any established use, for domestic and irrigation purposes, of the waters allocated by this compact which may be impaired by the exercise of federal jurisdiction in, over, and to such waters; provided, that such use is being exercised beneficially, is valid under the laws of the appropriate state and in conformity with this compact at the time of the impairment thereof, and was validly initiated under state law prior to the initiation or authorization of the federal program or project which causes such impairment.
IN WITNESS WHEREOF, the commissioners have signed this compact in
quadruplicate original, one of which shall be deposited in the archives of the department of state of the United States of America and shall be deemed the authoritative original, and of which a duly certified copy shall be forwarded to the governor of each of the states.
Done in the city of Lincoln, in the state of Nebraska, on the 31st day of
December, in the year of our Lord, one thousand nine hundred forty-two.
M. C. Hinderlider
Commissioner for Colorado
George S. Knapp
Commissioner for Kansas
Wardner G. Scott
Commissioner for Nebraska
I have participated in the negotiations leading to this proposed compact and
propose to report to the Congress of the United States favorably thereon.
Glenn L. Parker
Representative of the United States
Source: L. 43: p. 362, � 1. CSA: C. 90, � 74(3). CRS 53: � 148-6-1. C.R.S. 1963:
� 149-6-1.
Editor's note: The map of the Republican river basin is shown in L. 43, p. 371.
C.R.S. § 37-68-101
37-68-101. Amended Costilla Creek compact. The general assembly hereby ratifies the amended compact between the state of Colorado and the state of New Mexico, designated as the Amended Costilla Creek Compact, signed in the city of Santa Fe, state of New Mexico, on the seventh day of February, A. D. 1963, by J. E. Whitten, commissioner for the state of Colorado, and S. E. Reynolds, commissioner for the state of New Mexico, which said amended compact is as follows:
Amended Costilla Creek Compact
The state of Colorado and the state of New Mexico, parties signatory to this
compact (hereinafter referred to as Colorado and New Mexico, respectively, or individually as a state, or collectively as the states), having on September 30, 1944 concluded, through their duly authorized commissioners, to-wit: Clifford H. Stone for Colorado and Thomas M. McClure for New Mexico, a compact with respect to the water of Costilla Creek, an interstate stream, which compact was ratified by the states in 1945 and was approved by the congress of the United States in 1946; and
The states, having resolved to conclude an amended compact with respect to
the waters of Costilla Creek, have designated, pursuant to the acts of their respective legislatures and through their appropriate executive agencies, as their commissioners:
J. E. Whitten, for Colorado
S. E. Reynolds, for New Mexico
who, after negotiations, have agreed upon these articles:
Article I
The major purposes of this compact are to provide for the equitable division
and apportionment of the use of the waters of Costilla Creek; to promote interstate comity; to remove causes of present and future interstate controversies; to assure the most efficient utilization of the waters of Costilla Creek; to provide for the integrated operation of existing and prospective irrigation facilities on the stream in the two states; to adjust the conflicting jurisdictions of the two states over irrigation works and facilities diverting and storing waters in one state for use in both states; to equalize the benefits of water from Costilla Creek, used for the irrigation of contiguous lands lying on either side of the Boundary, between the citizens and water users of one state and those of the other; and to place the beneficial application of water diverted from Costilla Creek for irrigation by the water users of the two states on a common basis.
The physical and other conditions peculiar to the Costilla Creek and its basin,
and the nature and location of the irrigation development and the facilities in connection therewith, constitute the basis for this compact; and neither of the States hereby, nor the Congress of the United States by its consent, concedes that this compact establishes any general principle or precedent with respect to any other interstate stream.
Article II
As used in this compact, the following names, terms and expressions are
described, defined, applied and taken to mean as in this article set forth:
(a) Costilla Creek is a tributary of the Rio Grande which rises on the west
slope of the Sangre de Cristo range in the extreme southeastern corner of Costilla County in Colorado and flows in a general westerly direction crossing the boundary three times above its confluence with the Rio Grande in New Mexico.
(b) The Canyon Mouth is that point on Costilla Creek in New Mexico where
the stream leaves the mountains and emerges into the San Luis Valley.
(c) The Amalia Area is that irrigated area in New Mexico above the Canyon
Mouth and below the Costilla Reservoir which is served by decreed direct flow water rights.
(d) The Costilla-Garcia Area is that area extending from the Canyon Mouth
in New Mexico to a point in Colorado about four miles downstream from the boundary, being a compact body of irrigated land on either side of Costilla Creek served by decreed direct flow water rights.
(e) The Eastdale Reservoir No. 1 is that off-channel reservoir located in
Colorado in sections 7, 8 and 18, township 1 north, range 73 west, and sections 12 and 13, township 1 north, range 74 west, of the Costilla Estates survey, with a nominal capacity of three thousand four hundred sixty-eight (3,468) acre-feet and a present usable capacity of two thousand (2,000) acre-feet.
(f) The Eastdale Reservoir No. 2 is that off-channel reservoir located in
Colorado in sections 3, 4, 9 and 10, township 1 north, range 73 west, of the Costilla Estates survey, with nominal capacity of three thousand forty-one (3,041) acre-feet.
(g) The Costilla Reservoir is that channel reservoir, having a nominal
capacity of fifteen thousand seven hundred (15,700) acre-feet, located in New Mexico near the headwaters of Costilla Creek. The present usable capacity of the reservoir is eleven thousand (11,000) acre-feet, subject to future adjustment by the state engineer of New Mexico. The condition of Costilla Dam may be such that the state engineer of New Mexico will not permit storage above a determined stage except for short periods of time.
(h) The Cerro Canal is that irrigation canal which diverts water from the left
bank of Costilla Creek in New Mexico near the southwest corner of section 12, township 1 south, range 73 west, of the Costilla Estates survey, and runs in a northwesterly direction to the boundary near Boundary Monument No. 140.
(i) The boundary is the term used herein to describe the common boundary
line between Colorado and New Mexico.
(j) The term Costilla Reservoir System means and includes the Costilla
Reservoir and the Cerro Canal, the permits for the storage of water in Costilla Reservoir, the twenty-four and fifty-two hundredths (24.52) cubic feet per second of time of direct flow water rights transferred to the Cerro Canal, and the permits for the diversion of direct flow water by the Cerro Canal as adjusted herein to seventy-five and forty-eight hundredths (75.48) cubic feet per second of time.
(k) The term Costilla Reservoir System Safe Yield means that quantity of
usable water made available each year by the Costilla Reservoir System. The safe yield represents the most beneficial operation of the Costilla Reservoir System through the use, first, of the total usable portion of the yield of the twenty-four and fifty-two hundredths (24.52) cubic feet per second of time of direct flow rights transferred to the Cerro Canal, second, of the total usable portion of the yield of the direct flow Cerro Canal permits, and third, of that portion of the water stored in Costilla Reservoir required to complete such safe yield.
(l) The term usable capacity is defined and means that capacity of Costilla
Reservoir at the stage above which the state engineer of New Mexico will not permit storage except for short periods of time.
(m) The term temporary storage is defined and means the water permitted
by the state engineer of New Mexico to be stored in Costilla Reservoir for short periods of time above the usable capacity of that reservoir.
(n) The term additional storage facilities is defined and means storage
capacity which may be provided in either state to impound waters of Costilla Creek and its tributaries in addition to the nominal capacity of Costilla Reservoir and the Costilla Creek complement of the Eastdale Reservoir No. 1 capacity.
(o) The term duty of water is defined as the rate in cubic feet per second of
time at which water may be diverted at the headgate to irrigate a specified acreage of land during the period of maximum requirement.
(p) The term surplus water is defined and means water which cannot be
stored in operating reservoirs during the storage season or water during the irrigation season which cannot be stored in operating reservoirs and which is in excess of the aggregate direct flow rights and permits recognized by this compact.
(q) The term irrigation season is defined and means that period of each
calendar year from May 16 to September 30, inclusive.
(r) The term storage season is defined and means that period of time
extending from October 1 of one year to May 15 of the succeeding year, inclusive.
(s) The term points of interstate delivery means and includes (1) the
Acequia Madre where it crosses the boundary; (2) the Costilla Creek where it crosses the boundary; (3) the Cerro Canal where it reaches the boundary; and (4) any other interstate canals which might be constructed with the approval of the commission at the point or points where they cross the boundary.
(t) The term water company means The San Luis Power and Water
Company, a Colorado corporation, or its successor.
(u) The word commission means the Costilla Creek Compact commission
created by Article VIII of this compact for the administration thereof.
Article III
1. To accomplish the purposes of this compact, as set forth in Article I, the
following adjustments in the operation of irrigation facilities on Costilla Creek, and in the use of water diverted, stored and regulated thereby, are made:
(a) The quantity of water delivered for use in the two states by direct flow
ditches in the Costilla-Garcia Area and by the Cerro Canal is based on a duty of water of one cubic foot per second of time for each eighty (80) acres, to be applied in the order of priority; provided, however, that this adjustment in each instance is based on the acreage as determined by the court in decreeing the water rights for the Costilla-Garcia Area, and in the case of the Cerro Canal such basis shall apply to eight thousand (8,000) acres of land. In order to better maintain a usable head for the diversion of water for beneficial consumptive use the adjusted maximum diversion rate under the water right of each of the ditches supplying water for the Costilla-Garcia Area in Colorado is not less than one cubic foot per second of time.
(b) There is transferred from certain ditches in the Costilla-Garcia Area
twenty-four and fifty-two hundredths (24.52) cubic feet per second of time of direct flow water rights, which rights of use are held by the water company or its successors in title, to the headgate of the Cerro Canal. The twenty-four and fifty-two hundredths (24.52) cubic feet of water per second of time hereby transferred represents an evaluation of these rights after adjustment in the duty of water, pursuant to subsection (a) of this Article, and includes a reduction thereof to compensate for increased use of direct flow water which otherwise would have been possible under these rights by this transfer.
(c) Except for the rights to store water from Costilla Creek in Eastdale
Reservoir No. 1 as hereinafter provided, all diversion and storage rights from Costilla Creek for Eastdale Reservoirs No. 1 and No. 2 are relinquished and the water decreed thereunder is returned to the creek for use in accordance with the plan of integrated operation effectuated by this compact.
(d) The Cerro Canal direct flow permit shall be seventy-five and forty-eight
hundredths (75.48) cubic feet per second of time.
(e) There is transferred to and made available for the irrigation of lands in
Colorado a portion of the Costilla Reservoir complement of the Costilla Reservoir System Safe Yield in order that the storage of water in that reservoir may be made for the benefit of water users in both Colorado and New Mexico under the provisions of this compact for the allocations of water and the operation of facilities.
2. Each state grants for the benefit of the other and its water users the
rights to change the points of diversion of water from Costilla Creek, to divert water from the stream in one state for use in the other and to store water in one state for the irrigation of lands in the other, insofar as the exercise of such rights may be necessary to effectuate the provisions of this Article and to comply with the terms of this compact.
3. The water company has consented to and approved the adjustments
contained in this Article; and such consent and approval shall be evidenced in writing and filed with the commission.
Article IV
The apportionment and allocation of the use of Costilla Creek water shall be
as follows:
(a) There is allocated for diversion from the natural flow of Costilla Creek
and its tributaries sufficient water for beneficial use on meadow and pasture lands above Costilla Reservoir in New Mexico to the extent and in the manner now prevailing in that area.
(b) There is allocated for diversion from the natural flow of Costilla Creek
and its tributaries thirteen and forty-two hundredths (13.42) cubic feet of water per second of time for beneficial use on lands in the Amalia Area in New Mexico.
(c) In addition to allocations made in subsections (e), (f) and (g) of this Article,
there is allocated for diversion from the natural flow of Costilla Creek fifty and sixty-two hundredths (50.62) cubic feet of water per second of time for Colorado and eighty-nine and eight hundredths (89.08) cubic feet of water per second of time for New Mexico, subject to adjustment as provided in Article V (e), and such water shall be delivered for beneficial use in the two states in accordance with the schedules and under the conditions set forth in Article V.
(d) There is allocated for diversion from the natural flow of Costilla Creek
sufficient water to provide each year one thousand (1,000) acre-feet of stored water in Eastdale Reservoir No. 1, such water to be delivered as provided in Article V.
(e) There is allocated for diversion to Colorado thirty-six and five-tenths per
cent (36.5%) and to New Mexico sixty-three and five-tenths per cent (63.5%) of the water stored by Costilla Reservoir for release therefrom for irrigation purposes each year, subject to adjustment as provided in Article V (e) and such water shall be delivered for beneficial use in the two states on a parity basis in accordance with the provisions of Article V. By parity basis is meant that neither state shall enjoy a priority of right of use.
(f) There is allocated for beneficial use in each of the states of Colorado and
New Mexico one-half of the surplus water, as defined in Article II (p), to be delivered as provided in Article V.
(g) There is allocated for beneficial use in each of the states of Colorado and
New Mexico one-half of any water made available and usable by additional storage facilities which may be constructed in the future.
Article V
The operation of the facilities of Costilla Creek and the delivery of water for
the irrigation of land in Colorado and New Mexico, in accordance with the allocations made in Article IV, shall be as follows:
(a) Diversions of water for use on lands in the Amalia Area shall be made as
set forth in Article IV (b) in the order of decreed priorities in New Mexico and of relative priority dates in the two states, subject to the right of New Mexico to change the points of diversion and places of use of any of such water to other points of diversion and places of use; provided, however, that the rights so transferred shall be limited in each instance to the quantity of water actually consumed on the lands from which the right is transferred.
(b) Deliveries to Colorado of direct flow water below the Canyon Mouth shall
be made by New Mexico in accordance with the following schedule:
Deliveries of Direct Flow Water to Colorado During Irrigation Season
Usable Incremental Points of Cumulative Remarks
Discharge Allocations Interstate Allocations
of Creek at to Colorado Delivery to Colorado
Canyon (C.F.S.) (C.F.S.)
Mouth
Gaging
Station
(C.F.S.)
(1) (2A) (2B) (3) (4) (5)
25.00 1.05 Acequia Incremental allocation is
4.2%
Madre of the usable discharge
when
usable discharge is less
than
25.00 C.F.S.
2.53 Cerro Canal Incremental allocation is
10.13%
of the usable discharge
when
usable discharge is less
than
25.00 C.F.S.
4.70 Cerro Canal 8.28 This 4.70 C.F.S. is not a
part
of the Colorado
allocation of
the direct flow water of
the
Costilla Reservoir System
and is not subject to
adjustment in the event
of
a change in the usable
capacity of Costilla
Reservoir.
Incremental allocation is
18.8% of the usable
discharge
when usable discharge is
less
than 25.00 C.F.S. This
4.70
C.F.S. allocated to
Colorado
for delivery through the
Cerro
Canal is 5.50 C.F.S. of the
original 6.55 C.F.S.
allocated
to Colorado for delivery
through the Acequia
Madre
less 0.8 C.F.S. correction
for
losses.
36.88 .38 Cerro Canal This 0.38 C.F.S. is not a
part
of the Colorado
allocation
of the direct flow water
of
the Costilla Reservoir
System
and is not subject to
adjustment
in the event of a change
in the
usable capacity of
Costilla
Reservoir. Incremental
allocation is 3.26% of the
usable discharge in
excess
of 25.38 C.F.S. and less
than 36.88 C.F.S.
4.04 Cerro Canal 12.70 Incremental allocation is
35.11% of the usable
discharge
in excess of 25.38 C.F.S.
and
less than 36.88 C.F.S.
38.62 1.00 Creek 13.70 Incremental allocation is
100% of the usable
discharge
in excess of 37.62 C.F.S.
and
less than 38.62 C.F.S.
44.76 2.24 Cerro Canal 15.94 Incremental allocation is
36.5% of the usable
discharge
in excess of 38.62 C.F.S.
and
less than 44.76 C.F.S.
50.91 6.00 Creek 21.94 Incremental allocation is
100% of the usable
discharge
in excess of 44.91 C.F.S.
and
less than 50.91 C.F.S.
56.48 .13 Cerro Canal 22.07 Incremental allocation is
11.18% of the usable
discharge
in excess of 55.35 C.F.S.
and
less than 56.48 C.F.S.
61.48 1.00 Creek 23.07 Incremental allocation is
100% of the usable
discharge
in excess of 60.48 C.F.S.
and
less than 61.48 C.F.S.
64.22 At usable creek
discharge of
64.22 C.F.S. the Cerro
Canal
direct flow permit
becomes
operative after 1,000
acre-feet
has been stored in
Eastdale
Reservoir No. 1.
139.70 27.55 Cerro Canal 50.62 Incremental allocation is
36.5% of the usable
discharge
in excess of 64.22 C.F.S.
and
less than 139.70 C.F.S.
The actual discharges of Costilla Creek at the Canyon Mouth Gaging Station
at which the various blocks of direct flow water become effective shall equal the flows set forth in column (1) increased by the transmission losses necessary to deliver those flows to the headgates of the respective direct flow ditches diverting in New Mexico.
The delivery of ditch water at the boundary shall equal the allocation set
forth in columns (2a) and (2b) reduced by the transmission losses between the headgate of the ditch and the point where the ditch crosses the boundary. The allocations to be delivered to Colorado through the Cerro Canal represent, except as otherwise indicated in column (5) of the table above, 36.5 percent of those blocks of direct flow water of the Costilla Reservoir System which are subject to adjustment as provided in subsection (e) of this article.
The provisions of article III (1)(a) shall not be applicable to the Colorado
allocation of 5.08 C.F.S. which is transferred from the Acequia Madre to the Cerro Canal by this amendment to the Costilla Creek compact and shall not be applicable to the 0.8 C.F.S. which is transferred from Colorado to New Mexico by this amendment to the Costilla Creek compact.
The above table is compiled on the basis of the delivery to Colorado at the
boundary of thirty-six and five-tenths percent (36.5%) of all direct flow water of the Costilla Reservoir System diverted by the Cerro Canal and the delivery at the boundary of all other direct flow water allocated to Colorado, in the order of priority, all such deliveries to be adjusted for transmission losses. In the event of change in the usable capacity of the Costilla Reservoir, Colorado's share of all direct flow water of the Costilla Reservoir System diverted by the Cerro Canal, to be delivered at the boundary and adjusted for transmission losses, shall be determined by the percentages set forth in column (4) of the table which appears in subsection (e) of this article.
(c) During the storage season, no water shall be diverted under direct flow
rights unless there is water in excess of the demand of all operating reservoirs for water from Costilla Creek for storage.
(d) In order to assure the most efficient utilization of the available water
supply, the filling of Eastdale Reservoir No. 1 from Costilla Creek shall be commenced as early in the spring as possible and shall be completed as soon thereafter as possible. The Cerro Canal or any other ditch which may be provided for that purpose shall be used, insofar as practicable, to convey the water from the Canyon Mouth to Eastdale Reservoir No. 1. During any season when the commission determines that there will be no surplus water, any diversions, waste or spill from any canal or canals supplying Eastdale Reservoir No. 1 will be charged to the quantity of water diverted for delivery to said reservoir.
(e) The commission shall estimate each year the safe yield of Costilla
Reservoir System and its component parts as far in advance of the irrigation season as possible, and shall review and revise such estimates from time to time as may be necessary.
In the event the usable capacity of the Costilla Reservoir changes, the
average safe yield and the equitable division thereof between the states shall be determined in accordance with the following table:
Usable Average
Capacity Annual Division of Safe Yield
of Costilla Safe Yield Colorado New Mexico
Reservoir (acre-feet) (acre-feet) (percent) (acre-feet) (percent)
(1) (2) (3) (4) (5) (6)
0 1,800 1,510 83.9 290 16.1
1,000 3,400 2,000 58.8 1,400 41.2
2,000 4,900 2,450 50.0 2,450 50.0
3,000 6,400 2,910 45.5 3,490 54.5
4,000 7,900 3,370 42.7 4,530 57.3
5,000 9,300 3,800 40.9 5,500 59.1
6,000 10,700 4,220 39.4 6,480 60.6
7,000 12,000 4,620 38.5 7,380 61.5
8,000 13,200 4,990 37.8 8,210 62.2
9,000 14,300 5,320 37.2 8,980 62.8
10,000 15,200 5,600 36.8 9,600 63.2
11,000 16,000 5,840 36.5 10,160 63.5
12,000 16,600 6,020 36.3 10,580 63.7
13,000 17,000 6,140 36.1 10,860 63.9
14,000 17,400 6,270 36.0 11,130 64.0
15,000 17,700 6,360 35.9 11,340 64.1
15,700 17,900 6,420 35.9 11,480 64.1
Intermediate quantities shall be computed by proportionate parts.
In the event of change in the usable capacity of the Costilla Reservoir, the
Costilla Reservoir complement of the Costilla Reservoir System Safe Yield shall be divided between Colorado and New Mexico in accordance with the percentages given in columns 4 and 6, respectively, of the above table.
Each state may draw from the reservoir in accordance with the allocations
made herein, up to its proportion of the Costilla Reservoir complement of the Costilla Reservoir System Safe Yield and its proportion of temporary storage and no more. Colorado may call for the delivery of its share thereof at any of the specified points of interstate delivery.
Deliveries of water from Costilla Reservoir to the Canyon Mouth shall be
adjusted for transmission losses, if any, between the two points. Deliveries to Colorado at the boundary shall be further adjusted for transmission losses from the Canyon Mouth to the respective points of interstate delivery.
Water stored in Costilla Reservoir and not released during the current season
shall not be held over to the credit of either state but shall be apportioned when the safe yield is subsequently determined.
(f) The Colorado apportionment of surplus water, as allocated in Article IV
(f), shall be delivered by New Mexico at such points of interstate delivery and in the respective quantities, subject to transmission losses, requested by the Colorado member of the commission.
(g) In the event that additional water becomes usable by the construction of
additional storage facilities, such water shall be made available to each state in accordance with rules and regulations to be prescribed by the commission.
(h) When it appears to the commission that any part of the water allocated to
one state for use in a particular year will not be used by that state, the commission may permit its use by the other state during that year, provided that a permanent right to the use of such water shall not thereby be established.
Article VI
The desirability of consolidating various of the direct flow ditches serving the
Costilla-Garcia Area, which are now or which would become interstate in character by consolidation, and diverting the water available to such ditches through a common headgate is recognized. Should the owners of any of such ditches, or a combination of them, desire to effectuate a consolidation and provide for a common headgate diversion, application therefor shall be made to the commission which, after review of the plans submitted, may grant permission to make such consolidation.
Article VII
The commission shall cause to be maintained and operated a streamgaging-station, equipped with an automatic water-stage recorder, at each of the following
points, to-wit:
(a) On Costilla Creek immediately below Costilla Reservoir.
(b) On Costilla Creek at or near the Canyon Mouth above the headgate of
Cerro Canal and below the Amalia Area.
(c) On Costilla Creek at or near the boundary.
(d) On the Cerro Canal immediately below its headgate.
(e) On the Cerro Canal at or near the boundary.
(f) On the intake from Costilla Creek to the Eastdale Reservoir No. 1,
immediately above the point where the intake discharges into the reservoir.
(g) On the Acequia Madre immediately below its headgate.
(h) On the Acequia Madre at the boundary.
(i) Similar gaging stations shall be maintained and operated at such other
points as may be necessary in the discretion of the commission for the securing of records required for the carrying out of the provisions of the compact.
Such gaging stations shall be equipped, maintained, and operated by the
commission directly or in cooperation with an appropriate federal or state agency, and the equipment, method, and frequency of measurement at such stations shall be such as to produce reliable records at all times.
Article VIII
The two states shall administer this compact through the official in each
state who is now or may hereafter be charged with the duty of administering the public water supplies, and such officials shall constitute the Costilla Creek Compact Commission. In addition to the powers and duties hereinbefore specifically conferred upon such commission, the commission shall collect and correlate factual data and maintain records having a bearing upon the administration of this compact. In connection therewith, the commission may employ such engineering and other assistance as may be reasonably necessary within the limits of funds provided for that purpose by the states. The commission may, by unanimous action, adopt rules and regulations consistent with the provisions of this compact to govern its proceedings. The salaries and expenses of the members of the commission shall be paid by their respective states. Other expenses incident to the administration of the compact, including the employment of engineering or other assistance and the establishment and maintenance of compact gaging stations, not borne by the United States shall be assumed equally by the two states and paid directly to the commission upon vouchers submitted for that purpose.
The United States geological survey, or whatever federal agency may
succeed to the functions and duties of that agency, shall collaborate with the commission in the correlation and publication of water facts necessary for the proper administration of this compact.
Article IX
This amended compact shall become operative when ratified by the
legislatures of the signatory states and consented to by the Congress of the United States; provided, that, except as changed herein, the provisions, terms, conditions and obligations of the Costilla Creek Compact executed on September 30, 1944, continue in full force and effect.
IN WITNESS WHEREOF, the commissioners have signed this compact in
triplicate original, one copy of which shall be deposited in the archives of the department of state of the United States of America, and one copy of which shall be forwarded to the governor of each of the signatory states.
Done in the city of Santa Fe, New Mexico, on the 7th day of February, in the
year of our Lord, one thousand nine hundred and sixty-three.
(Signed) J. E. Whitten,
Commissioner for Colorado.
(Signed) S. E. Reynolds,
Commissioner for New Mexico.
Source: L. 45: p. 278, � 1. CSA: C. 90, � 51(1). CRS 53: � 148-7-1. L. 63: p. 982,
� 1. C.R.S. 1963: � 149-7-1.
C.R.S. § 37-69-101
37-69-101. Arkansas River compact. The general assembly hereby ratifies the compact between the state of Colorado and the state of Kansas designated as the Arkansas river compact signed in the city of Denver, state of Colorado, on the 14th day of December, A. D. 1948, by Henry C. Vidal, Gail L. Ireland, and Harry B. Mendenhall, commissioners for the state of Colorado, and George S. Knapp, Edward F. Arn, William E. Leavitt, and Roland H. Tate, commissioners for the state of Kansas, and approved by Hans Kramer, representative of the United States of America. Said compact is as follows:
Arkansas River Compact
The state of Colorado and the state of Kansas, parties signatory to this
compact (hereinafter referred to as Colorado and Kansas, respectively, or individually as a state, or collectively as the states) having resolved to conclude a compact with respect to the waters of the Arkansas river, and being moved by considerations of interstate comity, having appointed commissioners as follows:
Henry C. Vidal, Gail L. Ireland, and Harry B. Mendenhall, for Colorado; and
George S. Knapp, Edward F. Arn, William E. Leavitt, and Roland H. Tate, for Kansas; and the consent of the congress of the United States to negotiate and enter into an interstate compact not later than January 1, 1950, having been granted by Public Law 34, 79th Congress, 1st Session, and pursuant thereto the President having designated Hans Kramer as the representative of the United States, the said commissioners for Colorado and Kansas, after negotiations participated in by the representative of the United States, have agreed as follows:
Article I
The major purposes of this compact are to:
A. Settle existing disputes and remove causes of future controversy
between the states of Colorado and Kansas, and between citizens of one and citizens of the other state, concerning the waters of the Arkansas river and their control, conservation and utilization for irrigation and other beneficial purposes.
B. Equitably divide and apportion between the states of Colorado and Kansas
the waters of the Arkansas river and their utilization as well as the benefits arising from the construction, operation and maintenance by the United States of John Martin reservoir project for water conservation purposes.
Article II
The provisions of this compact are based on (1) the physical and other
conditions peculiar to the Arkansas river and its natural drainage basin, and the nature and location of irrigation and other developments and facilities in connection therewith; (2) the opinion of the United States supreme court entered December 6, 1943, in the case of Colorado v. Kansas (320 U. S. 383) concerning the relative rights of the respective states in and to the use of waters of the Arkansas river; and (3) the experience derived under various interim executive agreements between the two states apportioning the waters released from the John Martin reservoir as operated by the corps of engineers.
Article III
As used in this compact:
A. The word stateline means the geographical boundary line between
Colorado and Kansas.
B. The term waters of the Arkansas river means the waters originating in
the natural drainage basin of the Arkansas river, including its tributaries, upstream from the stateline, and excluding waters brought into the Arkansas river basin from other river basins.
C. The term stateline flow means the flow of waters of the Arkansas river
as determined by gauging stations located at or near the stateline. The flow as determined by such stations, whether located in Colorado or Kansas, shall be deemed to be the actual stateline flow.
D. John Martin reservoir project is the official name of the facility formerly
known as Caddoa reservoir project, authorized by the Flood Control Act of 1936, as amended, for construction, operation and maintenance by the war department, corps of engineers, later designated as the corps of engineers, department of the army, and herein referred to as the corps of engineers. John Martin reservoir is the water storage space created by John Martin dam.
E. The flood control storage is that portion of the total storage space in
John Martin reservoir allocated to flood control purposes.
F. The conservation pool is that portion of the total storage space in John
Martin reservoir lying below the flood control storage.
G. The ditches of Colorado water district 67 are those ditches and canals
which divert water from the Arkansas river or its tributaries downstream from John Martin dam for irrigation use in Colorado.
H. The term river flow means the sum of the flows of the Arkansas and the
Purgatoire rivers into John Martin reservoir as determined by gauging stations appropriately located above said reservoir.
I. The term the administration means the Arkansas river compact
administration established under article VIII.
Article IV
Both states recognize that:
A. This compact deals only with the waters of the Arkansas river as defined
in article III.
B. This compact is not concerned with the rights, if any, of the state of New
Mexico or its citizens in and to the use in New Mexico of waters of Trinchera creek or other tributaries of the Purgatoire river, a tributary of the Arkansas river.
C. (1) John Martin dam will be operated by the corps of engineers to store and
release the waters of the Arkansas river in and from John Martin reservoir for its authorized purposes.
(2) The bottom of the flood control storage is presently fixed by the chief of
engineers, U. S. Army, at elevation 3,851 feet above mean sea level. The flood control storage will be operated for flood control purposes and to those ends will impound or regulate the streamflow volumes that are in excess of the then available storage capacity of the conservation pool. Releases from the flood control storage may be made at times and rates determined by the corps of engineers to be necessary or advisable without regard to ditch diversion capacities or requirements in either or both states.
(3) The conservation pool will be operated for the benefit of water users in
Colorado and Kansas, both upstream and downstream from John Martin dam, as provided in this compact. The maintenance of John Martin dam and appurtenance works may at times require the corps of engineers to release waters then impounded in the conservation pool or to prohibit the storage of water therein until such maintenance work is completed. Flood control operation may also involve temporary utilization of conservation storage.
D. This compact is not intended to impede or prevent future beneficial
development of the Arkansas river basin in Colorado and Kansas by federal or state agencies, by private enterprise, or by combinations thereof, which may involve construction of dams, reservoirs and other works for the purposes of water utilization and control, as well as the improved or prolonged functioning of existing works: Provided, that the waters of the Arkansas river, as defined in article III, shall not be materially depleted in usable quantity or availability for use to the water users in Colorado and Kansas under this compact by such future development or construction.
Article V
Colorado and Kansas hereby agree upon the following basis of
apportionment of the waters of the Arkansas river:
A. Winter storage in John Martin reservoir shall commence on November 1st
of each year and continue to and include the next succeeding March 31st. During said period all water entering said reservoir up to the limit of the then available conservation capacity shall be stored: Provided, that Colorado may demand releases of water equivalent to the river flow, but such releases shall not exceed 100 c.f.s. (cubic feet per second) and water so released shall be used without avoidable waste.
B. Summer storage in John Martin reservoir shall commence on April 1st of
each year and continue to and include the next succeeding October 31st. During said period, except when Colorado water users are operating under decreed priorities as provided in paragraphs F and G of this article, all water entering said reservoir up to the limit of the then available conservation capacity shall be stored: Provided, that Colorado may demand releases of water equivalent to the river flow up to 500 c.f.s., and Kansas may demand releases of water equivalent to that portion of the river flow between 500 c.f.s. and 750 c.f.s., irrespective of releases demanded by Colorado.
C. Releases of water stored pursuant to the provisions of paragraphs A and B
of this article shall be made upon demands by Colorado and Kansas concurrently or separately at any time during the summer storage period. Unless increases to meet extraordinary conditions are authorized by the administration, separate releases of stored water to Colorado shall not exceed 750 c.f.s., separate releases of stored water to Kansas shall not exceed 500 c.f.s., and concurrent releases of stored water shall not exceed a total of 1250 c.f.s.: Provided, that when water stored in the conservation pool is reduced to a quantity less than 20,000 acre-feet, separate releases of stored water to Colorado shall not exceed 600 c.f.s., and separate releases of stored water to Kansas shall not exceed 400 c.f.s., and concurrent releases of stored water shall not exceed 1,000 c.f.s.
D. Releases authorized by paragraphs A, B, and C of this article, except when
all Colorado water users are operating under decree priorities as provided in paragraphs F and G of this article, shall not impose any call on Colorado water users that divert waters of the Arkansas river upstream from John Martin dam.
E. (1) Releases of stored water and releases of river flow may be made
simultaneously upon the demands of either or both states.
(2) Water released upon concurrent or separate demands shall be applied
promptly to beneficial use unless storage thereof downstream is authorized by the administration.
(3) Releases of river flow and of stored water to Colorado shall be measured
by gauging stations located at or near John Martin dam and the releases to which Kansas is entitled shall be satisfied by an equivalent in state line flow.
(4) When water is released from John Martin reservoir appropriate
allowances as determined by the administration shall be made for the intervals of time required for such water to arrive at the points of diversion in Colorado and at the state line.
(5) There shall be no allowance or accumulation of credits or debits for or
against either state.
(6) Storage, releases from storage and releases of river flow authorized in
this article shall be accomplished pursuant to procedures prescribed by the administration under the provisions of article VIII.
F. In the event the administration finds that within a period of fourteen days
the water in the conservation pool will be or is liable to be exhausted, the administration shall forthwith notify the state engineer of Colorado, or his duly authorized representative, that commencing upon a day certain within said fourteen day period, unless a change of conditions justifies cancellation or modification of such notice, Colorado shall administer the decreed rights of water users in Colorado water district 67 as against each other and as against all rights now or hereafter decreed to water users diverting upstream from John Martin dam on the basis of relative priorities in the same manner in which their respective priority rights were administered by Colorado before John Martin reservoir began to operate and as though John Martin dam had not been constructed. Such priority administration by Colorado shall be continued until the administration finds that water is again available in the conservation pool for release as provided in this compact, and timely notice of such finding shall be given by the administration to the state engineer of Colorado or his duly authorized representative; provided, that except as controlled by the operation of the preceding provisions of this paragraph and other applicable provisions of this compact, when there is water in the conservation pool the water users upstream from John Martin reservoir shall not be affected by the decrees to the ditches in Colorado water district 67. Except when administration in Colorado is on a priority basis the water diversions in Colorado water district 67 shall be administered by Colorado in accordance with distribution agreements made from time to time between the water users in such district and filed with the administration and with the state engineer of Colorado or, in the absence of such agreement, upon the basis of the respective priority decrees, as against each other, in said district.
G. During periods when Colorado reverts to administration of decree
priorities, Kansas shall not be entitled to any portion of the river flow entering John Martin reservoir. Waters of the Arkansas river originating in Colorado which may flow across the state line during such periods are hereby apportioned to Kansas.
H. If the usable quantity and availability for use of the waters of the
Arkansas river to water users in Colorado water district 67 and Kansas will be thereby materially depleted or adversely affected, (1) priority rights now decreed to the ditches of Colorado water district 67 shall not hereafter be transferred to other water districts in Colorado or to points of diversion or places of use upstream from John Martin dam; and (2) the ditch diversion rights from the Arkansas river in Colorado water district 67 and of Kansas ditches between the state line and Garden City shall not hereafter be increased beyond the total present rights of said ditches, without the administration, in either case (1) or (2), making findings of fact that no such depletion or adverse effect will result from such proposed transfer or increase. Notice of legal proceedings for any such proposed transfer or increase shall be given to the administration in the manner and within the time provided by the laws of Colorado or Kansas in such cases.
Article VI
A. (1) Nothing in this compact shall be construed as impairing the jurisdiction
of Kansas over the waters of the Arkansas river that originate in Kansas and over the waters that flow from Colorado across the state line into Kansas.
(2) Except as otherwise provided, nothing in this compact shall be construed
as supplanting the administration by Colorado of the rights of appropriators of waters of the Arkansas river in said state as decreed to said appropriators by the courts of Colorado, nor as interfering with the distribution among said appropriators by Colorado, nor as curtailing the diversion and use for irrigation and other beneficial purposes in Colorado of the waters of the Arkansas river.
B. Inasmuch as the Frontier canal diverts waters of the Arkansas river in
Colorado west of the state line for irrigation uses in Kansas only, Colorado concedes to Kansas and Kansas hereby assumes exclusive administrative control over the operation of the Frontier canal and its headworks for such purposes, to the same extent as though said works were located entirely within the state of Kansas. Water carried across the state line in Frontier canal or any other similarly situated canal shall be considered to be part of the state line flow.
Article VII
A. Each state shall be subject to the terms of this compact. Where the name
of the state or the term state is used in this compact these shall be construed to include any person or entity of any nature whatsoever using, claiming or in any manner asserting any right to the use of the waters of the Arkansas river under the authority of that state.
B. This compact establishes no general principle or precedent with respect
to any other interstate stream.
C. Wherever any state or federal official agency is referred to in this
compact such reference shall apply to the comparable official or agency succeeding to their duties and functions.
Article VIII
A. To administer the provisions of this compact there is hereby created an
interstate agency to be known as the Arkansas river compact administration herein designated as the administration.
B. The administration shall have power to:
(1) Adopt, amend and revoke by-laws, rules and regulations consistent with
the provisions of this compact;
(2) Prescribe procedures for the administration of this compact: Provided,
that where such procedures involve the operation of John Martin reservoir project they shall be subject to the approval of the district engineer in charge of said project;
(3) Perform all functions required to implement this compact and to do all
things necessary, proper or convenient in the performance of its duties.
C. The membership of the administration shall consist of three
representatives from each state who shall be appointed by the respective governors for a term not to exceed four years. One Colorado representative shall be a resident of and water right owner in water districts 14 or 17, one Colorado representative shall be a resident of and water right owner in water district 67, and one Colorado representative shall be the director of the Colorado water conservation board. Two Kansas representatives shall be residents of and water right owners in the counties of Finney, Kearny or Hamilton, and one Kansas representative shall be the chief state official charged with the administration of water rights in Kansas. The President of the United States is hereby requested to designate a representative of the United States, and if a representative is so designated he shall be an ex officio member and act as chairman of the administration without vote.
D. The state representatives shall be appointed by the respective governors
within thirty days after the effective date of this compact. The administration shall meet and organize within sixty days after such effective date. A quorum for any meeting shall consist of four members of the administration: Provided, that at least two members are present from each state. Each state shall have but one vote in the administration and every decision, authorization or other action shall require unanimous vote. In case of a divided vote on any matter within the purview of the administration, the administration may, by subsequent unanimous vote, refer the matter for arbitration to the representative of the United States or other arbitrator or arbitrators, in which event the decision made by such arbitrator or arbitrators shall be binding upon the administration.
E. (1) The salaries, if any, and the personal expenses of each member shall be
paid by the government which he represents. All other expenses incident to the administration of this compact which are not paid by the United States shall be borne by the states on the basis of 60 per cent by Colorado and 40 per cent by Kansas.
(2) In each even numbered year the administration shall adopt and transmit
to the governor of each state its budget covering anticipated expenses for the forthcoming biennium and the amount thereof payable by each state. Each state shall appropriate and pay the amount due by it to the administration.
(3) The administration shall keep accurate accounts of all receipts and
disbursements and shall include a statement thereof, together with a certificate of audit by a certified public accountant, in its annual report. Each state shall have the right to make an examination and audit of the accounts of the administration at any time.
F. Each state shall provide such available facilities, equipment and other
assistance as the administration may need to carry out its duties. To supplement such available assistance the administration may employ engineering, legal, clerical and other aid as in its judgment may be necessary for the performance of its functions. Such employees shall be paid by and be responsible to the administration, and shall not be considered to be employees of either state.
G. (1) The administration shall co-operate with the chief official of each state
charged with the administration of water rights and with federal agencies in the systematic determination and correlation of the facts as to the flow and diversion of the waters of the Arkansas river and as to the operation and siltation of John Martin reservoir and other related structures. The administration shall co-operate in the procurement, interchange, compilation and publication of all factual data bearing upon the administration of this compact without, in general, duplicating measurements, observations or publications made by state or federal agencies. State officials shall furnish pertinent factual data to the administration upon its request. The administration shall, with the collaboration of the appropriate federal and state agencies, determine as may be necessary from time to time, the location of gauging stations required for the proper administration of this compact and shall designate the official records of such stations for its official use.
(2) The director, U. S. geological survey, the commissioner of reclamation
and the chief of engineers, U. S. Army, are hereby requested to collaborate with the administration and with appropriate state officials in the systematic determination and correlation of data referred to in paragraph G (1) of this article and in the execution of other duties of such officials which may be necessary for the proper administration of this compact.
(3) If deemed necessary for the administration of this compact, the
administration may require the installation and maintenance, at the expense of water users, of measuring devices of approved type in any ditch or group of ditches diverting water from the Arkansas river in Colorado or Kansas. The chief official of each state charged with the administration of water rights shall supervise the execution of the administration's requirements for such installations.
H. Violation of any of the provisions of this compact or other actions
prejudicial thereto which come to the attention of the administration shall be promptly investigated by it. When deemed advisable as the result of such investigation, the administration may report its findings and recommendations to the state official who is charged with the administration of water rights for appropriate action, it being the intent of this compact that enforcement of its terms shall be accomplished in general through the state agencies and officials charged with the administration of water rights.
I. Findings of fact made by the administration shall not be conclusive in any
court or before any agency or tribunal but shall constitute prima facie evidence of the facts found.
J. The administration shall report annually to the governors of the states and
to the President of the United States as to matters within its purview.
Article IX
A. This compact shall become effective when ratified by the legislature of
each state and when consented to by the congress of the United States by legislation providing substantially, among other things, as follows:
Nothing contained in this act or in the compact herein consented to shall be
construed as impairing or affecting the sovereignty of the United States or any of its rights or jurisdiction in and over the area or waters which are the subject of such compact: Provided, that the chief of engineers is hereby authorized to operate the conservation features of the John Martin reservoir project in a manner conforming to such compact with such exceptions as he and the administration created pursuant to the compact may jointly approve.
B. This compact shall remain in effect until modified or terminated by
unanimous action of the states and in the event of modification or termination all rights then established or recognized by this compact shall continue unimpaired.
IN WITNESS WHEREOF, the commissioners have signed this compact in
triplicate original, one of which shall be forwarded to the secretary of state of the United States of America and one of which shall be forwarded to the governor of each signatory state.
Done in the city and county of Denver, in the state of Colorado, on the
fourteenth day of December, in the year of our Lord one thousand nine hundred and forty-eight.
Henry C. Vidal,
Gail L. Ireland,
Harry B. Mendenhall,
Commissioners for Colorado.
Attest:
Warden L. Noe, Secretary.
George S. Knapp,
Edward F. Arn,
William E. Leavitt,
Roland H. Tate,
Commissioners for Kansas.
Approved:
Hans Kramer,
Representative of the
United States.
Source: L. 49: p. 485, � 1. CSA: C. 90, � 39(1). CRS 53: � 148-9-1. C.R.S. 1963:
� 149-9-1.
C.R.S. § 37-7-102
37-7-102. Injury to survey marks - penalty. The willful destruction, injury, or removal of any bench marks, witness marks, stakes, or other reference marks, placed by the surveyors or engineers of the district or by contractors in constructing the works of the district, is a misdemeanor, punishable by a fine of not more than one hundred dollars. The original field notes of surveys shall be the permanent property of the district.
Source: L. 22: p. 69, � 64. C.L. � 9578. CSA: C. 138, � 189. CRS 53: � 30-7-2.
C.R.S. 1963: � 29-7-2.
C.R.S. § 37-75-107
37-75-107. Interbasin compact committee operation fund - creation. (1) There is hereby created in the state treasury the interbasin compact committee operation fund, which shall be administered by the Colorado water conservation board and consists of all money transferred by the treasurer as specified in section 39-29-109 (2)(a)(II.5)(C). All money in the fund is continuously appropriated to the Colorado water conservation board for the purposes stated in this article 75. All money in the fund at the end of each fiscal year shall be retained in the fund and shall not revert to the general fund or any other fund.
(2) Repealed.
(3) Notwithstanding subsection (1) of this section, on April 30, 2021, the state
treasurer shall transfer two hundred ninety-seven thousand seven hundred fifty-nine dollars from the interbasin compact committee operation fund created in subsection (1) of this section to the severance tax operational fund created in section 39-29-109 (2)(b)(I).
Source: L. 2008: Entire section added, p. 1868, � 3, effective June 2. L. 2018:
Entire section amended, (HB 18-1338), ch. 201, p. 1311, � 12, effective May 4. L. 2021: (3) added, (SB 21-220), ch. 81, p. 310, � 4, effective April 30; (1) amended, (SB 21-281), ch. 255, p. 1503, � 14, effective June 18.
Editor's note: (1) For the text of subsection (2), enacted by HB 18-1338, in
effect from May 4, 2018, to July 1, 2018, see chapter 201, Session Laws of Colorado 2018. (L. 2018, p. 1311.)
(2) Subsection (2)(b) provided for the repeal of subsection (2), effective July
1, 2018. (See L. 2018, p. 1311.)
Cross references: For the legislative declaration in SB 21-281, see section 1
of chapter 255, Session Laws of Colorado 2021.
WATER RIGHTS AND IRRIGATION
General and Administrative
ARTICLE 80
State Engineer
Cross references: For the appointments and functions of water division
engineers, see � 37-92-202.
C.R.S. § 37-80-101
37-80-101. State engineer. Pursuant to section 13 of article XII of the state constitution, the governor shall appoint a state engineer. The office of the state engineer must be located within the state capitol complex. The state engineer shall be provided the resources, including an operating budget, necessary to discharge the duties of the office.
Source: L. 1889: p. 371, � 1. R.S. 08: � 3321. C.L. � 1803. CSA: C. 90, � 201.
CRS 53: � 147-11-1. C.R.S. 1963: � 148-11-1. L. 2017: Entire section amended, (SB 17-026), ch. 47, p. 139, � 1, effective August 9.
Cross references: For the state personnel system, see � 13 of art. XII, Colo.
Const., and article 50 of title 24.
C.R.S. § 37-80-101.5
37-80-101.5. Office of the state engineer. The office of the state engineer is created in the division of water resources in the department of natural resources and is a type 1 entity, as defined in section 24-1-105.
Source: L. 2022: Entire section added, (SB 22-162), ch. 469, p. 3410, � 168,
effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Moderization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 37-80-102
37-80-102. General duties of state engineer - supervision and utilization of employees - satellite and telemetry-based monitoring systems. (1) The state engineer is the executive officer in charge of supervising the work of all division engineers and may direct their supervision of their employees. The state engineer has executive responsibility and authority with respect to:
(a) Discharge of the obligations of the state of Colorado imposed by compact
or judicial order on the office of the state engineer;
(b) Securing and implementing legal opinions and assistance regarding the
work within his or her jurisdiction;
(c) Coordinating the work of the division of water resources with other
departments of the state government, including executive departments, the general assembly, educational institutions, and also related local government authorities and municipal and quasi-municipal corporations, subject to the provisions of subsection (6) of this section;
(d) The supervision of employees in the office of the division of water
resources, together with defining their duties so that all obligations of the division of water resources will be efficiently discharged;
(e) Construction contracts, professional and technical consultants, and other
contracts related to the operation of the division of water resources;
(f) The keeping and preparation of records and investigations as related to
carrying out the functions of the division of water resources, including water well licensing;
(g) Rule-making for the division of water resources;
(h) General supervisory control over measurement, record keeping, and
distribution of the public waters of the state;
(i) Collection and distribution of data on snowfall and prediction of probable
runoff therefrom;
(j) The making and implementing of contracts with public and private
agencies, individuals, corporations, and other entities as necessary for the operation of the division of water resources and performance of the duties of the state engineer's office;
(k) Such other acts as may be reasonably necessary to enable the state
engineer to secure the effective and efficient operation of the division of water resources, including power and authority to make and enforce rules as he or she may find necessary to effectuate the performance of his or her duties. The making of rules is not a prerequisite to control of personnel of the division of water resources or the performance of the state engineer's duties under the constitution or laws of Colorado or any compact, treaty, or judicial decree or decision that does not, by its specific terms, require implementation by rule.
(l) Receiving and expending grants and distributions of money, property, and
equipment from the Colorado water conservation board, another entity, or an individual for use in making investigations, contracting projects, or otherwise carrying out the purposes of this article 80. The grants and distributions from the Colorado water conservation board are continuously appropriated to the state engineer for the purposes set forth in this section.
(2) The state engineer has authority to delegate to any other person the
obligation to discharge one or more portions of the duties imposed upon him, but no such delegation shall relieve the state engineer of ultimate responsibility for proper and efficient conduct of his office or the duties devolving upon him. The state engineer may reassign or delegate duties and responsibilities as he may find necessary or desirable.
(3) In addition to statutory duties devolving upon division engineers and
others who are within the general supervision of the state engineer, their duties may be enlarged by the state engineer who shall collaborate with those having statutory duties so as to provide sufficient ancillary assistance to them so as to enable them to efficiently discharge their duties and obligations as state officers or employees. Insofar as reasonably possible, duties and lines of authority shall be established in written form and related to particular offices or employment.
(4) Employees within each general classification shall be deployed by the
state engineer to work in such locations and according to patterns of accomplishment to be established from time to time by the state engineer. The state engineer shall avoid unnecessary or unreasonable changes in location of the place of performance of duties of those under his authority, but, within limits of the exercise of reasonable judgment, he has full, final, and complete authority to require persons within the division of water resources, temporarily or on a basis of relative permanence, to perform their duties in those areas which the state engineer finds necessary or desirable for the most efficient or effective operation and discharge of the functions under his authority.
(5) To such extent as is reasonably necessary to keep employees of the
division of water resources abreast of developments and knowledge in the field of their duties, the state engineer has authority to make necessary arrangements for educational opportunities and experiences for the various employees in the division of water resources including himself, in order that all personnel of the division of water resources may be qualified to effectively meet their responsibilities.
(6) (a) The state engineer and those under his supervision shall be subject to
the direction of the executive director of the department of natural resources with respect to those matters concerning the division of water resources which require coordination with other branches of the department of natural resources.
(b) Repealed.
(7) Under the control and direction of the state engineer, and in cooperation
with the Colorado water conservation board, there shall be a water supply section, which has the duty to collect and study data and distribute such information on the water supplies, both surface and groundwater, of the state of Colorado in order to make a more efficient administration of the uses thereof. The state engineer shall employ such hydrologists and hydraulic engineers as are necessary to determine sources of water supply, forecast runoff, define characteristics and amounts of return flows, and determine diversion requirements, transmission losses, evaporation losses, historic usage, and general stream regimen.
(8) The state engineer shall use in all his calculations, measurements,
records, and reports the cubic foot per second as the unit of measurement of flowing water and the cubic foot or acre-foot as the unit of measurement of volume.
(9) Repealed.
(10) The state engineer is authorized to accept, operate, and house in
suitable locations automated data processing equipment and programs associated with satellite or telemetry-based monitoring systems dedicated to the state of Colorado for operation and use by the Colorado state engineer. The state engineer shall use new technology that becomes available if the technology:
(a) Can accomplish the same functions for which the state engineer uses
satellite or telemetry-based monitoring systems; and
(b) Is more cost-effective than satellite or telemetry-based monitoring
systems with respect to any costs borne by:
(I) The state engineer;
(II) Program donors; and
(III) Water users.
Source: L. 1889: p. 372, � 2. R.S. 08: � 3322. C.L. � 1804. CSA: C. 90, � 203.
CRS 53: � 147-11-3. C.R.S. 1963: � 148-11-3. L. 64: p. 178, � 156. L. 69: p. 1192, � 2. L. 77: (6)(b) repealed, p. 289, � 69, effective June 29. L. 83: (9) added, p. 1405, � 1, effective June 1. L. 84: (10) added, p. 960, � 1, effective April 2; (9) repealed, p. 969, � 13, effective April 30. L. 88: (10) amended, p. 1433, � 20, effective June 11. L. 2012, 1st Ex. Sess.: IP(1) amended and (1)(l) added, (SB 12S-002), ch. 1, p. 2420, � 18, effective May 19. L. 2017: (1)(b), (1)(j), (1)(k), (1)(l), and (10) amended, (SB 17-026), ch. 47, p. 140, � 2, effective August 9.
Cross references: For the state engineer as head of the division of water
resources, see �� 24-1-124 (3)(a) and 24-33-104 (1)(e); for fees collected by state engineer, see � 37-80-110; for compensation of state engineer, see � 37-80-113; for powers of the state engineer to enforce laws concerning groundwater, see � 37-90-110; for duty of state engineer to appoint water division engineers, see � 37-92-202.
C.R.S. § 37-80-103
37-80-103. Additional duties of state engineer. The state engineer shall perform all duties imposed upon him by law and, when called upon by the governor, shall give his counsel and services to any state department or institution. He shall be allowed all actual traveling and other necessary expenses and the actual cost of preparing necessary maps and drawings, which actual expenses shall be paid by the department or institution requiring his services.
Source: L. 1889: p. 373, � 6. R.S. 08: � 3325. C.L. � 1808. CSA: C. 90, � 207.
CRS 53: � 147-11-6. C.R.S. 1963: � 148-11-6.
Cross references: For the state engineer as head of the division of water
resources, see �� 24-1-124 (3)(a) and 24-33-104 (1)(e); for fees collected by state engineer, see � 37-80-110; for compensation of state engineer, see � 37-80-113; for powers of the state engineer to enforce laws concerning groundwater, see � 37-90-110; for duty of state engineer to appoint water division engineers, see � 37-92-202.
C.R.S. § 37-80-104
37-80-104. Compact requirements - state engineer's duties. The state engineer shall make and enforce such regulations with respect to deliveries of water as will enable the state of Colorado to meet its compact commitments. In those cases where the compact is deficient in establishing standards for administration within Colorado to provide for meeting its terms, the state engineer shall make such regulations as will be legal and equitable to regulate distribution among the appropriators within Colorado obligated to curtail diversions to meet compact commitments, so as to restore lawful use conditions as they were before the effective date of the compact insofar as possible.
Source: L. 69: p. 1195, � 5. C.R.S. 1963: � 148-11-24.
C.R.S. § 37-80-105
37-80-105. Supervision over division engineers. (1) The state engineer shall:
(a) Supervise the work of the division engineers;
(b) Furnish division engineers with all the data and information necessary for
the proper and intelligent discharge of the duties of their offices;
(c) Require division engineers to report their official actions to him or her at
suitable times; and
(d) Require division engineers to submit annual reports of the amount of
water diverted from the public streams in their respective divisions and any other statistics that, in the judgment of the state engineer, will benefit the state.
Source: L. 1889: p. 373, � 4. R.S. 08: � 3324. C.L. � 1807. CSA: C. 90, � 206.
CRS 53: � 147-11-5. C.R.S. 1963: � 148-11-5. L. 69: p. 1222, � 15. L. 2017: Entire section amended, (SB 17-026), ch. 47, p. 141, � 3, effective August 9.
C.R.S. § 37-80-106
37-80-106. Appointment of deputies. (1) The state engineer may appoint one or more deputies to assist in the discharge of the duties of the state engineer's office. The state engineer may deputize any person to perform a particular service, and the state engineer may revoke such appointments when, in his or her judgment, there is no further need for the services of anyone appointed or deputized. The appointments and revocations of appointments must be in writing over the signature and official seal of the state engineer, and the original of each appointment or revocation shall be maintained in the state engineer's office.
(2) In addition to the deputies provided for in this section, the state engineer
may employ, pursuant to section 13 of article XII of the state constitution, assistants as the state engineer deems necessary.
Source: L. 1889: p. 373, � 7. R.S. 08: � 3327. C.L. � 1810. L. 35: p. 1058, � 1.
CSA: C. 90, � 209. CRS 53: � 147-11-9. C.R.S. 1963: � 148-11-9. L. 2017: Entire section amended, (SB 17-026), ch. 47, p. 141, � 4, effective August 9.
Cross references: For the state personnel system, see � 13 of art. XII, Colo.
Const., and article 50 of title 24.
C.R.S. § 37-80-107
37-80-107. Employment of engineers or geologists. The state engineer may employ one or more consulting engineers, geologists, or other specialists to advise the state engineer or any division engineer concerning any diversion or proposed diversion of the waters of the state including the sufficiency of any reservoirs or other structures involved in the diversion.
Source: L. 35: p. 1060, � 1. CSA: C. 90, � 212. CRS 53: � 147-11-11. C.R.S. 1963:
� 148-11-11. L. 69: p. 1222, � 16. L. 2017: Entire section amended, (SB 17-026), ch. 47, p. 141, � 5, effective August 9.
C.R.S. § 37-80-108
37-80-108. Appoint deputy for special work. The state engineer, on request of any party interested and on payment of his or her per diem charges and reasonable expenses, may appoint a deputy to measure, compute, and ascertain all necessary data of any canal, dam, reservoir, or other construction, as required or as may be desired to establish court decrees, or for filing statements in compliance with law in the county clerk and recorder's records.
Source: L. 1889: p. 373, � 5. R.S. 08: � 3326. C.L. � 1809. CSA: C. 90, � 208.
CRS 53: � 147-11-8. C.R.S. 1963: � 148-11-8. L. 2017: Entire section amended, (SB 17-026), ch. 47, p. 142, � 6, effective August 9.
C.R.S. § 37-80-109
37-80-109. State engineer's authority to contract for services. (1) The state engineer shall secure the limited or temporary services of persons necessary to carry out the duties or functions of the division of water resources in cases where it would be infeasible or impractical for regular state employees to perform the duties or functions, especially in the following instances:
(a) In which work is of such a nature as to require special training or
aptitudes and is of such limited application that the full-time regular employment normally expected of state employees would be unduly expensive;
(b) In nonrecurring situations of limited duration in which the situation can be
concluded within a reasonable time by special assistants but could not be concluded without such assistance;
(c) To meet emergencies that reasonable foresight could not have
anticipated; and
(d) To furnish services that the state engineer may require of persons who
deal with the state engineer's office and who will fully reimburse the state engineer for the services.
(2) Whenever there are more hearings or determinations before the state
engineer and the division engineers than can be acted upon promptly, the state engineer shall employ and maintain adequate personnel to assist the state engineer and the division engineers in arriving at required determinations. Regular employees may provide such assistance or, in cases falling within the purview of subsection (1) of this section, temporary employees on a contract basis may provide such assistance.
(3) In the same manner provided for in subsection (2) of this section, the
state engineer may employ and maintain personnel to adequately staff any water conservation project provided for by law.
(4) The state engineer shall employ and maintain appropriate personnel for
keeping records and making investigations respecting the performance of the functions of the state engineer's office and shall provide similar personnel in the office of each division engineer to function under the general direction of the office.
Source: L. 69: p. 1195, � 4. C.R.S. 1963: � 148-11-23. L. 2017: Entire section
amended, (SB 17-026), ch. 47, p. 142, � 7, effective August 9.
C.R.S. § 37-80-110
37-80-110. Fees collected by state engineer. (1) The state engineer shall collect fees for work done in his or her office as follows:
(a) to (d) Repealed.
(e) With respect to a proposed project for a dam, for the examination and
filing of each set of plans and specifications required by law to be filed in the office of the state engineer, six dollars for each one thousand dollars or fraction thereof of the estimated cost of a proposed project; but the total amount of fees for examination and filing of each set of plans and specifications must not be less than one hundred dollars nor more than thirty thousand dollars;
(f) to (h) Repealed.
(i) For rating any pipe, ditch, canal, or reservoir inlet or outlet, at the request
of the owner or of any agent or employee having control of the pipe, ditch, canal, or reservoir inlet or outlet, seventy-five dollars.
(2) Repealed.
Source: L. 03: p. 294, � 1. R.S. 08: � 3332. L. 11: p. 607, � 1. L. 19: p. 657, � 1.
C.L. � 1815. L. 25: p. 479, � 1. L. 35: p. 1062, � 1. CSA: C. 90, � 216. CRS 53: � 147-11-15. L. 57: p. 861, � 1. C.R.S. 1963: � 148-11-15. L. 90: (1)(e) amended, p. 1616, � 2, effective July 1. L. 2015: IP(1) and (1)(e) amended, (HB 15-1247), ch. 305, p. 1252, � 1, effective September 1, 2016. L. 2017: (1)(a) to (1)(d), (1)(f), (1)(g), (1)(h), and (2) repealed and (1)(i) amended, (SB 17-026), ch. 47, p. 143, � 8, effective August 9.
C.R.S. § 37-80-111.5
37-80-111.5. Fees - rules - satellite monitoring system cash fund - well inspection cash fund - created.
(1) (a) and (b) Repealed.
(c) The state engineer shall set and collect fees by rule for the use of the
equipment and programs of the satellite and telemetry-based monitoring systems authorized under section 37-80-102 (10). All such fees collected by the state engineer and any other money received from whatever source for the satellite and telemetry-based monitoring systems shall be transmitted to the satellite monitoring system cash fund, which fund is hereby created. The state engineer may expend money in the satellite monitoring system cash fund for the purposes of section 37-80-102 (10) and this subsection (1)(c), subject to appropriation by the general assembly.
(d) Of each fee collected pursuant to sections 37-90-105 (3)(a)(I) and (4)(a);
37-90-107 (7)(d)(I); 37-90-116 (1)(a), (1)(c), and (1)(h); 37-90-137 (2)(a); 37-90.5-106; 37-90.5-107; and 37-92-602 (3)(a) and (5), a portion shall be credited to the well inspection cash fund, which fund is created. The amount of the portion transferred to the well inspection cash fund is forty dollars, and this amount may be modified by rules adopted by the board of examiners pursuant to section 37-91-104 (1)(c). Money in the well inspection cash fund shall be continuously appropriated to and expended by the state engineer for the purposes established in section 37-91-113. Any money credited to the well inspection cash fund and unexpended at the end of any given state fiscal year remains in the fund and does not revert to the general fund. All interest derived from the deposit and investment of this fund remains in the fund and does not revert to the general fund.
(2) Repealed.
(3) Nothing in this section requires the purchase of any publication referred
to in this section.
(4) Repealed.
Source: L. 85: Entire section added, p. 1155, � 2, effective July 1. L. 87: (1)(d)
added and (2) amended, pp. 1300, 1301, ��1, 2, effective July 1. L. 89: (4) repealed, p. 1419, � 1, effective April 20. L. 93: (1)(c) amended, p. 4, � 3, effective February 16. L. 98: (1)(d) amended, p. 1211, � 1, effective August 5. L. 2002: (1)(d) amended, p. 463, � 2, effective May 23. L. 2003: (1)(d) amended, p. 42, � 2, effective (see editor's note); (1)(d) amended, p. 1682, � 13, effective May 14. L. 2006: (1)(d) amended, p. 1002, � 5, effective May 25. L. 2009: (1)(d) amended, (SB 09-080), ch. 179, p. 788, � 1, effective July 1. L. 2012: (1)(a), (1)(b), and (2) repealed and (1)(d) amended, (SB 12-009), ch. 197, p. 790, � 2, effective July 1. L. 2017: (1)(c) and (3) amended, (SB 17-026), ch. 47, p. 144, � 9, effective August 9. L. 2025: (1)(d) amended, (HB 25-1165), ch. 257, p. 1301, � 7, effective August 6.
Editor's note: Section 10 of chapter 7, Session Laws of Colorado 2003,
provides for an effective date of March 1, 2003; however, the Governor did not sign the act until March 5, 2003.
Cross references: For the legislative declaration contained in the 2003 act
amending subsection (1)(d), see section 1 of chapter 7, Session Laws of Colorado 2003. For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.
C.R.S. § 37-80-111.7
37-80-111.7. Water resources cash fund - created - uses. (1) There is hereby created in the state treasury the water resources cash fund, referred to in this section as the fund. Revenues credited to the fund and unexpended at the end of each fiscal year remain in the fund and do not revert to the general fund. All interest derived from the deposit and investment of revenues in the fund remain in the fund and do not revert to the general fund.
(2) The state engineer shall collect the following fees and transmit them to
the state treasurer, who shall credit them to the fund, except as specified in subsection (2)(b) of this section:
(a) The state engineer shall set fees by rule for:
(I) The distribution of data generated, collected, studied, and compiled about
the water supplies of this state, which fees shall reflect the direct and indirect costs of such distribution;
(II) The sale of publications of the division of water resources, which fees
shall reflect the direct and indirect costs of such publications;
(b) The state engineer shall collect fees pursuant to sections 37-90-105
(3)(a) and (4); 37-90-107 (7)(c)(I) and (7)(d)(I); 37-90-108 (4) and (6); 37-90-116 (1)(a), (1)(c), (1)(h), and (1)(i); 37-90-137 (2), (3)(a), and (3)(c); 37-90.5-106; 37-90.5-107; 37-92-305 (17); 37-92-308; and 37-92-602 (1)(g)(III)(C), (3)(a), and (5). The state treasurer shall credit the fees collected pursuant to this subsection (2)(b) to the fund except as specified in section 37-80-111.5 (1)(d).
(3) The state engineer may expend moneys in the fund, subject to
appropriation by the general assembly, for the purposes specified in the sections listed in paragraph (b) of subsection (2) of this section and for the following purposes:
(a) Developing an automated well permit processing system that will
expedite the issuance of well permits, creating and maintaining a groundwater information management system, establishing a groundwater data network, establishing groundwater recharge programs, conducting groundwater investigations, monitoring compliance with rooftop precipitation capture laws and permits pursuant to section 37-92-602 (1)(g), the administration of rotational crop management contracts, and for other groundwater-related activities that are deemed necessary by the state engineer in performing statutory duties, subject to appropriation by the general assembly. The office of the state engineer shall make data in the groundwater data network available to the public as expeditiously as possible.
(b) Paying for publications made pursuant to section 37-90-116 (1)(f) to
process final permits pursuant to section 37-90-108;
(c) Reviewing applications for approval of a plan for augmentation or a plan
of substitute supply pursuant to section 37-90-137 (11)(f);
(d) Investigating and conducting enforcement of violations of orders issued
by the state engineer or the ground water commission for the illegal withdrawal of designated groundwater, including costs associated with the implementation of section 37-90-111.5;
(e) Reviewing engineering reports, field inspections, and administering
rotational crop management contracts pursuant to section 37-92-305 (17);
(f) Publishing and administrative costs incurred in processing applications
and renewals and administering substitute water supply plans pursuant to section 37-92-308;
(g) Publishing and administrative costs incurred in processing applications,
reviewing engineering reports, and administering interruptible water supply agreements pursuant to section 37-92-309; and
(h) Funding the operations and administration of the division based on
ongoing priorities of the division.
Source: L. 2012: Entire section added, (SB 12-009), ch. 197, p. 788, � 1,
effective July 1. L. 2014: (2)(b) amended, (SB 14-105), ch. 48, p. 226, � 1, effective July 1. L. 2016: IP(3) amended, (SB 16-189), ch. 210, p. 791, � 101, effective June 6. L. 2025: IP(2) and (2)(b) amended, (HB 25-1165), ch. 257, p. 1301, � 8, effective August 6.
Cross references: For the legislative declaration in HB 25-1165, see section 1
of chapter 257, Session Laws of Colorado 2025.
C.R.S. § 37-80-112
37-80-112. Report of state engineer. The state engineer shall report to the executive director of the department of natural resources at such times and on such matters concerning the state engineer's office and the division of water resources as the executive director may require.
Source: L. 1889: p. 374, � 11. R.S. 08: � 3331. C.L. � 1814. CSA: C. 90, � 215.
CRS 53: � 147-11-14. C.R.S. 1963: � 148-11-14. L. 64: p. 178, � 157. L. 2017: Entire section amended, (SB 17-026), ch. 47, p. 144, � 10, effective August 9.
Cross references: For publication of reports and statistics concerning water
development and supply, see � 37-60-117.
C.R.S. § 37-80-113
37-80-113. State engineer - qualifications - salary - conflict of interest. (1) The state personnel director shall require that the state engineer is a person qualified to be a registered engineer in Colorado having the background of knowledge and experience in areas essential to the proper discharge of his duties and functions.
(2) The salary of the state engineer shall be fixed, within the authority
granted by section 13 of article XII of the state constitution at a grade requiring compensation adequate to attract and hold in regular employment a person qualified to carry out the functions, duties, and responsibilities of the office, and shall be paid out of general funds of the state as the salaries of the executive officers of the state are paid.
(3) If the state engineer has any personal interest in any matter coming
before his office for decision, he shall immediately notify the governor in writing, delineating that interest, and the governor has authority to designate some appropriate person to carry out the functions of the state engineer regarding such matters and to cause such person to be paid a reasonable amount for his services. Personal interest does not mean those matters which members of the public generally may have with respect to any given subject.
Source: L. 27: p. 648, � 1. CSA: C. 90, � 202. CRS 53: � 147-11-2. C.R.S. 1963:
� 148-11-2. L. 69: p. 1192, � 1.
Cross references: For the state personnel system, see � 13 of art. XII, Colo.
Const., and article 50 of title 24; for compensation of state engineer for county boundary surveys, see � 30-6-111.
C.R.S. § 37-80-114
37-80-114. Deputy state engineer - powers. (1) The state engineer shall appoint a deputy state engineer, subject to section 13 of article XII of the state constitution, whose duties are to assist the state engineer in the administration of the state engineer's office. The deputy state engineer has the power to act for the state engineer in all of the state engineer's official duties, including the administration of interstate river compacts, when the state engineer is out of the office or when the state engineer so directs the deputy state engineer.
(2) The salary of the deputy state engineer shall be paid as the salaries of
the officers of the executive department of the state are paid. The deputy state engineer shall also receive reimbursement for the actual necessary expenses incurred in the performance of his or her official duties, as the state engineer shall allot from funds appropriated for that purpose. The controller is authorized to pay warrants for the deputy state engineer's salary and expenses upon vouchers approved by the state engineer.
(3) (Deleted by amendment, L. 2017.)
Source: L. 43: p. 374, �� 1-3. CSA: C. 90, � 207(1). CRS 53: � 147-11-7. C.R.S.
1963: � 148-11-7. L. 2017: Entire section amended, (SB 17-026), ch. 47, p. 144, � 11, effective August 9.
Cross references: For the state personnel system, see � 13 of art. XII, Colo.
Const., and article 50 of title 24.
C.R.S. § 37-80-115
37-80-115. Performance of personnel - duties. (1) The state engineer shall furnish such directions and require such performance with respect to the work of those under his jurisdiction as will ensure continuous, efficient, and effective discharge of the functions of the division of water resources.
(2) It is the duty of the state engineer to call to the attention of the state
personnel director any conduct or failure of conduct of any employee in the division of water resources which would merit discharge or discipline beyond the authority of the state engineer, and, if necessary, he shall file formal charges with respect to such matters.
(3) Default in performance of his duties by the state engineer may be made
the subject of charges by the executive director of the department of natural resources or the governor.
(4) Effective administration being essential to good government, it is the
duty of the state personnel board to promptly hear, determine, and take action necessary to make effective the provisions of this section whenever the occasion may rise, and such board may, of its own motion, undertake whatever action may be necessary to ensure efficient and honorable conduct on the part of employees within the division of water resources.
Source: L. 69: R&RE, p. 1194, � 3. C.R.S. 1963: � 148-11-4.
C.R.S. § 37-80-116
37-80-116. Legal services authorized. (1) (a) The attorney general shall assign an assistant from his or her office to act as an advisor to the state engineer and to the various employees of the state who are subject to the administrative authority of the state engineer. The state engineer shall use the services of the assistant to whatever extent the performance of his or her duties can be facilitated by legal consultation.
(b) To whatever extent additional legal services are required, they must be
procured at the request of the state engineer, but the cost of their services must be paid for out of funds budgeted to the state engineer for professional services, and in preparing budgets the state engineer shall anticipate his or her probable requirements for such additional assistants. All such assistants are selected by and serve at the pleasure of the attorney general and may include attorneys employed for special areas of the state or for the performance of specific duties on a fee rather than salary basis.
(2) The state engineer and the various division engineers may call on the
assistant attorney general assigned to the state engineer, or any additional assistants who may be employed, to furnish services customarily furnished by lawyers.
Source: L. 69: R&RE, p. 1196, � 6. C.R.S. 1963: � 148-11-13. L. 2016: (1)
amended, (HB 16-1094), ch. 94, p. 269, � 21, effective August 10.
C.R.S. § 37-80-117
37-80-117. Regulation of water for measurements. Whenever it is necessary for any duly authorized hydrographer from the office of the state engineer, or any hydrographer duly authorized by the state engineer or division engineer or water commissioner, or for any water official to make a rating of any weir or flume or measuring section of any canal, the owners, superintendent, or persons having charge and control of the diversion of water into said canal shall increase and decrease the flow of water into said canal as may be ordered and required by the person making such measurements in order that accurate ratings may be taken of the water flowing in said canal at different depths and gauge heights. Any person refusing so to regulate the flow of water into said canal for such purpose is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars for the first offense and not more than five hundred dollars for the second and succeeding offenses.
Source: L. 21: p. 481, � 5. C.L. � 1822. CSA: C. 90, � 223. CRS 53: � 147-11-21.
C.R.S. 1963: � 148-11-21.
C.R.S. § 37-80-118
37-80-118. False reports of gauge heights. Any headgate keeper, owner, employee, or other person having charge of any automatic self-registering device installed and operated pursuant to order of the state engineer or a division engineer or compiling gauge height records pursuant to order of the state engineer or division engineer, or any gauge height observer at any river station in this state, installed, maintained, and operated for the purpose of recording the amount of water flowing in said stream, or any reservoir keeper having charge of the keeping of gauge height records on weirs on intakes or outlets of reservoirs who makes false or fictitious reports of gauge heights or who alters, changes, or falsifies any gauge height record or report or who alters or modifies the record made by any automatic self-registering device is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars for each violation of the provisions of this section.
Source: L. 21: p. 480, � 3. C.L. � 1820. CSA: C. 90, � 221. CRS 53: � 147-11-19.
C.R.S. 1963: � 148-11-19. L. 69: p. 1223, � 18.
C.R.S. § 37-80-120
37-80-120. Upstream storage - substitute supply - historic natural depletion. (1) In every case in which the state engineer finds that water can be stored out of priority under circumstances such that the water so stored can be promptly made available to downstream senior storage appropriators in case they are unable to completely store their entire appropriative right due to insufficient water supply, the state engineer may permit such upstream storage out of priority, but such storage water shall be promptly released on demand of a downstream senior whenever needed by such senior for actual use.
(2) Individuals and private or public entities, alone or in concert, may provide
a substituted supply of water to one or more appropriators senior to them, not to exceed that to which any senior appropriator is entitled from time to time by virtue of his appropriations, and, to the extent that such substituted water is made available to meet the appropriative requirements of such senior, the right of such senior to draw water pursuant to his appropriation shall be deemed to be satisfied. The rights of such senior may be used for effectuating such substitution during the period while it is in operation, and the practice may be confirmed by court order as provided for determining water rights.
(3) Any substituted water shall be of a quality and continuity to meet the
requirements of use to which the senior appropriation has normally been put.
(4) Whenever substitute water is supplied to a senior ditch, the supplier or
his assignee may take an equivalent amount for beneficial use from water of the state of Colorado to the fullest extent possible without impairing the availability of water lawfully divertible by others. A practice of substitution or exchange pursuant to law may constitute an appropriative right and may be adjudicated or otherwise evidenced as any other right of appropriation.
(5) In determining the quantity of water required as a substitute supply to
replace evaporation from groundwater exposed to the atmosphere in connection with the extraction of sand and gravel by open mining as defined in section 34-32-103 (9), C.R.S., there shall be no requirement to replace the amount of historic natural depletion to the waters of the state, if any, caused by the preexisting natural vegetative cover on the surface of the area which will be, or which has been, permanently replaced by an open water surface. The applicant shall bear the burden of proving the historic natural depletion.
(6) In determining the quantity of water required as a substitute supply to
replace stream depletions in connection with any mining operation as defined in section 34-32-103 (8), C.R.S., for which a reclamation permit has been obtained as set forth in section 34-32-109, C.R.S., there is no requirement to replace the amount of historic natural depletion to the waters of the state, if any, caused by the preexisting natural vegetative cover and evaporation on the surface of the area that will be, or that has been, eliminated or made impermeable as part of the permitted mining operation. The applicant bears the burden of proving the historic natural depletion.
Source: L. 69: p. 1196, � 8. C.R.S. 1963: � 148-11-25. L. 89: (5) added, p. 1425,
� 4, effective July 15. L. 2012: (6) added, (HB 12-1022), ch. 15, p. 38, � 1, effective August 8.
C.R.S. § 37-80-122
37-80-122. South Platte river alluvial aquifer groundwater monitoring network. (1) The state engineer shall, as specified in this section, design and operate a tributary groundwater monitoring network in the South Platte river alluvial aquifer, referred to in this section as the monitoring network. The objective of the monitoring network is to:
(a) Provide accurate groundwater level data to be used in scientific
investigations, analyses, and decision-making;
(b) Increase the public's understanding of and access to data regarding the
movement of tributary groundwater in the South Platte river alluvial aquifer; and
(c) Assist in water planning.
(2) The monitoring network consists of the following components:
(a) (I) The following groundwater wells to be used for monitoring
groundwater levels with the goal of identifying ambient groundwater conditions, or the effects of natural, climatic-related hydrologic stresses, and anthropogenic influences on the aquifer:
(A) The existing division of water resources groundwater monitoring
network, the addition of data loggers on up to twenty existing wells in the network, and up to ten wells to be added to the network in areas where there are data gaps, as more definitively described in the recommendations of the technical committee of the South Platte basin roundtable dated November 18, 2014, and as modified on November 21, 2014;
(B) Wells that are part of an independent monitoring network and owned by
qualified parties other than the division of water resources who submit their groundwater monitoring data to the monitoring network. The division of water resources, the metro roundtable, the South Platte basin roundtable, and the Colorado water conservation board shall cooperatively lead the effort to recruit these qualified parties and provide them with a clear understanding of the benefits to the qualified parties of providing data to motivate their participation.
(C) Additional wells that have been designated by the state engineer to be
part of the monitoring network.
(II) In designating wells to be part of the network, including new wells and
the addition of data loggers, the state engineer, in consultation with the Colorado water conservation board and after soliciting and considering public input, shall attempt to:
(A) Provide good geographic, hydrogeologic, and temporal coverage of the
South Platte river alluvial aquifer, including: Wells that monitor groundwater that is relatively free of land use, diversion, and recharge effects; wells with high water conditions and those that show strong trends in water level change since 2003; and wells that demonstrate the effects of diversion structures;
(B) Include wells in areas that exhibit short-term responses to human-induced activities in the aquifer and areas that show long-term trends as a result of
the same activities;
(C) Include as many wells as possible that have a long, uninterrupted history
of data;
(D) Optimize the collection of continuous data as opposed to twice-yearly or
other periodic data; and
(E) Consider not only the up-front costs of designating or adding the wells
but also the long-term cost of maintaining them as part of the monitoring network;
(b) Data analysis standards and protocols. The state engineer, in
consultation with the Colorado water conservation board and after soliciting and considering public input, shall develop and publish one or more protocols for groundwater level data measurement, data collection, and data entry, and shall attempt to automate, where practical, the process of collecting groundwater-level data and uploading it to the division of water resources' website. The state engineer shall enter and upload the data within thirty days after receiving it.
(c) Dissemination of the monitoring data. The division of water resources
shall make the data available on its website and otherwise as specified by the state engineer.
(3) In the design and operation of the monitoring network, the state engineer
shall consider and be guided by:
(a) The Report to the Colorado Legislature: HB12-1278 Study of the South
Platte River Alluvial Aquifer, dated December 31, 2013, prepared by the Colorado Water Institute; and
(b) The recommendations of the technical committee of the South Platte
basin roundtable dated November18, 2014, and as modified on November 21, 2014.
(4) The revenues to pay the costs of implementing this section are payable
from the Colorado water conservation board construction fund as specified in section 37-60-121 (1)(b)(II); except that, if revenues in the Colorado water conservation board construction fund are insufficient to meet all other lawful uses of the fund, the revenues to pay the costs of implementing this section are payable from the general fund. If the United States geological survey discontinues funding of groundwater monitoring for one or more wells that are part of the monitoring network, the cost of operating and maintaining such wells may be paid from one or both of the funds, and in the manner, specified in this subsection (4).
Source: L. 2015: Entire section added, (HB 15-1166), ch. 302, p. 1243, � 1,
effective June 5.
C.R.S. § 37-80-123
37-80-123. Lease, loan, or trade of agricultural water protection water right - rules - definition. (1) (a) As soon as practicable, the state engineer shall initiate the promulgation of rules governing the review of a substitute water supply plan pursuant to section 37-92-308 (12). In promulgating the rules, the state engineer shall follow the state engineer's own rule-making procedures.
(b) The rules must include:
(I) Terms and conditions that the state engineer may impose through an
approved substitute water supply plan pursuant to section 37-92-308 (12);
(II) Criteria that the state engineer should consider in reviewing a substitute
water supply plan application filed pursuant to section 37-92-308 (12);
(III) Criteria to ensure that substitute water supply plans approved pursuant
to section 37-92-308 (12) do not facilitate the diversion of water between water divisions by direct diversion, exchange, replacement, or other means;
(IV) Procedures by which the state engineer may reconsider a decision; and
(V) Procedures for creating a database that tracks and inventories substitute
water supply plans approved under section 37-92-308 (12) and for making the following information from the database accessible to the public:
(A) The amount of water subject to each approved plan;
(B) The location of use of water under each approved plan; and
(C) The decreed beneficial use of water leased, loaned, or traded in
connection with each approved plan.
(c) The water judge for water division 1 shall review the rules promulgated
under this section in accordance with the procedures set forth in section 37-92-501 (2)(g), (3)(a), and (3)(b).
(2) As used in this section, agricultural water protection water right has the
same meaning as in section 37-92-305 (19)(a).
Source: L. 2016: Entire section added, (HB 16-1228), ch. 175, p. 599, � 2,
effective August 10.
C.R.S. § 37-80-124
37-80-124. State engineer - designation of fire suppression ponds - conditional requirements - inspections - expiration of designation - database - reviews by water courts. (1) For the purposes of section 37-82-107, the state engineer shall:
(a) Review applications received from boards of county commissioners
concerning the designation of ponds as fire suppression ponds; and
(b) At the state engineer's discretion, designate ponds as fire suppression
ponds.
(2) In considering whether to designate a pond as a fire suppression pond,
the state engineer shall:
(a) Consider whether the needs assessment performed for the pond
pursuant to section 37-82-107 (3)(a)(II) evaluated the criteria established by rules promulgated by the division of fire prevention and control pursuant to section 37-82-107 (5); and
(b) Verify that the pond satisfies the requirements described in subsection
(10)(a)(II) of this section.
(3) The state engineer may establish a standard written or electronic form
for boards of county commissioners to use to apply for the designation of a pond as a fire suppression pond.
(4) Within one hundred fifty-four days after receiving an application to
designate a fire suppression pond, the state engineer shall:
(a) Review the application; and
(b) At the state engineer's discretion, designate a pond as a fire suppression
pond, deny the application, schedule a hearing, or request additional information.
(5) As a condition of designating a pond as a fire suppression pond pursuant
to this section, the state engineer may impose reasonable requirements on a board of county commissioners, including requirements for measuring and recording devices.
(6) If the state engineer designates a pond as a fire suppression pond
pursuant to this section, the board of county commissioners of the county in which the pond is located and the fire protection district or fire authority shall inspect the pond at least annually to ensure that:
(a) The pond is properly maintained;
(b) Any firefighting infrastructure associated with the pond is functional; and
(c) The approximate surface area of the pond has not changed.
(7) If the state engineer denies an application for the designation of a pond
as a fire suppression pond, the state engineer shall provide the applicant board of county commissioners the reasons for the state engineer's denial and an opportunity to discuss the denial with the state engineer.
(8) (a) The designation of a pond as a fire suppression pond pursuant to this
section expires fifteen years after the date of the designation.
(b) No sooner than three hundred sixty-five days before the expiration of the
designation of a pond as a fire suppression pond, the board of county commissioners of the county in which the pond is located and the fire protection district or fire authority may perform a needs assessment of the pond, as described in section 37-82-107 (3), if the board desires that the pond be recertified as a fire suppression pond.
(c) If the needs assessment described in subsection (8)(b) of this section
indicates that the pond continues to satisfy the criteria established by rules promulgated pursuant to section 37-82-107 (5), the board and the fire protection district or fire authority shall notify the state engineer of such fact, and the state engineer shall redesignate the pond as a fire suppression pond.
(d) If the needs assessment described in subsection (8)(b) of this section
indicates that the pond no longer satisfies the criteria established by rules promulgated pursuant to section 37-82-107 (5), the board and the fire protection district or fire authority shall either:
(I) Notify the state engineer that the designation of the pond as a fire
suppression pond should be rescinded or allowed to expire; or
(II) Provide to the state engineer a plan and timeline for bringing the pond
back into compliance with the criteria.
(9) The state engineer shall establish a database for the administration of
ponds that are designated as fire suppression ponds pursuant to this section.
(10) (a) Notwithstanding any provision of law to the contrary, the state
engineer shall not:
(I) Designate more than thirty total surface acres of pond in any county as a
fire suppression pond; or
(II) Designate any pond as a fire suppression pond unless:
(A) The pond existed with the same or greater surface area as of June 1,
1972;
(B) Decreed storage rights for the pond are limited to use within the pond
and only livestock watering, wildlife, or other nonconsumptive uses;
(C) The pond is not included as a structure in a decreed plan for
augmentation, an appropriative right of exchange, or a state-approved substitute water supply plan;
(D) The surface area of the pond does not exceed six acres;
(E) The board of county commissioners that requested the designation has
provided notice of the request to interested parties included in the substitute water supply plan notification list established pursuant to section 37-92-308 (6) for the water division in which the pond is located; and
(F) The state engineer determines that evidence provided by a holder of a
decreed water right in response to the notice described in subsection (10)(a)(II)(E) of this section was insufficient to rebut the presumption of no material injury, as described in section 37-92-602 (8)(i).
(b) The notice described in subsection (10)(a)(II)(E) of this section must
include:
(I) The results of the needs assessment conducted for the pond pursuant to
section 37-82-107 (3)(a)(II), including a summary of findings;
(II) A copy of the application for designation of the pond as a fire suppression
pond; and
(III) A statement that a holder of a decreed water right has one hundred forty
days after the submission of the application to provide evidence of material injury to the state engineer, as described in section 37-92-602 (8)(i).
(c) In submitting an application for the designation of a pond as a fire
suppression pond, a board of county commissioners must include with the application evidence that the board provided the notice described in subsection (10)(a)(II)(E) of this section.
(11) After a board of county commissioners submits an application to the
state engineer for the designation of a fire suppression pond pursuant to section 37-82-107, a holder of a decreed water right may request that, if the state engineer designates the pond as a fire suppression pond, the state engineer shall provide notice of the designation to the holder of the decreed water right within fourteen days after the designation. If the state engineer receives such a request, the state engineer shall provide such notice.
(12) (a) Within seventy days after the state engineer designates a pond as a
fire suppression pond, a holder of a decreed water right may file with the water clerk of the water division in which the fire suppression pond is located a petition for review of the state engineer's decision.
(b) Upon receiving a petition described in subsection (12)(a) of this section, a
water judge shall conduct a review of the state engineer's decision de novo based on the administrative record.
(c) Notwithstanding any provision of this section to the contrary, a water
judge may nullify the state engineer's designation of a pond as a fire suppression pond if, after considering the entire record, including any evidence of material injury, the judge finds that:
(I) In applying for such designation, the board of county commissioners did
not describe a pond that complies with criteria established by rules promulgated by the director of the division of fire prevention and control in the department of public safety pursuant to section 37-82-107 (5); or
(II) The state engineer's decision did not accord with the requirements set
forth in subsection (10) of this section.
Source: L. 2022: Entire section added, (SB 22-114), ch. 464, p. 3300, � 3,
effective August 10.
Cross references: For the legislative declaration in SB 22-114, see section 1
of chapter 464, Session Laws of Colorado 2022.
Water Rights - Generally
ARTICLE 80.5
Arkansas River Water Bank Pilot Program
37-80.5-101. Short title. This article shall be known and may be cited as the
Arkansas River Pilot Water Banking Act.
Source: L. 2001: Entire article added, p. 1060, � 1, effective June 5.
37-80.5-102. Legislative declaration. The general assembly hereby finds,
determines, and declares that the purpose of this article is to authorize the creation of water banks within each water division to be operated under strict parameters established by rules approved by the water court. Accordingly, this article provides for the promulgation of rules concerning water banks and requires the water court to approve the rules and the state engineer to report to the general assembly regarding the operation of the banks. The water bank program created by this article is intended to simplify and improve the approval of water leases, loans, and exchanges, including interruptible supply agreements, of stored water within each river basin, reduce the costs associated with such transactions, and increase the availability of water-related information. It is also the purpose of the water banks to assist farmers and ranchers by developing a mechanism to realize the value of their water rights assets without forcing the permanent severance of those water rights from the land. The general assembly affirms the state constitution's recognition of water rights as a private usufructuary property right, and this article is not intended to restrict the ability of the holder of a water right to sell, lease, or exchange that water right in any other manner that is currently permitted under Colorado law. Further, this article is not intended to be implemented in any way that would cause material injury to the owner of or persons entitled to use water under a vested water right or a decreed conditional water right, nor to repeal or in any manner amend the existing water rights adjudication system except as may be specifically set forth in this article.
Source: L. 2001: Entire article added, p. 1060, � 1, effective June 5. L. 2003:
Entire section amended, p. 2391, � 1, effective June 5.
37-80.5-103. Definitions. As used in this article, unless the context
otherwise requires:
(1) Bank means a water bank operated pursuant to rules promulgated
under this article.
(2) Program means a water bank program created in this article.
Source: L. 2001: Entire article added, p. 1061, � 1, effective June 5. L. 2003:
Entire section amended, p. 2392, � 2, effective June 5.
37-80.5-104. Water bank - creation - duties of state engineer - rules -
repeal. (Repealed)
Source: L. 2001: Entire article added, p. 1061, � 1, effective June 5. L. 2003:
(4) added, p. 2392, � 3, effective June 5.
Editor's note: (1) Subsection (4) provided for the repeal of this section,
effective when the period to file an appeal regarding promulgation of the rules under � 37-80.5-104.5 has expired or, if such an appeal is filed, when the litigation concerning such appeal has been fully resolved. The revisor of statutes was notified November 1, 2010, that the appeal period regarding the promulgation of the rules has expired and no appeal has been filed.
(2) For additional information pertaining to the repeal of this section and the
effect on the Arkansas river basin, see � 37-80.5-104.5 (4).
37-80.5-104.5. Water banks within each water division - duties of state
engineer - rules. (1) (a) Upon request by a water conservancy district or water conservation district, the state engineer shall promulgate program rules necessary or convenient for the operation of a water bank within the division in which such district is located. The state engineer shall hold public meetings and consult with the Colorado water conservation board regarding formulation of the rules. The rules shall be promulgated in accordance with the following:
(I) The rules shall authorize, facilitate, and permit the lease, exchange, or
loan of stored water within a water division; except that nothing in this article shall be construed to authorize any lease, exchange, or loan of water that would negatively affect any of Colorado's interstate compacts.
(II) The rules shall not permit the transfer, lease, loan, exchange, or sale of
water from the banks to instream flow uses as provided in section 37-92-102 (3) unless such transfer, lease, loan, exchange, or sale is to the Colorado water conservation board.
(III) The banks shall operate within existing requirements of Colorado water
law as set forth in the Water Right Determination and Administration Act of 1969, article 92 of this title, including specifically the requirement that water transferred through the banks be put to a beneficial use, and the Colorado Groundwater Management Act, article 90 of this title; except that, in compliance with rules promulgated pursuant to this article, leases, loans, and exchanges effectuated through the banks need not require adjudication pursuant to article 92 of this title, and the state engineer shall administer such leases, loans, and exchanges notwithstanding the fact that they may not have been adjudicated.
(IV) The rules shall define the terms interruptible supply and water
banking.
(V) The rules shall take into account and address, as appropriate, any
necessary or desirable limitations upon the time, place, or type of use of waters made available through the water banks, and the appropriate length of agreements implementing banking transactions.
(b) The rules shall ensure that operation of the banks shall not cause any
material injury to the owner of or persons entitled to use water under a vested water right or a decreed conditional water right.
(c) The rules shall establish criteria pursuant to which the state engineer
shall:
(I) Accept a deposit of a quantity of water in a bank, including necessary
proof of:
(A) Ownership or a lease or contract that includes the right to use and
control the disposition of water; and
(B) The legal parameters of the water for use subject to the proposed
deposit, whether by decree or by contract;
(II) Credit a withdrawal of a quantity of water from a bank, including the
term, location, and type of the proposed use of the withdrawn water;
(III) Publish a summary of each water bank's transactions, including the
amounts of water subject to such transactions; and
(IV) Administer the withdrawn water:
(A) Within the priority system if the withdrawn water is subject to prior
appropriation;
(B) With or without the need for an adjudication; and
(C) Without causing material injury to the owner of or persons entitled to use
water under a vested water right or a decreed conditional water right.
(d) The rules shall delegate administration of a bank to the water
conservancy district or water conservation district that submitted the request for the bank. Such district shall be entitled to charge a transaction fee for deposits, withdrawals, or both, sufficient to cover the bank's administration costs. Notwithstanding any restriction on the power of a water conservancy district or a water conservation district to act outside the geographic boundaries of such district, a district that has been delegated authority pursuant to this paragraph (d) shall have full authority to administer the bank's operations pursuant to this section, including any power to act outside the geographic boundaries of such district when necessary to administer the bank.
(2) The deposit of credits in a bank is voluntary, and credits may be removed
by the owner at any time prior to an actual transaction in which control of a credit is transferred, subject to the terms and conditions of the deposit agreement executed with the operator of the bank.
(3) The state engineer shall seek a waiver or clarification of any federal laws,
rules, or regulations that may impede the implementation of the water bank program.
(4) (a) The repeal of section 37-80.5-104 shall not affect the validity of any
bank operating in the Arkansas river basin or any such bank's water deposit or withdrawal. After such repeal, such bank shall operate pursuant to the rules promulgated pursuant to this section.
(b) The state engineer shall provide the revisor of statutes with written
notification when the period to file an appeal regarding promulgation of the rules under this section has expired or, if such an appeal is filed, when the litigation concerning such appeal has been fully resolved.
Source: L. 2003: Entire section added, p. 2392, � 4, effective June 5.
Editor's note: Subsection (4)(b) requires the state engineer to provide the
revisor of statutes with written notice when the period to file an appeal regarding the promulgation of rules under this section has expired or, if an appeal is filed, when the litigation on the appeal has been resolved. The revisor of statutes was notified November 1, 2010, that the period for filing an appeal has ended and there has been no appeal of the rules.
37-80.5-105. Review of rules. Judicial review of all rules promulgated
pursuant to this article shall be in accordance with the State Administrative Procedure Act, article 4 of title 24, C.R.S.; except that venue for such review shall lie exclusively with the appropriate water judge for each water division.
Source: L. 2001: Entire article added, p. 1063, � 1, effective June 5. L. 2003:
Entire section amended, p. 2394, � 5, effective June 5.
37-80.5-106. Report. (1) The state engineer shall submit a report to the
general assembly and the governor on or before November 1, 2005, regarding:
(a) The effectiveness of the program;
(b) Existing statutory, regulatory, or contractual constraints on the
successful use of water banking within Colorado;
(c) Institutional constraints upon the successful use of water banking within
Colorado;
(d) Interstate compact constraints upon the successful use of water banking
within Colorado;
(e) Social or economic constraints upon the successful use of water banking
within Colorado; and
(f) Any recommended limitations upon the use of water banks within
Colorado, with specific reference to the time, place, or type of use of waters made available under such recommended limitations and the length of agreements implementing the same.
Source: L. 2001: Entire article added, p. 1063, � 1, effective June 5. L. 2003:
(1)(a) amended, p. 2394, � 6, effective June 5.
37-80.5-107. Repeal of article. (Repealed)
Source: L. 2001: Entire article added, p. 1063, � 1, effective June 5. L. 2007:
Entire section repealed, p. 422, � 1, effective April 9.
ARTICLE 81
Diversion of Waters from State
Law reviews: For article, Water Export, see 13 Colo. Law. 1004 (1984); for
article, State Water and State Lines: Commerce in Water Resources, see 56 U. Colo. L. Rev. 347 (1985); for article, Water Export: Is it Legal Yet?, see 24 Colo. Law. 817 (1995).
C.R.S. § 37-81-101
37-81-101. Diversion of water outside state - application required - special conditions - penalty. (1) (a) The general assembly hereby finds and declares that the location and availability of water in this state varies greatly from place to place and that the state as a whole suffers a shortage of water. The general assembly further recognizes that, because of Colorado's unique location at the headwaters of four of the nation's major western rivers and because all the major river systems in Colorado flow out of the state, and that, in order to ensure the availability of these scarce water resources for the use of citizens of the state of Colorado, compacts have been entered into with the downstream states on all the major rivers originating in Colorado.
(b) It is also recognized that it has been the continuing historical policy of the
state of Colorado to conserve and prevent waste of its water resources to provide adequate supplies of water necessary to ensure the continued health, welfare, and safety of all of its citizens. Accordingly, the general assembly hereby determines that, for the purpose of conserving the scarce water resources of this state and to thereby ensure the continuing health, welfare, and safety of the citizens of this state, it is unlawful for any person, including a corporation, association, or other entity, to divert, carry, or transport by ditches, canals, pipes, conduits, natural streams, watercourses, or any other means any of the water resources found in this state into any other state for use therein without first complying with this section and section 37-81-104.
(2) To effectuate the purposes of subsection (1) of this section and section
37-81-104, no person may divert, carry, or transport any surface or groundwater from this state by ditches, canals, pipes, conduits, natural streams, watercourses, or other means without meeting the requirements for obtaining a permit to construct a well if the source of water is to be groundwater or if a well permit is not required without first obtaining an adjudication from the water court for the right to use water outside the state. In the case of a well for which a permit has been issued for a use of groundwater within Colorado, a change of use for a use outside the state must be approved by the water court or, if it is designated groundwater, the change must be approved by the Colorado ground water commission. A person desiring to divert, carry, or transport any water outside Colorado shall file an appropriate application therefor and comply with the requirements of this section in addition to any other requirements, terms, and conditions provided or authorized by law pertaining to such application.
(3) Prior to approving an application, the state engineer, ground water
commission, or water judge, as the case may be, must find that:
(a) The proposed use of water outside this state is expressly authorized by
interstate compact or credited as a delivery to another state pursuant to section 37-81-103 or that the proposed use of water does not impair the ability of this state to comply with its obligations under any judicial decree or interstate compact which apportions water between this state and any other state or states;
(b) The proposed use of water is not inconsistent with the reasonable
conservation of the water resources of this state; and
(c) The proposed use of water will not deprive the citizens of this state of the
beneficial use of waters apportioned to Colorado by interstate compact or judicial decree.
(4) Any diversion of water from this state which is not in compliance with this
section shall not be recognized as a beneficial use for purposes of perfecting a water right to the extent of such unlawful diversion or use.
Source: L. 17: p. 539, � 1. C.L. � 1618. CSA: C. 90, � 1. CRS 53: � 147-1-1. C.R.S.
1963: � 148-1-1. L. 79: Entire section amended, p. 1364, � 1, effective May 31. L. 83: Entire section R&RE, p. 1410, � 1, effective June 3. L. 85: (1)(b) and (2) amended, p. 287, � 7, effective May 23.
Cross references: For water of streams being public property, see � 5 of art.
XVI, Colo. Const.
C.R.S. § 37-81-102
37-81-102. Officials charged with enforcement. It is the duty of the state engineer, the division engineers, and the water commissioners of this state to see that the waters of the state are available for the use and benefit of the citizens and inhabitants of the state for its growth, prosperity, and general welfare, and it is the further duty of said officials to prevent the waters thereof from being diverted, carried, conveyed, or transported by ditches, canals, pipes, conduits, natural streams, watercourses, or other means into other states for use therein unless there is specific authorization therefor, as provided in section 37-81-101. Upon its being brought to the knowledge of the state engineer of Colorado that any person, corporation, or association is unlawfully carrying or transporting any of such waters into any other state for use therein, or is intending so to do, it is his duty to immediately call the matter to the attention of the attorney general, in behalf of and in the name of the state, who shall apply to any district court or to the supreme court of the state of Colorado for such restraining orders or injunctions, both preliminary and final, as may be necessary to enforce the provisions of this section and section 37-81-101, and jurisdiction is conferred upon said courts for such purposes.
Source: L. 17: p. 539, � 2. C.L. � 1619. CSA: C. 90, � 2. CRS 53: � 147-1-2.
C.R.S. 1963: � 148-1-2. L. 79: Entire section amended, p. 1365, � 2, effective May 31. L. 83: Entire section amended, p. 1411, � 2, effective June 3.
Cross references: For the appointments and functions of water division
engineers, see � 37-92-202.
C.R.S. § 37-81-104
37-81-104. Fee for diversion - fund created. (1) (a) To effectuate the purposes of this article, the general assembly hereby authorizes a fee of fifty dollars per acre-foot to be assessed and collected by the state engineer on water diverted, carried, stored, or transported in this state for beneficial use outside this state measured at the point of release from storage or at the point of diversion.
(b) Notwithstanding the amount specified for the fee in paragraph (a) of this
subsection (1), the state engineer by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the state engineer by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.
(2) All moneys collected pursuant to subsection (1) of this section shall be
credited to the water diversion fund, which fund is hereby created. The general assembly shall annually appropriate all moneys in said fund for water projects for the state. Said appropriation shall be consistent with part 13 of article 3 of title 2, C.R.S.
Source: L. 85: Entire section added, p. 287, � 6, effective May 23. L. 98: (1)
amended, p. 1343, � 69, effective June 1.
ARTICLE 82
Appropriation and Use of Water
Cross references: For water rights provisions in the state constitution, see ��
5 to 8 of art. XVI; for water compacts, see articles 61 to 69 of this title 37; for conservancy and irrigation districts, see articles 41 to 45 of this title 37; for conveyance of water rights as real property, see � 38-30-102; for exemption from taxation of ditches, canals, and flumes, see � 39-3-104.
C.R.S. § 37-82-107
37-82-107. Fire suppression ponds - legislative declaration - needs assessment - notice of consideration required - restriction on draining of ponds - rules - no water right created. (1) The general assembly hereby declares that:
(a) Fire suppression ponds are essential for the protection of public safety
and welfare; and
(b) Based on this declaration, the state engineer is authorized to review
applications and designate ponds as fire suppression ponds in accordance with this section.
(2) A board of county commissioners, in consultation with its fire protection
district or fire authority, may apply to the state engineer pursuant to section 37-80-124 for the designation of a pond within the borders of the county as a fire suppression pond.
(3) (a) Before applying for the designation of a pond as a fire suppression
pond, a board of county commissioners, in consultation with its fire protection district or fire authority, shall:
(I) Identify ponds in locations where the outbreak of a fire could result in a
major wildfire disaster;
(II) Perform a needs assessment of each such pond, which needs assessment
shall be completed within one year after the board provides the notice described in subsection (3)(a)(III) of this section; and
(III) For each pond that is identified and under consideration as a potential
fire suppression pond, provide notice of such fact to the state engineer, which notice must indicate the location and approximate surface area of the pond.
(b) In performing a needs assessment pursuant to subsection (3)(a)(II) of this
section, a board of county commissioners, in consultation with its fire protection district or fire authority, shall:
(I) Identify the refill mechanism of the pond, whether by:
(A) Groundwater;
(B) Diversion on the stream channel;
(C) Diversion off the stream channel; or
(D) Well; and
(II) Apply the criteria established pursuant to rules promulgated by the
director of the division of fire prevention and control pursuant to subsection (5) of this section.
(c) If a pond that is under consideration for designation as a fire suppression
pond is located in whole or in part upon private property, a board of county commissioners shall acquire the voluntary written approval of each owner of private property that abuts the pond before the board applies to the state engineer for the designation of the pond as a fire suppression pond.
(d) If a board of county commissioners has notified the state engineer
pursuant to subsection (3)(a)(III) of this section that a pond is under consideration as a fire suppression pond, the board shall notify the state engineer promptly if and when the pond is no longer under such consideration.
(4) Unless otherwise required by law or as needed to address dam safety
concerns, the state engineer shall not order any pond to be drained or backfilled or proceed with any existing order to drain or backfill a pond:
(a) If the state engineer has received notice pursuant to subsection (3)(a)(III)
of this section that the pond is under consideration by a board of county commissioners for designation as a fire suppression pond, during the pendency of that consideration; or
(b) If the state engineer has designated the pond as a fire suppression pond
pursuant to section 37-80-124 and the pond is operating in accordance with the designation.
(c) Repealed.
(5) (a) On or before May 1, 2023, the director of the division of fire prevention
and control in the department of public safety, pursuant to the director's authority under section 24-33.5-1203.5, shall promulgate rules establishing criteria for boards of county commissioners, in consultation with fire protection districts or fire authorities, to use to identify and evaluate potential fire suppression ponds, as described in subsection (3) of this section. At a minimum, the criteria must require that a fire suppression pond:
(I) Be readily accessible by a fire protection district, fire authority, fire
department, or other firefighting entity;
(II) Be located in the wildland-urban interface or another location that faces
an elevated threat of fire risk; and
(III) Be located in an area without timely or adequate access to fire hydrants
or other water supplies and where the pond provides a needed supply.
(b) Before promulgating the rules described in subsection (5)(a) of this
section, the director of the division of fire prevention and control shall solicit and consider input from:
(I) The state engineer;
(II) Local governments, including counties;
(III) Water providers;
(IV) Fire protection districts, fire authorities, and other firefighting entities;
and
(V) Basin roundtables.
(6) Notwithstanding any provision of law to the contrary, a fire suppression
pond and the water associated with it:
(a) Are not considered a water right, as defined in section 37-92-103 (12);
(b) Do not have a priority, as defined in section 37-92-103 (10); and
(c) May not be adjudicated pursuant to section 37-92-302.
(7) The division of fire prevention and control in the department of public
safety, subject to available appropriations, may provide financial support to a board of county commissioners to facilitate the board's acquisition of augmentation water for ponds that satisfy the criteria established by rules promulgated pursuant to subsection (5) of this section but are not designated as fire suppression ponds.
Source: L. 2022: Entire section added, (SB 22-114), ch. 464, p. 3297, � 2,
effective August 10.
Editor's note: Subsection (4)(c)(II) provided for the repeal of subsection (4)(c),
effective July 1, 2023. (See L. 2022, p. 3297.)
Cross references: For the legislative declaration in SB 22-114, see section 1
of chapter 464, Session Laws of Colorado 2022.
ARTICLE 83
Exchange of Water
Cross references: For the appointments and functions of water division
engineers, see � 37-92-202.
C.R.S. § 37-83-101
37-83-101. Transfer from one stream to another. Whenever any person or company diverts water from one public stream and turns it into another public stream, such person or company may take out the same amount of water again, less a reasonable deduction for seepage and evaporation, to be determined by the state engineer.
Source: L. 1897: p. 176, � 1. R.S. 08: � 3222. C.L. � 1702. CSA: C. 90, � 100.
CRS 53: � 147-6-1. C.R.S. 1963: � 148-6-1.
C.R.S. § 37-83-102
37-83-102. Maintenance of measuring devices. Any person or company transferring water from one public stream to another is required to construct and maintain, under the direction of the state engineer, measuring flumes or weirs and self-registering devices at the point where the water leaves its natural watershed and is turned into another and also at the point where it is finally diverted for use from the public stream.
Source: L. 1897: p. 176, � 2. R.S. 08: � 3223. C.L. � 1703. CSA: C. 90, � 101.
CRS 53: � 147-6-2. C.R.S. 1963: � 148-6-2.
C.R.S. § 37-83-103
37-83-103. Division engineer to keep record. It is the duty of the division engineer of the division in which the water is used to keep a record of the amount of water so turned into his division from any other division.
Source: L. 1897: p. 176, � 3. R.S. 08: � 3224. C.L. � 1704. CSA: C. 90, � 102.
CRS 53: � 147-6-3. C.R.S. 1963: � 148-6-3.
C.R.S. § 37-83-104
37-83-104. Reservoirs and ditches may exchange. When the rights of others are not injured thereby, it is lawful for the owner of a reservoir to deliver stored water into a ditch entitled to water or into the public stream to supply appropriations from said stream and take in exchange therefor from the public stream higher up an equal amount of water, less a reasonable deduction for loss, if any there be, to be determined by the state engineer. The person or company desiring such exchange shall be required to construct and maintain, under the direction of the state engineer, measuring flumes or weirs and self-registering devices at the point where the water is turned into the stream or ditch taking the same or as near such point as is practicable so that the division engineer may readily determine and secure the just and equitable exchange of water.
Source: L. 1897: p. 177, � 4. R.S. 08: � 3225. C.L. � 1705. CSA: C. 90, � 103.
CRS 53: � 147-6-4. C.R.S. 1963: � 148-6-4.
C.R.S. § 37-83-105
37-83-105. Owner may loan agricultural water right - loans to Colorado water conservation board for instream flows - rules - definition. (1) (a) Subject to the limitations of this subsection (1) and pursuant to the procedures set forth in subsection (2)(b) of this section that apply to an expedited loan described in subsection (2)(a)(III.7) of this section, the owner of a water right decreed and used solely for agricultural irrigation purposes may loan all or a portion of the water right to another owner of a decreed water right on the same stream system and that is used solely for agricultural irrigation purposes for no more than one hundred eighty days during any one calendar year if the state engineer approves the loan in advance and the loan does not cause injury to other decreed water rights.
(b) The owner of any decreed water right may loan water to the Colorado
water conservation board for use as instream flows:
(I) To preserve the natural environment to a reasonable degree pursuant to a
decreed instream flow water right held by the board; or
(II) To improve the natural environment to a reasonable degree for a stream
reach for which the board holds a decreed instream flow water right.
(c) (I) Notwithstanding subsection (1)(b) of this section, an owner of a decreed
storage water right, in addition to loans made pursuant to subsection (1)(b) of this section, may loan water to the Colorado water conservation board to preserve or improve the natural environment to a reasonable degree for a stream reach for which the board does not hold a decreed instream flow water right, which loan the board may accept in accordance with section 37-92-102, this section, and any rules adopted pursuant to subsection (3) of this section.
(II) As used in this subsection (1)(c), storage has the meaning set forth in
section 37-92-103.
(2) (a) Water may be used for instream flows pursuant to a loan authorized
under this section for a period not to exceed one hundred twenty days in a single calendar year, subject to the following:
(I) Prior to accepting the loan, the Colorado water conservation board shall
compile a statement about the duration of the loan, a description of the original points of diversion, and other relevant information sufficient for the state engineer to determine that such loan does not injure existing decreed water rights.
(II) Consistent with current law, only the Colorado water conservation board
is entitled to hold instream flow water rights and may accept proposed loans in accordance with section 37-92-102 (3).
(III) The loan shall not be accepted unless the state engineer determines that
the Colorado water conservation board's temporary instream flow use will not injure existing water rights of others.
(III.5) Water rights loaned pursuant to this section are not precluded from
concurrent or subsequent inclusion in a water conservation, demand management, compact compliance, or water banking program or plan, as is or may be subsequently defined or described in statute.
(III.7) An expedited loan approved to preserve the natural environment to a
reasonable degree pursuant to this subsection (2)(a) has a term of up to one year. The loan period begins when the state engineer approves the expedited loan. If an expedited loan is approved, the applicant shall not reapply for an additional expedited loan of the water right.
(IV) (A) A renewable loan approved to preserve or improve the natural
environment to a reasonable degree pursuant to this subsection (2)(a) must not be exercised for more than five years in a ten-year period and for no more than three consecutive years, for which only a single approval by the state engineer is required. The ten-year period begins when the state engineer approves the loan. An applicant may reapply for and the state engineer may approve a renewable loan pursuant to this subsection (2)(a) for up to two additional ten-year periods.
(B) If an applicant had previously been approved for and had exercised an
expedited loan pursuant to subsection (2)(a)(III.7) of this section and subsequently applies and is approved for a renewable loan, the one-year loan period of the expedited loan counts as the first year of the five-year allowance for the subsequent renewable loan.
(C) In each year that a renewable loan is exercised, the applicant shall
provide the written notice described in subsection (2)(b)(II) of this section.
(V) A party may file comments concerning potential injury to the party's
water rights or decreed conditional water rights due to the operations of the loan of the water right with the state engineer by January 1 of the year following each year that the loan is exercised. The procedures of subsection (2)(b) of this section regarding notice, opportunity to comment, the state engineer's decision, and an appeal of the decision shall again be followed with regard to the party's comments. In an appeal to the water judge in the applicable water division of the determination made by the state engineer pursuant to this section, the applicant has the burden of proof that the loaned water right does not cause injury to other vested or conditionally decreed water rights. Any appeal of a decision by the state engineer concerning the loan pursuant to this section shall be made in accordance with the procedures set forth in subsection (2)(b)(VIII) of this section.
(VI) Rules promulgated by the Colorado water conservation board pursuant
to subsection (3) of this section.
(b) In determining whether injury will occur, the state engineer shall ensure
that the following conditions are met:
(I) The applicant has filed a request for approval of the loan with the state
engineer, together with a filing fee in the amount of three hundred dollars. The state engineer shall transmit the fee to the state treasurer, who shall deposit the fee in the water resources cash fund created in section 37-80-111.7 (1). The request for approval must include:
(A) Evidence of the proponent's legal right to use the loaned water right;
(B) A statement of the duration of the proposed loan;
(C) A description of the original points of diversion, the return flow pattern,
the stream reach, and the time, place, and types of use of the loaned water right;
(D) A description of the new proposed points of diversion, the return flow
pattern, the stream reach, and the time, place, and types of use of the loaned water right; and
(E) A reasonable estimate of the historic consumptive use of the loaned
water right;
(II) The applicant has submitted proof to the state engineer, in a form and
manner determined by the state engineer, demonstrating that the applicant provided written notice of the request for approval of the loan by first-class mail or electronic mail to:
(A) All parties on the substitute water supply plan notification list
established pursuant to section 37-92-308 (6) for the water division in which the proposed loan is located; and
(B) A registered agent of a ditch company, irrigation district, water users'
association, or other water supply or delivery entity within whose system the water rights fall.
(II.5) The applicant has proven that the loan will not injure decreed water
rights, decreed exchanges of water, or other water users' undecreed existing exchanges of water to the extent that the undecreed existing exchanges have been administratively approved before the date of the filing of the request for approval of the loan.
(III) The proposed use of the loaned water right is for agricultural irrigation
purposes or for instream flow purposes by the Colorado water conservation board;
(IV) None of the water rights involved in the loan are adjudicated to or
diverted at a well located more than one hundred feet from the bank of the nearest flowing stream;
(V) The state engineer has given the owners of water rights and decreed
conditional water rights the opportunity to file comments on the proposed loan within the relevant time frame indicated in this subsection (2)(b)(V). The comments must include any claim of injury or any terms and conditions that should be imposed upon the proposed loan to prevent injury to a party's water rights and any other information the commenting party wishes the state engineer to consider in reviewing the proposed loan. The state engineer shall provide the parties entitled to notice under subsection (2)(b)(II) of this section:
(A) Fifteen days after the date of mailing of notice for expedited loans
authorized under subsection (2)(a)(III.7) of this section to provide comments on the proposed loan; and
(B) Sixty days after the date of mailing of notice for renewable loans
authorized under subsection (2)(a)(IV) of this section to provide comments on the proposed loan.
(VI) The state engineer, after consideration of any comments received, has
determined that the operation and administration of the proposed loan will not cause injury to other decreed water rights, decreed exchanges, or undecreed exchanges as described in subsection (2)(b)(II.5) of this section and, for loans made pursuant to subsection (2)(a) of this section, will not affect Colorado's compact entitlements. The state engineer shall impose such terms and conditions as are necessary to ensure that these standards are met. In making the determinations specified in this subsection (2)(b)(VI), the state engineer need not hold any formal hearings or conduct any other formal proceedings, but may conduct a hearing or formal proceeding if the state engineer finds it necessary to address the issues.
(VII) The state engineer shall approve or deny the proposed loan within ten
days after the period for comments on the proposed loan specified in subsection (2)(b)(V) of this section has expired.
(VIII) When the state engineer approves or denies a proposed loan, the state
engineer shall serve a copy of the decision on all parties to the application by first-class mail or, if the parties have so elected, by electronic mail. Neither the approval nor the denial by the state engineer creates any presumptions or serves as a defense in any legal action that may be initiated concerning the loan. A party may file an appeal of a decision by the state engineer concerning the loan pursuant to this section to the water judge in the applicable water division within fifteen days after the date that the state engineer, following the state engineer's consideration of any comments submitted pursuant to subsection (2)(a)(V) of this section, serves the decision on the parties to the application. The applicant has the burden of proof to demonstrate that the loaned water right does not cause injury to other vested or conditionally decreed water rights, decreed exchanges, or undecreed exchanges as described in subsection (2)(b)(II.5) of this section. The water judge shall hear and determine the appeal on an expedited basis using the procedures and standards set forth in section 37-92-304 (3) concerning matters rereferred to the water judge by the water referee.
(c) All periods of time during which a loaned water right is used by the board
for instream flow purposes shall be excluded from any historic consumptive use analysis of the loaned water right required under any water court proceeding.
(3) The Colorado water conservation board shall promulgate rules, as
applicable, regarding the following necessary steps for its review and acceptance of loans for instream flow use pursuant to subsections (1)(b)(II) and (1)(c)(I) of this section:
(a) The board's review of the proposed loan, including a requirement that the
board request and review a biological analysis from the division of parks and wildlife concerning the extent to which the proposed loan will improve the natural environment to a reasonable degree;
(b) A requirement that when considering a proposed loan, the board shall
give preference to loans of stored water, when available, over loans of direct flow water; and
(c) The board's determination, after a hearing on the matter, if requested,
whether to accept the proposed loan.
Source: L. 1899: p. 236, � 3. R.S. 08: � 3232. C.L. � 1712. CSA: C. 90, � 110.
CRS 53: � 147-6-5. C.R.S. 1963: � 148-6-5. L. 2003: Entire section amended, p. 2396, � 1, effective June 5. L. 2004: (1), IP(2)(b), (2)(b)(III), (2)(b)(VI), and (2)(b)(VII) amended, p. 1014, � 1, effective May 21. L. 2005: IP(2)(a) amended and (2)(a)(IV) and (2)(a)(V) added, p. 82, � 1, effective August 8. L. 2007: (2)(c) added, p. 48, � 1, effective August 3. L. 2012: IP(2)(b)(I) amended, (SB 12-009), ch. 197, p. 792, � 6, effective July 1. L. 2020: (1), IP(2)(a), (2)(a)(IV), (2)(a)(V), IP(2)(b), IP(2)(b)(I), (2)(b)(II), (2)(b)(V), (2)(b)(VI), (2)(b)(VII), and (2)(b)(VIII) amended and (2)(a)(III.5), (2)(a)(III.7), (2)(a)(VI), (2)(b)(II.5), and (3) added, (HB 20-1157), ch. 52, p. 179, � 1, effective September 14. L. 2024: (1)(c) added and IP(3) amended, (SB 24-197), ch. 276, p. 1834, � 2, effective August 7.
Cross references: For the legislative declaration in SB 24-197, see section 1
of chapter 276, Session Laws of Colorado 2024.
C.R.S. § 37-83-106
37-83-106. Authority of political subdivisions to lease or exchange water. Water conservancy districts and water conservation districts which own or hold rights to water may enter into cooperative agreements with other political subdivisions of the state for the lease or exchange of water produced in the exercise of such district's water rights and the construction or use of waterworks within or outside of district boundaries, according to such terms as such district and political subdivision agree upon. Conservation districts, conservancy districts, and other political subdivisions of the state may enter into agreements with each other to provide funds or undertake measures to carry out section 37-45-118 (1)(b)(II), including agreements for the exchange or lease of such water outside the boundaries of the conservation or conservancy district. Such leases and exchanges may cover the time period necessary to amortize, or repay bonds issued for, the cost of constructing the waterworks involved, and may be renewable according to such terms as such district and political subdivision may agree upon. Any water rights leased or exchanged under this section shall be only for the time certain contained in each such agreement or extension thereof. Any water rights or changes of water rights which are necessary to implement such agreements shall be adjudicated as provided by law. If mutually agreeable, districts and other political subdivisions may submit any contractual disputes arising under this section between them to nonbinding arbitration, as they may determine.
Source: L. 89: Entire section added, p. 1420, � 1, effective April 12. L. 2001:
Entire section amended, p. 1278, � 50, effective June 5.
ARTICLE 84
Responsibility of User or Owner
Cross references: For the appointments and functions of water division
engineers, see � 37-92-202.
C.R.S. § 37-84-108
37-84-108. Running excess of water forbidden. (1) During the summer season a person shall not run through his or her irrigating ditch any greater quantity of water than is absolutely necessary for irrigating, domestic, and stock purposes to prevent the wasting and useless discharge and running away of water.
(2) A person using an irrigating ditch or ditch system may use a tail ditch to
return water to the stream in variable amounts as necessary to facilitate efficient operation of the ditch and delivery of water to persons served by the ditch or ditch system. The state engineer shall not require the delivery of any minimum amount of such water, except as required by court decree. Nothing in this section limits the state engineer's authority to administer water rights to prevent waste.
Source: L. 1876: p. 78, � 2. G.L. � 1386. G.S. � 1734. R.S. 08: � 3239. C.L. �
- CSA: C. 90, � 118. CRS 53: � 147-7-8. C.R.S. 1963: � 148-7-8. L. 2015: Entire section amended, (SB 15-055), ch. 54, p. 131, � 1, effective August 5.
C.R.S. § 37-84-112
37-84-112. Headgates - specifications - failure to maintain - penalty. (1) The owners of any irrigation ditch, canal, flume, or reservoir in this state, taking water from any stream, shall erect where necessary and maintain in good repair, at the point of intake of such ditch, canal, flume, or reservoir, a suitable and proper headgate of height and strength and with embankments sufficient to control the water at all ordinary stages and suitable and proper measuring flumes, weirs, and devices and shall also erect and maintain in good repair suitable wastegates where necessary in connection with such ditch, canal, flume, or reservoir intake. The framework of such headgate shall be constructed of timber not less than four inches square, and the bottom, sides, and gate shall be of plank not less than two inches in thickness, or said gate may be made of other material of equal strength and durability or may be made and constructed upon plans and specifications approved by the state engineer. No such headgate shall be deemed complete until provided with suitable locks and fastenings (except when the division engineer deems such locks and fastenings unnecessary therefor) and keys therefor are delivered to the division engineer of the division who has control thereof during the seasons of the distribution of water.
(2) If the owners of any such irrigation ditch, canal, flume, or reservoir fail or
neglect to erect or maintain in good repair said headgate, measuring flume, weir, or devices, in the manner and form provided in this section, then the state engineer or division engineer, upon ten days' previous notice in writing, duly served upon such owners, or upon any agent or employee representing them or controlling such ditch, canal, flume, or reservoir, shall refuse to deliver any water from such stream to such owners, or to such ditch, canal, flume, or reservoir, until such owners erect or repair the headgate, measuring flume, weirs, or devices of such ditch, canal, flume, or reservoir. The owners of all such ditches, canals, flumes, or reservoirs shall be liable for all damages resulting from their neglect or refusal to comply with the provisions of sections 37-84-112 to 37-84-117. Such owners who divert water from any such stream and into any such ditch, canal, flume, or reservoir contrary to the orders of the state engineer or division engineer are guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, and each day of violation shall be deemed a separate offense.
Source: L. 01: p. 193, � 1. R.S. 08: � 3248. L. 11: p. 463, � 1. C.L. � 1727. CSA: C.
90, � 125. CRS 53: � 147-7-13. C.R.S. 1963: � 148-7-12. L. 69: p. 1220, � 9.
C.R.S. § 37-84-113
37-84-113. Measuring flumes - construction. The owners of any irrigation ditch, canal, or reservoir, transferring water from one natural stream to another, or from a reservoir, ditch, or flume to a stream in order that said water may be diverted from such stream for irrigation or any other purpose, shall construct suitable and proper measuring flumes or weirs, equipped with self-registering devices if required by the state engineer, for the proper and accurate determination of the amount and flow of water turned into, carried through, and diverted out of said natural stream. If the owners of any such irrigation ditch, canal, or reservoir fail or neglect, upon five days' previous notice in writing duly served upon them or their agent or employee, to erect, maintain, or repair such measuring flume, weir, or device, the state engineer or division engineer shall refuse to allow to be taken or diverted from any stream any water whatever on account of delivery of water to such stream, for such time and until such owners cause to be erected or repaired such flumes, weirs, or devices, at the point of delivery to and taking from said natural streams so used as a conduit.
Source: L. 01: p. 194, � 2. R.S. 08: � 3249. L. 11: p. 464, � 2. C.L. � 1728. CSA:
C. 90, � 126. CRS 53: � 147-7-14. C.R.S. 1963: � 148-7-13.
C.R.S. § 37-84-114
37-84-114. Rating of flumes and weirs. The state engineer or division engineer shall rate the measuring flume and weirs referred to in sections 37-84-112 to 37-84-117, and the original notes of such rating, together with a complete table compiled therefrom, shall be filed as a part of the records of the office of the state engineer, and the state engineer shall supply the division engineer of the division in which such measuring flumes or weirs are located with a copy of such rating table, which shall be used by him in measuring water flowing to and from such natural stream.
Source: L. 01: p. 194, � 3. R.S. 08: � 3250. L. 11: p. 465, � 3. C.L. � 1729. CSA:
C. 90, � 127. CRS 53: � 147-7-15. C.R.S. 1963: � 148-7-14. L. 69: p. 1221, � 10.
C.R.S. § 37-84-115
37-84-115. Gauge rods. A gauge rod, marked in feet and tenths and one-hundredths of a foot, shall be permanently fixed and maintained at the outlets of all reservoirs, under the supervision of the division engineer, and if any owner or possessor of any reservoir fails or refuses to provide, fix, and maintain such gauge rod then the owner or possessor of such reservoir shall not be entitled to impound any water whatever in said reservoirs until the provisions of this section are fully complied with. Notwithstanding the foregoing the division engineer may determine that such rod is not necessary with respect to specific reservoirs. Such determination shall be in writing and may be rescinded in writing at any time.
Source: L. 01: p. 194, � 4. R.S. 08: � 3251. L. 11: p. 465, � 4. C.L. � 1730. CSA: C.
90, � 128. CRS 53: � 147-7-16. C.R.S. 1963: � 148-7-15. L. 69: p. 1221, � 11.
C.R.S. § 37-84-116
37-84-116. Control of headgates and weirs. All headgates, measuring weirs, flumes, and devices used in connection with canals, flumes, and ditches or reservoirs for the measuring and delivering of waters therefrom and thereto shall be under the supervision and control at all times of the state engineer and the division engineer of the water division wherein such headgates, measuring weirs, flumes, and devices are located. Nothing in sections 37-84-112 to 37-84-117 shall be construed as prohibiting any water user in the state of Colorado or his appointed agent from reading any gauge, gauge rod, or measuring device or from determining the quantity of water diverted by any canal or impounded in or delivered from any reservoir, and it is here declared the intent and purpose of sections 37-84-112 to 37-84-117 to give any water user of Colorado or his appointed agent the right of ascertaining the quantity of water being diverted by any canal or impounded in or delivered from any reservoir without his being required to assign any reason for making such observations. Noncompliance with the provisions of sections 37-84-112 to 37-84-117 shall, during such noncompliance, forfeit the right to divert water into any canal or to impound water in or deliver water from any reservoir.
Source: L. 01: p. 195, � 5. R.S. 08: � 3252. L. 11: p. 466, � 5. L. 15: � 290, � 1.
C.L. � 1731. CSA: C. 90, � 129. CRS 53: � 147-7-17. C.R.S. 1963: � 148-7-16. L. 69: p. 1221, � 12.
C.R.S. § 37-84-117
37-84-117. Reservoirs in streams. (1) The owners of any reservoir located upon or in the bed of any natural stream or through which any natural stream flows, for the purpose of storing or diverting water, at the expense of the owner, shall furnish a complete survey of the contour lines of the reservoir for the state engineer's approval. Alternatively, in the discretion of the state engineer, a survey of the contour lines of the reservoir shall be made under the supervision of the state engineer, the deputy state engineer, or the division engineer of the division in which the reservoir is located. Contour lines must be ascertained for at least every vertical foot in depth and, where deemed necessary by the state engineer, for fractions of a foot. The owners of any reservoir shall prepare a table to be filed with and approved by the state engineer, showing the capacity, in cubic feet, for each foot in depth or fraction of a foot in depth of the reservoir. The owners of the reservoir shall file a copy of the table with the division engineer in whose division the reservoir is located. All maps, plats, field notes, tables, and surveys for a reservoir shall be filed with and approved by the state engineer and remain a part of the records of the state engineer's office.
(2) The owners of a reservoir described in subsection (1) of this section, at
their own expense, under the supervision and with the approval of the state engineer, shall permanently fix and maintain a gauge rod or other instrument, or both, as directed by the state engineer, to measure the surface elevation of the reservoir at or near the outlet of the reservoir, marked in feet and tenths and one-hundredths of a foot, and in correspondence with the contour lines, from and by means of which the amount of water stored in the reservoir may be correctly ascertained. The owners, at their own expense, and under the supervision and with the approval of the state engineer, shall construct and permanently maintain a suitable and permanent measuring structure equipped with self-registering devices, according to plans and specifications approved by the state engineer, either in the bed and channel of every natural stream or watercourse discharging waters into the reservoir or on each release from the reservoir by means of which, in combination with the amount of water stored, all of the water flowing into the reservoir from the natural stream or watercourse may be definitively ascertained and determined at all times.
(3) (a) Any instruments or structures described in subsection (2) of this
section are subject to inspection at all times by the owner or duly authorized agent or representative of the owners of any appropriation of water from the stream upon or in which the reservoir is constructed or operated.
(b) The state engineer or division engineer may refuse to allow any water to
be taken into or diverted from a reservoir if:
(I) The owners of the reservoir fail to construct or permanently maintain any
required instruments or structures, equipped as described in subsection (2) of this section; or
(II) Except as specified in subsection (3)(c) of this section, within thirty-five
days after the state engineer or division engineer has provided written notice to the owners or their agents or employees directing the owners to make a contour survey, as described in subsection (1) of this section, the owners fail to cause a complete survey of the contour lines of the reservoir to be made.
(c) If suitable instruments and structures have been installed and equipped
and the owners, their agents, or their employees are making good-faith efforts to complete the contour survey, the state engineer and division engineer may allow water to be stored in any such reservoir after the expiration of the thirty-five days notice as described in subsection (3)(b)(II) of this section.
(4) If the state engineer or a division engineer receives from the owner of a
water right appropriating water from a stream upon which a reservoir is located, or a stream that is tributary to such a stream, a complaint alleging facts against the owner of the reservoir that, if true, would amount to a violation of this section, the state engineer or division engineer shall investigate the complaint and, if the allegations are found to be true, shall enforce this section.
(5) The state engineer may order that an owner of a reservoir release an
amount of water from the reservoir that, in the determination of the state engineer, is necessary to prevent evaporation on the surface of the reservoir from depleting the natural flow of the stream running through the reservoir that would otherwise be available for use by other appropriators. In determining the quantity of any evaporation release under this section, the state engineer shall compute the surface evaporation from the reservoir and deduct from the surface evaporation any accretions to the streamflow resulting from the existence of the reservoir and any natural depletions to the streamflow that would have resulted if the reservoir were not in existence.
Source: L. 01: p. 195, � 6. R.S. 08: � 3253. L. 11: p. 466, � 6. C.L. � 1732. CSA:
C. 90, � 130. CRS 53: � 147-7-18. C.R.S. 1963: � 148-7-17. L. 65: p. 1241, � 1. L. 69: p. 1222, � 13. L. 2017: Entire section amended, (SB 17-026), ch. 47, p. 145, � 12, effective August 9.
C.R.S. § 37-84-122
37-84-122. Division engineer to measure water. Any division engineer, or the division engineer's deputy or assistant, who willfully neglects or refuses, after being called upon, to promptly measure water from the stream or other source of supply into the irrigating canals or ditches, in the division engineer's division, according to their respective priorities, to the extent to which water may be actually necessary for the irrigation of lands under such canals or ditches commits a petty offense.
Source: L. 1887: p. 305, � 5. R.S. 08: � 3258. C.L. � 1737. CSA: C. 90, � 135.
CRS 53: � 147-7-23. C.R.S. 1963: � 148-7-22. L. 69: p. 1222, � 14. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3290, � 674, effective March 1, 2022.
C.R.S. § 37-87-101
37-87-101. Storage of water. (1) (a) The right to store water of a natural stream for later application to beneficial use is recognized as a right of appropriation in order of priority under the Colorado constitution. No water storage facility may be operated in such a manner as to cause material injury to the senior appropriative rights of others. Acquisition of those interests in real property reasonably necessary for the construction, maintenance, or operation of any water storage reservoir, together with inlet, outlet, or spillway structures or other facilities necessary to make such reservoir effective to accomplish the beneficial use or uses of water stored or to be stored therein, may be secured under the laws of eminent domain.
(b) State agencies shall, to the maximum extent practicable, cooperate with
persons desiring to acquire real property for water storage structures.
(2) Underground aquifers are not reservoirs within the meaning of this
section except to the extent such aquifers are filled by other than natural means with water to which the person filling such aquifer has a conditional or decreed right.
(3) (a) Water attributable to a water right for which a previous change of
water right has been judicially approved, that has been decreed for storage, and for which the historical consumptive use was previously quantified may be stored in any reservoir that is located on the same ditch or diversion system, including a nontributary aquifer if the requirements of subsection (2) of this section are complied with, as an alternate place of storage if:
(I) The water that is to be stored at the alternate place of storage is diverted
from a point of diversion that has already been decreed for that water right;
(II) The owner or operator of the storage water right gives previous notice to
the division engineer that identifies the water right, alternate place of storage, decreed point of diversion, and how the storage of the water in the alternate place of storage will be accounted for;
(III) Transit and ditch losses, if applicable, are assessed against the water
right from the decreed point of diversion to the alternate place of storage; and
(IV) The division engineer has approved the accounting for the storage of the
water in the alternate place of storage.
(b) A person who is entitled to claim injury to a water right has the right to a
de novo hearing before the water court to argue that an alternate place of storage injures the person's water right.
(c) Nothing in this subsection (3) allows the storage of water in an alternate
place of storage if that water was imported from another water division.
(d) Other than the place of storage, all of the terms and conditions of the
previous change of water right decree continue to apply to the water right.
Source: L. 1879: p. 106, � 38. G.S. � 1724. R.S. 08: � 3202. C.L. � 1682. L. 35:
p. 661, � 1. CSA: C. 90, � 79. CRS 53: � 147-5-1. C.R.S. 1963: � 148-5-1. L. 79: Entire section amended, p. 1367, � 3, effective June 22. L. 84: (1) R&RE, p. 961, � 1, effective April 30. L. 86: (1) R&RE, p. 1087, � 1, effective July 1. L. 2003: (1) amended, p. 1368, � 3, effective April 25. L. 2017: (3) added, (HB 17-1291), ch. 338, p. 1804, � 1, effective August 9.
Cross references: For proceedings and procedures for taking private
property for public use, see � 15 of art. II, Colo. Const., and article 1 of title 38; for condemnation of property and water rights by cities and towns, see article 6 of title 38.
C.R.S. § 37-87-102
37-87-102. Definitions - natural streams and use thereof by reservoir owners. (1) As used in this article, unless the context otherwise requires:
(a) Mean annual flood means a flood which has a magnitude (peak
discharge) which is expected to be equaled or exceeded on the average once every 2.33 years and has a forty-three percent chance of being equaled or exceeded (0.43 exceedance probability) during any year, by application of the criteria defined in subsection (2) of this section.
(b) Natural stream means a place on the surface of the earth where water
naturally flows regularly or intermittently with a perceptible current between observable banks, although the location of such banks may vary under different conditions.
(c) One-hundred-year flood means a flood which has a magnitude (peak
discharge) which is expected to be equaled or exceeded on the average once during any one-hundred-year period (recurrence interval) and has a one percent chance of being equaled or exceeded during any year (0.01 exceedance probability). The terms one-hundred-year flood, one percent chance flood, and intermediate regional flood are synonymous.
(d) One-hundred-year floodplain means that area in and adjacent to a
natural stream which is subject to flooding as a result of the occurrence of a one-hundred-year flood.
(e) Ordinary high watermark of any stream means the visible channel of a
natural watercourse within which water flows with sufficient frequency so as to preclude the erection or maintenance of man-made improvements without special provision for protection against flows of water in such channel or the channel defined by the mean annual flood, whichever is greater.
(2) Whenever the records basic to a determination of probable future water
flows, either with respect to this section or by other requirements of law, extend for a period of one hundred or more years, the calculation based upon those results shall be deemed conclusive. If such records do not extend for a period of one hundred or more years the determination shall be made by interpolation and correlation to a full one hundred years of records by relating them to known records of water basins as similar as reasonably possible to the basin under consideration or by other acceptable methods.
(3) (a) In any case in which a determination of probable future surface water
flows at any place in the state is required, the calculation shall be based upon past surface water runoff at the place in question supplemented as provided in this section. Such probable flows shall be determined by reference to the records of reliable stream gauging stations. A stream gauging station record shall be deemed reliable if made by the state of Colorado or the United States as part of a regular program of either of those entities, except as to any part of such records which the state engineer shall have designated as being unreliable, on the basis of facts so showing. Whenever a designation of probable future runoff is required at a place other than the location of a reliable stream gauging station, the determination of probable runoff at such other place shall be made by relating the probable future runoff at that place to the recorded runoff at a comparable gauging station or gauging stations by the interpolation of reasonable hydrologic, geologic, and natural vegetative factors supplemented as provided in this section. Unless clearly unrelated, the factors of the comparison shall include, but not be limited to, the following elements or characteristics:
(I) The water basin contributing to the probable future flow at the place
where probable future runoff is to be determined, considering:
(A) The size;
(B) The altitude or altitudes;
(C) The various soil permeabilities;
(D) The various vegetative covers;
(II) The known runoff as determined by reliable stream gauging stations
using interpolations when necessary from comparable gauging stations and relating interpolations to the characteristics of the basin measured by the comparable gauging stations as related to the basin of runoff being determined;
(III) The slope or slopes of the terrain whose surface runoff contributes to
the surface water flows at the place at which a determination of probable future surface water flows is required.
(b) The state engineer shall promulgate rules pursuant to section 24-4-103,
C.R.S., which include other factors for consideration in any area or situation in which calculations based on the criteria in paragraph (a) of this subsection (3) will probably be made more accurate by use of other or additional criteria. Whenever conditions are such that records of past precipitation are an appropriate factor, he may designate any portion of official precipitation records of agencies of the United States or of the state of Colorado which are appropriate in evaluating probable future water flows. He may approve use of factors referred to in this paragraph (b) with respect to particular areas or design of specific structures when requested to do so.
(c) No dam safety requirement shall be imposed to meet a potential hazard
of a flood whose magnitude is such that the hazard would probably exist whether or not the dam failed.
(3.5) Whenever a determination of probable future surface water flows, or
the probability of frequency of their recurrence, at any place in Colorado is required by relation to a longer period of flow than that for which there is a reliable record of flow as defined in subsection (3) of this section, the determination shall be made by interpolation and correlation of known records to the longer period by relating known records of water basins as similar as reasonably possible to the place of determination or basin under consideration, or by use of geologic determinations, or by use of other methods reasonably calculated to formulate an accurate estimate of probable future flows or the probability of frequency of their recurrence at the place of determination of such flows.
(3.7) Calculations of probable flows or frequency of recurrence based upon
application of the principles set forth in subsections (3) and (3.5) of this section shall relieve anyone acting in accordance with such principles of any liability respecting an occurrence different than that predicted. This exemption from liability shall apply to the state and its public officials or employees when acting in performance of their public duties.
(4) The owners of any reservoir may conduct the waters legally stored
therein into and along any of the natural streams of the state, but not so as to raise the waters thereof above ordinary high watermark, and may take the same out again at any point desired if no material injury results to the prior or subsequent rights of others to other waters in said natural streams. Due allowance shall be made for evaporation and other losses from natural causes for the protection of all rights to the waters flowing in said streams, such losses to be determined by the state engineer.
Source: L. 1879: p. 107, � 39. G.S. � 1725. R.S. 08: � 3203. C.L. � 1683. L. 35:
p. 638, � 1. CSA: C. 90, � 80. CRS 53: � 147-5-2. C.R.S. 1963: � 148-5-2. L. 84: Entire section amended, p. 961, � 2, effective April 30. L. 86: (2) and (3) R&RE and (3.5) and (3.7) added, pp. 1088, 1089, �� 1, 2, effective April 4.
C.R.S. § 37-87-103
37-87-103. Notice of release of stored water. The owner of a reservoir who uses the reservoir for water storage shall give reasonable notice to the division engineer of the division in which the reservoir is located of the date on which the reservoir owner desires to release stored water into any natural streams, together with the amount to be released in cubic feet per second, the duration of the releases, and the name of the structure or other location to which the water released from storage is to be delivered, to allow the water officials in charge of any stream into which the stored water is released to make and record the necessary measurements of flow and storage and to provide for a proper patrol of the stream, for the protection of the reservoir owner and all other appropriators along the stream whose interests might be affected as a result of the reservoir release.
Source: L. 35: p. 639, � 2. CSA: C. 90, � 81. CRS 53: � 147-5-3. C.R.S. 1963: �
148-5-3. L. 2017: Entire section amended, (SB 17-026), ch. 47, p. 147, � 13, effective August 9.
Cross references: For the appointments and functions of water division
engineers, see � 37-92-202.
C.R.S. § 37-87-104.5
37-87-104.5. Notification of ownership of dam - when person in control deemed owner. The person or persons actually in control of the physical structure of any dam shall be deemed, for determining liability arising from ownership of a dam and with respect to operation thereof, to be the owners thereof unless notice of the name and address of the true owner thereof, together with reasonable evidence of such ownership, has been filed in the office of the state engineer by January 1, 1985. Any change in ownership shall be immediately filed in the office of the state engineer.
Source: L. 84: Entire section added, p. 968, � 12, effective April 30.
C.R.S. § 37-87-105
37-87-105. Approval of plans for reservoir - notice of modification. (1) No dam shall be constructed in this state to impound water above the elevation of the natural surface of the ground for the purpose of creating a reservoir with a capacity of more than one hundred acre-feet of water or with a surface area at the high water line in excess of twenty acres or if the height of the dam will exceed ten feet measured vertically from the elevation of the lowest point of the natural surface of the ground, where that point occurs along the longitudinal centerline of the dam, up to the flowline crest of the spillway of the dam before plans and specifications for that dam have been filed in the office of the state engineer and approved by him in accordance with regulations established by the state engineer governing such structures.
(2) Repealed.
(3) In making his determination for approval, the state engineer shall be
guided by dam, spillway, and construction regulations established pursuant to this article. Such regulations may include less stringent requirements than those dictated by consideration of probable maximum precipitation. The state engineer shall issue his written decision regarding the approval of plans and specifications within one hundred eighty days of submittal to him. The state engineer shall have authority to require the material used and the work of construction to be accomplished in accordance with regulations which the state engineer may establish. No work shall be deemed complete until the state engineer furnishes to the owners of such structures a written statement of acceptance, which statement shall specify the dimensions of such dam and capacity of such reservoir. The state engineer shall render his written decision regarding acceptance within sixty days of written notification by the owner that construction has been completed.
(4) No alteration, modification, repair, or enlargement of a reservoir or dam
which will affect the safety of the structure shall be made without prior written notice and approval in accordance with this section to the state engineer. General maintenance, ordinary repairs, or emergency actions not impairing safety shall be excluded from the terms of this subsection (4).
Source: L. 1899: p. 314, � 1. R.S. 08: � 3205. C.L. � 1685. L. 25: p. 330, � 1.
CSA: C. 90, � 83. CRS 53: � 147-5-5. C.R.S. 1963: � 148-5-5. L. 77: Entire section amended, p. 1696, � 1, effective July 23. L. 79: Entire section amended, p. 1370, � 1, effective May 24. L. 83: Entire section amended, p. 1405, � 2, effective June 1. L. 84: (1), (3), and (4) amended and (2) repealed, pp. 964, 969, �� 4, 13, effective April 30.
C.R.S. § 37-87-107
37-87-107. Safety inspections - amount of water to be stored. Dam safety inspections shall be made on all dams within the state by qualified, experienced personnel as often as the state engineer deems necessary or appropriate for the protection of public health and safety so that a determination of the amount of water which is safe to impound in the reservoir can be made by the state engineer. The dam safety inspections shall include, but shall not be limited to, review of previous inspections, reports and drawings, site inspection of the dam, spillways, outlet facilities, seepage control and measurement system, and permanent monument or monitoring installations, if any. Based upon inspection reports and other information affecting the safety of each dam, the state engineer shall determine the amount of water which is safe to impound in the reservoir. It is unlawful for the owners of any reservoir to store in said reservoir water in excess of the amount so determined by the state engineer to be safe.
Source: L. 1899: p. 315, �3. R.S. 08: � 3207. C.L. � 1687. CSA: C. 90, � 85.
CRS 53: � 147-5-7. C.R.S. 1963: � 148-5-7. L. 84: Entire section amended, p. 965, � 6, effective April 30.
C.R.S. § 37-87-108
37-87-108. Withdrawal of excess water. If the owners of any such reservoir impound water therein to a depth greater than that determined by the state engineer to be safe, it is the duty of the division engineer of the district wherein such reservoir is located to forthwith proceed to withdraw from said reservoir so much of the water as shall be in excess of the amount so determined by the state engineer to be safe, and the division engineer shall close the inlets to the same to prevent said reservoir from being refilled to an amount beyond what said state engineer has designated as being safe. If the owners of said reservoir, or any other persons, interfere with the division engineer in the discharge of said duty, the said division engineer shall call to his aid such persons as he deems necessary and employ such force as the circumstances demand to enable him to comply with the requirements of this section. Any costs incurred by the state engineer in rectifying a failure of compliance by the owner may be recovered in a suit for civil damages.
Source: L. 1899: p. 315, � 4. R.S. 08: � 3208. C.L. � 1688. CSA: C. 90, � 86.
CRS 53: � 147-5-8. C.R.S. 1963: � 148-5-8. L. 84: Entire section amended, p. 966, � 7, effective April 30.
Cross references: For the appointments and functions of water division
engineers, see � 37-92-202.
C.R.S. § 37-87-108.5
37-87-108.5. Emergency actions. (1) If, in the opinion of the state engineer, conditions of any dam or reservoir are so dangerous to the health and safety of life or property as not to permit time for issuance and enforcement of an order relative to construction, modification, maintenance, or restriction of storage, or the dam is threatened by any large flood, the state engineer may immediately employ remedial measures necessary to protect such life and property.
(2) (a) The state engineer shall maintain complete control of any such dam or
reservoir which, pursuant to subsection (1) of this section, has been determined to be dangerous to life or property until such dam or reservoir is deemed safe, or until any emergency conditions which precipitated the state engineer taking control of any such dam or reservoir, pursuant to subsection (1) of this section, have abated. The state engineer is hereby empowered to determine the proper time at which to relinquish control of any such dam or reservoir.
(b) For purposes of this paragraph (b), measures taken by the state engineer
pursuant to subsection (1) of this section shall be deemed final action by the state engineer for purposes of judicial review. The owner or operator of any dam upon which the state engineer has employed remedial measures pursuant to subsection (1) of this section may seek judicial review of the propriety of such measures by filing an action in the state district court for the district in which such dam is located.
(3) (a) Any necessary and reasonable costs and expenses incurred by the
state engineer in fulfilling the duties mandated by subsections (1) and (2) of this section in connection with a remedial or emergency action shall be recoverable by the state engineer from the owner of any such dangerous or threatened dam.
(b) Any owner failing or refusing, after written notice has been given, to pay
the reasonable costs and expenses incurred by the state engineer pursuant to paragraph (a) of this subsection (3) shall be, upon complaint by the state engineer to the attorney general, subject to reasonable attorney fees incurred in the recovery of such costs and expenses.
(4) (a) All moneys collected by the state engineer pursuant to subsection (3)
of this section shall be credited to the emergency dam repair cash fund created in section 37-60-122.5, to the extent necessary to replenish the account. Moneys collected in excess of such amount shall be credited to the Colorado water conservation board construction fund.
(b) The general assembly shall make annual appropriations from the
emergency dam repair cash fund created in section 37-60-122.5, for the direct and indirect costs incurred by the state engineer in the performance of those duties authorized to be carried out by the state engineer in this section.
Source: L. 92: Entire section added, p. 2308, � 11, effective June 3. L. 2001: (4)
amended, p. 696, � 35, effective May 30.
C.R.S. § 37-87-109
37-87-109. Complaint that reservoir is unsafe. Upon complaint being made to the state engineer by one or more persons residing or having property in such a location that their homes or property would be in danger of destruction or damage in the event of a flood occurring on account of the breaking of the embankment of any reservoir within the state, that said reservoir is in an unsafe condition, or that it is being filled with water to such an extent as to render it unsafe, it is the duty of the state engineer to forthwith examine said reservoir and determine the amount of water it is safe to impound therein. If, upon such examination, the state engineer finds that said reservoir is unsafe, or is being filled with water to such an extent as to render it unsafe, it is his duty to immediately cause said water to be drawn from said reservoir to such an extent as will, in his judgment, render the same safe. If water is then flowing into said reservoir, he shall cause it to be discontinued.
Source: L. 1899: p. 315, � 5. R.S. 08: � 3209. C.L. � 1689. CSA: C. 90, � 87.
CRS 53: � 147-5-9. C.R.S. 1963: � 148-5-9. L. 71: p. 1307, � 2.
C.R.S. § 37-87-110
37-87-110. Engineer may use force. The state engineer is authorized to use such force as is necessary to perform the duties required of him in section 37-87-109 and to have and exercise all of the powers conferred upon the division engineer by section 37-87-108. If, after any of such reservoirs have been examined by said state engineer, the owners thereof, or any other person, fills or attempts to fill them, or any of them, to a point in excess of the amount the state engineer has determined to be safe, then it is the duty of the division engineer of the district wherein such reservoir is located to proceed as directed by section 37-87-108. All direct, actual, and necessary expenses incurred in performing any action authorized by this section shall be recoverable by the state engineer from the owner of the affected reservoir and if not reimbursed may be collected by action brought by the state engineer in the district court of the county in which the reservoir, or part thereof, is located.
Source: L. 1899: p. 316, � 6. R.S. 08: � 3210. C.L. � 1690. CSA: C. 90, � 88.
CRS 53: � 147-5-10. C.R.S. 1963: � 148-5-10. L. 84: Entire section amended, p. 966, � 8, effective April 30.
Cross references: For the appointments and functions of water division
engineers, see � 37-92-202.
C.R.S. § 37-87-111
37-87-111. Expense of examination. The person calling upon the state engineer to perform the duty required of him by section 37-87-109, if the request is frivolous or made in bad faith, shall pay him any invoiced expenses and mileage at the rate prevailing for state officers and employees under section 24-9-104, C.R.S., for each mile actually and necessarily traveled in going to and from said reservoir, and, should the state engineer find upon examination that such reservoir is in an unsafe condition, the owners thereof shall be liable for all expenses incurred in such examination.
Source: L. 1899: p. 316, � 7. R.S. 08: � 3211. C.L. � 1691. CSA: C. 90, � 89. CRS
53: � 147-5-11. C.R.S. 1963: � 148-5-11. L. 71: p. 1308, � 3. L. 84: Entire section amended, p. 966, � 9, effective April 30. L. 90: Entire section amended, p. 1616, � 3, effective July 1.
C.R.S. § 37-87-112
37-87-112. Review of action of state engineer. Any action of the state engineer under section 37-87-110 shall be subject to review in a de novo proceeding commenced by complaint of the owner in the district court in and for the county where the affected structure is located. When the state engineer has directed that certain measures shall be taken immediately for the protection of the public safety, any such judicial proceeding shall be accelerated on the court's calendar and determined immediately upon the conclusion of such proceeding. The judgment and action of the state engineer shall control until judicial determination of the cause.
Source: L. 1899: p. 316, � 8. R.S. 08: � 3212. C.L. � 1692. CSA: C. 90, � 90.
CRS 53: � 147-5-12. C.R.S. 1963: � 148-5-12. L. 64: p. 341, � 343. L. 84: Entire section R&RE, p. 967, � 10, effective April 30.
C.R.S. § 37-87-114
37-87-114. Penalty - disposition of fines. (1) Any reservoir owner or operator failing or refusing, after notice in writing has been given, to obey the reasonable directions of the state engineer as to the construction or safe operation of any reservoir shall be subject to a fine of not less than five hundred dollars for each offense, and each day's continuance after time of notice has expired shall be considered a separate offense. Such fines shall be recovered by civil action in the name of the people by the district attorney, upon the complaint of the state engineer, in the district court of the county where the injury complained of occurred. The proceeds of all fines, after payment of costs and charges of the proceedings, shall be paid into the county treasury for the use of the general fund of the county.
(2) Upon the complaint of the state engineer, the attorney general is
authorized to commence proceedings against any reservoir owner or operator for refusing, after notice in writing has been given, to obey the directions of the state engineer as to the construction or safe operation of any reservoir to secure compliance with any such reasonable direction necessary for public safety in the district court of the county wherein any portion of such reservoir is located, pursuant to the Colorado rules of civil procedure; except that, if it appears to the court that the public safety is in jeopardy as the result of a failure to obey the directions of the state engineer, the court shall expedite the proceedings so that determinations may be made with respect to the directions of the state engineer commencing not later than twenty days from the service of the complaint on the owner or operator of a reservoir.
Source: L. 1899: p. 317, � 10. R.S. 08: � 3214. C.L. � 1694. CSA: C. 90, � 92.
CRS 53: � 147-5-14. C.R.S. 1963: � 148-5-14. L. 71: p. 1308, � 4. L. 84: Entire section amended, p. 967, � 11, effective April 30. L. 85: (2) amended, p. 1159, � 1, effective April 12.
C.R.S. § 37-87-114.4
37-87-114.4. Annual report. Notwithstanding section 24-1-136 (11)(a)(I), the state engineer shall submit an annual report to the general assembly by November 1 of each year concerning the activities of the state engineer and the division of water resources relating to sections 37-87-105 to 37-87-114 for the preceding fiscal year. The report must include information on the following: Approvals of plans and specifications for construction of dams and reservoirs and for alterations, modifications, repairs, and enlargements; number of safety inspections made and the results thereof; use of appropriated funds; receipts generated for inspections of dams and reservoirs; rules and regulations adopted or amended; enforcement orders and proceedings; dam failures and reasons therefor; and other available data regarding the effectiveness of the state's dam and reservoir safety program.
Source: L. 84: Entire section added, p. 968, � 12, effective April 30. L. 85:
Entire section amended, p. 1366, � 38, effective June 28. L. 2002: Entire section amended, p. 880, � 16, effective August 7. L. 2014: Entire section amended, (SB 14-026), ch. 4, p. 81, � 1, effective August 6. L. 2017: Entire section amended, (HB 17-1257), ch. 254, p. 1067, � 14, effective August 9.
C.R.S. § 37-87-114.5
37-87-114.5. Applicability of provisions - exemptions. (1) The provisions of sections 37-87-105 to 37-87-114 shall not apply to:
(a) Structures not designed or operated for the purpose of storing water;
(b) Mill tailings impoundment structures permitted under article 32 or 33 of
title 34, C.R.S.;
(c) Uranium mill tailings and liquid impoundment structures permitted under
article 11 of title 25, C.R.S.; except that the state engineer shall render such consultation as necessary for the permitting of such structures;
(d) Siltation structures permitted under article 33 of title 34, C.R.S.; or
(e) Structures which store water only below the elevation of the natural
surface of the ground.
Source: L. 84: Entire section added, p. 968, � 12, effective April 30.
C.R.S. § 37-87-115
37-87-115. Damages. The provisions of this article are undertaken by the state of Colorado in the discretionary exercise of its governmental authority; therefore, neither the state of Colorado nor the state engineer, any member of his staff, or any person appointed by him shall be liable in damages for any act done by him or for his failure to act in pursuance of the provisions of this article. In addition, the state engineer, any member of his staff, and any person appointed by him shall have the same immunity from liability as other public employees pursuant to the provisions of article 10 of title 24, C.R.S.
Source: L. 03: p. 264, � 7. R.S. 08: � 3221. C.L. � 1701. CSA: C. 90, � 99. CRS
53: � 147-5-21. C.R.S. 1963: � 148-5-21. L. 71: p. 1308, � 5. L. 86: Entire section amended, p. 1094, � 1, effective May 3.
C.R.S. § 37-87-118
37-87-118. State engineer's authority over construction. (Repealed)
Source: L. 37: p. 788, � 3. CSA: C. 90, � 99(3). CRS 53: � 147-5-24. C.R.S.
1963: � 148-5-24. L. 71: p. 1309, � 8. L. 83: Entire section amended, p. 1407, � 5, effective June 1. L. 87: Entire section repealed, p. 1304, � 1, effective May 20.
C.R.S. § 37-87-122
37-87-122. Erosion control dams. (1) The provisions of sections 37-87-101 to 37-87-108 shall not apply to erosion control dams of the character defined in this section, unless such dams also come within the specification requirements of said sections.
(2) Erosion control dams for reservoirs may be constructed on watercourses,
the channels of which have been determined by the state engineer to be normally dry, having a vertical height not exceeding fifteen feet from the bottom of the channel to the bottom of the spillway, and having a capacity not exceeding ten acre-feet at the emergency spillway level, upon approval of an application for such erosion control dam by the state engineer, which application shall be accompanied by a fee of fifteen dollars. The approval by the state engineer of an erosion control dam shall be chronologically numbered in order of approval and in concert with any livestock water tanks approved pursuant to section 35-49-109, C.R.S. When such reservoirs are to be constructed with such height exceeding fifteen feet and such capacity exceeding ten acre-feet, they shall be constructed in accordance with section 37-87-105.
(3) Such reservoirs may be constructed with a capacity in excess of two
acre-feet if, at or below the two acre-feet level, an ungated outlet tube is installed, with twelve inches minimum diameter and large enough to assure adequate capacity to drain within thirty-six hours any impoundment in excess of two acre-feet.
(4) The state engineer shall prepare and keep on file at the office of the
state engineer standard specifications for erosion control dams which shall be subject to revision by the state engineer and shall in general be used as a guide by persons proposing to construct such dams.
(5) The fees collected pursuant to subsection (2) of this section shall be
deposited by the state engineer with the state treasurer, who shall credit all such fees to the general fund of the state.
Source: L. 73: p. 1518, � 1. C.R.S. 1963: � 148-5-30. L. 87: (1) amended, p.
1304, � 2, effective May 20. L. 90: (2) amended and (5) added, p. 1617, � 4, effective July 1. L. 92: (2) and (4) amended, p. 2309, � 12, effective June 3.
C.R.S. § 37-87-124
37-87-124. Restriction of facilities within reservoirs. (1) The general assembly hereby declares that the prevention of seasonal flooding which causes destruction of property and crops, loss of livestock, and risk or loss of human life is manifestly of greater concern and benefit to this state than the availability of recreational facilities and other facilities, not functionally related to the operation of the reservoir, constructed below the high water level of a reservoir.
(2) In order to achieve the purposes of subsection (1) of this section, no
person, including any state or federal agency, quasi-municipal corporation, or political subdivision, shall construct any permanent recreational structure within a reservoir below the elevation at the crest of the spillway of the reservoir unless such facility is constructed in such a manner as to withstand partial or complete inundation and sustain minimal or no damage thereby or unless such facility is necessary to the operation of the reservoir. Said facility should be capable of being restored to full recreational use with a minimum amount of cleaning or expense. This subsection (2) and subsection (3) of this section shall not apply to facilities completed before July 1, 1984, but shall apply to any enlargement or remodeling of such facilities.
(3) The state engineer shall order the removal of any facilities constructed,
enlarged, or remodeled in violation of this section. Such order may be appealed by the affected person or enforced by the state engineer pursuant to article 4 of title 24, C.R.S.
Source: L. 84: Entire section added, p. 970, � 1, effective April 2.
C.R.S. § 37-87-125
37-87-125. Notice of intent to construct impoundment structure. Any person proposing to construct a reservoir for the purpose of storing water, other than a reservoir specified in section 37-87-105 (1) or a livestock water tank as described in section 35-49-103, C.R.S., shall submit notice thereof to the state engineer prior to the beginning of any construction. Such notice shall include the location of such proposed reservoir with reference to section, township, and range and the dimensions of the reservoir, the dam, and the spillway. If any reservoir is constructed without the notice required by this section, the state engineer may prohibit the storage of water in such reservoir or direct the withdrawal of water from such reservoir. The provisions of this section shall not apply to structures listed in section 37-87-114.5.
Source: L. 84: Entire section added, p. 968, � 12, effective April 30.
ARTICLE 88
State Canals and Reservoirs
C.R.S. § 37-88-102
37-88-102. State engineer shall survey, lay out, and locate. (Repealed)
Source: L. 1889: p. 285, � 2. R.S. 08: � 3500. C.L. � 1934. CSA: C. 90, � 351.
CRS 53: � 147-17-2. C.R.S. 1963: � 148-17-2. L. 77: Entire section amended, p. 954, � 33, effective August 1. L. 2017: Entire section repealed, (SB 17-026), ch. 47, p. 147, � 14, effective August 9.
C.R.S. § 37-88-106
37-88-106. Aiding in the construction. For the purpose of aiding in the construction of said ditches, canals, reservoirs, and feeders, the department of corrections is authorized to receive subscriptions and advancements of money from persons owning land along the line of said proposed ditches, canals, reservoirs, and feeders, or persons desiring the construction of the same, and to issue receipts or certificates to such persons so advancing money for the amount thereof, which receipt or certificate shall draw interest at the rate of seven percent per annum, and both principal and interest shall be payable in water to be taken from said ditches, canals, reservoirs, or feeders, under such rules and regulations as may be adopted by said department and the state engineer and approved by the governor of the state.
Source: L. 1889: p. 286, � 6. R.S. 08: � 3504. C.L. � 1938. CSA: C. 90, � 355.
CRS 53: � 147-17-6. C.R.S. 1963: � 148-17-6. L. 77: Entire section amended, p. 955, � 36, effective August 1.
C.R.S. § 37-88-108
37-88-108. Control of Boss lake reservoir. (1) The board of county commissioners of Chaffee county has charge and control of that certain state reservoir situated in said county and commonly known as the Boss lake reservoir and, without expense to the state of Colorado, other than expenses payable from the Colorado water conservation board construction fund and such financial assistance or other aid as may be available to non-state-owned reservoirs, shall maintain and keep said reservoir in good condition and provide for the storage of water as contemplated in the law providing for the construction of said reservoir and also for the distribution of said water under the direction of the division engineer for the district in which said reservoir is situated, at such times as the scarcity of water in the stream known as the South Arkansas demands that the waters in said stream should be replenished; except that said waters shall be distributed by the said division engineer pro rata without reference to the dates of priorities of water rights and further except that the county of Chaffee shall assume and shall be held responsible for any damages resulting from breakage of the dam or water discharges therefrom unless the responsibility for damages has been assumed by the upper Arkansas water conservancy district as part of the agreement pursuant to subsection (2) of this section.
(2) The board of county commissioners of Chaffee county may agree with the
upper Arkansas water conservancy district in which the Boss lake reservoir is located for said district's assumption of the duty to control, maintain, and keep the reservoir in good condition. The agreement may further provide for the upper Arkansas water conservancy district to assume and be held responsible for any damages resulting from breakage of the dam or water discharges therefrom.
Source: L. 1897: p. 119, � 1. R.S. 08: � 3560. C.L. � 1957. CSA: C. 90, � 374.
CRS 53: � 147-17-15. C.R.S. 1963: � 148-17-15. L. 81: Entire section amended, p. 1780, � 1, effective June 19.
Cross references: For the appointments and functions of water division
engineers, see � 37-92-202.
C.R.S. § 37-88-109
37-88-109. County control of reservoirs. (1) The board of county commissioners of any county wherein is situated any state reservoir shall have charge and control of such reservoir and, without expense to the state of Colorado, other than expenses payable from the Colorado water conservation board construction fund and such financial assistance or other aid as may be available to non-state-owned reservoirs, shall maintain and keep said reservoir in good condition and provide for the storage of water as contemplated in the law providing for the construction of said reservoir and also for the distribution of said water under the direction of the division engineer for the district in which said reservoir is situated, at such times as the scarcity of water in the stream which such reservoir is intended to reinforce demands that the water in said stream should be replenished for agricultural purposes; except that said waters shall be distributed by said division engineer pro rata without reference to priority of water rights and also except that the counties in which said reservoirs are situated shall assume and shall be held responsible for any damages resulting from breakage of the dams or water discharges therefrom. The provisions of this section shall not apply to any state reservoir constructed primarily for the purpose of irrigating state lands, but any such reservoir shall remain in the control of the state board of land commissioners.
(2) In the case of reservoirs owned by the division of parks and wildlife, the
state engineer or the division engineer in the district in which such reservoirs are located shall have the authority to cause the release of water stored therein for domestic and municipal purposes in time of scarcity. All expenses occasioned by the release of such waters for said purposes shall be borne by the counties or the beneficiaries of such releases, and said reservoirs, when refilled in priority, shall be restocked at the expense of the county or the beneficiary of said release.
Source: L. 1899: p. 350, � 1. R.S. 08: � 3562. C.L. � 1959. CSA: C. 90, � 376.
CRS 53: � 147-17-16. C.R.S. 1963: � 148-17-16. L. 81: Entire section amended, p. 1781, � 2, effective June 19.
Cross references: For the appointments and functions of water division
engineers, see � 37-92-202.
C.R.S. § 37-88-110
37-88-110. Monument lake dam and reservoir - transfer of title - ownership and control. (1) Upon completion of the repair described in subsection (2) of this section, the governor is hereby authorized to execute a deed of conveyance to the town of Monument of all the right, title, and interest of the state of Colorado in and to the structure known as Monument lake dam located in El Paso county.
(2) The transfer of title to Monument lake dam pursuant to subsection (1) of
this section shall not occur until such time as the dam is repaired to the satisfaction of the state engineer's office and other governmental entities with applicable jurisdiction. The town of Monument and El Paso county are jointly responsible for financing the repair of Monument lake dam and are authorized to apply for financial assistance from the Colorado water resources and power development authority established in article 95 of this title, the Colorado water conservation board established in article 60 of this title, and from any other appropriate state, federal, or private source.
(3) As there are no adjudicated water rights to Monument lake reservoir,
upon the transfer of title to Monument lake dam pursuant to subsection (1) of this section, the town of Monument may acquire and assume the duties and responsibilities relating to the storage of water in Monument lake reservoir.
(4) Upon the transfer of title to Monument lake dam pursuant to subsection
(1) of this section, the town of Monument shall assume all liability and responsibility relating to the control, management, and maintenance of Monument lake dam and reservoir, and at such time the board of county commissioners of El Paso county shall be relieved from all responsibilities relating to Monument lake reservoir pursuant to section 37-88-109.
Source: L. 2000: Entire section added, p. 680, � 1, effective May 23.
ARTICLE 89
Offenses
C.R.S. § 37-89-103
37-89-103. Penalty for interfering with adjusted headgates. (1) Every person who willfully and without authority opens, closes, changes, or interferes with any headgate of any ditch, or any water box or measuring device of any ditch for the receiving or delivery of water, after the headgate of the ditch has been adjusted by and is in the control of the division engineer, or after such water box or measuring device has been adopted by the ditch officer in charge commits a class 2 misdemeanor.
(2) Any person who is found using water taken through any such headgate,
water box, or measuring device so unlawfully interfered with shall prima facie be deemed guilty of a violation of this section.
Source: L. 1879: p. 108, � 44. G.S. � 1755. L. 01: p. 196, � 1. R.S. 08: � 3497.
C.L. � 1931. CSA: C. 90, � 348. CRS 53: � 147-16-3. C.R.S. 1963: � 148-16-3. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3292, � 679, effective March 1, 2022.
Cross references: For the appointments and functions of water division
engineers, see � 37-92-202.
C.R.S. § 37-90-103
37-90-103. Definitions - rules. As used in this article 90, unless the context otherwise requires:
(1) Alternate point of diversion well means any well drilled and used, in
addition to an original well or other diversion, for the purpose of obtaining the present appropriation of that original well, from more than one point of diversion.
(2) Aquifer means a formation, group of formations, or part of a formation
containing sufficient saturated permeable material that could yield a sufficient quantity of water that may be extracted and applied to a beneficial use.
(3) Artesian well means a well tapping an aquifer in which the static water
level in the well rises above where it was first encountered in the aquifer, due to hydrostatic pressure.
(3.5) Bedrock aquifer means a designated basin bedrock aquifer.
(4) Board or board of directors means the board of directors of a ground
water management district as organized under section 37-90-124.
(5) Colorado water conservation board refers to the board created in
section 37-60-102.
(5.5) Designated basin bedrock aquifer means a designated groundwater
aquifer defined as a bedrock aquifer pursuant to rules adopted by the ground water commission, where water is allocated on the basis of ownership of the overlying land and the available groundwater volume beneath the overlying land.
(6) (a) Designated groundwater means that groundwater which in its
natural course would not be available to and required for the fulfillment of decreed surface rights, or groundwater in areas not adjacent to a continuously flowing natural stream wherein groundwater withdrawals have constituted the principal water usage for at least fifteen years preceding the date of the first hearing on the proposed designation of the basin, and which in both cases is within the geographic boundaries of a designated groundwater basin. Designated groundwater shall not include any groundwater within the Dawson-Arkose, Denver, Arapahoe, or Laramie-Fox Hills formation located outside the boundaries of any designated groundwater basin that was in existence on January 1, 1983.
(b) (I) However, designated groundwater may include any groundwater in
the Crow Creek drainage area in Weld county, upstream from the confluence of Crow Creek and Little Crow Creek, within the Laramie-Fox Hills formation located outside such boundaries when the Laramie-Fox Hills formation is not overlaid by the Dawson-Arkose, Denver, or Arapahoe formations.
(II) If, upon receipt by the state engineer of the findings of the Laramie-Fox
Hills study, as authorized by Senate Bill 250, 1985 legislative session, that the upper Crow Creek drainage area in Weld county, upstream from the confluence of Crow Creek and Little Crow Creek, within the Laramie-Fox Hills formation when the Laramie-Fox Hills formation is not overlaid by the Dawson-Arkose, Denver, or Arapahoe formations should not be a designated groundwater basin, this paragraph (b) is repealed.
(7) Designated groundwater basin means that area established by the
ground water commission in accordance with section 37-90-106.
(8) Ground water commission or commission refers to the ground water
commission created and provided for in section 37-90-104 to facilitate the functioning of this article.
(9) Ground water management district or district means any district
organized under the provisions of this article.
(10) Historical water level means the average elevation of the groundwater
level in any area before being lowered by the activities of man, as nearly as can be determined from scientific investigation and available facts.
(10.5) Nontributary groundwater means that groundwater, excluding
designated groundwater, the withdrawal of which will not, within one hundred years of continuous withdrawal, deplete the flow of a natural stream, including a natural stream as defined in sections 37-82-101 (2) and 37-92-102 (1)(b), at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal. The determination of whether groundwater is nontributary shall be based on aquifer conditions existing at the time of permit application; except that, in recognition of the de minimis amount of water discharging from the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers into surface streams due to artesian pressure, when compared with the great economic importance of the groundwater in those aquifers, and the feasibility and requirement of full augmentation by wells located in the tributary portions of those aquifers, it is specifically found and declared that, in determining whether groundwater of the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers is nontributary, it shall be assumed that the hydrostatic pressure level in each such aquifer has been lowered at least to the top of that aquifer throughout that aquifer; except that not nontributary groundwater, as defined in subsection (10.7) of this section, in the Denver basin shall not become nontributary groundwater as a result of the aquifer's hydrostatic pressure level dropping below the alluvium of an adjacent stream due to Denver basin well pumping activity. Nothing in this subsection (10.5) precludes the designation of any aquifer or basin, or any portion of an aquifer or basin, that is otherwise eligible for designation under the standard set forth in subsection (6) of this section relating to groundwater in areas not adjacent to a continuously flowing natural stream wherein groundwater withdrawals have constituted the principal water usage for at least fifteen years preceding the date of the first hearing on the proposed designation of a basin.
(10.7) Not nontributary groundwater means groundwater located within
those portions of the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers that are outside the boundaries of any designated groundwater basin in existence on January 1, 1985, the withdrawal of which will, within one hundred years, deplete the flow of a natural stream, including a natural stream as defined in sections 37-82-101 (2) and 37-92-102 (1)(b), at an annual rate of greater than one-tenth of one percent of the annual rate of withdrawal.
(10.9) Oil and gas well means a well permitted by the energy and carbon
management commission created in section 34-60-104.3 (1) or a well authorized by a federal or tribal entity for the primary purpose of mining, including exploration or production, of petroleum products.
(11) Person means any individual, partnership, association, or corporation
authorized to do business in the state of Colorado, or any political subdivision or public agency thereof, or any agency of the United States, making a beneficial use, or taking steps, or doing work preliminary to making a beneficial use of designated underground waters of Colorado.
(12) Private driller means any individual, corporation, partnership,
association, political subdivision, or public agency which operates as lessee or owner its own well drilling rig and equipment and which digs, drills, redrills, cases, recases, deepens, or excavates a well upon the property of such entity.
(12.5) Quarter-quarter means a fourth of a fourth of a section of land and is
equal to approximately forty acres.
(12.7) Replacement plan means a detailed program to increase the supply
of water available for beneficial use in a designated groundwater basin or portion thereof for the purpose of preventing material injury to other water rights by the development of new points of diversion, by pooling of water resources, by water exchange projects, by providing substitute supplies of water, by the development of new sources of water, or by any other appropriate means consistent with the rules adopted by the commission. Replacement plan does not include the salvage of designated groundwater by the eradication of phreatophytes, nor does it include the use of precipitation water collected from land surfaces that have been made impermeable, thereby increasing the runoff, but not adding to the existing supply of water.
(13) Replacement well means a new well which replaces an existing well
and which shall be limited to the yield of the original well and shall take the date of priority of the original well, which shall be abandoned upon completion of the new well.
(14) Resident agriculturist means a bona fide farmer or rancher residing in
the designated groundwater basin whose major source of income is derived from the production and sale of agricultural products.
(15) State engineer means the state engineer of Colorado or any person
deputized by him in writing to perform a duty or exercise a right granted in this article.
(16) Subdivision means an area within a groundwater basin.
(17) Supplemental well means any well drilled and used, in addition to an
original well or other diversion, for the purpose of obtaining the quantity of the original appropriation of the original well, which quantity can no longer be obtained from the original well.
(18) Taxpaying elector means a person qualified to vote at general
elections in Colorado, who owns real or personal property within the district and has paid ad valorem taxes thereon in the twenty months immediately preceding a designated time or event, which property is subject to taxation at the time of any election held under the provisions of this article or at any other time in reference to which the term taxpaying elector is used. A person who is obligated to pay taxes under a contract to purchase real property in the district shall be considered an owner. The ownership of any property subject to the payment of a specific ownership tax on a motor vehicle or trailer or of any other excise or property tax other than general ad valorem property taxes shall not constitute the ownership of property subject to taxation as provided in this article.
(19) Underground water and groundwater are used interchangeably in
this article and mean any water not visible on the surface of the ground under natural conditions.
(20) Waste means causing, suffering, or permitting any well to discharge
water unnecessarily above or below the surface of the ground.
(21) (a) Well means any structure or device used for the purpose or with the
effect of obtaining groundwater for beneficial use from an aquifer. Well includes an augmentation well that diverts groundwater tributary to the South Platte river and delivers it to a surface stream, ditch, canal, reservoir, or recharge facility to replace out-of-priority stream depletions, or to meet South Platte river compact obligations, either directly or by recharge accretions, as part of a plan for augmentation approved by the water judge for water division 1 or a substitute water supply plan approved pursuant to section 37-92-308.
(b) Well does not include a naturally flowing spring or springs where the
natural spring discharge is captured or concentrated by installation of a near-surface structure or device less than ten feet in depth located at or within fifty feet of the spring or springs' natural discharge point and the water is conveyed directly by gravity flow or into a separate sump or storage, if the owner obtains a water right for such structure or device as a spring pursuant to article 92 of this title.
(22) Well driller means any individual, corporation, partnership, association,
political subdivision, or public agency which digs, drills, cases, recases, deepens, or excavates a well either by contract or for hire or for any consideration whatsoever.
Source: L. 65: R&RE, p. 1246, � 1. C.R.S. 1963: � 148-18-2. L. 67: p. 275, �� 1, 2.
L. 71: p. 1311, � 1. L. 83: (6) amended, p. 1414, � 1, effective May 23. L. 85: (6) amended, p. 1170, � 1, effective July 1; (10.5) added, p. 1161, � 2, effective July 1. L. 92: (12.5) added and (13) amended, p. 2297, � 1, effective March 19. L. 95: (21) amended, p. 139, � 1, effective April 7. L. 96: (10.5) amended and (10.7) added, p. 1360, � 1, effective June 1. L. 98: (12.7) added, p. 1212, � 2, effective August 5. L. 2003: (21)(a) amended, p. 1453, � 2, effective April 30. L. 2009: (10.5) amended and (10.9) added, (HB 09-1303), ch. 390, p. 2107, � 1, effective June 2. L. 2023: IP and (10.9) amended, (SB 23-285), ch. 235, p. 1257, � 38, effective July 1. L. 2025: (3.5) and (5.5) added, (HB 25-1014), ch. 388, p. 2188, � 8, effective August 6; (10.5) amended, (HB 25-1165), ch. 257, p. 1302, � 9, effective August 6.
Editor's note: (1) The upper Crow Creek drainage area is a designated
groundwater basin (see rule 5.2.9 of the ground water commission, 2 CCR 410-1). Therefore, subsection (6)(b) is not repealed.
(2) Section 9(2) of chapter 388 (HB 25-1014), Session Laws of Colorado
2025, provides that the act changing this section applies to well permit applications that are pending before, on, or after August 6, 2025, and to valid well permits in existence before, on, or after August 6, 2025.
Cross references: (1) For the authorization by Senate Bill 85-250 as
specified in subsection (6)(b)(II) of this section, see p. 1452 and footnote 70 on p. 1487 of the 1985 general appropriation act, chapter 344, Session Laws of Colorado 1985.
(2) For the legislative declaration in HB 25-1165, see section 1 of chapter
257, Session Laws of Colorado 2025.
C.R.S. § 37-90-104
37-90-104. Commission - organization - expenses. (1) There is created the ground water commission, which consists of twelve members, nine of whom are appointed by the governor and confirmed by the senate. The ground water commission is a type 1 entity, as defined in section 24-1-105.
(2) (a) All appointments to the commission are for terms of four years,
except those made to fill vacancies, which shall be for the remainder of the term vacated.
(b) Appointments by the governor shall be made as follows:
(I) Six members who are resident agriculturists of designated groundwater
basins, with no more than two resident agriculturists from the same groundwater basin to be members of the commission at the same time;
(II) One member who is a resident agriculturist and who is from water division
3; and
(III) Two residents of the state of Colorado who represent municipal or
industrial water users of the state, one of whom is from the area west of the continental divide.
(3) In addition to the appointed members, the commission includes:
(a) The executive director of the department of natural resources, who is a
voting member;
(b) The state engineer, who is a nonvoting member; and
(c) The director of the Colorado water conservation board, who is a nonvoting
member.
(4) (a) Six voting members constitutes a quorum at any regularly or specially
called meeting of the commission, and a majority vote of those present shall rule.
(b) The commission shall establish and maintain a schedule of at least four
general meetings each year. The chair, at the chair's discretion, or two voting members may call special meetings of the commission to dispose of accumulated business.
(5) Members of the commission shall be paid no compensation but shall be
paid actual necessary expenses incurred by them in the performance of their duties as members and a per diem of fifty dollars per day while performing official duties, not to exceed two thousand four hundred dollars in any year.
(6) (a) The commission shall biennially select a chair and vice-chair from
among the appointed members.
(b) The state engineer shall be ex officio the executive director of the
commission and shall carry out and enforce the decisions, orders, and policies of the commission.
(c) The commission may delegate to the executive director the authority to
perform any of the functions of the commission as set forth in this article 90 except the determination of a designated groundwater basin as set forth in section 37-90-106 and the creation of ground water management districts.
(d) If any person is dissatisfied with any action of the executive director
under the exercise of the powers delegated by the commission, the person may appeal said action to the commission, which shall hear the person's appeals as specified in sections 37-90-113 and 37-90-114.
(7) The provisions of section 24-6-402 (3)(a)(II) concerning imminent court
action, as applied to the ground water commission and to any member, employee, contractor, agent, servant, attorney, or consultant of the commission, shall not include any actions within the scope of sections 37-90-106 to 37-90-109 and section 37-90-111.
Source: L. 65: R&RE, p. 1248, � 1. C.R.S. 1963: � 148-18-3. L. 67: p. 52, � 1. L.
69: p. 1198, �� 1, 2. L. 71: pp. 1312, 1319, 1320, �� 3, 1-3. L. 83: (4) amended and (7) added, p. 1416, � 1, effective June 10. L. 98: (5) amended, p. 1074, � 1, effective June 1; (5) and (6) amended, p. 1212, � 3, effective August 5. L. 2001: (7) amended, p. 1279, � 51, effective June 5. L. 2022: Entire section amended, (SB 22-013), ch. 2, p. 84, � 113, effective February 25; (1) amended, (SB 22-162), ch. 469, p. 3410, � 169, effective August 10.
Editor's note: (1) Subsection (5) was amended in Senate Bill 98-15. Those
amendments were superseded by the amendment of subsection (5) in House Bill 98-1151.
(2) Amendments to this section by SB 22-013 and SB 22-162 were
harmonized.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Moderization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 37-90-105
37-90-105. Small capacity wells. (1) The state engineer has the authority to approve permits for the following types of wells and to allow the following types of rooftop precipitation collection systems in designated groundwater basins without regard to any other provisions of this article:
(a) Wells not exceeding fifty gallons per minute and used for no more than
three single-family dwellings, including the normal operations associated with such dwellings but not including the irrigation of more than one acre of land;
(b) Wells not exceeding fifty gallons per minute and used for watering of
livestock on range and pasture;
(c) (I) One well not exceeding fifty gallons per minute and used in one
commercial business.
(II) To qualify as a commercial business under this paragraph (c), the
business shall be:
(A) A business that will be operated by the well owner and that will have its
own books, bank accounts, checking accounts, and separate tax returns;
(B) A business that will use water solely on the land indicated in the permit
for the well and for the purposes stated in such permit;
(C) A business that will maintain its individual assets and will own or lease
the property on which the well is to be located or where the business is operated;
(D) A business that will have its own contractual agreements for operation of
the business;
(E) A business that agrees not to transfer a permit issued under this
paragraph (c) to another entity that also holds a small capacity commercial well permit under this paragraph (c); and
(F) A business that agrees to notify any potential buyer that such buyer shall
notify the state engineer of any change in ownership of such business within sixty days after any such change in ownership.
(d) Wells to be used exclusively for monitoring and observation purposes if
said wells are capped and locked and used only to monitor water levels or for water quality sampling;
(e) Wells to be used exclusively for fire-fighting purposes if said wells are
capped and locked and available for use only in fighting fires; or
(f) (I) Any system or method of collecting precipitation from the roof of a
building that is used primarily as a residence and is not served by, whether or not connected to, a domestic water system that serves more than three single-family dwellings, but only if the use of the water so collected is limited to one or more of the following:
(A) Ordinary household purposes;
(B) Fire protection;
(C) The watering of poultry, domestic animals, and livestock on farms and
ranches; or
(D) The irrigation of not more than one acre of gardens and lawns.
(II) On and after July 1, 2009, any person wishing to use a system or method
of rooftop precipitation capture that meets the requirements of subparagraph (I) of this paragraph (f) shall comply with one of the following provisions:
(A) A person who has a well permit issued or recorded pursuant to this
section and who intends to use a system or method of rooftop precipitation capture that qualifies under subparagraph (I) of this paragraph (f) shall file, on a form prescribed by the state engineer and consistent with this section, a notice and description of the system or method of rooftop precipitation capture to be used in conjunction with the well. No fee shall be charged for the filing of this form.
(B) A person who applies for a new well permit pursuant to paragraph (a) of
this subsection (1) and who intends to use a system or method of rooftop precipitation capture that qualifies under subparagraph (I) of this paragraph (f) shall include on the well permit application a description of the system or method of rooftop precipitation capture to be used in conjunction with the well. An applicant under this sub-subparagraph (B) shall pay the well permit application fee pursuant to sub-subparagraph (C) of subparagraph (I) of paragraph (a) of subsection (3) of this section; however, such applicant shall not be required to pay any additional application fee for the rooftop precipitation collection system.
(C) A person who does not intend to construct and use a well, but would
otherwise be entitled to the issuance of a well permit pursuant to paragraph (a) of this subsection (1), shall submit an application in the form and manner designated by the state engineer for a permit to install and use a system or method of rooftop precipitation capture and pay a fee in an amount to be determined by the state engineer. If the state engineer determines that the proposed system or method of rooftop precipitation capture meets the requirements of this paragraph (f), the state engineer shall issue a permit for the system or method, but not otherwise. The state engineer shall enforce the provisions of the permit in the same manner as the enforcement of any well permit issued pursuant to paragraph (a) of this subsection (1).
(III) A person using or legally entitled to use a well pursuant to paragraph (a)
of this subsection (1) shall be allowed to collect rooftop precipitation pursuant to this paragraph (f) only for use by the same dwellings that are or would be served by the well and subject to all of the limitations on use contained in the well permit or, in the absence of a well permit, the well permit to which the person would be legally entitled, as determined by the state engineer or as otherwise limited by the board of a ground water management district pursuant to subsection (7) of this section.
(2) The state engineer has the authority to adopt rules in accordance with
section 24-4-103, C.R.S., to carry out the provisions of this section. Any party adversely affected or aggrieved by a rule adopted by the state engineer may seek judicial review of such action pursuant to section 24-4-106, C.R.S.
(3) (a) (I) (A) and (B) Repealed.
(C) Effective July 1, 2006, wells of the type described in this section may be
constructed only upon the issuance of a permit in accordance with the provisions of this section. A fee of one hundred dollars shall accompany any application for a new well permit under this section. A fee of sixty dollars shall accompany any application for a replacement well of the type described in subsection (1) of this section.
(II) Notwithstanding the amount specified for any fee in subparagraph (I) of
this paragraph (a), the commission by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commission by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
(b) Beginning on August 5, 1998, the state engineer shall not approve a
permit for a small capacity well with an annual volume of use in excess of five acre-feet, unless the well is located in a ground water management district that has adopted rules that allow an annual volume in excess of five acre-feet. This limitation shall not apply to a replacement permit for a well where the original permit allows an annual volume of use in excess of five acre-feet or to a permit for a well covered by the provisions of subsection (4) of this section where the actual annual volume of use was in excess of five acre-feet.
(c) If the application is made pursuant to this section for a well that will be
located in a subdivision, as defined in section 30-28-101 (10), C.R.S., and approved on or after June 1, 1972, pursuant to article 28 of title 30, C.R.S., for which the water supply plan has not been recommended for approval by the state engineer, the cumulative effect of all such wells in the subdivision shall be considered in determining material injury, and the state engineer shall deny the application if it is determined that the proposed well will cause material injury to existing water rights.
(d) (I) If any person wishes to replace an existing well of the type described
in subsection (1) of this section, such person shall file an application pursuant to this subsection (3) for the construction of a well and shall state in such application such person's intent to abandon the existing well that is to be replaced.
(II) If such a replacement well will not change the amount or type of use of
water that can lawfully be made by means of the existing well, a permit to construct and use the replacement well shall be issued, and the existing well shall be abandoned within ninety days after the completion of the replacement well.
(e) (I) Repealed.
(II) Effective July 1, 2006, wells for which permits have been granted or may
be granted shall be constructed within two years after the permit is issued, which time may be extended for successive years at the discretion of the state engineer for good cause shown.
(4) (a) (I) Repealed.
(II) Effective July 1, 2006, any wells of the type described by this section that
were put to beneficial use prior to May 8, 1972, and any wells that were used exclusively for monitoring and observation purposes prior to August 1, 1988, not of record in the office of the state engineer, may be recorded in that office upon written application, payment of a processing fee of one hundred dollars, and permit approval. The record shall include the date the water is claimed to have been first put to beneficial use.
(b) Any owner of an existing well that was constructed prior to May 8, 1972,
or has a well permit issued prior to January 1, 1996, under the provisions of this section, and that was put to beneficial use for watering livestock in a confined animal-feeding operation prior to January 1, 1996, and has been used for that purpose, may apply by December 31, 1999, to obtain a new permit for that well up to the extent of its beneficial use prior to January 1, 1996, for watering livestock in that commercial business pursuant to paragraph (c) of subsection (1) of this section. Such well shall be in addition to the one commercial business well allowed in paragraph (c) of subsection (1) of this section. Such an application shall include a sixty dollar filing fee and shall provide documentation of the annual volume of water put to beneficial use from the well. The state engineer shall have the authority to determine the adequacy of the submitted information for the purpose of approving completely, approving in part, or denying the application. Permits issued after January 1, 1996, up to August 5, 1998, shall remain valid thereafter according to the terms and conditions of those permits.
(5) The state engineer shall act upon an application filed under this section
within forty-five days after such filing and shall support the ruling with a written statement of the basis therefor.
(6) (a) Any person aggrieved by a decision of the state engineer granting or
denying an application under this section may request a hearing before the state engineer pursuant to section 24-4-104, C.R.S. The state engineer may, in the state engineer's discretion, have such hearings conducted before such agent as it may designate for a ruling in the matter. Any party who seeks to reverse or modify the ruling of the agent of the state engineer may file an appeal to the state engineer pursuant to section 24-4-105, C.R.S.
(b) Any party aggrieved by a final decision of the state engineer granting or
denying an application filed under this section may within thirty days after such decision file a petition for review with the district court in the county in which the well is located. Upon receipt of such petition, the designated groundwater judge for the basin in which the well is located shall conduct such hearings, pursuant to section 24-4-106, C.R.S., as necessary to determine whether or not the decision of the state engineer shall be upheld. In any case in which the state engineer's decision is reversed, the judge shall order the state engineer to grant or deny the application, as such reversal may require, and may specify such terms and conditions as are appropriate.
(7) (a) The board of a ground water management district may adopt rules
that further restrict the issuance of small capacity well permits and use of rooftop precipitation collection systems or graywater treatment works. In addition, the board of a ground water management district may adopt rules that expand the acre-foot limitations for small capacity wells set forth in this section. However, the board of a ground water management district shall not allow an annual volume of more than eighty acre-feet for any small capacity well.
(b) The board may institute its rules only after a public hearing. The board
shall publish notice of the hearing, stating the time and place of the hearing and describing, in general terms, the rules proposed. Within sixty days after the hearing, the board shall announce the rules adopted and shall publish notice of the action. In addition, the board shall mail, within five days after the adoption of the rules, a copy of the rules to the state engineer.
(c) Any party adversely affected or aggrieved by a rule may, not later than
thirty days after the last date of publication, initiate judicial review in accordance with section 24-4-106, C.R.S.; except that venue for judicial review of the rule must be in the district court for the county in which the office of the ground water management district is located.
(8) A person withdrawing water from a well pursuant to paragraph (a) or (c)
of subsection (1) of this section may use graywater through use of a graywater treatment works, as those terms are defined in section 25-8-103 (8.3) and (8.4), C.R.S., in compliance with the requirements of section 25-8-205 (1)(g), C.R.S. Any limitations on use set forth in the well permit apply to the use of graywater.
Source: L. 65: R&RE, p. 1249, � 1. C.R.S. 1963: � 148-18-4. L. 67: p. 276, � 3. L.
71: R&RE, p. 1312, � 2. L. 85: (1)(c) amended, p. 1172, � 1, effective May 31. L. 87: (2) amended and (3) added, p. 1301, � 3, effective July 2. L. 92: (1)(b) and (1)(c) amended and (1)(d) added, p. 2297, � 2, effective March 19. L. 98: (3)(a) amended, p. 1343, � 70, effective June 1; entire section amended, p. 1213, � 4, effective August 5. L. 2003: (3)(a)(I), (3)(e), and (4)(a) amended, p. 43, � 3, effective (see editor's note); (3)(a)(I)(A), (3)(a)(I)(C), (4)(a)(I)(A), and (4)(a)(II) amended, p. 1683, � 14, effective May 14. L. 2009: IP(1), (1)(d), (1)(e), and (7) amended and (1)(f) added, (SB 09-080), ch. 179, p. 789, � 2, effective July 1. L. 2013: (7) amended and (8) added, (HB 13-1044), ch. 228, p. 1090, � 6, effective May 15.
Editor's note: (1) Senate Bill 98-194 was harmonized with House Bill 98-1151
resulting in the renumbering of subsection (2) in Senate Bill 98-194 to subsection (3)(a).
(2) Section 10 of chapter 7, Session Laws of Colorado 2003, provides for an
effective date of March 1, 2003; however, the Governor did not sign the act until March 5, 2003.
(3) Subsection (3)(a)(I)(B) provided for the repeal of subsections (3)(a)(I)(A)
and (3)(a)(I)(B), subsection (3)(e)(I)(B) provided for the repeal of subsection (3)(e)(I), and subsection (4)(a)(I)(B) provided for the repeal of subsection (4)(a)(I), effective July 1, 2006. (See L. 2003, p. 43.)
Cross references: For the legislative declaration contained in the 2003 act
amending subsections (3)(a)(I), (3)(e), and (4)(a), see section 1 of chapter 7, Session Laws of Colorado 2003. For the legislative declaration in the 2013 act amending subsection (7) and adding subsection (8), see section 1 of chapter 228, Session Laws of Colorado 2013.
C.R.S. § 37-90-106
37-90-106. Determination of designated groundwater basins - exception - legislative declaration. (1) (a) The commission shall, from time to time as adequate factual data become available, determine designated groundwater basins and subdivisions thereof by geographic description. If factual data obtained after the designation of a groundwater basin justify, the commission may alter the boundaries or description of that designated groundwater basin by adding lands to the basin. After a determination of a designated groundwater basin becomes final, the commission may alter the boundaries to exclude lands from that basin only if factual data justify the alteration and the alteration would not exclude from the designated groundwater basin any well for which a conditional or final permit to use designated groundwater has been issued. The general assembly hereby finds, determines, and declares that allowing alterations to exclude lands from a designated groundwater basin only under such circumstances as set forth in this paragraph (a) reaffirms, rather than alters, the general assembly's original intent that there be a cut-off date beyond which the legal status of groundwater included in a designated groundwater basin cannot be challenged, and that such cut-off date was intended to be the date of finality for the original designation of the basin. After this cut-off date has passed, any request to exclude wells that are permitted to use designated groundwater from an existing groundwater basin shall constitute an impermissible collateral attack on the original decision to designate the basin.
(a.5) Nothing in Senate Bill 10-052, enacted in 2010, shall affect litigation
brought under this section that is pending on January 1, 2010.
(b) In making such determinations the commission shall make the following
findings:
(I) The name of the aquifer within the proposed designated basin;
(II) The boundaries of each aquifer being considered;
(III) The estimated quantity of water stored in each aquifer;
(IV) The estimated annual rate of recharge;
(V) The estimated use of the groundwater in the area.
(2) If the source is an area of use exceeding fifteen years as defined in
section 37-90-103 (6), the commission shall list those users who have been withdrawing water during the fifteen-year period, the use made of the water, the average annual quantity of water withdrawn, and the year in which the user began to withdraw water.
(3) Before determining or altering the boundaries of a designated
groundwater basin or subdivisions thereof, the state engineer shall prepare and file in his office a map clearly showing all lands included therein, together with a written description thereof sufficient to apprise interested parties of the boundaries of the proposed basin or subdivisions thereof. The commission shall publish the same and hold a hearing thereon. Following such hearing, the commission shall enter an order to either create the proposed designated groundwater basin, to include modification of the proposed boundaries, if any, or dismiss the original proposal, according to the factual information presented or available.
(4) (a) The commission shall not, after May 23, 1983, determine as part of any
designated groundwater basin any groundwater within the Dawson-Arkose, Denver, Arapahoe, or Laramie-Fox Hills formations which was located outside the boundaries of any designated groundwater basin that was in existence on January 1, 1983.
(b) (I) However, the commission may determine as a part of any designated
groundwater basin any groundwater in the Crow Creek drainage area in Weld county, upstream from the confluence of Crow Creek and Little Crow Creek, within the Laramie-Fox Hills formation when the Laramie-Fox Hills formation is not overlaid by the Dawson-Arkose, Denver, or Arapahoe formations.
(II) If, upon receipt by the state engineer of the findings of the Laramie-Fox
Hills study, as authorized by Senate Bill 250, 1985 legislative session, that the upper Crow Creek drainage area in Weld county, upstream from the confluence of Crow Creek and Little Crow Creek, within the Laramie-Fox Hills formation when the Laramie-Fox Hills formation is not overlaid by the Dawson-Arkose, Denver, or Arapahoe formations should not be a designated groundwater basin, this paragraph (b) is repealed.
Source: L. 65: R&RE, p. 1249, � 1. C.R.S. 1963: � 148-18-5. L. 71: pp. 1312, 1318,
�� 4, 17. L. 83: (3) added, p. 1414, � 2, effective May 23. L. 85: (3) amended, p. 1171, � 2, effective July 1. L. 2010: (1)(a) amended and (1)(a.5) added, (SB 10-052), ch. 63, p. 223, � 1, effective August 11.
Editor's note: (1) This section was renumbered on revision in preparation of
the C.R.S. 1973 and again in preparation of the 1990 replacement volume to conform to standard C.R.S. numbering format, resulting in the renumbering of subsection (3), as enacted in House Bill 83-1399 and as amended in House bill 85-1173, to subsection (4).
(2) The upper Crow Creek drainage area is a designated groundwater basin
(see rule 5.2.9 of the ground water commission, 2 CCR 410-1). Therefore, subsection (4)(b) is not repealed.
Cross references: For the authorization by Senate Bill 85-250 as specified in
subsection (4)(b)(II) of this section, see p. 1452 and footnote 70 on p. 1487 of the 1985 general appropriation act, chapter 344, Session Laws of Colorado 1985.
C.R.S. § 37-90-107
37-90-107. Application for use of groundwater - publication of notice - conditional permit - hearing on objections - well permits - rules. (1) Any person desiring to appropriate groundwater for a beneficial use in a designated groundwater basin shall make application to the commission in a form to be prescribed by the commission. The applicant shall specify the particular designated groundwater basin or subdivision thereof from which water is proposed to be appropriated, the beneficial use to which it is proposed to apply such water, the location of the proposed well, the name of the owner of the land on which such well will be located, the estimated average annual amount of water applied for in acre-feet, the estimated maximum pumping rate in gallons per minute, and, if the proposed use is irrigation, the description of the land to be irrigated and the name of the owner thereof, together with such other reasonable information as the commission may designate on the form prescribed. The amount of water applied for shall only be utilized on the land designated on the application. The place of use shall not be changed without first obtaining authorization from the ground water commission.
(2) Upon the filing of such application, a preliminary evaluation shall be
made to determine if the application may be granted. If the application can be given favorable consideration by the ground water commission under existing policies, then, within thirty days, the application shall be published.
(3) After the expiration of the time for filing objections, if no such objections
have been filed, the commission shall, if it finds that the proposed appropriation will not unreasonably impair existing water rights from the same source and will not create unreasonable waste, grant the said application, and the state engineer shall issue a conditional permit to the applicant within forty-five days after the expiration of the time for filing objections or within forty-five days after the hearing provided for in subsection (4) of this section to appropriate all or a part of the waters applied for, subject to such reasonable conditions and limitations as the commission may specify.
(4) If objections have been filed within the time in said notice specified, the
commission shall set a date for a hearing on the application and the objections thereto and shall notify the applicants and the objectors of the time and place. Such hearing shall be held in the designated groundwater basin and within the district, if one exists, in which the proposed well will be located or at such other place as may be designated by the commission for the convenience of, and as agreed to by, the parties involved. If after such hearing it appears that there are no unappropriated waters in the designated source or that the proposed appropriation would unreasonably impair existing water rights from such source or would create unreasonable waste, the application shall be denied; otherwise, it shall be granted in accordance with subsection (3) of this section. The commission shall consider all evidence presented at the hearing and all other matters set forth in this section in determining whether the application should be denied or granted.
(5) In ascertaining whether a proposed use will create unreasonable waste or
unreasonably affect the rights of other appropriators, the commission shall take into consideration the area and geologic conditions, the average annual yield and recharge rate of the appropriate water supply, the priority and quantity of existing claims of all persons to use the water, the proposed method of use, and all other matters appropriate to such questions. With regard to whether a proposed use will impair uses under existing water rights, impairment shall include the unreasonable lowering of the water level, or the unreasonable deterioration of water quality, beyond reasonable economic limits of withdrawal or use. If an application for a well permit cannot otherwise be granted pursuant to this section, a well permit may be issued upon approval by the ground water commission of a replacement plan that meets the requirements of this article and the rules adopted by the commission. A replacement plan shall not be used as a vehicle for avoiding limitations on existing wells, including but not limited to restrictions on change of well location. Therefore, before approving any replacement plan that includes existing wells, the commission shall require independent compliance with all rules governing those existing wells in addition to compliance with any guidelines or rules governing replacement plans.
(5.5) A person withdrawing water from a well pursuant to subsection (3) of
this section may use graywater through use of a graywater treatment works, as those terms are defined in section 25-8-103 (8.3) and (8.4), C.R.S., in compliance with the requirements of section 25-8-205 (1)(g), C.R.S. Any limitations on use set forth in the well permit, or in the provisions of any approved replacement plan, apply to the use of graywater.
(6) (a) (I) A person shall not, in connection with the extraction of sand and
gravel by open mining, as defined in section 34-32.5-103 (15), expose designated groundwater to the atmosphere unless the person has obtained a well permit from the ground water commission. If an application for such a well permit cannot otherwise be granted pursuant to this section, a well permit shall be issued upon approval by the ground water commission of a replacement plan that meets the requirements of this article 90, pursuant to the guidelines or rules adopted by the commission. The well permit and replacement plan may authorize uses of water incidental to open mining for sand and gravel, including processing and washing mined materials; dust suppression; mined land reclamation including temporary irrigation for revegetation; liner or slurry wall construction; production of concrete and other aggregate-based construction materials; dewatering; and mitigation of impacts from mining and dewatering.
(II) Any person who extracted sand and gravel by open mining and exposed
groundwater to the atmosphere after December 31, 1980, shall apply for a well permit pursuant to this section and, if applicable, shall submit a replacement plan prior to July 15, 1990.
(b) If any designated groundwater was exposed to the atmosphere in
connection with the extraction of sand and gravel by open mining as defined in section 34-32-103 (9), C.R.S., prior to January 1, 1981, no such well permit or replacement plan shall be required to replace depletions from evaporation; except that the burden of proving that such designated groundwater was exposed prior to January 1, 1981, shall be upon the party claiming the benefit of this exception.
(c) Any person who has reactivated or reactivates open mining operations
which exposed designated groundwater to the atmosphere but which ceased activity prior to January 1, 1981, shall obtain a well permit and shall apply for approval of a replacement plan or a plan of substitute supply pursuant to paragraph (a) of this subsection (6).
(d) In addition to the well permit filing fee required by section 37-90-116, the
commission shall collect the following fees for exposing groundwater to the atmosphere for the extraction of sand and gravel by open mining:
(I) For persons who exposed groundwater to the atmosphere on or after
January 1, 1981, but prior to July 15, 1989, one thousand five hundred ninety-three dollars; except that, if such plan is filed prior to July 15, 1990, as required by subparagraph (II) of paragraph (a) of this subsection (6), the filing fee shall be seventy dollars if such plan includes ten acres or less of exposed groundwater surface area or three hundred fifty dollars if such plan includes more than ten acres of exposed groundwater surface area;
(II) For persons who expose groundwater to the atmosphere on or after July
15, 1989, one thousand five hundred ninety-three dollars regardless of the number of acres exposed. In the case of new mining operations, such fee shall cover two years of operation of the plan.
(III) For persons who reactivated or who reactivate mining operations that
ceased activity prior to January 1, 1981, and who enlarge the surface area of any gravel pit lake beyond the area it covered before the cessation of activity, one thousand five hundred ninety-three dollars;
(IV) For persons who request renewal of an approved substitute water
supply plan prior to the expiration date of the plan, two hundred fifty-seven dollars regardless of the number of acres exposed;
(V) For persons whose approved substitute water supply plan has expired
and who submit a subsequent plan, one thousand five hundred ninety-three dollars regardless of the number of acres exposed. An approved plan shall be considered expired if the applicant has not applied for renewal before the expiration date of the plan. The state engineer shall notify the applicant in writing if the plan is considered expired.
(VI) For persons whose proposed substitute water supply plan was
disapproved and who submit a subsequent plan, one thousand five hundred ninety-three dollars regardless of the number of acres exposed. The state engineer shall notify the applicant in writing of disapproval of a plan.
(e) Excluding the well permit filing fee required by section 37-90-116 (2), the
state treasurer shall credit all fees collected with a replacement plan to the water resources cash fund created in section 37-80-111.7 (1).
(f) A person who has obtained a reclamation permit pursuant to section 34-32-112, C.R.S., shall be allowed to apply for a single well permit and to submit a
single replacement plan for the entire acreage covered by the reclamation plan without regard to the number of gravel pit lakes located within such acreage.
(g) Notwithstanding the amount specified for any fee in paragraph (d) of this
subsection (6), the commission by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commission by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
(7) (a) The commission shall allocate, upon the basis of the ownership of the
overlying land, any designated groundwater contained in bedrock aquifers. Permits issued pursuant to this subsection (7) must allow withdrawals on the basis of an aquifer life of one hundred years. The commission shall adopt the necessary rules to carry out this subsection (7).
(b) Any right to the use of groundwater entitling its owner or user to
construct a well, which right was initiated prior to November 19, 1973, as evidenced by a current decree, well registration statement, or an unexpired well permit issued prior to November 19, 1973, shall not be subject to the provisions of paragraph (a) of this subsection (7).
(c) (I) (A) and (B) Repealed.
(C) Rights to designated groundwater in bedrock aquifers to be allocated
pursuant to subsection (7)(a) of this section must be determined in accordance with this section. A person desiring to obtain such a determination shall make application to the commission in a form to be prescribed by the commission. A fee of sixty dollars shall be submitted with the application for each aquifer, which sum shall not be refunded. The application must also include a request for approval of a replacement plan if one is required under commission rules to replace any depletions caused due to withdrawal of groundwater from bedrock aquifers.
(II) The publication and hearing requirements of this section shall also apply
to an application for determination of water rights pursuant to this subsection (7).
(III) Any such commission approved determination shall be considered a final
determination of the amount of groundwater so determined; except that the commission shall retain jurisdiction for subsequent adjustment of such amount to conform to the actual local aquifer characteristics from adequate information obtained from well drilling or test holes.
(d) (I) (A) and (B) Repealed.
(C) A person desiring a permit for a well to withdraw groundwater for a
beneficial use from a bedrock aquifer shall make application to the commission on a form to be prescribed by the commission. A fee of one hundred dollars shall be submitted with the application, which sum shall not be refunded.
(II) A well permit shall not be granted unless a determination of groundwater
to be withdrawn by the well has been made pursuant to paragraph (c) of this subsection (7).
(III) The application for a well permit must also include a replacement plan if
one is required under commission rules to replace any depletions caused due to withdrawal of groundwater from a bedrock aquifer and the required plan has not been approved pursuant to subsection (7)(c) of this section. The publication and hearing requirements of this section apply to an application for such a replacement plan.
(IV) The annual amount of withdrawal allowed in any well permits issued
under this subsection (7) shall be less than or equal to the amount determined pursuant to paragraph (c) of this subsection (7) and may, if so provided by any such determination, provide for the subsequent adjustment of such amount to conform to the actual aquifer characteristics encountered upon drilling of the well or test holes.
(8) The commission shall have the exclusive authority to issue or deny well
permits under this section. The commission shall consider any recommendation by ground water management districts concerning well permit applications under this section.
Source: L. 65: R&RE, p. 1250, � 1. C.R.S. 1963: � 148-18-6. L. 71: p. 1313, � 5. L.
79: (4) amended, p. 1371, � 1, effective June 7. L. 87: (3) amended, p. 1301, � 4, effective July 2. L. 89: (6) added, p. 1424, � 3, effective July 15. L. 93: (6)(c) and (6)(d) amended, p. 1832, � 2, effective June 6. L. 98: (6)(g) added, p. 1343, � 71, effective June 1; (5) amended and (7) and (8) added, p. 1216, � 5, effective August 5. L. 2003: (7)(c)(I) and (7)(d)(I) amended, p. 44, � 4, effective (see editor's note); (7)(d)(I)(A) and (7)(d)(I)(C) amended, p. 1683, � 15, effective May 14. L. 2006: (6)(d) amended, p. 1270, � 1, effective July 1. L. 2012: (6)(e) amended, (SB 12-009), ch. 197, p. 792, � 7, effective July 1. L. 2013: (5.5) added, (HB 13-1044), ch. 228, p. 1090, � 7, effective May 15. L. 2018: (6)(a)(I) amended, (SB 18-041), ch. 9, p. 157, � 1, effective August 8. L. 2025: (7)(a), (7)(c)(I)(C), (7)(d)(I)(C), and (7)(d)(III) amended, (HB 25-1014), ch. 388, p. 2184, � 3, effective August 6.
Editor's note: (1) Section 10 of chapter 7, Session Laws of Colorado 2003,
provides for an effective date of March 1, 2003; however, the Governor did not sign the act until March 5, 2003.
(2) Subsection (7)(c)(I)(B) provided for the repeal of subsections (7)(c)(I)(A)
and (7)(c)(I)(B) and subsection (7)(d)(I)(B) provided for the repeal of subsections (7)(d)(I)(A) and (7)(d)(I)(B), effective July 1, 2006. (See L. 2003, p. 44.)
(3) Section 9(2) of chapter 388 (HB 25-1014), Session Laws of Colorado
2025, provides that the act changing this section applies to well permit applications that are pending before, on, or after August 6, 2025, and to valid well permits in existence before, on, or after August 6, 2025.
Cross references: For the legislative declaration contained in the 2003 act
amending subsections (7)(c)(I) and (7)(d)(I), see section 1 of chapter 7, Session Laws of Colorado 2003. For the legislative declaration in the 2013 act adding subsection (5.5), see section 1 of chapter 228, Session Laws of Colorado 2013.
C.R.S. § 37-90-108
37-90-108. Final permit - evidence of well construction and beneficial use - limitations - rules. (1) (a) After having received a conditional permit to appropriate designated groundwater, a permit holder, within two years after the date of the issuance of the permit, shall construct the well or other works necessary to apply the water to a beneficial use.
(b) The permit holder, upon completion of the well, shall furnish information
to the commission, in the form and within the time frame prescribed by the commission by rule, as to the depth of the well, the water-bearing formations intercepted by the well, and the maximum sustained pumping rate in gallons per minute.
(c) If the well described in the conditional permit is not constructed within
two years after the date of the issuance of the conditional permit as provided in this subsection (1), the conditional permit expires and has no force or effect. If evidence that the well has been constructed within two years after the date that the permit was issued has not been furnished to the commission within the time frame prescribed by the commission by rule, the conditional permit expires. The commission shall notify the permit holder and, if applicable, the contractor listed on the permit application that the permit is expired.
(d) The commission may reinstate an expired conditional permit if the
commission receives satisfactory evidence that the well was constructed within two years after the date that the conditional permit was issued, accompanied by a filing fee of thirty dollars. The commission shall consider records of the commission and evidence provided to the commission in determining whether the conditional permit should be reinstated.
(e) Subsection (1)(d) of this section does not apply to a permit that was
formally expired through an order issued prior to September 1, 2025, or due to lack of evidence that water was placed to beneficial use.
(2) (a) If the well or wells described in a conditional permit have been
constructed in compliance with subsection (1) of this section, the permit holder, within three years after the date of the issuance of the permit, shall furnish by sworn affidavit, in the form prescribed by the commission, evidence that water from the well or wells has been put to beneficial use; except that this subsection (2)(a) does not apply to a well described in a conditional permit to withdraw designated groundwater from a bedrock aquifer.
(b) The affidavit is prima facie evidence of the matters contained in the
affidavit but is subject to objection by others, including ground water management districts, claiming to be injured thereby and to such verification and inquiry as the commission considers appropriate in each particular case.
(c) If the required affidavit is not furnished to the commission within the time
and as provided in this subsection (2), the conditional permit expires and has no force or effect except as provided in subsection (4) of this section.
(d) If the well described in a conditional permit issued to withdraw
designated groundwater from a bedrock aquifer has been constructed in compliance with subsection (1) of this section, the permit holder shall file a notice with the commission of commencement of beneficial use on a form prescribed by the commission within thirty-five days after the first beneficial use of any water withdrawn from the well.
(3) (a) (I) To the extent that the commission finds that water has been put to
a beneficial use and that the other terms of the conditional permit have been complied with and after publication of the information required in the final permit, as provided in section 37-90-112, the commission shall order the state engineer to issue a final permit to use designated groundwater, containing the limitations and conditions the commission deems necessary to prevent waste and to protect the rights of other appropriators. In determining the extent of beneficial use for the purpose of issuing final permits, the commission may use the same criteria for determining the amount of water used on each acre that has been irrigated that is used in evaluating the amount of water available for appropriation under section 37-90-107. This subsection (3)(a)(I) does not apply to a well described in a conditional permit issued to withdraw designated groundwater from a bedrock aquifer.
(II) A final permit is not required to be issued for a well described in a
conditional permit to withdraw designated groundwater from a bedrock aquifer. For such a well, a conditional permit, subject to the conditions of issuance of the permit, is considered a final determination of a well's water right if the well is in compliance with all other applicable requirements of this article 90.
(b) In determining the extent of beneficial use prior to the issuance of a final
permit, the commission may either increase or decrease the quantity of water and the amount of irrigated acreage, if any, according to the evidence presented to the commission, but no increase shall be permitted which will increase the quantity of water beyond that authorized by the original decree, conditional permit, registration statement, or other well permit issued prior to basin designation or which otherwise will unreasonably affect the rights of other appropriators.
(c) Any owner of an existing valid conditional permit issued before July 1,
1978, may file with the commission an amended statement of beneficial use, in the form prescribed by the commission, on or before December 31, 1979, and not thereafter, if any such change occurred and was approved on or before August 5, 1977.
(4) The procedural requirement that a statement of beneficial use be filed
applies to all permits wherein the water has been put to beneficial use since May 17, 1965. If evidence that water has been placed to beneficial use has not been received as of three years after the date of issuance of the conditional permit, the commission shall notify the permit holder by certified mail. In the notice, the commission shall give the permit holder the opportunity to submit proof that the water was put to beneficial use prior to three years after the date of issuance of the conditional permit. If information pertaining to completion of the well as required in subsection (1) of this section has not been received, the commission shall, in the notice, give the permit holder the opportunity to submit proof of well completion along with the statement of beneficial use. The proof must be received by the commission within twenty-one days after receipt of the notice by the permit holder, and, if the conditional permit was issued on or after July 14, 1975, the statement of beneficial use must be accompanied by a filing fee of thirty dollars. If the commission finds the proof to be satisfactory, the conditional permit remains in force and effect and may be reinstated pursuant to subsection (1)(d) of this section. If a response to the notice is not received or the proof is unsatisfactory, the conditional permit expires and cannot be reinstated. The commission shall consider any records of the commission and any evidence provided to the commission and all other matters set forth in this section in determining whether the conditional permit should remain in force and effect.
(5) (a) All final permits must set forth the following information as a
minimum:
(I) The priority date;
(II) The name of the claimant;
(III) The quarter-quarter in which the well is located;
(IV) The maximum annual volume of the appropriation in acre-feet per year;
(V) The maximum pumping rate in gallons per minute; and
(VI) The maximum number of acres that have been irrigated, if used for
irrigation.
(b) Notwithstanding any rule of law to the contrary other than a change of
use case under section 37-90-111 (1)(g), once the state engineer issues a final permit for the withdrawal of designated groundwater pursuant to this section, a reduction in the amount of water used pursuant to the permit due to the conservation of water is not grounds to reduce:
(I) The maximum annual volume of the appropriation in acre-feet per year;
(II) The maximum pumping rate in gallons per minute; or
(III) The maximum number of acres that have been irrigated, if used for
irrigation.
(6) The procedural requirement that the well completion information
required by subsection (1)(b) of this section be furnished to the commission applies to all permits issued after May 17, 1965.
(7) Notwithstanding the amount specified for any fee in this section, the
commission by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commission by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
Source: L. 65: R&RE, p. 1251, � 1. C.R.S. 1963: � 148-18-7. L. 71: p. 1314, � 6. L.
75: (3) amended and (4) added, p. 1394, � 1, effective July 14. L. 79: (1) to (3) R&RE, p. 1371, � 2, effective June 7. L. 85: (1)(c), (3)(a), (3)(b), and (4) amended and (5) and (6) added, p. 1172, � 2, effective May 31. L. 86: (6) amended, p. 1221, � 34, effective May 30. L. 92: (4), (5)(c), and (6) amended, p. 2298, � 3, effective March 19. L. 94: (1)(c) and (2)(a) amended and (2)(d) added, p. 1746, � 1, effective July 1. L. 98: (7) added, p. 1344, � 72, effective June 1; (2)(a), (2)(d), (3)(a), (4), and (6) amended, p. 1218, � 7, effective August 5. L. 2013: (2)(a), (2)(d), and (3)(a) amended, (SB 13-072), ch. 30, p. 73, � 1, effective August 7; (5) amended, (SB 13-075), ch. 35, p. 101, � 1, effective August 7. L. 2025: (1), (2), (3)(a), (4), and (6) amended, (HB 25-1014), ch. 388, p. 2180, � 1, effective August 6.
Editor's note: (1) Section 2 of chapter 30, Session Laws of Colorado 2013,
provides that the act amending subsections (2)(a), (2)(d), and (3)(a) applies to permits issued for designated groundwater from the Dawson, Denver, Arapahoe, or Laramie-Fox Hills aquifers before, on, or after August 7, 2013.
(2) Section 9(2) of chapter 388 (HB 25-1014), Session Laws of Colorado
2025, provides that the act changing this section applies to well permit applications that are pending before, on, or after August 6, 2025, and to valid well permits in existence before, on, or after August 6, 2025.
C.R.S. § 37-90-109
37-90-109. Priority - discontinuance orders - grounds. (1) Priority of claims for the appropriation of designated groundwater shall be determined by the doctrine of prior appropriation. All claims based on actual taking of designated groundwater for beneficial use prior to May 17, 1965, shall be determined by the doctrine of prior appropriation and shall relate back to the date of placing designated groundwater to beneficial use. All claims for the beneficial use of designated groundwater initiated after May 17, 1965, shall relate back to the date of filing of an application with the commission, unless such application is rejected.
(2) In order to establish priority of a claim to appropriate designated
groundwater which has existed prior to May 17, 1965, a priority date shall be awarded to each well based upon the time the water was first applied to a beneficial use. The date shown in the records now filed in the state engineer's office shall be prima facie evidence of the date the water was first applied to beneficial use. All wells constructed as replacements for or as supplements to original wells for the same beneficial use shall be considered as a unit and awarded a priority date of the earliest well.
(3) As soon as practical after the establishment of a designated
groundwater basin, the commission shall establish tentative priority dates for the respective wells within such designated groundwater basin, or subdivisions thereof, in accordance with the information contained in its files. The commission may require such additional information from the well claimant as will permit it to make a proper determination of the priority date and may request such other information as is required to be set forth in a final permit pursuant to section 37-90-108 (5). If the claimant fails or refuses to furnish the requested information within a period of thirty days, the commission may proceed to make a determination from the records available.
(4) After establishing the proposed priority date and after receiving the
information required by section 37-90-108 (5) for the final permit on claims for the beneficial use of designated groundwater, the commission shall order the state engineer to issue a final permit to appropriate designated groundwater in the manner and pursuant to the standards set forth in section 37-90-108 for final permits; except that a final permit is not required to be issued for a well described in a conditional permit issued on or after July 1, 1991, to withdraw designated groundwater from a bedrock aquifer and except that this section does not apply to any final priority lists established by the commission prior to January 1, 1985, and any final permits issued pursuant to said lists.
(5) and (6) Repealed.
Source: L. 65: R&RE, p. 1252, � 1. C.R.S. 1963: � 148-18-8. L. 71: p. 1314, � 7. L.
79: (4) R&RE, p. 1373, � 3, effective June 7. L. 85: (2) and(3) amended, (4) R&RE, and (5) and (6) repealed, pp. 1174, 1175, 1178, �� 3, 4, 14, effective May 31. L. 98: (4) amended, p. 1220, � 8, effective August 5. L. 2025: (4) amended, (HB 25-1014), ch. 388, p. 2185, � 4, effective August 6.
Editor's note: Section 9(2) of chapter 388 (HB 25-1014), Session Laws of
Colorado 2025, provides that the act changing this section applies to well permit applications that are pending before, on, or after August 6, 2025, and to valid well permits in existence before, on, or after August 6, 2025.
C.R.S. § 37-90-110
37-90-110. Powers of the state engineer. (1) In the administration and enforcement of this article and in the effectuation of the policy of this state to conserve its groundwater resources and for the protection of vested rights, the state engineer, either in the state engineer's own capacity or as the executive director of the commission, is empowered:
(a) To require all flowing wells to be equipped with valves so that the flow of
water can be controlled;
(b) To require both flowing and nonflowing wells to be so constructed and
maintained as to prevent the waste of groundwaters through leaky wells, casings, pipes, fittings, valves, or pumps, either above or below the land surface;
(c) To go upon all lands, both public and private, for the purpose of
inspecting wells, pumps, casings, pipes, fittings, and measuring devices, including wells used or claimed to be used for domestic or stock purposes;
(d) To order the cessation of the use of a well pending the correction of any
defect that the state engineer has ordered corrected;
(e) To commence actions to enjoin the illegal opening or excavation of wells
or withdrawal or use of water therefrom and to appear and become a party to any action or proceeding pending in any court or administrative agency when it appears that the determination of such action or proceeding might result in depletion of the groundwater resources of the state contrary to the public policy expressed in this article or might injure vested rights of other appropriators;
(f) To take such action as may be required to enforce compliance with any
regulation, control, or order promulgated pursuant to the provisions of this article;
(g) To issue to the owners or users of wells pumping designated
groundwater in the state such orders as are necessary to implement the provisions of this section and section 37-90-111. In addition to any other method of giving notice, the mailing of the order in a certified letter to the well owner or operator, together with the posting of a written order, in plain sight, at the well head, shall be considered sufficient notice of the order of the state engineer, and, when so posted, the order shall be effective from the time of posting.
(h) To administer the movement of water involved in any commission-issued
replacement plan or plan for augmentation involving designated groundwater. In such administration, the state engineer shall issue such orders as are necessary and appropriate.
(i) To order any person supplying energy used to pump designated
groundwater to provide, at reasonable times, records of energy used to pump groundwater. The state engineer may exercise this authority only in connection with an alleged violation of this article. Suppliers of energy used to pump groundwater shall not be required to maintain records of energy used to pump groundwater more than five years after the year in which the energy is consumed. Suppliers of energy used to pump groundwater shall be held harmless from any and all civil or criminal liability with respect to the transfer of records pursuant to this section. Nothing contained in this paragraph (i) shall affect any reporting requirements of the public utilities commission pursuant to section 40-3-110, C.R.S. This paragraph (i) shall not apply to any person diverting by means of a well described in section 37-90-105 (1)(a).
Source: L. 65: R&RE, p. 1253, � 1. C.R.S. 1963: � 148-18-9. L. 71: p. 1318, � 17.
L. 94: IP(1) and (1)(f) amended, p. 1747, � 2, effective July 1. L. 2004: IP(1) amended and (1)(g), (1)(h), and (1)(i) added, p. 1164, � 1, effective May 27.
Cross references: For general duties of the state engineer, see � 37-80-102.
C.R.S. § 37-90-111.5
37-90-111.5. Well enforcement - injunction - fines. (1) (a) If an order of the ground water management district, commission, or state engineer issued pursuant to section 37-90-105, 37-90-107, 37-90-108, 37-90-110, or 37-90-130 (4) in relation to designated groundwater or pursuant to section 37-90-111 is not complied with, a ground water management district in its own name or the commission or state engineer in the name of the people of the state of Colorado, through the attorney general, shall apply to the district court in the county in which the water right or well is situated:
(I) For an injunction enjoining the person to whom such order was directed
from continuing to violate the order. The term injunction includes a temporary restraining order and mandatory relief.
(II) To recover the civil penalties specified in paragraph (a) of subsection (5)
of this section.
(b) In the proceeding, the prevailing party shall be entitled to the costs of the
proceeding and reasonable attorney fees.
(2) In the case of an order with respect to the withdrawal of designated
groundwater, the designated groundwater judge in ruling upon such injunction shall consider, depending on the basis for the order, whether the designated groundwater is being applied to a beneficial use, whether the withdrawal is causing or will cause injury to persons or entities owning or entitled to use water under vested water rights, and whether the withdrawal of designated groundwater is in violation of the statute; the rules adopted by the ground water management district, commission, or state engineer; or the well permit's terms and conditions. The commission, state engineer, and district shall coordinate enforcement actions to ensure that multiple actions are not filed with regard to the same violation or failure to comply.
(3) Any person who has an interest in the subject matter of such proceedings
may intervene, if such intervention is timely and will not cause undue delay.
(4) In the case of a violation of an injunction issued under this section, the
designated groundwater judge shall try and punish the offender for contempt of court. Such proceedings shall be in addition to, and not in lieu of, any other penalties and remedies, public or private, provided by law.
(5) (a) (I) Any person who diverts designated groundwater contrary to a valid
order of the commission or state engineer issued pursuant to section 37-90-105, 37-90-107, 37-90-108, 37-90-110, or 37-90-111, or in violation of rules adopted by the commission or state engineer shall forfeit and pay a sum not to exceed five hundred dollars for each day such violation continues.
(II) Any person who, when required to do so by rules adopted by the ground
water management district, commission, or state engineer, fails to submit data as to the amounts of designated groundwater pumped from a well, makes a false or fictitious report of the amounts of designated groundwater pumped from a well, falsifies any data as to amounts pumped from a well, makes a false or fictitious report of a power coefficient for a well, or falsifies any power coefficient test shall forfeit and pay a sum not to exceed five hundred dollars for each violation; except that this subparagraph (II) does not apply to an order issued pursuant to section 37-90-110 (1)(i).
(III) It is unlawful for any person not authorized by the well owner,
commission, or state engineer to willfully interfere with any power meter, totalizing flow meter, or other device used to measure designated groundwater diversions. Any person who willfully damages a power meter, totalizing flow meter, or other device used to measure designated groundwater diversions or who tampers with or falsifies any record made or being made by any such power meter, totalizing flow meter, or other device shall forfeit and pay a sum not to exceed five hundred dollars for each violation.
(IV) This paragraph (a) shall not apply to any person diverting by means of a
well described in section 37-90-105 (1)(a).
(b) The state engineer shall transmit all fines collected for violations of
paragraph (a) of this subsection (5) to the state treasurer, who shall deposit them in the water resources cash fund created in section 37-80-111.7 (1); except that a ground water management district shall collect and retain the fines for a violation of an order or rule of the ground water management district.
(6) Any person required by a valid order of the ground water management
district, commission, or state engineer, or by existing rules of the ground water management district, commission, or state engineer, to cease diversions of designated groundwater or replace depletions caused by diversions of designated groundwater, and whose failure to adhere to the order or rule results in the violation of an interstate compact, is liable for all direct, actual, and necessary expenses incurred by the state of Colorado in performing any action, including the purchase of water or payment of damages, necessary for the state of Colorado to remedy the violation of such compact. The ground water management district in its own name or the commission or state engineer in the name of the people of the state of Colorado, through the attorney general, shall apply to the district court in the county in which the water right or well is situated to recover such expenses. If the ground water management district, commission, or state engineer prevails, the court shall also award the costs of the proceeding and reasonable attorney fees.
Source: L. 2004: Entire section added, p. 1165, � 2, effective May 27. L. 2012:
(5)(b) amended, (SB 12-009), ch. 197, p. 792, � 5, effective July 1. L. 2014: IP(1)(a), (2), (5)(a)(II), (5)(b), and (6) amended, (HB 14-1052), ch. 56, p. 255, � 2, effective March 21.
C.R.S. § 37-90-114
37-90-114. Other administrative hearings. Any person claiming to be injured within the boundaries of a designated groundwater basin by any act of the state engineer or commission under the provisions of this article, or the failure of the state engineer or commission to take any action under the provisions of this article, except as provided for the small capacity wells in section 37-90-105, shall file a written petition with the commission stating the basis of the alleged injury. Thereafter, only upon request by a petitioner and upon thirty-five days' written notice to any adverse party, the commission shall conduct a hearing upon the petition in the manner provided in section 37-90-113. If notice of any such act has been published pursuant to section 37-90-112 and no hearing has been requested pursuant to such notice, this section shall not be construed to create a subsequent or additional right to request a hearing concerning such act.
Source: L. 65: R&RE, p. 1256, � 1. C.R.S. 1963: � 148-18-13. L. 71: p. 1316, � 11.
L. 85: Entire section amended, p. 1176, � 6, effective May 31. L. 98: Entire section amended, p. 1221, � 11, effective August 5. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 883, � 152, effective July 1.
C.R.S. § 37-90-115
37-90-115. Judicial review of actions of the ground water commission or the state engineer. (1) (a) Any party, including a ground water management district, adversely affected or aggrieved by any decision or act of the ground water commission, except for the adoption of rules, under the provisions of this article or by a decision or act of the state engineer under section 37-90-110 may take an appeal to the district court in the county wherein the water rights or wells involved are situated.
(b) (I) The notice of such appeal shall be served by the appellant upon the
state engineer or the commission and all interested parties within thirty-five days after the notice of such decision or act and, unless such appeal is taken within said time, the action of the state engineer or the commission shall be final and conclusive. For purposes of service only, all interested parties shall be limited to those parties which appeared at, and were granted party status in, any administrative hearing held by the commission or state engineer concerning the decision or act from which the appeal is taken. If no administrative hearing has been held, notice of such appeal shall be given by publication pursuant to section 37-90-112.
(II) Notice of such appeal, proof of service, and docketing of the appeal in the
district court shall be accomplished in the same manner as any other civil suit originally commenced in the district courts of this state. Costs shall be charged to the appellant as in any other civil suit.
(III) A district court shall review the commission's or state engineer's
decision or action de novo, considering only evidence that was taken in the administrative proceeding appealed from and included in the record. The district court shall consider evidence in its determination of the matter if the evidence:
(A) Was wrongly excluded at the administrative proceeding; or
(B) Existed at the time of the administrative proceeding but was discovered
after the administrative proceeding and, in the exercise of good faith and reasonable diligence, could not have been made available and offered at the administrative proceeding.
(IV) It is the duty of the commission or the state engineer, upon being served
with a notice of appeal pursuant to this section, to transmit to the district court to which the appeal is taken the papers, maps, plats, field notes, orders, decisions, and other available data affecting the matter in controversy or certified copies thereof, which certified copies shall be admitted in evidence as of equal validity with the originals.
(V) For the purpose of maximizing continuity in the disposition of designated
groundwater cases, on or before January 10 of each year, the supreme court shall designate or redesignate a designated groundwater judge for each designated groundwater basin, who shall be selected from a judicial district within which some part of that designated groundwater basin lies, and any vacancy that occurs during such year shall be filled by designation of the supreme court. The services of each designated groundwater judge shall be in addition to such judge's regular duties as a district judge but shall take priority over such regular duties, and the schedules of the district judges in each such judicial district shall be arranged and adjusted so that the designated groundwater judge shall be free to hear designated groundwater cases. All cases relating to designated groundwater which are filed in each judicial district shall be assigned to the designated groundwater judge, and all proceedings regarding said cases shall be heard by the designated groundwater judge. If it becomes necessary during any year for the proper handling of designated groundwater cases in any judicial district, the supreme court shall designate one or more additional designated groundwater judges from that judicial district or may make temporary assignments of other judges to hear such cases.
(2) Any party adversely affected or aggrieved by a rule adopted by the
ground water commission may take an appeal pursuant to section 24-4-106, C.R.S.
Source: L. 65: R&RE, p. 1256, � 1. C.R.S. 1963: � 148-18-14. L. 79: Entire
section R&RE, p. 1374, � 7, effective June 7. L. 83: Entire section R&RE, p. 1416, � 2, effective June 10. L. 85: (2) amended and (6) added, p. 1176, � 7, effective May 31. L. 94: Entire section amended, p. 1747, � 4, effective July 1. L. 2012: (1)(b)(I) amended, (SB 12-175), ch. 208, p. 883, � 153, effective July 1. L. 2017: (1)(b)(III) amended, (SB 17-036), ch. 140, p. 468, � 2, effective August 9.
C.R.S. § 37-90-116
37-90-116. Fees. (1) The state engineer or the commission shall collect the following fees:
(a) (I) Repealed.
(II) Effective July 1, 2006, with an application for the use of groundwater, one
hundred dollars, which sum shall not be refunded.
(b) Repealed.
(c) (I) Repealed.
(II) Effective July 1, 2006, for issuing a permit to modify or replace an existing
well, one hundred dollars.
(d) For making a copy of a document filed in his office, fifty cents per page or
fraction thereof;
(e) For certifying copies of documents, records, or maps, two dollars for each
certification;
(f) The actual expenses of publication, if any is required, which sums shall be
promptly billed to the applicant and paid prior to the approval of any permit or other application, unless the commission requires the applicant to pay these expenses directly to the newspaper, and the applicant provides a proof of such payment to the commission. All fees for publication expenses collected by the state engineer or by the commission shall be transmitted to the state treasurer, who shall credit them to the water resources cash fund created in section 37-80-111.7 (1).
(g) With an objection to an application for the use of groundwater, ten
dollars, which sum shall not be refunded;
(h) (I) Repealed.
(II) Effective July 1, 2006, with an application for any change in a well permit,
whether conditional or final, submitted pursuant to section 37-90-111 (1)(g), one hundred dollars, which sum shall not be refunded.
(i) (I) Repealed.
(II) Effective July 1, 2006, with a request to extend the expiration date on a
well permit, other than a well permit issued pursuant to section 37-90-105, sixty dollars.
(2) Departments and agencies of the state of Colorado that own and operate
wells on state land are exempt from the payment of fees for applications for the use of groundwater or for a permit to construct a well.
(3) Notwithstanding the amount specified for any fee in subsection (1) of this
section, the commission by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commission by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
Source: L. 65: R&RE, p. 1256, � 1. C.R.S. 1963: � 148-18-15. L. 69: p. 1199, � 1.
L. 71: p. 1316, � 12. L. 85: IP(1) and (1)(f) amended and (1)(b) repealed, pp. 1177, 1178, �� 8, 14, effective May 31. L. 87: (1)(a), (1)(c), and (1)(h) amended, p. 1301, � 5, effective July 2. L. 98: (3) added, p. 1344, � 73, effective June 1; (1)(f) amended and (1)(i) added, p. 1222, � 12, effective August 5. L. 2003: (1)(a), (1)(c), (1)(h), and (1)(i) amended, p. 45, � 5, effective (see editor's note); (1)(a)(I)(A), (1)(a)(II), (1)(c)(I)(A), (1)(c)(II), (1)(h)(I)(A), and (1)(h)(II) amended, p. 1684, � 16, effective May 14. L. 2012: (1)(f) amended, (SB 12-009), ch. 197, p. 791, � 3, effective July 1. L. 2017: (2) amended, (SB 17-026), ch. 47, p. 147, � 15, effective August 9.
Editor's note: (1) Section 10 of chapter 7, Session Laws of Colorado 2003,
provides for an effective date of March 1, 2003; however, the Governor did not sign the act until March 5, 2003.
(2) Subsection (1)(a)(I)(B) provided for the repeal of subsection (1)(a)(I),
subsection (1)(c)(I)(B) provided for the repeal of subsection (1)(c)(I), subsection (1)(h)(I)(B) provided for the repeal of subsection (1)(h)(I), and subsection (1)(i)(I)(B) provided for the repeal of subsection (1)(i)(I), effective July 1, 2006. (See L. 2003, p. 45.)
Cross references: For the legislative declaration contained in the 2003 act
amending subsections (1)(a), (1)(c), (1)(h), and (1)(i), see section 1 of chapter 7, Session Laws of Colorado 2003.
C.R.S. § 37-90-117
37-90-117. Water conservation board - duties. The Colorado water conservation board has the power, and it is its duty, to investigate and determine the nature and extent of the groundwater resources of the state of Colorado. It is also the duty of said board to study and determine the effect, if any, of the withdrawal of groundwater upon aquifer supply and upon the surface flow of streams, and the information obtained thereby shall be made available to the state engineer and the ground water commission and any designated ground water management district. Nothing in this section shall be construed as impairing the authority of the state engineer, the ground water commission, or any ground water management district to make such investigation as it may find necessary or desirable to enable it to perform its duties under this article.
Source: L. 65: R&RE, p. 1257, � 1. C.R.S. 1963: � 148-18-16.
Cross references: For other duties of the Colorado water conservation board,
see � 37-60-106.
C.R.S. § 37-90-126
37-90-126. Management district - directors - qualifications - oath or affirmation - bond - vacancies. The members of the board of directors shall meet the qualifications established in section 37-90-121 (1)(b). Each member of the board shall take an oath or affirmation in accordance with section 24-12-101, shall give bond in the sum of five thousand dollars conditioned that he or she shall faithfully perform the duties of director and of such further office to which he or she may be elected in such district, and shall account for all funds or property coming into his or her hands as such director or other officer. Such bonds shall run to the district, shall be signed by a surety approved by the ground water commission, and shall be filed and recorded in the office of the state engineer. When such bond is so filed and approved, such person so elected shall take and hold office until his or her successor is elected and qualified. When a vacancy occurs on the board, such vacancy shall be filled by the remaining members of the board.
Source: L. 65: R&RE, p. 1260, � 1. C.R.S. 1963: � 148-18-25. L. 67: p. 277, � 8.
L. 2009: Entire section amended, (HB 09-1159), ch. 43, p. 164, � 2, effective August 5. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 703, � 44, effective August 8.
Cross references: For the legislative declaration in HB 18-1138, see section 1
of chapter 88, Session Laws of Colorado 2018.
C.R.S. § 37-90-130
37-90-130. Management districts - board of directors - enforcement. (1) The district board has the duty and responsibility of consulting with the commission on all groundwater matters affecting the district to determine whether proposed restrictions or regulations are suitable for such area, to determine in conjunction with the commission whether the area of the district should be enlarged or contracted, to cooperate with the commission and the state engineer in the assembling of data on the groundwater aquifers in the area and the enforcement of regulations or restrictions which may be imposed thereon, and to assist the commission and the state engineer to the end of conserving the groundwater supplies of the area for the maximum beneficial use thereof.
(2) After the issuance of any well permit for the use of groundwater within
the district by the ground water commission as provided in sections 37-90-107 and 37-90-108, the district board has the authority to regulate the use, control, and conservation of the groundwater of the district covered by such permit by any one or more of the following methods, but the proposed controls, regulations, or conservation measures shall be subject to review and final approval by the ground water commission if objection is made in accordance with section 37-90-131:
(a) To provide for the spacing of wells producing from the groundwater
aquifer or subdivision thereof and to regulate the production therefrom so as to minimize as far as practicable the lowering of the water table or the reduction of the artesian pressure;
(b) To acquire lands for the erection of dams and for the purpose of draining
lakes, draws, and depressions, and to construct dams, drain lakes, depressions, draws, and creeks, and to install pumps and other equipment necessary to recharge the groundwater reservoir or subdivision thereof;
(c) To develop comprehensive plans for the most efficient use of the water of
the groundwater aquifer or subdivision thereof and for the control and prevention of waste of such water, which plans shall specify in such detail as may be practicable the acts, procedure, performance, and avoidance which are or may be necessary to effect such plans, including specifications therefor; to carry out research projects, develop information, and determine limitations, if any, which should be made on the withdrawal of water from the groundwater aquifer or subdivisions thereof; to collect and preserve information regarding the use of such water and the practicability of recharge of the groundwater aquifer; and to publish such plans and information and bring them to the notice and attention of the users of such groundwater within the district and to encourage their adoption and execution;
(d) To require the owner or operator of any land in the district upon which is
located any open or uncovered well to close or cap the same permanently with a covering capable of sustaining weight of not less than four hundred pounds, except when said well is in actual use by the owner or operator thereof;
(e) To promulgate reasonable rules and regulations for the purpose of
conserving, preserving, protecting, and recharging the groundwater of the groundwater aquifer or subdivision thereof, in conformity with the provisions of this article;
(f) To prohibit, after affording an opportunity for a hearing before the board
of the local district and presentation of evidence, the use of groundwater outside the boundaries of the district where such use materially affects the rights acquired by permit by any owner or operator of land within the district;
(g) In the control and administration of the quantity of groundwater
extracted from the aquifer, to adopt such devices, procedures, measures, or methods as it deems appropriate to effectuate this purpose;
(h) To promulgate reasonable rules and regulations with respect to the
protection and compensation of the owners of any small capacity wells as defined in section 37-90-105 which may be injured by irrigation wells;
(i) To represent the district at any hearings or proceedings conducted or
authorized by the commission affecting any water rights, either actual or potential, within the district;
(j) To exercise such other administrative and regulatory authority concerning
the groundwaters of the district as, without the existence of the district, would otherwise be exercised by the ground water commission.
(3) All special and regular meetings of the board shall be held at locations
which are within the boundaries of the district or which are within the boundaries of any county in which the district is located, in whole or in part, or in any county so long as the meeting location does not exceed twenty miles from the district boundaries. The provisions of this subsection (3) may be waived only if the following criteria are met:
(a) The proposed change of location of a meeting of the board appears on
the agenda of a regular or special meeting of the board; and
(b) A resolution is adopted by the board stating the reason for which a
meeting of the board is to be held in a location other than under the provisions of this subsection (3) and further stating the date, time, and place of such meeting.
(4) (a) After the issuance of any well permit within the district, the district
has the authority to enforce compliance with the terms and conditions of the permit, the district's rules, and an order issued by the district concerning the well and issued pursuant to this article governing the use of the groundwater allowed by the permit to ensure that the use is within the scope of what is allowed by this article, the district's rules, an order issued by the district concerning the well and issued pursuant to this article, and the well permit.
(b) The district may proceed pursuant to section 37-90-111.5 against a well
owner who does not comply with an order issued under paragraph (a) of this subsection (4).
(c) A ground water management district shall provide notice of an order in a
manner consistent with the local district's rules. In the absence of a local rule regarding notice, in addition to any other method of giving notice, the mailing of the order in a certified letter to the well owner or operator is sufficient notice of the order of the ground water management district. In the case of circumstances warranting an emergency injunctive proceeding, mailing of the order in a certified letter to the well owner or operator, together with the posting of a written order in plain sight at the well head, is sufficient notice of the order of the ground water management district. The order to the well owner or operator becomes effective on the date of posting in the case of posting at the well head or three days after the certified letter is placed in the United States mail in the case of the certified letter. Except in the case of circumstances warranting an emergency injunctive proceeding, a ground water management district shall allow an alleged violator not less than seven days after the effective date of the order to cure an alleged violation before filing suit in district court.
Source: L. 65: R&RE, p. 1261, � 1. C.R.S. 1963: � 148-18-29. L. 71: p. 1316, � 13.
L. 75: (2)(h) added, p. 1396, � 1, effective July 1. L. 79: IP(2) amended and (2)(i) and (2)(j) added, p. 1375, � 8, effective June 7. L. 85: (2)(h) amended, p. 1177, � 10, effective May 31. L. 90: (3) added, p. 1506, � 23, effective July 1. L. 98: IP(2) amended and (4) added, p. 1222, � 13, effective August 5. L. 2014: (4) amended, (HB 14-1052), ch. 56, p. 254, � 1, effective March 21.
C.R.S. § 37-90-131
37-90-131. Management district - board of directors - control measures - hearing - notice - publication - order. (1) (a) Whenever the board of directors determines that controls, regulations, or conservation measures are necessary in order to ensure the proper conservation of groundwater within the district, it shall confer with the ground water commission and groundwater users within the district. No such measures or regulations shall be instituted until after a public hearing. Notice of such hearing shall be published. Such notice shall state the time and place of the hearing and in general terms the corrective measures or regulations proposed. Within sixty-three days after such hearing, the board shall announce the measures or regulations ordered to be taken and shall cause notice of such action to be published. The board has the authority to compel compliance with such measures or regulations by an action brought in the district court of the county in which any failure to comply is found to exist.
(b) Any person adversely affected or aggrieved by the announcement of
control or conservation measures or regulations adopted by the district board may appeal such decision to the ground water commission by filing a notice of appeal and the grounds therefor with the commission not later than thirty-five days after the date of last publication. The commission shall hear all such appeals pursuant to section 37-90-113. The commission shall have authority to affirm or reject the measures or regulations adopted by the district or to modify such measures or regulations but only upon consent from the district board. Judicial review of commission actions in such appeals may be taken pursuant to section 37-90-115.
(c) Any person adversely affected or aggrieved by an act of the district
board, other than the announcement of control or conservation measures or regulations, has the right to be heard by the board. Such person shall file a written request for a hearing that states the basis of the alleged injury. Unless agreed otherwise by all parties to a hearing or unless otherwise approved by the district due to extenuating circumstances, a hearing shall be held within one hundred eighty-two days after filing the request for such a hearing. Upon thirty-five days' written notice to all adverse parties, the district shall conduct a hearing upon the matter. Hearing procedures shall be as informal as possible, with due regard for the rights of the parties. All parties shall have the right to subpoena witnesses and to be heard either in person or by attorney. The district board may have such hearings conducted before an agent or hearing officer. After such hearing, the district board shall issue a written decision containing its findings and conclusions and shall serve its decision upon all parties by first-class mail. Judicial review of such district decisions may be taken in the manner and governed by the standards set forth for review of commission and state engineer decisions in section 37-90-115.
(2) Subject to review by the ground water commission pursuant to
subsection (1) of this section, the board may institute control measures or regulations to prescribe satisfactory and economical measuring methods for the measurement of water levels in and the amount of water withdrawn from wells and to require reports to be made at the end of each pumping season showing the date and water level at the beginning of the pumping season, the date and water level at the end of the pumping season, and any period of more than thirty-five days cessation of pumping during such pumping season.
Source: L. 65: R&RE, p. 1262, � 1. C.R.S. 1963: � 148-18-30. L. 71: p. 1316, � 14.
L. 79: (1) R&RE, p. 1375, � 9, effective June 7. L. 85: (1)(b) R&RE and (1)(c) added, pp. 1177, 1178, �� 11, 12, effective May 31. L. 98: Entire section amended, p. 1223, � 14, effective August 5. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 883, � 155, effective July 1.
C.R.S. § 37-90-137
37-90-137. Permits to construct wells outside designated basins - fees - permit no groundwater right - evidence - time limitation - well permits - rules - definitions. (1) (a) On and after May 17, 1965, a new well shall not be constructed outside the boundaries of a designated groundwater basin, and the supply of water from existing wells outside the boundaries of a designated groundwater basin shall not be increased or extended unless the user makes an application in writing to the state engineer for a permit to construct a well, in a form prescribed by the state engineer.
(b) The applicant shall specify in the application described in subsection
(1)(a) of this section:
(I) The particular aquifer from which the water is to be diverted;
(II) The proposed beneficial use for the water;
(III) The location of the proposed well;
(IV) The name of the owner of the land on which the proposed well will be
located;
(V) The average annual amount of water applied for in acre-feet per year;
(VI) The proposed maximum pumping rate in gallons per minute; and
(VII) If the proposed use is agricultural irrigation, a description of the land to
be irrigated, the name of the owner of the land, and any other reasonable information that the state engineer designates on the form prescribed.
(c) Notwithstanding any provision of this subsection (1) to the contrary, the
requirements of this subsection (1) do not apply to wells constructed pursuant to an operations permit issued by the energy and carbon management commission pursuant to section 37-90.5-106 (1)(b).
(2) (a) (I) Repealed.
(II) Effective July 1, 2006, upon receipt of an application for a replacement
well or a new, increased, or additional supply of groundwater from an area outside the boundaries of a designated groundwater basin, accompanied by a filing fee of one hundred dollars, the state engineer shall make a determination as to whether or not the exercise of the requested permit will materially injure the vested water rights or prior geothermal operations of others.
(b) (I) The state engineer shall issue a permit to construct a well only if:
(A) The state engineer finds, as substantiated by hydrological and geological
facts, that there is unappropriated water available for withdrawal by the proposed well and that the vested water rights or prior geothermal operations of others will not be materially injured; and
(B) Except as specified in subsection (2)(b)(II) of this section, the location of
the proposed well will be more than six hundred feet from an existing well completed in the same aquifer and more than one-fourth of a mile from a prior geothermal operation utilizing water from the same aquifer.
(II) If the state engineer, after a hearing, finds that circumstances in a
particular instance so warrant, or if a court decree is entered for the proposed well location after notice has been given in accordance with subsection (2)(b)(II)(B) of this section, the state engineer may issue a permit without regard to the limitation specified in subsection (2)(b)(I)(B) of this section; except that a hearing is not required and the state engineer may issue a well permit without regard to the limitation specified in subsection (2)(b)(I)(B) of this section:
(A) If the state engineer notifies the owners of all wells within six hundred
feet of the proposed well by certified mail and receives no response within the time set forth in the notice, and if the proposed well is located within one-fourth of a mile of a prior geothermal operation, and the state engineer notifies the prior geothermal operation's designated individuals and the energy and carbon management commission by electronic mail and receives no response within the time set forth in the notice;
(B) If the proposed well is part of a water court proceeding adjudicating the
water right for the well, or if the proposed well is part of an adjudication of a plan for augmentation or change of water right and if evidence is provided to the water court that the applicant has given notice of the water court application, at least fourteen days before making the application, by registered or certified mail, return receipt requested, to the owners of record of all wells within six hundred feet of the proposed well and to all designated individuals of prior geothermal operations within one-fourth of a mile of the proposed well;
(C) If the proposed well will serve an individual residential site and the
proposed pumping rate will not exceed fifteen gallons per minute; except that, if there is an oil and gas well within six hundred feet of the surface location of the proposed well, the state engineer shall notify the owner of such well by certified mail of the proposed well and may issue the well permit subject to the limitations specified in sub-subparagraph (A) of subparagraph (I) of this paragraph (b);
(D) If the proposed well is an oil and gas well and the only wells within six
hundred feet of the surface location of the proposed well are oil and gas wells; or
(E) If the proposed well is an oil and gas well, there is an existing production
water well that is not an oil and gas well within six hundred feet of the surface location of the proposed oil and gas well, the state engineer has provided written notice of the application by certified mail to the owners of such wells that are not oil and gas wells within thirty-five days after receipt of a complete application for the proposed well, and the state engineer has given those to whom notice was provided thirty-five days after the date of mailing of such notice to file comments on the proposed well's application.
(c) The permit shall set forth the conditions for drilling, casing, and
equipping wells and other diversion facilities as are reasonably necessary to prevent waste, pollution, or material injury to existing rights or prior geothermal operations.
(d) (I) The state engineer shall endorse upon the application the date of its
receipt, file and preserve such application, and make a record of such receipt and the issuance of the permit in his office so indexed as to be useful in determining the extent of the uses made from various groundwater sources.
(II) The state engineer shall act upon an application filed under this section
within forty-five days after its receipt.
(e) As used in this subsection (2), unless the context otherwise requires:
(I) Material injury to a prior geothermal operation has the meaning set forth
in section 37-90.5-106 (1)(c).
(II) Prior geothermal operation has the meaning set forth in section 37-90.5-103 (14.5).
(3) (a) (I) A permit to construct a well outside the boundaries of a designated
groundwater basin issued on or after April 21, 1967, expires two years after issuance unless the well is constructed before the expiration of the permit.
(II) If the requirements of section 37-92-301 are met, the expiration of any
permit pursuant to this paragraph (a) associated with a conditional groundwater right shall not be the sole basis to determine the existence of reasonable diligence toward completion of such conditional water right.
(III) The state engineer may require the metering or other reasonable
measurement of withdrawals of groundwater pursuant to permits and the reasonable recording and disclosure of such measured withdrawals.
(b) Any permit to construct a well issued by the state engineer prior to April
21, 1967, shall expire on July 1, 1973, unless the applicant furnishes to the state engineer, prior to July 1, 1973, evidence that the water from such well has been put to beneficial use prior to that date. The state engineer shall give notice by certified or registered mail to all persons to whom such permits were issued at the address shown on the state engineer's records, setting forth the provisions of this subsection (3). Such notices shall be mailed not later than December 31, 1971.
(c) If evidence that the well has been constructed within two years after the
date that the permit was issued has not been furnished to the state engineer within the time frame prescribed by rules adopted pursuant to section 37-91-104, the well permit expires. The state engineer shall notify the permit holder and, if applicable, the contractor listed on the permit application that the well permit is expired.
(d) In the case of federally authorized water projects wherein well permits
are required by this section and have been secured, the expiration dates of the projects may be extended for additional periods, not to exceed one year per extension, based upon a finding of good cause by the state engineer following a review of any such project at least annually by the state engineer. The state engineer may extend the expiration of a permit if the person to whom the permit was issued, on forms as may be prescribed by the state engineer, furnishes to the state engineer a showing of good cause as to why the well has not been constructed and an estimate of time necessary to complete construction.
(e) The state engineer may reinstate an expired well permit if the state
engineer receives satisfactory evidence that the well was constructed within two years after the date that the permit was issued, accompanied by a filing fee of thirty dollars. The state engineer shall consider records of the state engineer and evidence provided to the state engineer in determining whether the permit should be reinstated.
(f) Subsection (3)(e) of this section does not apply to a well permit that
formally expired through an order issued prior to September 1, 2025.
(4) (a) In the issuance of a permit to construct a well outside a designated
groundwater basin and not meeting the exemptions set forth in section 37-92-602 to withdraw nontributary groundwater or any groundwater in the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers, the provisions of subsections (1) and (2) of this section shall apply.
(b) (I) Permits issued pursuant to this subsection (4) shall allow withdrawals
on the basis of an aquifer life of one hundred years.
(II) Subject to the provisions of subsections (1) and (2) of this section, the
amount of such groundwater available for withdrawal shall be that quantity of water, exclusive of artificial recharge, underlying the land owned by the applicant or underlying land owned by another:
(A) Who has consented in writing to the applicant's withdrawal; or
(B) Whose consent exists by virtue of a lawful municipal ordinance or a
quasi-municipal district resolution in effect prior to January 1, 1985, and which consent was the subject of a water court application for determination of nontributary groundwater rights filed by the affected municipality or quasi-municipal district prior to January 1, 1985; or
(C) Who shall be deemed to have consented to the withdrawal of
groundwater pursuant to the provisions of subsection (8) of this section.
(b.5) (I) An applicant claiming to own the overlying land or to have the
consent of the owner of the overlying land as contemplated in sub-subparagraph (A) of subparagraph (II) of paragraph (b) of this subsection (4) shall furnish to the state engineer, in addition to evidence of such consent, evidence that the applicant has given notice of the application by registered or certified mail, return receipt requested, no less than ten days prior to the making of the application, to every record owner of the overlying land and to every person who has a lien or mortgage upon, or deed of trust to, the overlying land recorded in the county in which the overlying land is located.
(II) For purposes of this paragraph (b.5), person means any individual,
partnership, association, or corporation authorized to do business in the state of Colorado, or any political subdivision or public agency thereof, or any agency of the United States.
(III) The provisions of subparagraph (I) of this paragraph (b.5) do not apply to
applicants whose right to withdraw the groundwater has been determined by a valid decree nor to political subdivisions of the state of Colorado, special districts, municipalities, or quasi-municipal districts that have obtained consent to withdraw the groundwater by deed, assignment, or other written evidence of consent where, at the time of application, the overlying land is within the water service area of such entity.
(c) Material injury to vested nontributary groundwater rights shall not be
deemed to result from the reduction of either hydrostatic pressure or water level in the aquifer.
(d) The annual amount of withdrawal allowed in any well permits issued
under this subsection (4) shall be the same as the amount determined by court decree, if any, and may, if so provided by any such decree, provide for the subsequent adjustment of such amount to conform to the actual aquifer characteristics encountered upon drilling of the well or test holes.
(5) Any right to the use of groundwater entitling its owner or user to
construct a well, which right was initiated prior to July 6, 1973, as evidenced by an unexpired well permit issued prior to July 6, 1973, or a current decree, shall not be subject to the provisions of subsection (4) of this section.
(6) Rights to nontributary groundwater outside of designated groundwater
basins may be determined in accordance with the procedures of sections 37-92-302 to 37-92-305. Such proceedings may be commenced at any time and may include a determination of the right to such water for existing and future uses. Such determination shall be in accordance with subsections (4) and (5) of this section. Claims pending as of October 11, 1983, which have been published pursuant to section 37-92-302 in the resume need not be republished.
(7) In the case of dewatering of geologic formations by withdrawing
nontributary groundwater to facilitate or permit mining of minerals:
(a) (I) Except for coal bed methane wells, a well permit is not required unless
the nontributary groundwater being removed will be beneficially used.
(II) Except for coal bed methane wells, a well permit is not required if the
nontributary groundwater being removed to facilitate or permit the mining of minerals will be used only by operators within the geologic basin where the groundwater is removed to facilitate or permit the mining of minerals, including:
(A) Injection into a properly permitted disposal well;
(B) Evaporation or percolation in a properly permitted pit;
(C) Disposal at a properly permitted commercial facility;
(D) Roadspreading or reuse for enhanced recovery, drilling, well stimulation,
well maintenance, pressure control, pump operations, dust control on-site or off-site, pipeline and equipment testing, equipment washing, or fire suppression;
(E) Discharge into state waters in accordance with the Colorado Water
Quality Control Act, article 8 of title 25, and the rules promulgated under that act;
(F) Evaporation at a properly permitted centralized exploration and
production waste management facility; or
(G) Generating energy or otherwise using heat from groundwater for the
mining of minerals.
(b) In the issuance of any well permit pursuant to this subsection (7),
subsection (4) of this section does not apply and subsections (1), (2), and (3) of this section apply; except that, in considering whether the permit shall issue, the requirement that the state engineer find that there is unappropriated water available for withdrawal and the six-hundred-foot spacing requirement in subsection (2) of this section do not apply. The state engineer shall allow the rate of withdrawal stated by the applicant to be necessary to dewater the mine; except that, if the state engineer finds that the proposed dewatering will cause material injury to the vested water rights of others, the applicant may propose, and the permit shall contain, terms and conditions that will prevent such injury. The reduction of hydrostatic pressure level or water level alone does not constitute material injury. Permitting determinations pursuant to this subsection (7) neither confer a water right nor preclude determination of a water right by the water court.
(c) The state engineer may, pursuant to the State Administrative Procedure
Act, article 4 of title 24, C.R.S., adopt rules to assist with the administration of this subsection (7). The rule-making authority includes the promulgation of rules pursuant to which groundwater within formations and basins, in whole or part, is determined to be nontributary for the purposes of this subsection (7). The rules may also provide rule-making and adjudicatory procedures for nontributary determinations to be made after the initial rule-making pursuant to this subsection (7). In all rule-making proceedings authorized by this subsection (7), the state engineer shall afford interested persons the right of cross-examination. Judicial review of all rules promulgated pursuant to this subsection (7), including all nontributary determinations made pursuant to this subsection (7), is in accordance with the State Administrative Procedure Act; except that venue for such review lies exclusively with the water judge or judges for the water division or divisions within which the groundwater that is the subject of such rules or determinations is located. In any judicial action seeking to curtail the withdrawal, use, or disposal of groundwater pursuant to this subsection (7) or to otherwise declare such activities unlawful, the court shall presume, subject to rebuttal, that any applicable nontributary determination made by the state engineer is valid. Any rules promulgated pursuant to this subsection (7) must not conflict with existing laws and do not affect the validity of groundwater well permits existing prior to the adoption of such rules.
(7.5) (a) Except as required by subsection (7.5)(b) of this section, a permit
from the state engineer is not required in the case of withdrawing nontributary groundwater from a geologic formation if the withdrawal is permitted as a deep geothermal operation, as defined in section 37-90.5-103 (3), and the withdrawn nontributary groundwater will be used only for operations to extract or utilize heat, including:
(I) Generating electricity;
(II) Heating and cooling buildings;
(III) Heating swimming pools, public bathhouses, or developed hot springs
facilities;
(IV) Heating aquaculture;
(V) Melting snow or ice;
(VI) Heating to facilitate carbon dioxide capture or hydrogen production;
(VII) Deep geothermal exploration, resource confirmation, or reservoir
enhancement; and
(VIII) Heating and drying for other industrial processes.
(b) A well permit is required if the operator will use the nontributary
groundwater for additional beneficial uses unrelated to the extraction or utilization of heat.
(8) It is recognized that economic considerations generally make it
impractical for individual landowners to drill wells into the aquifers named in this subsection (8) for individual water supplies where municipal or quasi-municipal water service is available and that the public interest justifies the use of such groundwater by municipal or quasi-municipal water suppliers under certain conditions. Therefore, wherever any existing municipal or quasi-municipal water supplier is obligated either by law or by contract in effect prior to January 1, 1985, to be the principal provider of public water service to landowners within a certain municipal or quasi-municipal boundary in existence on January 1, 1985, said water supplier may adopt an ordinance or resolution, after ten days' notice pursuant to the provisions of part 1 of article 70 of title 24, C.R.S., which incorporates groundwater from the Dawson, Denver, Arapahoe, or Laramie-Fox Hills aquifers underlying all or any specified portion of such municipality's or quasi-municipality's boundary into its actual municipal service plan. Upon adoption of such ordinance or resolution, a detailed map of the land area as to which consent is deemed to have been given shall be filed with the state engineer. Upon the effective date of such ordinance or resolution, the owners of land which overlies such groundwater shall be deemed to have consented to the withdrawal by that water supplier of all such groundwater; except that no such consent shall be deemed to be given with respect to any portion of the land if:
(a) Water service to such portion of the land is not reasonably available from
said water supplier and no plan has been established by that supplier allowing the landowner to obtain an alternative water supply;
(b) Such ordinance or resolution is adopted prior to September 1, 1985, and,
prior to January 1, 1985, such groundwater was conveyed or reserved or consent to use such groundwater was given or reserved in writing to anyone other than such water supplier and such conveyance, reservation, or consent has been properly recorded prior to August 31, 1985;
(c) Such ordinance or resolution is adopted on or after September 1, 1985,
and said groundwater has been conveyed or reserved or consent to use such groundwater has been given or reserved in writing to anyone other than such water supplier and such conveyance, reservation, or consent is properly recorded before the effective date of that ordinance or resolution;
(d) Consent to use such groundwater has been given to anyone other than
such water supplier by the lawful effect of an ordinance or resolution adopted prior to January 1, 1985;
(e) Such groundwater has been decreed or permitted to anyone other than
such water supplier prior to the effective date of such ordinance or resolution; or
(f) Such portion of the land is not being served by said water supplier as of
the effective date of such ordinance or resolution and such groundwater is the subject of an application for determination of a right to use groundwater filed in the water court prior to July 1, 1985.
(9) (a) For the purpose of making the state engineer's consideration of well
permit applications for the withdrawal of groundwater from wells described in subsection (4) of this section more certain and expeditious, the state engineer may, to the extent provided in this subsection (9) and pursuant to the State Administrative Procedure Act, adopt rules and regulations to prescribe reasonable criteria and procedures for the application for, and the evaluation, issuance, extension, and administration of, such well permits. Such rules and regulations shall only be promulgated after the state engineer has conducted a hydrogeologic analysis, the results of which factually support the promulgation and the content of such rules and regulations for any particular aquifer or portion thereof. All such rules and regulations shall allow the withdrawal pursuant to such permits of the full amount of groundwater determined under subsection (4) of this section and shall afford the applicant the opportunity to rebut any presumptive aquifer characteristics. Presumptive aquifer characteristics established by those rules and regulations shall also apply to the determination of rights to groundwater from wells described in subsection (4) of this section by the water judges, subject to rebuttal by any party. In all rule-making proceedings authorized by this subsection (9), the state engineer shall afford interested persons the right of cross-examination. Judicial review of all rules and regulations promulgated pursuant to this subsection (9) shall be in accordance with the State Administrative Procedure Act; except that venue for such review shall lie exclusively with the water judge or judges for the water division or divisions within which the subject groundwater is located.
(b) On or before December 31, 1985, the state engineer shall promulgate
reasonable rules and regulations applying exclusively to the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers to the extent necessary to assure that the withdrawal of groundwater from wells described in subsection (4) of this section will not materially affect vested water rights to the flow of any natural stream. In no event shall the rules and regulations promulgated under this paragraph (b) require that persons who withdraw nontributary groundwater, as defined in section 37-90-103 (10.5), relinquish the right to consume, by means of original use, reuse, and successive use, more than two percent of the amount of such groundwater which is withdrawn without regard to dominion or control of the groundwater so relinquished, nor shall they require that judicial approval of plans for augmentation providing for such relinquishment be obtained.
(c) Repealed.
(c.5) (I) (A) As to wells that will be completed in the Dawson, Denver,
Arapahoe, and Laramie-Fox Hills aquifers and will withdraw groundwater that is not nontributary groundwater, judicial approval of plans for augmentation is required prior to the use of the groundwater.
(B) As to such wells completed in the Dawson aquifer, decrees approving
plans for augmentation must provide for the replacement of actual out-of-priority depletions to the stream caused by withdrawals from the wells and must meet all other statutory criteria for the plans.
(C) As to such wells completed in the Denver, Arapahoe, or Laramie-Fox Hills
aquifers more than one mile from any point of contact between any natural stream including its alluvium on which water rights would be injuriously affected by any stream depletion, and any such aquifer, the decrees must provide for the replacement to the affected stream system or systems of a total amount of water equal to four percent of the amount of water withdrawn on an annual basis. As to such wells completed in such aquifers at points closer than one mile to any such contact, the amount of the replacement is determined using the assumption that the hydrostatic pressure level in each such aquifer has been lowered at least to the top of that aquifer throughout that aquifer. The decrees may also require the continuation of replacement after withdrawal ceases if necessary to compensate for injurious stream depletions caused by prior withdrawals from the wells and must meet all other statutory criteria for such plans.
(II) (Deleted by amendment, L. 2015.)
(d) On or before July 1, 1995, the state engineer shall promulgate reasonable
rules that apply to the permitting and use of water artificially recharged into the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers. On or before July 1, 2018, the state engineer shall promulgate rules that apply to the permitting and use of water artificially recharged into a nontributary groundwater aquifer. The rules promulgated pursuant to this subsection (9)(d) must effectuate the maximum utilization of aquifers through the conjunctive use of surface and groundwater resources.
(10) Owners of such permits issued pursuant to subsection (4) of this section
shall be entitled to the issuance of permits for additional wells to be constructed on the land referred to in subsection (4) of this section. The standards of subsection (4) of this section shall be applied as if the applications for those additional well permits were filed on the same dates that the original applications were filed.
(11) (a) (I) A person shall not, in connection with the extraction of sand and
gravel by open mining as defined in section 34-32.5-103 (15), expose groundwater to the atmosphere unless the person has obtained a well permit from the state engineer pursuant to this section. The state engineer shall issue a well permit upon approval by the water court of a plan for augmentation or upon approval by the state engineer of a plan of substitute supply; except that no increased replacement of water shall be required by the water court or the state engineer whenever the operator or owner of land being mined has, prior to January 15, 1989, entered into and continually thereafter complied with a written agreement with a water conservancy district or water users' association to replace or augment the depletions in connection with or resulting from open mining of sand and gravel. The well permit and plan of substitute supply may authorize uses of water incidental to open mining for sand and gravel, including processing and washing mined materials; dust suppression; mined land reclamation including temporary irrigation for revegetation; liner or slurry wall construction; production of concrete and other aggregate-based construction materials; dewatering; and mitigation of impacts from mining and dewatering.
(II) Any person who extracted sand and gravel by open mining and exposed
groundwater to the atmosphere after December 31, 1980, shall apply for a well permit pursuant to this section and, if applicable, shall apply for approval of a plan for augmentation or a plan of substitute supply prior to July 15, 1990.
(b) If any groundwater was exposed to the atmosphere in connection with
the extraction of sand and gravel by open mining as defined in section 34-32-103 (9), C.R.S., prior to January 1, 1981, no such well permit, plan for augmentation, or plan of substitute supply shall be required to replace depletions from evaporation; except that the burden of proving that such groundwater was exposed prior to January 1, 1981, shall be upon the party claiming the benefit of this exception. Notwithstanding the provisions of this paragraph (b), judgments and decrees entered prior to July 1, 1989, approving plans for augmentation, which plans include the replacement of depletions from such evaporation, shall be given full effect and shall be enforced according to their terms.
(c) Any person who has reactivated or reactivates open mining operations
which exposed groundwater to the atmosphere but which ceased activity prior to January 1, 1981, shall obtain a well permit and shall apply for approval of a plan for augmentation or a plan of substitute supply pursuant to paragraph (a) of this subsection (11).
(d) No person who obtains or operates a plan for augmentation or plan of
substitute supply prior to July 1, 1989, shall be required to make replacement for the depletions from evaporation exempted in this subsection (11) or otherwise replace water for increased calls which may result therefrom.
(e) In addition to the well permit filing fee required by subsection (2) of this
section, the state engineer shall collect the following fees for exposing groundwater to the atmosphere for the extraction of sand and gravel by open mining:
(I) For persons who exposed groundwater to the atmosphere on or after
January 1, 1981, but prior to July 15, 1989, one thousand five hundred ninety-three dollars; except that, if such plan is filed prior to July 15, 1990, as required by subparagraph (II) of paragraph (a) of this subsection (11), the filing fee shall be seventy dollars if such plan includes ten acres or less of exposed groundwater surface area or three hundred fifty dollars if such plan includes more than ten acres of exposed groundwater surface area;
(II) For persons who expose groundwater to the atmosphere on or after July
15, 1989, one thousand five hundred ninety-three dollars regardless of the number of acres exposed. In the case of new mining operations, such fee shall cover two years of operation of the plan.
(III) For persons who reactivated or who reactivate mining operations that
ceased activity prior to January 1, 1981, and enlarge the surface area of any gravel pit lake beyond the area it covered before the cessation of activity, one thousand five hundred ninety-three dollars;
(IV) For persons who request renewal of an approved substitute water
supply plan prior to the expiration date of the plan, two hundred fifty-seven dollars regardless of the number of acres exposed;
(V) For persons whose approved substitute water supply plan has expired
and who submit a subsequent plan, one thousand five hundred ninety-three dollars regardless of the number of acres exposed. An approved plan shall be considered expired if the applicant has not applied for renewal before the expiration date of the plan. The state engineer shall notify the applicant in writing if the plan is considered expired.
(VI) For persons whose proposed substitute water supply plan was
disapproved and who submit a subsequent plan, one thousand five hundred ninety-three dollars regardless of the number of acres exposed. The state engineer shall notify the applicant in writing of disapproval of a plan.
(f) Excluding the well permit filing fee required by subsection (2) of this
section, the state treasurer shall credit all fees collected with an application for approval of a plan for augmentation or a plan of substitute supply to the water resources cash fund created in section 37-80-111.7 (1).
(g) A person who has obtained a reclamation permit pursuant to section 34-32-112, C.R.S., shall be allowed to apply for a single well permit and to submit a
single plan for augmentation or a single plan of substitute supply for the entire acreage covered by the reclamation plan without regard to the number of gravel pit lakes placed within such acreage.
(12) (a) In considering any well permit application in water division 3 that
involves a new withdrawal of groundwater that will affect the rate or direction of movement of water in the confined aquifer, the state engineer shall recognize that unappropriated water is not made available and injury is not prevented as a result of the reduction of water consumption by nonirrigated native vegetation.
(b) (I) Repealed.
(II) Subparagraph (I) of this paragraph (b) was repealed, effective July 1,
2004; except that nothing in this subsection (12) shall affect the validity of the rules adopted by the state engineer for groundwater withdrawals in water division 3, or affect the applicability of such rules to well permits that have been or will be issued, and judicial decrees that have been or will be entered, for the withdrawal of groundwater in water division 3.
(13) Notwithstanding the amount specified for any fee in this section, the
commission by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commission by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
(14) The state engineer may issue permits for augmentation wells only in
accordance with plans for augmentation approved by the water judge for water division 1 and substitute water supply plans approved pursuant to section 37-92-308 that include such wells.
(15) A person withdrawing water from a well pursuant to subsection (1) or (4)
of this section may use graywater through the use of a graywater treatment works, as those terms are defined in section 25-8-103 (8.3) and (8.4), C.R.S., in compliance with the requirements of section 25-8-205 (1)(g), C.R.S. Any limitations on use set forth in the well permit, and the provisions of any decreed plan for augmentation, apply to the use of graywater.
Source: L. 65: R&RE, p. 1265, � 1. C.R.S. 1963: � 148-18-36. L. 67: p. 277, � 10.
L. 71: pp. 1317, 1324, 1325, �� 16, 3, 5. L. 73: p. 1520, � 1. L. 77: (3)(c) and (3)(d) added, p. 1700, � 1, effective July 1. L. 79: (3)(a) amended, p. 1377, � 1, effective May 18. L. 83: (5) added, p. 1418, � 1, effective May 23; (6) added, p. 2080, � 2, effective October 11. L. 85: (1), (3)(a), and (4) amended and (7) to (10) added, p. 1161, � 3, effective July 1; (8) amended, p. 1372, � 55, effective July 1. L. 87: (2) and (3)(a) amended, p. 1302, � 6, effective July 2. L. 89: (11) added, p. 1422, � 2, effective July 15. L. 92: (2) and (3)(c) amended, p. 2299, � 5, effective March 19; (4) amended, p. 2310, � 1, effective March 20. L. 93: (4)(b.5) amended, p. 85, � 1, effective March 30; (11)(e) and (11)(f) amended, p. 1833, � 3, effective June 6. L. 94: (9)(d) added, p. 617, � 1, effective April 13; (3)(a)(I) amended, p. 1208, � 1, effective May 19. L. 95: (2) amended, p. 139, � 2, effective April 7. L. 96: (2)(b)(I), (2)(b)(II), (4)(a), and IP(8) amended, pp. 327, 325, �� 4, 1, effective April 16; (9)(c) amended and (9)(c.5) added, p. 1361, � 2, effective June 1. L. 98: (12) added, p. 853, � 2, effective May 26; (9)(c)(II) and (9)(c.5)(II) amended, p. 1072, � 1, effective June 1; (13) added, p. 1344, � 74, effective June 1. L. 99: (9)(c)(II) and (9)(c.5)(II) amended, p. 670, � 1, effective May 18. L. 2001: (12)(b) amended, p. 158, � 2, effective March 28; (9)(c)(II) and (9)(c.5)(II) amended, p. 727, � 2, effective July 1. L. 2003: (2)(a) and (3)(a)(I)(A) amended and (3)(a)(I)(A.3) and (3)(a)(I)(A.5) added, p. 46, � 6, effective (see editor's note); (14) added, p. 1454, � 4, effective April 30; (9)(c), (9)(c.5), and (12)(b) amended, pp. 1595, 1596, �� 1, 3, effective May 2; (2)(a)(I)(A) and (2)(a)(II) amended, p. 1684, � 17, effective May 14. L. 2004: (3)(a) R&RE and (3)(c) amended, pp. 1128, 1129, �� 1, 2, effective May 27. L. 2006: (11)(e) amended, p. 1271, � 2, effective July 1. L. 2009: (2)(b) and IP(7) amended and (7)(c) added, (HB 09-1303), ch. 390, pp. 2108, 2109, �� 2, 3, effective June 2. L. 2010: IP(7), (7)(a), and (7)(b) amended, (SB 10-165), ch. 31, p. 112, � 1, effective March 22. L. 2011: IP(7) and (7)(c) amended, (HB 11-1286), ch. 135, p. 473, � 1, effective May 4. L. 2012: (9)(c)(II) and (9)(c.5)(II) amended, (SB 12-008), ch. 7, p. 21, � 1, effective March 8; (2)(b)(II)(B), (2)(b)(II)(E), and (3)(c) amended, (SB 12-175), ch. 208, p. 884, � 156, effective July 1; (11)(f) amended, (SB 12-009), ch. 197, p. 791, � 4, effective July 1. L. 2013: (15) added, (HB 13-1044), ch. 228, p. 1090, � 8, effective May 15. L. 2015: (9)(c) repealed and (9)(c.5) amended, (SB 15-010), ch. 5, p. 11, � 1, effective March 13. L. 2017: (9)(d) amended, (HB 17-1076), ch. 89, p. 272, � 1, effective August 9. L. 2018: (11)(a)(I) amended, (SB 18-041), ch. 9, p. 157, � 2, effective August 8. L. 2023: (1) and (7)(a) amended, (SB 23-285), ch. 235, p. 1232, � 4, effective July 1. L. 2025: (2)(a)(II), (2)(b)(I), IP(2)(b)(II), (2)(b)(II)(A), (2)(b)(II)(B), and (2)(c) amended and (2)(e) and (7.5) added, (HB 25-1165), ch. 257, p. 1302, � 10, effective August 6; (3)(a)(I), (3)(c), and (3)(d) amended and (3)(e) and (3)(f) added, (HB 25-1014), ch. 388, p. 2183, � 2, effective August 6.
Editor's note: (1) Section 10 of chapter 7, Session Laws of Colorado 2003,
provides for an effective date of March 1, 2003; however, the Governor did not sign the act until March 5, 2003.
(2) Subsection (12)(b)(II) provided for the repeal of subsection (12)(b)(I),
effective July 1, 2004. (See L. 2003, p. 1596.)
(3) Subsection (2)(a)(I)(B) provided for the repeal of subsection (2)(a)(I),
effective July 1, 2006. (See L. 2003, p. 46.)
(4) Section 2 of chapter 135, Session Laws of Colorado 2011, provides that
the act amending the introductory portion to subsection (7) and subsection (7)(c) applies to nontributary determinations made and rules promulgated before, on, or after May 4, 2011.
(5) Section 9(2) of chapter 388 (HB 25-1014), Session Laws of Colorado
2025, provides that the act changing this section applies to well permit applications that are pending before, on, or after August 6, 2025, and to valid well permits in existence before, on, or after August 6, 2025.
Cross references: (1) For the State Administrative Procedure Act, see
article 4 of title 24; for the definition of designated groundwater, see � 37-90-103 (6); for small capacity wells, see � 37-90-105; for definitions of underground water, see �� 37-90-103 (19) and 37-92-103 (11); for exemptions from and presumptions formed in the application of article 92 of this title 37, see � 37-92-602.
(2) For the legislative declaration contained in the 2003 act amending
subsections (2)(a) and (3)(a)(I)(A) and enacting subsections (3)(a)(I)(A.3) and (3)(a)(I)(A.5), see section 1 of chapter 7, Session Laws of Colorado 2003. For the legislative declaration in the 2013 act adding subsection (15), see section 1 of chapter 228, Session Laws of Colorado 2013. For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.
C.R.S. § 37-90-138
37-90-138. Waste - violations - permits. (1) The state engineer in cooperation with the commission has power to regulate the drilling and construction of all wells in the state of Colorado to the extent necessary to prevent the waste of water and the injury to or destruction of other water resources and shall require well drillers and private drillers to file a log of each well drilled whether or not exempt by virtue of section 37-90-105. The state engineer shall adopt such rules and regulations as are necessary to accomplish the purposes of this section.
(2) If the state engineer finds any well to have been drilled or maintained in a
manner or condition or to be withdrawing groundwater contrary to this article or the rules issued under this article, the state engineer shall immediately notify the user in writing of the violation and give the user time as may reasonably be necessary, not to exceed sixty days, to correct deficiencies. If the user fails or refuses to correct the deficiencies within the allowed time, the state engineer is authorized to enter upon the user's land and do whatever is necessary in order that the user comply with this article or rules issued under this article. Prior to August 1, 2010, this subsection (2) does not apply to oil and gas wells. For an oil and gas well in existence on March 22, 2010, for which a well permit is required by this section, a well permit application shall be submitted to the state engineer on or before April 30, 2010. For an oil and gas well to be constructed between March 22, 2010, and August 1, 2010, for which a well permit is required by this section, a well permit application shall be submitted to the state engineer on or before June 15, 2010. All oil and gas wells to be constructed after August 1, 2010, for which a well permit is required by this section shall have a well permit prior to producing groundwater.
(3) No well construction contractor, pump installer, private pump installer, or
private driller shall construct a new well or otherwise do work on any well requiring authority from the state engineer or commission until a permit with respect thereto has been secured for such work.
Source: L. 65: R&RE, p. 1266, � 1. C.R.S. 1963: � 148-18-37. L. 67: p. 697, � 14.
L. 92: (3) amended, p. 2300, � 6, effective March 19. L. 2009: (2) amended, (HB 09-1303), ch. 390, p. 2110, � 4, effective June 2. L. 2010: (2) amended, (SB 10-165), ch. 31, p. 113, � 2, effective March 22.
C.R.S. § 37-90-139
37-90-139. Existing beneficial uses not recorded - fee. Existing uses of groundwater put to beneficial use prior to May 17, 1965, not of record in the office of the state engineer on April 21, 1967, may be recorded upon written application and payment of a filing fee of twenty-five dollars and shall retain the date of initiation when first put to beneficial use, but no such recording shall be accepted after December 31, 1968.
Source: L. 67: p. 278, � 11. C.R.S. 1963: � 148-18-39.
C.R.S. § 37-90-143
37-90-143. Owners of well permits - update for name and contact information. (1) Effective July 1, 1994, any owner of an unexpired well permit issued pursuant to this article or article 92 of this title who changes a name or mailing address from that on file with the office of the state engineer shall file an update to the name or mailing address with the state engineer by January 1, 1995, on a form prescribed by the state engineer.
(2) Effective January 1, 1995, any owner of an unexpired well permit issued
pursuant to this article 90 or article 92 of this title 37 who changes a name or contact information from that on file with the state engineer shall file an update with the state engineer within sixty-three days after the date of the change, on a form prescribed by the state engineer.
Source: L. 94: Entire section added, p. 1748, � 5, effective July 1. L. 2012: (2)
amended, (SB 12-175), ch. 208, p. 886, � 158, effective July 1. L. 2023: (2) amended, (HB 23-1125), ch. 47, p. 174, � 1, effective August 7.
ARTICLE 90.5
Geothermal Resources
Editor's note: Prior to 1983, the Colorado Geothermal Resources Act was
contained in article 70 of title 34.
Law reviews: For article, Getting Into Hot Water: The Law of Geothermal
Resources in Colorado, see 39 Colo. Law. 65 (Sept. 2010).
37-90.5-101. Short title. This article shall be known and may be cited as the
Colorado Geothermal Resources Act.
Source: L. 83: Entire article added, p. 1419, � 1, effective June 10.
37-90.5-102. Legislative declaration. (1) The general assembly hereby
declares that:
(a) The development of geothermal resources is in the public interest
because it enhances local economies and provides an alternative to conventional fuel sources; and
(b) The development of geothermal resources should be undertaken in such
a manner as to safeguard life, health, property, public welfare, historic geothermal hot springs, and the environment, including wildlife resources; encourage the maximum economic recovery of each resource and prevent its waste; and protect associated correlative rights.
(c) Repealed.
Source: L. 83: Entire article added, p. 1419, � 1, effective June 10. L. 2023:
(1)(a) and (1)(b) amended and (1)(c) repealed, (SB 23-285), ch. 235, p. 1234, � 5, effective July 1. L. 2025: (1)(b) amended, (HB 25-1165), ch. 257, p. 1304, � 11, effective August 6.
Cross references: For the legislative declaration in HB 25-1165, see section 1
of chapter 257, Session Laws of Colorado 2025.
37-90.5-103. Definitions. As used in this article 90.5, unless the context
otherwise requires:
(1) (a) Allocated geothermal resource means any geothermal resource that
is associated with nontributary groundwater.
(b) Allocated geothermal resource does not include groundwater in the
Denver basin aquifers or nontributary groundwater aquifers entirely located shallower than two thousand five hundred feet.
(2) Commission means the energy and carbon management commission
created in section 34-60-104.3 (1).
(3) (a) Deep geothermal operation means any exploration for or production
of:
(I) Allocated geothermal resources; or
(II) Geothermal resources that are deeper than two thousand five hundred
feet below the surface.
(b) (I) Deep geothermal operation includes the following activities related
to the operation of a well:
(A) Conducting geophysical operations;
(B) Drilling test bores and monitoring wells;
(C) Siting;
(D) Installing and operating flowlines;
(E) Drilling;
(F) Deepening;
(G) Recompleting;
(H) Reworking;
(I) Repurposing; and
(J) Abandoning.
(II) Deep geothermal operation also includes any constructing, site
preparing, disposing of geothermal wastes, or reclaiming activities associated with the activities described in subsection (3)(b)(I) of this section.
(c) Deep geothermal operation does not include:
(I) Any exploration or production activities associated with the groundwater
in the Denver basin aquifers; or
(II) The use of any heat extracted with produced fluids in an oil and gas
operation if the utilization of the heat would otherwise not be economically feasible as a standalone geothermal resource project.
(4) Denver basin aquifers means the Dawson, Denver, Arapahoe, and
Laramie-Fox Hills aquifers, as described in the rules adopted by the state engineer pursuant to section 37-90-137 (9)(a) and (9)(b).
(5) Disproportionately impacted community has the meaning set forth in
section 24-4-109 (2)(b)(II).
(6) Distributed geothermal resource means any geothermal resource that
is not an allocated geothermal resource.
(7) Geothermal by-products means dissolved or entrained minerals and
gases that may be obtained from the material medium, excluding hydrocarbon substances and carbon dioxide.
(8) Geothermal fluid means naturally occurring groundwater, brines, vapor,
and steam associated with a geothermal resource.
(9) Geothermal resource means the natural heat of the earth and includes:
(a) The energy that may be extracted from that natural heat;
(b) The material medium used to extract the energy from a geothermal
resource; and
(c) Geothermal by-products.
(9.5) Historic hot spring means a hot spring that is registered as described
in section 37-90.5-106 (7) and is either:
(a) A commercial geothermal hot spring with a vested water right; or
(b) A noncommercial geothermal hot spring that is accessible to and enjoyed
by the public.
(10) Hot dry rock means a geothermal resource that lacks sufficient
geothermal fluid to transport commercial amounts of energy to the surface and that is not associated with an economically useful groundwater resource.
(11) Local government means a home rule or statutory county, municipality,
or city and county.
(12) Material medium means geothermal fluid as well as any other
substance used to transfer energy from a geothermal resource.
(13) Repealed.
(14) Nontributary groundwater has the meaning set forth in section 37-90-103 (10.5).
(14.5) Prior geothermal operation means:
(a) A geothermal well, operation, district, or unit authorized by the state
engineer or the energy and carbon management commission pursuant to this article 90.5; or
(b) A historic hot spring.
(15) Shallow geothermal operation means any geothermal operation that is
not a deep geothermal operation.
(16) Water right has the meaning set forth in section 37-92-103 (12).
Source: L. 83: Entire article added, p. 1419, � 1, effective June 10. L. 2010: (1)
amended and (1.5) added, (SB 10-174), ch. 189, p. 811, � 5, effective August 11. L. 2023: Entire section amended, (SB 23-285), ch. 235, p. 1234, � 6, effective July 1. L. 2025: (1)(b) and (3)(c)(II) amended, (9.5) and (14.5) added, and (13) repealed, (HB 25-1165), ch. 257, p. 1305, � 12, effective August 6.
Cross references: For the legislative declaration in HB 25-1165, see section 1
of chapter 257, Session Laws of Colorado 2025.
37-90.5-104. Ownership declaration. (1) Where a geothermal resource is
found in association with geothermal fluid which is tributary groundwater, such geothermal resource is declared to be a public resource to which usufructuary rights only may be established according to the procedures of this article. No correlative property right to such a geothermal resource in place is recognized as an incident of ownership of an estate in land.
(2) The property right to a hot dry rock resource or a geothermal resource
associated with nontributary groundwater is an incident of the ownership of the overlying surface, unless the property right is severed, reserved, or transferred with the subsurface estate expressly or is otherwise expressly separate from the surface estate. Geothermal resources associated with nontributary groundwater shall not be transferred separately from the nontributary groundwater. With respect to any severance, reservation, or transfer occurring after September 1, 2025:
(a) For any severance, reservation, or transfer of nontributary groundwater,
there is a rebuttable presumption that the severance, reservation, or transfer includes any associated geothermal resources unless the severance, reservation, or transfer expressly states otherwise; and
(b) For any severance, reservation, or transfer of geothermal resources
associated with nontributary groundwater, there is a rebuttable presumption that the severance, reservation, or transfer includes the associated nontributary groundwater unless the severance, reservation, or transfer expressly states otherwise.
(3) Nothing in this section shall be deemed to derogate valid, existing
property rights to geothermal resources which have vested prior to July 1, 1983. However, such property rights shall not be deemed vested absent the award of a decree for an application filed prior to June 10, 1983, pursuant to existing water law or the entering into of a geothermal lease prior to June 10, 1983, or unless utilizing facilities are actually in existence prior to July 1, 1983. A facility for utilization of geothermal resources shall be considered to be in existence if it is in actual operation or is undergoing significant construction activities prior to operation.
(4) Notwithstanding any provision of this section to the contrary, nothing in
this section:
(a) Derogates the rights of a landowner to nontributary groundwater;
(b) Affects any ownership or rights to a geothermal resource associated with
nontributary groundwater, which resource is acquired before July 1, 2023; or
(c) Prevents an owner of nontributary groundwater rights from accessing
nontributary groundwater for nongeothermal purposes that will not materially injure a prior geothermal operation.
(5) Repealed.
Source: L. 83: Entire article added, p. 1420, � 1, effective June 10. L. 2023: (2)
and (4) amended and (5) added, (SB 23-285), ch. 235, p. 1236, � 7, effective July 1. L. 2025: (2) and (4) amended and (5) repealed, (HB 25-1165), ch. 257, p. 1305, � 13, effective August 6.
Cross references: For the legislative declaration in HB 25-1165, see section 1
of chapter 257, Session Laws of Colorado 2025.
37-90.5-105. Access - reasonable accommodation. (1) Geothermal leases
may be awarded by the state board of land commissioners for lands under its jurisdiction through negotiation or by competitive bidding, but no such lease may be awarded prior to a public notice period of thirty-five days.
(2) Where the property right to a severable geothermal resource has been
severed, reserved, or transferred with the subsurface estate, its owner may enter upon the overlying surface parcel at reasonable times and in a reasonable manner to prospect for and produce the energy from such resource, if adequate compensation is paid to the owner of the surface parcel for damages and disturbance in accordance with subsection (3) of this section. This right of entry shall not include the right to construct surface utilization facilities, and such facilities may be constructed only upon agreement with the surface owner in accordance with subsection (3) of this section.
(3) (a) (I) A developer of any type of geothermal resource shall develop the
resource in a manner that accommodates the surface owner by minimizing intrusion upon and damage to the surface of the land.
(II) As used in this section, minimizing intrusion upon and damage to the
surface means selecting alternative locations for wells, roads, pipelines, or heat exchange or generation facilities, or employing alternative means of operation, that prevent, reduce, or mitigate the impacts of the geothermal development on the surface, where such alternatives are technologically sound, economically practicable, and reasonably available to the developer.
(III) The standard of conduct set forth in this subsection (3) does not prevent
a developer from entering upon and using that amount of the surface as is reasonable and necessary to explore for and develop the geothermal resource.
(IV) The standard of conduct set forth in this subsection (3) does not
abrogate or impair a contractual provision that is binding on the parties and that expressly provides for the use of the surface for the development of geothermal resources or that releases the developer from liability for the use of the surface.
(b) A geothermal resource developer's failure to meet the requirements set
forth in this subsection (3) or, if applicable, subsection (2) of this section, gives rise to a cause of action by the surface owner. Upon a determination by the trier of fact that such failure has occurred, a surface owner may seek compensatory damages or such equitable relief as is consistent with paragraph (a) of this subsection (3) or, if applicable, subsection (2) of this section.
(c) (I) In any litigation or arbitration based upon subsection (2) of this section
or paragraph (a) of this subsection (3), the surface owner shall present evidence that the developer's use of the surface materially interfered with the surface owner's use of the surface of the land. After such showing, the developer bears the burden of proof of showing that it met the standard set out in paragraph (a) of this subsection (3) and, if applicable, subsection (2) of this section. If a developer makes that showing, the surface owner may present rebuttal evidence.
(II) An operator may assert, as an affirmative defense, that it has conducted
geothermal resource development in accordance with a regulatory requirement, contractual obligation, or land use plan provision that specifically applies to the alleged intrusion or damage.
(d) Nothing in this section:
(I) Precludes or impairs any person from obtaining any and all other remedies
allowed by law;
(II) Prevents a developer and a surface owner from addressing the use of the
surface for geothermal resource development in a lease, surface use agreement, or other written contract; or
(III) Establishes, alters, impairs, or negates the authority of local and county
governments to regulate land use related to geothermal resource development.
Source: L. 83: Entire article added, p. 1420, � 1, effective June 10. L. 2010: (2)
amended and (3) added, (SB 10-174), ch. 189, p. 812, � 6, effective August 11. L. 2012: (1) amended, (SB 12-175), ch. 208, p. 886, � 159, effective July 1.
37-90.5-106. Regulation of geothermal resource operations - reinjection -
fees - rules - definition. (1) (a) (I) The state engineer and the state board of examiners of water well and ground heat exchanger contractors created in section 37-91-103 have the authority to regulate shallow geothermal operations and may adopt rules that regulate shallow geothermal operations.
(II) Before constructing a test bore, ground heat exchanger, monitoring well,
or production well or reworking an existing well associated with shallow geothermal operations, a person shall obtain an operations permit from the state engineer.
(III) The state engineer may adopt rules for the assessment of reasonable
fees for the processing and issuance of a permit pursuant to subsection (1)(a)(II) of this section.
(IV) The state engineer shall maintain a tributary geothermal notification list
for each water division.
(V) (A) An applicant for a new geothermal well permit withdrawing tributary
groundwater at a rate greater than fifty gallons per minute shall provide a copy of the application by electronic mail to all parties that have subscribed to the tributary geothermal notification list for the water division in which the well will be located and shall file proof of such notice with the state engineer.
(B) The state engineer shall allow the owners or operators of prior
geothermal operations, vested water rights, or wells thirty-five days after the date of the electronic mailing of the notice to submit a claim of material injury. Any such claim may request conditions to be imposed upon the well permit in order to prevent such injury and provide other information to be considered by the state engineer in reviewing the application.
(C) If an applicant proposes a geothermal well withdrawing tributary
groundwater at a rate greater than fifty gallons per minute, and the proposed well is in a hydrogeologic setting where it has the potential to materially injure a historic hot spring, the applicant shall provide geologic and hydrologic evidence to be considered by the state engineer. The evidence must demonstrate that the proposed well will not materially injure the historic hot spring. The state engineer shall amend the geothermal rules adopted pursuant to subsection (1)(a)(I) of this section to implement the requirements of this subsection (1)(a)(V)(C).
(b) (I) The commission has the exclusive authority to regulate deep
geothermal operations and may adopt rules that regulate deep geothermal operations.
(II) Prior to constructing a well associated with deep geothermal operations,
the owner or operator of the well shall obtain an operations permit from the commission.
(III) In issuing an operations permit pursuant to subsection (1)(b)(II) of this
section, the commission:
(A) May allow for the use of groundwater pursuant to section 37-90-137
(7.5)(a) as a material medium for allocated geothermal resources that have been determined to be nontributary pursuant to section 37-90.5-107 (1)(b); and
(B) Shall make a finding based upon available data that the proposed
operation will not materially injure a prior geothermal operation; and
(C) Shall require each applicant for a permit concerning deep geothermal
operations to provide notice of the application to the designated individuals of prior geothermal operations registered pursuant to subsection (7) of this section and located within one-fourth of a mile of the proposed deep geothermal operations.
(IV) The commission may adopt rules for the assessment of reasonable fees
for the processing and issuance of a permit pursuant to subsection (1)(b)(II) of this section.
(c) As used in this section, unless the context otherwise requires, material
injury to a prior geothermal operation includes injury to any aspect of the vested water rights of a prior geothermal operation, which may include water quantity, pressure, rate of flow, mineral content, or temperature. Regardless of whether water quantity, pressure, rate of flow, mineral content, or temperature are decreed, material injury to a prior geothermal operation also includes diminution or alteration of any such parameter that results in an adverse effect to a prior geothermal operation.
(2) (a) In exercising its regulatory authority pursuant to subsection (1)(b) of
this section, the commission shall adopt rules that:
(I) Protect public health, safety, and welfare, including the protection of the
environment and wildlife resources; and
(II) Avoid, minimize, or mitigate adverse impacts on disproportionately
impacted communities.
(b) (I) The commission shall not issue an operations permit pursuant to
subsection (1)(b)(II) of this section unless the applicant provides evidence to the commission that:
(A) The applicant has filed an application with the local government with
jurisdiction to approve the siting of the proposed deep geothermal operations, including the local government's disposition of the application; or
(B) The local government with jurisdiction to approve the siting of the
proposed deep geothermal operations does not regulate the siting of deep geothermal operations.
(II) Upon request by a local government, the commission shall provide
technical support to the local government concerning the implementation of the commission's rules pursuant to this section or the implementation by the local government of the commission's rules.
(c) The commission may enforce rules adopted pursuant to this subsection
(2) in accordance with section 34-60-121.
(3) Where the maintenance of underground pressures, the prevention of
subsidence, or the disposal of brines is necessary, reinjection of geothermal fluid or water may be required by the state engineer or the commission.
(4) The commission shall transfer all fees collected for permits issued by the
commission pursuant to subsection (1)(b)(IV) of this section to the state treasurer, who shall credit the fees to the energy and carbon management cash fund created in section 34-60-122 (5).
(5) Notwithstanding any provision of this section to the contrary, nothing in
this section affects the ownership, administration, or determination of water rights or rights to nontributary groundwater.
(6) (a) Except as set forth in subsection (6)(b)(II) of this section, the
commission is responsible for administering and enforcing any permits issued by the state engineer pursuant to this section that cover deep geothermal operations.
(b) The state engineer or the state board of examiners of water well and
ground heat exchanger contractors may exercise any power, duty, function, or obligation necessary to issue, administer, and enforce any permits or licenses that cover:
(I) Shallow geothermal operations; and
(II) The use of geothermal fluid in deep geothermal operations pursuant to
section 37-90.5-107, except for deep geothermal operations subject to section 37-90-137 (7.5)(a).
(7) (a) An owner or operator of a prior geothermal operation, or a government
entity with an interest in the public's enjoyment of a noncommercial geothermal hot spring, shall register with the state engineer:
(I) The location of the prior geothermal operation; and
(II) Designated individuals to receive electronic mail notifications from the
state engineer and the commission as described in section 37-90-137 (2) and subsection (1)(b)(III)(C) of this section.
(b) The state engineer shall add the designated individuals to the tributary
geothermal notification list described in subsection (1)(a)(IV) of this section for the water division in which the prior geothermal operation is located.
Source: L. 83: Entire article added, p. 1421, � 1, effective June 10. L. 2003: (1)
amended, p. 47, � 7, effective (see editor's note). L. 2023: Entire section R&RE, (SB 23-285), ch. 235, p. 1237, � 8, effective July 1. L. 2025: (1)(a)(I), (1)(a)(II), (1)(b)(III), (3), and (6) amended and (1)(a)(IV), (1)(a)(V), (1)(c), (2)(c), and (7) added, (HB 25-1165), ch. 257, p. 1306, � 14, effective August 6.
Editor's note: (1) Section 10 of chapter 7, Session Laws of Colorado 2003,
provides for an effective date of March 1, 2003; however, the Governor did not sign the act until March 5, 2003.
(2) Subsection (1)(a)(II) provided for the repeal of subsection (1)(a), effective
July 1, 2006. (See L. 2003, p. 47.)
Cross references: For the legislative declaration contained in the 2003 act
amending subsection (1), see section 1 of chapter 7, Session Laws of Colorado 2003. For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.
37-90.5-107. Permits for the use of geothermal resources - rules. (1) (a)
After receipt of the necessary application, the state engineer shall issue a use permit to use distributed geothermal resources consistent with the requirements described in section 37-90-107, 37-90-108, 37-90-109, 37-90-137, or 37-90.5-106.
(b) After receipt of the necessary application, the state engineer shall issue
a use permit to use allocated geothermal resources consistent with the requirements described in section 37-90-137 and after a determination that any associated geothermal fluid is nontributary groundwater. For the purposes of this section, this determination must rely on the definition of nontributary groundwater pursuant to section 37-90-103 (10.5) as determined by:
(I) A decree of the water court;
(II) A permit to construct a well to withdraw nontributary groundwater issued
by the state engineer pursuant to section 37-90-137;
(III) Rules adopted by the state engineer pursuant to section 37-90-137 (7)(c)
for produced water that apply to use permits that are limited to the use of water as a material medium as the only beneficial use of water; or
(IV) Rules adopted by the state engineer pursuant to subsection (6)(a) of this
section.
(2) The use of water as a material medium is recognized as a beneficial use.
(3) (a) Nondiversionary utilization methods do not require a use permit
pursuant to subsection (1) of this section but are subject to the rules adopted pursuant to section 37-90.5-106 (1)(a)(I) and (1)(b)(I); however, nothing in this subsection (3)(a) prevents the developer of a geothermal resource from establishing a water right based on the developer's actual utilization.
(b) Repealed.
(c) The use permit issued pursuant to subsection (1) of this section may be
waived by the state engineer for a diversionary utilization method that does not impair valid, prior water rights.
(d) Repealed.
(e) Notwithstanding any provision of this subsection (3) to the contrary, a
water right to use a distributed geothermal resource associated with tributary groundwater may be obtained only in water court and is subject to article 92 of this title 37. The beneficial use of energy extracted from geothermal fluid associated with a distributed geothermal resource is the basis, measure, and limit of the water right, and efficient application methods must be used for the use of energy to qualify as a beneficial use.
(4) Notwithstanding any provision of this section to the contrary, section 37-90-137 (4) applies to any beneficial use of allocated geothermal resources, except
for those operations described in section 37-90-137 (7.5)(a).
(5) The provisions of articles 90 and 92 of this title 37 relating to notice,
hearings, appeals, and the administration of water rights apply to all permitting actions by the state engineer pursuant to this section.
(6) (a) (I) The state engineer may adopt rules for the administration of this
section, including rules and procedures for the determinations described in subsection (1)(b) of this section.
(II) The state engineer's rule-making authority pursuant to subsection
(6)(a)(I) of this section includes the authority to adopt rules:
(A) Pursuant to which geothermal fluid, in whole or in part, is determined to
be nontributary pursuant to subsection (1)(b) of this section; and
(B) That provide rule-making and adjudicatory procedures for the
determinations described in subsection (6)(a)(II)(A) of this section that are made after the initial rule-making conducted pursuant to subsection (1)(b) of this section.
(b) In any rule-making proceeding conducted pursuant to this section, any
interested person has the right of cross-examination. Judicial review of any rules adopted pursuant to this section and any nontributary groundwater determinations made pursuant to subsection (1)(b) of this section must be in accordance with section 24-4-106; except that venue must be exclusively in the water court for the water division or divisions where the groundwater that is the subject of any applicable rule or determination is located.
(c) In any judicial action seeking to curtail or declare unlawful the
withdrawal, use, or disposal of groundwater pursuant to this section, there is a rebuttable presumption that any determination made by the state engineer pursuant to subsection (1)(b) of this section is valid.
(d) Any rules adopted pursuant to this section must not conflict with existing
laws and do not affect the validity of groundwater well permits existing prior to the adoption of the rules.
Source: L. 83: Entire article added, p. 1421, � 1, effective June 10. L. 92: (7)
amended, p. 2181, � 50, effective June 2. L. 2010: (8) amended, (SB 10-174), ch. 189, p. 813, � 7, effective August 11. L. 2012: IP(3) amended, (SB 12-175), ch. 208, p. 886, � 160, effective July 1. L. 2023: Entire section amended, (SB 23-285), ch. 235, p. 1239, � 9, effective July 1. L. 2025: (1)(a) and (4) amended and (3)(b) and (3)(d) repealed, (HB 25-1165), ch. 257, p. 1308, � 15, effective August 6.
Cross references: For the legislative declaration in HB 25-1165, see section 1
of chapter 257, Session Laws of Colorado 2025.
37-90.5-108. Geothermal management districts. (1) The state engineer
may adopt procedures that establish geothermal management districts applicable to distributed geothermal resources. In geothermal management districts, the state engineer may:
(a) Control well-spacing and production rates;
(b) Control the quantity of geothermal fluid extracted from distributed
geothermal resources by methods and procedures that the state engineer deems appropriate, including requirements to reinject; and
(c) Adopt a comprehensive plan for the most efficient use of distributed
geothermal resources, guided by the principles of equitable apportionment, maximum economic recovery, and prevention of waste.
(2) The state engineer may delegate some or all of his authority under this
section to a geothermal management district upon finding that the district has adequate organization and capability to administer an acceptable management plan.
(3) The state engineer shall notify the commission of any application for a
geothermal management district that is anticipated to affect deep geothermal operations.
Source: L. 83: Entire article added, p. 1422, � 1, effective June 10. L. 2023:
IP(1), (1)(b), and (1)(c) amended and (3) added, (SB 23-285), ch. 235, p. 1242, � 10, effective July 1.
37-90.5-109. Geothermal resource units - rules. (1) The commission may
adopt procedures by rule to establish geothermal resource units applicable to allocated geothermal resources. In its regulation of geothermal resource units, the commission may:
(a) Control well-spacing and production rates;
(b) Control the quantity of geothermal fluid extracted from allocated
geothermal resources by methods and procedures that the commission deems appropriate, including requirements to reinject;
(c) Adopt a comprehensive unit plan that encourages sustainable use of
allocated geothermal resources; and
(d) Require equitable compensation to any impacted owner of an allocated
geothermal resource.
(2) Notwithstanding any provision of this section to the contrary, nothing in
this section affects the ownership, administration, aggregation, or determination of water rights.
Source: L. 2023: Entire section added, (SB 23-285), ch. 235, p. 1242, � 11,
effective July 1.
37-90.5-110. Geothermal resource studies - report - repeal. (Repealed)
Source: L. 2023: Entire section added, (SB 23-285), ch. 235, p. 1242, � 11,
effective July 1.
Editor's note: Subsection (3) provided for the repeal of this section, effective
July 1, 2025. (See L. 2023, p. 1242.)
37-90.5-111. Coordination between the commission and the state engineer.
(1) When an operations permit is issued by the commission pursuant to section 37-90.5-106 (1)(b)(II) and a use permit is issued by the state engineer pursuant to section 37-90.5-107 (1), the commission and the state engineer shall coordinate to:
(a) Ensure that any applicable requirements of the commission and the state
engineer are met; and
(b) Determine whether an accounting for the use and reinjection of
geothermal fluid or water pursuant to the applicable permit may be submitted to only the commission, only to the state engineer, or to both.
Source: L. 2023: Entire section added, (SB 23-285), ch. 235, p. 1243, � 11,
effective July 1. L. 2025: (1)(b) amended, (HB 25-1165), ch. 257, p. 1309, � 16, effective August 6.
Cross references: For the legislative declaration in HB 25-1165, see section 1
of chapter 257, Session Laws of Colorado 2025.
ARTICLE 91
Water Well Construction and
Pump Installation Contractors
C.R.S. § 37-91-103
37-91-103. State board of examiners of water well and ground heat exchanger contractors. (1) (a) The state board of examiners of water well and ground heat exchanger contractors is created in the division of water resources within the department of natural resources. The board includes the following six individuals:
(I) The state engineer or the state engineer's designee;
(II) A representative of the department of public health and environment
designated by the executive director of the department; and
(III) Four members appointed by the governor, two of whom shall be well
construction contractors or pump installation contractors, each with a minimum of ten years' experience in the well construction or pump installation business preceding the individual's appointment, one of whom shall be an engineer or geologist with a minimum of ten years' experience in water supply and well construction preceding the individual's appointment, and one of whom shall be an individual with a minimum of ten years' experience relating to ground heat exchangers preceding the individual's appointment.
(b) The state board of examiners of water well and ground heat exchanger
contractors is a type 1 entity, as defined in section 24-1-105.
(2) All members shall be appointed for four-year terms, but no member shall
be reappointed to or serve more than two consecutive four-year terms. Any vacancy occurring in the board membership of the governor's appointees, other than by expiration, shall be filled by the governor by appointment for the unexpired term. Members shall serve without compensation but shall be reimbursed for actual expenses necessarily incurred in their official business.
(3) The board shall meet at least once every three months and as it deems
necessary or advisable. Board meetings may be called at any time on order of the chair or vice-chair or any four members of the board. The board shall determine the time and place of all meetings, but at least one meeting every three months shall be held in Denver. Four members of the board constitute a quorum, and the affirmative vote of at least four members is required to pass any action or motion of the board. The board may adopt bylaws to govern its own procedure.
Source: L. 67: p. 693, � 3. C.R.S. 1963: � 148-20-3. L. 68: p. 129, � 142. L. 85:
(1) amended, p. 1182, � 4, effective July 1. L. 2003: (2) and (3) amended, p. 1677, � 3, effective May 14. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3410, � 170, effective August 10. L. 2025: (1) and (3) amended, (HB 25-1165), ch. 257, p. 1312, � 19, effective August 6.
Cross references: (1) For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Moderization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
(2) For the legislative declaration in HB 25-1165, see section 1 of chapter
257, Session Laws of Colorado 2025.
C.R.S. § 37-91-104
37-91-104. Duties of the board. (1) The board shall:
(a) Be responsible for the administration of this article and, with respect to
such administration, shall enforce the provisions of this article and any rules adopted pursuant thereto and shall take such other actions as may be reasonably necessary to carry out the provisions of this article;
(b) Have general supervision and authority over the construction and
abandonment of wells, construction and abandonment of ground heat exchangers, and the installation of pumping equipment, as provided by sections 37-91-109 and 37-91-110;
(c) Adopt, and from time to time revise, such rules, not inconsistent with law,
as may be necessary to effectuate the provisions of this article, all such rules to be adopted in accordance with article 4 of title 24, C.R.S.;
(d) Employ, within funds available, personnel necessary for the proper
performance of its work under this article;
(e) Examine for, deny, approve, revoke, suspend, and renew the licenses of
applicants and licensees as provided in this article;
(f) Conduct hearings upon its own motion or upon receipt of written
complaints with respect to any licensee under this article and with respect to the denial, revocation, or suspension of a license, all such hearings to be conducted in conformity with article 4 of title 24, C.R.S. The board may have such hearings conducted before a hearing officer or administrative law judge from the department of personnel designated by the board, who is technically qualified to conduct or assist in such hearings and who may be a member of the board.
(g) Repealed.
(h) Cause the prosecution and enjoinder of all persons violating this article;
(i) Disseminate information to pump installation contractors, ground heat
exchanger contractors, and well construction contractors in order to protect and preserve the groundwater resources of the state;
(j) Promulgate rules and regulations pursuant to article 4 of title 24, C.R.S.,
to allow certain types of monitoring and observation wells, dewatering wells, and test holes to be constructed, utilized, and abandoned by other than a well construction contractor;
(k) Adopt, and revise as necessary, such rules regarding the construction,
use, and abandonment of monitoring and observation wells, dewatering wells, and test holes necessary to safeguard the public health of the people of Colorado. All such rules shall be adopted in accordance with article 4 of title 24, C.R.S. The board may require that such wells or holes be designed, constructed, used, or abandoned by a licensed professional engineer, professional geologist, licensed well construction contractor, or anyone directly employed by or under the supervision of one of these individuals.
(l) (I) Assure protection of groundwater resources and the public health by
ordering the nondestructive investigation, abandonment, repair, drilling, redrilling, casing, recasing, deepening, or excavation of a well or ground heat exchanger where the board finds such an order necessary to correct violations of this article 91 or rules adopted by the board pursuant to this article 91 or to protect groundwater resources and the public health.
(II) An existing well or ground heat exchanger that was constructed in
compliance with the laws and regulations in effect at the time of its construction is not required to be repaired, redrilled, or otherwise modified to meet the current standards for well construction or ground heat exchanger construction contained in this article 91 or in rules adopted by the board pursuant to this article 91. The board may order any such well or ground heat exchanger that presents an imminent threat to public health or an imminent threat of groundwater contamination to be repaired or abandoned. Any remedial action required by the board for such a well or ground heat exchanger must be the minimum repair necessary to remove the threat to public health or of groundwater pollution. An order to abandon a well that is issued under this article 91 is not a determination of intent to abandon any water right associated with the well.
(2) The board may delegate to the state engineer the authority to perform
any of the duties of the board as set forth in this article, except those duties authorized in paragraphs (c), (e), (j), and (k) of subsection (1) of this section.
Source: L. 67: p. 693, � 4. C.R.S. 1963: � 148-20-4. L. 83: (1)(g) amended, p.
844, � 77, effective July 1. L. 85: (1)(b), (1)(f), and (1)(h) amended and (2) added, p. 1183, �� 5, 6, effective July 1. L. 87: (1)(f) amended, p. 976, � 99, effective March 13. L. 95: (1)(f) amended, p. 666, � 106, effective July 1. L. 96: (1)(g) repealed, p. 1216, � 5, effective August 7. L. 2003: (1)(l) added, p. 1677, � 4, effective May 14. L. 2004: (1)(k) amended, p. 1315, � 69, effective May 28. L. 2025: (1)(b), (1)(i), and (1)(l) amended, (HB 25-1165), ch. 257, p. 1312, � 20, effective August 6.
Editor's note: Subsections (1)(l)(I) and (1)(l)(II) were originally enacted as
subsections (1)(l) and (1)(m), respectively, in Senate Bill 03-045 but have been renumbered on revision for ease of location.
Cross references: (1) For the Information Coordination Act, its policy, and
the functions of the heads of principal departments, see � 24-1-136; for rule-making and licensing procedures by state agencies, see article 4 of title 24.
(2) For the legislative declaration contained in the 1996 act repealing
subsection (1)(g), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.
C.R.S. § 37-91-105
37-91-105. Licensing - registration of rigs. (1) Before contracting for the construction of a well, the installation of a ground heat exchanger, or the installation of pumping equipment, an individual shall obtain a license for one or more methods of well construction, ground heat exchanger installation, or pump installation from the board and shall secure a registration from the board for each well-drilling, ground heat exchanger, or pump-installing rig to be operated or leased by the individual or the individual's employee.
(2) The board shall issue a license to each applicant who files an application
upon a form and in such manner as the board prescribes, accompanied by such fees and bond as required by section 37-91-107, and who furnishes evidence satisfactory to the board that the applicant:
(a) Is at least twenty-one years of age;
(b) Is a citizen of the United States or has declared his intention to become a
citizen;
(c) (Deleted by amendment, L. 2003, p. 1678, � 5, effective May 14, 2003.)
(d) Has not less than two years' experience in the type of well construction
work, ground heat exchanger work, or pump installation work for which the applicant is initially applying for a license; however:
(I) An individual who is licensed in one or more methods of well construction
is eligible without further experience to take an examination to obtain a license for a different method of well construction;
(II) An individual who is licensed for installing one or more types of pumps is
eligible without further experience to take an examination to obtain a license for a different type of pump installation;
(III) An individual's education in an accredited program approved by the
board may substitute for well construction, ground heat exchanger installation, or pump installation experience upon application to and acceptance by the board; and
(IV) An individual's possession of a license for well construction may
substitute for ground heat exchanger installation experience upon application to and acceptance by the board.
(e) Demonstrates professional competence by passing a written and oral
examination prescribed by the board.
(2.5) The board shall issue a special license for the use of special equipment
or limited procedures in well construction, ground heat exchanger installation, or pump installation to each applicant who files an application upon a form and in such manner as the board prescribes, accompanied by such fees and bond as are required by section 37-91-107, and who furnishes evidence satisfactory to the board that the applicant meets the requirements established in subsection (2) of this section; except that a special licensee is not eligible to take an examination to obtain a license for a different method of well construction, ground heat exchanger installation, or pump installation unless the licensee has at least two years of experience in the method of well construction, ground heat exchanger installation, or pump installation for which the additional license is sought.
(3) Upon investigation of the application and other evidence submitted, the
board shall, not less than thirty days prior to the examination, notify each applicant that the application and evidence submitted for licensing is satisfactory and accepted, or unsatisfactory and rejected; if rejected, said notice shall state the reasons for such rejection.
(4) The place of examination shall be designated in advance by the board
and shall be given annually and at such other times as, in the opinion of the board, the number of applicants warrants.
(5) The examination must consist of an oral and written examination and
fairly test the applicant's knowledge and application of the following subjects, respectively, depending on the license type:
(a) For a well construction contractor license: Basics of drilling methods,
specific drilling methods, and basics of well construction and the applicant's knowledge and application of state laws and local ordinances concerning the construction of wells and rules adopted in connection with such laws and ordinances;
(b) For a pump installation contractor license: Basics of pump installation
methods, specific pump installation methods and associated pumping equipment, and the applicant's knowledge and application of state laws and local ordinances concerning the installation of pumping equipment and rules adopted in connection with such laws and ordinances; and
(c) For a ground heat exchanger contractor license: Basics of ground heat
exchanger installation, specific methods related to ground heat exchanger installation, and the applicant's knowledge and application of state laws and local ordinances concerning the installation of ground heat exchangers and rules adopted in connection with such laws and ordinances.
(6) If an applicant fails to receive a passing grade on the examination, the
applicant may reapply for examination after forty-five days and shall pay a reexamination fee upon such reapplication.
(7) Each licensee shall complete eight hours of continuing education as
approved by the board every year in order to maintain or renew a license.
(8) (a) Until the governor appoints to the board a member with ten or more
years of ground heat exchanger experience, and until the board adopts rules concerning the licensing of ground heat exchanger contractors, an individual operating pursuant to a permit issued from the state engineer may install ground heat exchangers in accordance with rules adopted by the state engineer pursuant to section 37-90.5-106.
(b) After the time frame described in subsection (8)(a) of this section, an
individual operating under a permit issued by the state engineer who applies for a ground heat exchanger contractor license is required to pass an oral examination pursuant to subsection (2)(e) of this section but is not required to:
(I) Demonstrate their experience pursuant to subsection (2)(d) of this section;
or
(II) Pass a written examination pursuant to subsection (2)(e) of this section.
Source: L. 67: p. 694, � 5. C.R.S. 1963: � 148-20-5. L. 73: p. 531, � 82. L. 85:
(1), (2)(d), and (4) to (6) amended, p. 1184, � 7, effective July 1. L. 89: (1) amended and (2.5) added, p. 1428, � 1, effective April 7. L. 2003: IP(2), (2)(c), (2)(d), and (6) amended and (7) added, p. 1678, � 5, effective May 14. L. 2025: (1), (2)(d), (2.5), (5), and (7) amended and (8) added, (HB 25-1165), ch. 257, p. 1313, � 21, effective August 6.
Cross references: (1) For the effect of a criminal conviction on employment
rights, see � 24-5-101.
(2) For the legislative declaration in HB 25-1165, see section 1 of chapter
257, Session Laws of Colorado 2025.
C.R.S. § 37-91-106
37-91-106. License - exemptions - rules.
(1) (Deleted by amendment, L. 2003, p. 1678, � 6, effective May 14, 2003.)
(2) A license is not required of any individual who performs labor or services
if the individual is directly employed by, or under the supervision of, a licensed well construction contractor, licensed ground heat exchanger contractor, or licensed pump installation contractor.
(3) Private drillers and private pump installers are exempt from all license
requirements under this article; except that such entities shall be required to comply with minimum construction standards as required by section 37-91-110 and the rules of the board.
(4) A license shall not be required of a professional engineer, professional
geologist, or professional hydrologist or anyone directly employed by, or under the supervision of, a professional engineer, professional geologist, or professional hydrologist for the purpose of sampling, measuring, or test-pumping for scientific, engineering, or regulatory purposes. The board may promulgate rules governing such sampling, measuring, or test-pumping, and all such sampling, measuring, or test-pumping shall be done in compliance with such rules.
Source: L. 67: p. 695, � 6. C.R.S. 1963: � 148-20-6. L. 85: Entire section
amended, p. 1184, � 8, effective July 1. L. 2003: (1), (3), and (4) amended, p. 1678, � 6, effective May 14. L. 2005: (3) amended, p. 157, � 1, effective April 5. L. 2025: (2) amended, (HB 25-1165), ch. 257, p. 1315, � 22, effective August 6.
Cross references: For the legislative declaration in HB 25-1165, see section 1
of chapter 257, Session Laws of Colorado 2025.
C.R.S. § 37-91-113
37-91-113. Well inspection program. (1) The state engineer shall monitor compliance with this article 91, including by inspecting water well construction, ground heat exchanger installation, and pump installation, and the state engineer may employ inspectors for this purpose. The costs of monitoring and inspection shall be paid from the well inspection cash fund created in section 37-80-111.5.
(2) Inspectors shall have the following qualifications, but need not be
licensed pursuant to this article 91:
(a) Knowledge of proper well construction, ground heat exchanger
installation, and pump installation techniques and practices;
(b) Drill site experience;
(c) Computer skills;
(d) Interpersonal skills; and
(e) Knowledge of all applicable statutes and rules.
(3) Inspectors shall annually spend a majority of their time conducting field
inspections and a minority of their time preparing and evaluating reports and related office work. Duties include the following:
(a) Well construction, ground heat exchanger installation, and pump
installation inspection and observation;
(b) Complaint investigation;
(c) Education and outreach;
(d) Inspection and observation of geotechnical wells, observation and
monitoring wells, dewatering wells, and test holes;
(e) Field inspections of existing wells, ground heat exchangers, and pumps;
(f) Field inspections of well, ground heat exchanger, and hole plugging and
abandonment; and
(g) Staff support for the state engineer and board.
Source: L. 2003: Entire section added, p. 1681, � 12, effective May 14. L.
2025: (1), IP(2), (2)(a), IP(3), (3)(a), (3)(e), and (3)(f) amended, (HB 25-1165), ch. 257, p. 1320, � 28, effective August 6.
Cross references: For the legislative declaration in HB 25-1165, see section 1
of chapter 257, Session Laws of Colorado 2025.
Water Right Determination and Administration
ARTICLE 92
Water Right Determination and Administration
Cross references: For the Colorado Rules of Civil Procedure that govern
proceedings under this article, see C.R.C.P. 87.
Law reviews: For article, Representing a Developer Purchaser of Water and
Water Rights, see 13 Colo. Law. 627 (1984); for article, Conditions in a Water Rights Augmentation Plan or Change Case, see 13 Colo. Law. 2039 (1984); for article, Plans and Studies: The Recent Quest for a Utopia in the Utilization of Colorado's Water Resources, see 55 U. Colo. L. Rev. 391 (1984); for article, Principles and Law of Colorado's Nontributary Ground Water, see 62 Den. U. L. Rev 809 (1985); for article, Indian Water Rights: Then and Now, see 15 Colo. Law. 1 (1986); for article, Area-of-Origin Protection in Transbasin Water Diversions: An Evaluation of Alternative Approaches, see 57 U. Colo. L. Rev. 527 (1986); for article, The Physical Solution in Western Water Law, see 57 U. Colo. L. Rev. 445 (1986); for article, Constitutional Limits on Police Power Regulation Affecting the Exercise of Water Rights, see 16 Colo. Law. 1626 (1987); for article, A Summary of Colorado Water Law, see 21 Colo. 63 (1992); for article, Water Law Requirements Affecting Environmental Compliance and Remediation Activities, see 22 Colo. Law. 299 (1993); for article, Absolute Ownership as a Prerequisite For a Change Decree, see 22 Colo. Law. 1915 (1993); for article, Historical Water Use and the Protection of Vested Rights: A Challenge for Colorado Water Law, see 69 U. Colo. L. Rev. 503 (1998); for article, Water Rights Title and Conveyancing, see 28 Colo. Law. 69 (May 1999); for comment, Safeguarding Colorado's Water Supply: The New Confluence of Title Insurance and Water Rights Conveyances, see 77 U. Colo. L. Rev. 491 (2006); for article, Reviving the Public Ownership, Antispeculation, and Beneficial Use Moorings of Prior Appropriation Water Law, see 84 U. Colo. L. Rev. 97 (2013); for article, A Roundtable Discussion on the No-Injury Rule of Colorado Water Law, see 44 Colo. Law. 87 (July 2015); for article, Water Law Basics for Real Estate Practitioners, see 44 Colo. Law. 63 (Nov. 2015); for article, Abandonment as It Relates to Adverse Possession of Water Rights, see 45 Colo. Law. 39 (Feb. 2016).
PART 1
GENERAL
C.R.S. § 37-92-102
37-92-102. Legislative declaration - basic tenets of Colorado water law. (1) (a) It is hereby declared to be the policy of the state of Colorado that all water in or tributary to natural surface streams, not including nontributary groundwater as that term is defined in section 37-90-103, originating in or flowing into this state have always been and are hereby declared to be the property of the public, dedicated to the use of the people of the state, subject to appropriation and use in accordance with sections 5 and 6 of article XVI of the state constitution and this article. As incident thereto, it is the policy of this state to integrate the appropriation, use, and administration of underground water tributary to a stream with the use of surface water in such a way as to maximize the beneficial use of all of the waters of this state.
(b) A stream system which arises as a natural surface stream and, as a
natural or man-induced phenomenon, terminates within the state of Colorado through naturally occurring evaporation and transpiration of its waters, together with its underflow and tributary waters, is a natural surface stream subject to appropriation as provided in paragraph (a) of this subsection (1).
(2) Recognizing that previous and existing laws have given inadequate
attention to the development and use of underground waters of the state, that the use of underground waters as an independent source or in conjunction with surface waters is necessary to the present and future welfare of the people of this state, and that the future welfare of the state depends upon a sound and flexible integrated use of all waters of the state, it is hereby declared to be the further policy of the state of Colorado that, in the determination of water rights, uses, and administration of water, the following principles shall apply:
(a) Water rights and uses vested prior to June 7, 1969, in any person by virtue
of previous or existing laws, including an appropriation from a well, shall be protected subject to the provisions of this article.
(b) The existing use of groundwater, either independently or in conjunction
with surface rights, shall be recognized to the fullest extent possible, subject to the preservation of other existing vested rights, but, at his own point of diversion on a natural watercourse, each diverter must establish some reasonable means of effectuating his diversion. He is not entitled to command the whole flow of the stream merely to facilitate his taking the fraction of the whole flow to which he is entitled.
(c) The use of groundwater may be considered as an alternate or
supplemental source of supply for surface decrees entered prior to June 7, 1969, taking into consideration both previous usage and the necessity to protect the vested rights of others.
(d) No reduction of any lawful diversion because of the operation of the
priority system shall be permitted unless such reduction would increase the amount of water available to and required by water rights having senior priorities.
(3) Further recognizing the need to correlate the activities of mankind with
some reasonable preservation of the natural environment, the Colorado water conservation board is hereby vested with the exclusive authority, on behalf of the people of the state of Colorado, to appropriate in a manner consistent with sections 5 and 6 of article XVI of the state constitution, such waters of natural streams and lakes as the board determines may be required for minimum streamflows or for natural surface water levels or volumes for natural lakes to preserve the natural environment to a reasonable degree. In the adjudication of water rights pursuant to this article and other applicable law, no other person or entity shall be granted a decree adjudicating a right to water or interests in water for instream flows in a stream channel between specific points, or for natural surface water levels or volumes for natural lakes, for any purpose whatsoever. The board also may acquire, by grant, purchase, donation, bequest, devise, lease, exchange, or other contractual agreement, from or with any person, including any governmental entity, such water, water rights, or interests in water that are not on the division engineer's abandonment list in such amount as the board determines is appropriate for streamflows or for natural surface water levels or volumes for natural lakes to preserve or improve the natural environment to a reasonable degree. At the request of any person, including any governmental entity, the board shall determine in a timely manner, not to exceed one hundred twenty days unless further time is granted by the requesting person or entity, what terms and conditions it will accept in a contract or agreement for such acquisition. Any contract or agreement executed between the board and any person or governmental entity that provides water, water rights, or interests in water to the board shall be enforceable by either party thereto as a water matter under this article, according to the terms of the contract or agreement. The board shall adopt criteria for evaluating proposed contracts or agreements for leases or loans of water, water rights, or interests in water under this subsection (3), including, but not limited to, criteria addressing public notice, the extent to which the leased or loaned water will benefit the natural environment to a reasonable degree, and calculation of the compensation paid to the lessor of the water based upon the use of the water after the term of the lease. As a condition of approval of a proposed contract or agreement for a lease or loan of water, water rights, or interests in water pursuant to this subsection (3), the board shall obtain confirmation from the division engineer that the proposal is administrable and is capable of meeting all applicable statutory requirements. All contracts or agreements entered into by the board for leases or loans of water, water rights, or interests in water pursuant to this subsection (3) shall require the board to maintain records of how much water the board uses under the contract or agreement each year it is in effect and to install any measuring devices deemed necessary by the division engineer to administer the contract or agreement and to measure and record how much water flows out of the reach after use by the board under the contract or agreement, unless a measuring device already exists on the stream that meets the division engineer's requirements. All contracts or agreements for water, water rights, or interests in water under this subsection (3) shall provide that, pursuant to the water court decree implementing the contract or agreement, the board or the lessor, lender, or donor of the water may bring about beneficial use of the historical consumptive use of the leased, loaned, or donated water right downstream of the instream flow reach as fully consumable reusable water. The board shall file a change of water right application or other application with the water court to obtain a decreed right to use water for instream flow purposes under a contract or agreement for a lease or loan of water, water rights, or interests in water pursuant to this subsection (3). The resulting water court decree shall quantify the historical consumptive use of the leased or loaned water right and determine the method by which the historical consumptive use should be quantified and credited during the term of the agreement for the lease or loan of the water right. Said method shall recognize the actual amount of consumptive use available under the leased or loaned water right and shall not result in a reduction of the historical consumptive use of that water right during the term of the lease or loan, except to the extent such reduction is based upon the actual amount of water available under said rights. All water rights under such decrees shall be administered in priority. The board may not accept a donation of water rights that either would require the removal of existing infrastructure without approval of the current owner of such infrastructure or that were acquired by condemnation. The board may use any funds available to it for acquisition of water rights and their conversion to instream flow rights. The board may initiate such applications as it determines are necessary or desirable for utilizing water, water rights, or interests in water appropriated, acquired, or held by the board, including applications for changes of water rights, exchanges, or augmentation plans. Prior to the initiation of any such appropriation or acquisition, the board shall request recommendations from the division of parks and wildlife. The board also shall request recommendations from the United States department of agriculture and the United States department of the interior. Nothing in this article shall be construed as authorizing any state agency to acquire water by eminent domain or to deprive the people of the state of Colorado of the beneficial use of those waters available by law and interstate compact. Nothing in this subsection (3) shall impact section 37-60-121 (2.5). Any appropriation made pursuant to this subsection (3) shall be subject to the following principles and limitations:
(a) Any such appropriation which is based upon water imported from one
water division to another by some other appropriator shall not, as against the appropriator of such imported water or his successor in interest, constitute a claim, bar, or use for any purpose whatsoever.
(b) Any such appropriation shall be subject to the present uses or exchanges
of water being made by other water users pursuant to appropriation or practices in existence on the date of such appropriation, whether or not previously confirmed by court order or decree.
(c) Before initiating a water rights filing, the board shall determine that the
natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; that there is a natural environment that can be preserved to a reasonable degree with the board's water right, if granted; and that such environment can exist without material injury to water rights.
(c.5) Notwithstanding section 37-92-103 (6), as to any application filed by
the board on or after July 1, 1994, the board may not acquire conditional water rights or change conditional water rights to instream flow uses.
(d) Nothing in this section is intended or shall be construed to allow
condemnation by this state or any person of easements or rights-of-way across private lands to gain access to a segment of a stream or lake where a water right decree has been awarded to the Colorado water conservation board.
(e) All recommendations, including those of the United States, which are
transmitted to the board for water to be retained in streams or lakes to preserve the natural environment to a reasonable degree must be made with specificity and in writing in order that any appropriation made by the board may be integrated into the statewide system for the administration of water rights. Filings for appropriations by the board shall be consistent with other appropriations and with the requirements of this article.
(4) Any appropriation made pursuant to subsection (3) of this section shall
also be subject to the following principles and limitations:
(a) Utilizing a public notice and comment procedure, the board, in its
discretion, may determine whether or not to appropriate minimum streamflows or natural lake levels, or decrease such an appropriation, to preserve the natural environment to a reasonable degree. The board may adopt conditions attached to an appropriation or decreased appropriation, may file or withdraw statements of opposition in water court cases, and enter into stipulations for decrees or other forms of contractual agreements, including enforcement agreements, that it determines will preserve the natural environment to a reasonable degree. All contractual agreements and stipulations entered into by the board prior to May 23, 1996, regarding enforcement of its appropriations shall be given full force and effect. Any increase to an existing minimum streamflow or natural lake level appropriation or decree shall be made as a new appropriation.
(b) (I) Except as provided pursuant to paragraph (d) of this subsection (4), if
the board determines that it is appropriate to consider decreasing an existing decreed appropriation, the board shall proceed through an adequate public notice and comment process to consider such decrease at a public meeting.
(II) For the purposes of this paragraph (b), adequate public notice and
comment process shall include the following:
(A) Notice of the proposed decrease and the date of the public meeting at
which it will first be considered shall be printed in the resume in the water court having jurisdiction over the decree that is the subject of the decrease. The first public meeting of the board at which the decrease is to be considered shall occur at least sixty-three days after the month in which the resume is published. Notice shall also be published in a newspaper of statewide distribution within thirty-five to forty-nine days prior to such first public meeting.
(B) If the board decides at such first public meeting to consider the proposed
decrease, the board shall announce publicly the date of a subsequent public meeting for such purpose.
(C) On the written request of any person made within thirty-five days after
the date of the first public meeting, the board shall delay the subsequent public meeting for up to one year to allow such person the opportunity for the collection of scientific data material to the proposed decrease. Such request may not be interposed solely for delay of the proceedings.
(D) On the written request of any person made within thirty-five days after
the date of the first public meeting, the board shall, within sixty-three days after such request, establish fair and formal procedures for the subsequent public meeting, including the opportunity for reasonable disclosure, discovery, subpoenas, direct examination, and cross examination, and may promulgate rules that will assure orderly procedures. Subject to these rights and requirements, where a meeting will be expedited and the interests of the participants will not be substantially prejudiced thereby, the board may receive all or part of the evidence in written form.
(III) The board's final written determination regarding the decrease shall
state its effective date, be mailed promptly to the persons who appeared by written or oral comment at the board's proceeding, and be filed promptly with the water court. Within thirty-five days after such effective date, any person who appeared by written or oral comment at the board's proceeding may file with the water court and serve the board a petition for judicial review of the board's determination that the decreed appropriation as decreased will preserve the natural environment to a reasonable degree, based on the administrative record and utilizing the criteria of section 24-4-106 (6) and (7), C.R.S. Any such person may request a stay in accordance with the criteria of section 24-4-106 (5), C.R.S., pending the review proceeding. If no petition is filed, the court shall promptly enter an order decreasing the board's appropriation decree in accordance with the board's written determination. If a petition is filed, the court shall promptly order briefing and oral argument and render its decision to affirm or set aside the board's determination. If the board's determination is affirmed, the court shall promptly enter an order decreasing the board's appropriation decree in accordance with the board's written determination. If the board's determination is set aside, the court shall enter its order of relief under the provisions of section 24-4-106 (7), C.R.S. Appellate review of the court's order shall be as allowed in other water matters.
(c) The board's determinations regarding the matters to be determined by
the board under paragraph (c) of subsection (3) of this section and paragraph (d) of this subsection (4) for new appropriations shall be subject to judicial review in the water court application and decree proceedings initiated by the board, based on the board's administrative record and utilizing the criteria of section 24-4-106 (6) and (7), C.R.S. The board may file applications for changes of water rights and augmentation plans, and the water court shall determine matters that are within the scope of section 37-92-305.
(d) The board may participate in the recovery implementation program for
endangered fish species in the upper Colorado river basin and appropriate and obtain decrees for minimum instream flows or natural lake levels, including decree provisions for modification and enforcement, the implementation of which shall not be subject to paragraph (b) of this subsection (4), as it determines will preserve the natural environment of the Colorado river endangered fish within Colorado to a reasonable degree while protecting existing uses within Colorado and not depriving the people of the state of Colorado of the beneficial use of those waters available by law and interstate compact.
(e) Sub-subparagraphs (A) and (C) of subparagraph (II) of paragraph (b) of
this subsection (4) shall not apply to the board's consideration of any proposed decrease which was included in a meeting notice and agenda issued by the board prior to May 23, 1996, whether or not the board had scheduled or taken any action on the proposal by such date. Sub-subparagraph (D) of subparagraph (II) of paragraph (b) of this subsection (4) shall not apply to such a proposal so long as the board establishes fair and formal procedures pursuant to such sub-subparagraph (D) at or before the first public meeting thereon for any subsequent public meeting, including the opportunity for reasonable disclosure, discovery, subpoenas, direct examination, and cross examination of witnesses. All other provisions in paragraph (b) of this subsection (4) shall apply to any decrease after May 23, 1996.
(4.5) Plan for augmentation to augment streamflows. (a) Legislative
declaration. The general assembly hereby finds, determines, and declares that the Colorado water conservation board would benefit from direction with regard to water court applications for plans for augmentation to augment streamflows, as identified in subsection (3) of this section.
(b) Plan approval. To obtain a decreed plan for augmentation, the board,
either as sole applicant or together with an owner of a decreed water right for which a change of water rights to include any augmentation use has been judicially approved, must file an application with the water court for approval of a plan for augmentation to augment streamflows and protect augmentation deliveries made pursuant to the plan for augmentation within a specific stream reach or reaches, at rates the board determines are appropriate to preserve or improve the natural environment to a reasonable degree. The application and approval process for a plan for augmentation to augment streamflows are subject to the following principles and limitations:
(I) The board may file an application only if the owner of the water right that
is decreed for augmentation use is identified in the application and consents to the application.
(II) The procedures, standards, and requirements of this article 92 for plans
for augmentation apply to applications filed under this subsection (4.5).
(III) A plan filed under this subsection (4.5) must use, for augmentation only,
water rights:
(A) For which the historical consumptive use has been quantified; and
(B) For which a change of water rights to include any augmentation use has
been judicially approved.
(IV) If the augmentation water right meets the requirements of subsection
(4.5)(b)(III) of this section, no further change of that augmentation water right is required.
(V) The use of water as part of a plan for augmentation to augment
streamflows is subject to the terms and conditions of any applicable decree to which that water is subject.
(VI) Additional terms and conditions must be imposed on the use of water as
part of a plan for augmentation to augment streamflows as necessary to prevent injury to the owners of vested water rights or decreed conditional water rights. The terms and conditions must include terms and conditions to prevent injury to other water rights that result from any change in the time, place, or amount of water available for diversion or exchange to the extent that other appropriators have relied upon the stream conditions that resulted from the historical use of the augmentation water rights described in subsection (4.5)(b)(III) of this section or added pursuant to section 37-92-305 (8)(c) before their use in the plan for augmentation of streamflows. A junior appropriator is entitled to the continuation of stream conditions as the conditions existed at the time of the junior appropriator's appropriation.
(VII) An applicant must prove that the plan for augmentation to augment
streamflows will not injure other water users' undecreed existing exchanges of water to the extent the undecreed existing exchanges of water have been administratively approved before the date of the filing of the application for approval of the plan for augmentation to augment streamflows.
(VIII) The augmentation water used to augment streamflows in a plan for
augmentation to augment streamflows shall not be diverted within the specific stream reach by an exchange, plan for substitution, plan for augmentation, or other means that cause a reduction of the augmentation water added to that stream reach. The augmentation water is subject to such reasonable transit losses as may be imposed by the water court or the state and division engineers.
(IX) If operation of a plan for augmentation requires the use of, or making of
physical modifications to, an existing diversion structure within a stream reach to allow the augmentation water to bypass the structure, the operator of the plan must have consent from the owner of the existing structure and bear all reasonable construction costs associated with any physical modifications and all reasonable operational and maintenance costs incurred by the owner of the structure that would not have been incurred in the absence of the physical modifications to the structure.
(c) Saving clause. This subsection (4.5):
(I) Does not impair or in any way affect any water court decree,
administrative authorization, or agreement that allows water decreed for environmental, piscatorial, water quality, recreational, or other in-channel purposes to be used in the natural stream channel for the decreed purposes;
(II) Is not intended to be the exclusive means of authorizing water decreed
for augmentation purposes to be used for environmental, piscatorial, water quality, recreational, or other in-channel purposes, including the maintenance of dominion and control over the water released from a specific reservoir;
(III) Does not authorize, restrict, or preclude future water rights
appropriations, administrative authorizations, or other agreements for the purposes listed in this subsection (4.5); and
(IV) Does not affect applications by the Colorado water conservation board
for plans for augmentation not described in this subsection (4.5).
(5) Within thirty-five days after initiating any water rights filing for the
adjudication of a recreational in-channel diversion, any county, municipality, city and county, water district, water and sanitation district, water conservation district, or water conservancy district shall submit a copy of the water rights application to the board for review.
(6) (a) (Deleted by amendment, L. 2006, p. 906, � 1, effective May 11, 2006.)
(b) The board, after deliberation in a public meeting, shall consider the
following factors and make written findings as to each:
(I) Whether the adjudication and administration of the recreational in-channel diversion would materially impair the ability of Colorado to fully develop
and place to consumptive beneficial use its compact entitlements;
(II) and (III) (Deleted by amendment, L. 2006, p. 906, � 1, effective May 11,
2006.)
(IV) Whether exercise of the recreational in-channel diversion would cause
material injury to instream flow water rights appropriated pursuant to subsections (3) and (4) of this section; and
(V) Whether adjudication and administration of the recreational in-channel
diversion would promote maximum utilization of waters of the state.
(VI) (Deleted by amendment, L. 2006, p. 906, � 1, effective May 11, 2006.)
(c) Within ninety days after the filing of statements of opposition, the board
shall report its findings to the water court for review pursuant to section 37-92-305 (13). The board may fully participate in the water court proceedings.
(d) Nothing in subsection (5) of this section or this subsection (6) shall apply
in any way to any application for a water right or conditional water right for recreational in-channel diversion purposes that was filed prior to January 1, 2001.
(e) Nothing in subsection (5) of this section or this subsection (6) shall apply
in any way to any water right or conditional water right for recreational in-channel diversion purposes for which a decree was entered prior to June 5, 2001, including any proceeding concerning diligence on such conditional water right or any proceeding to make such conditional water right absolute.
(7) Water users served by a provider of municipal or industrial water supplies
may use graywater and install graywater treatment works, as those terms are defined in section 25-8-103 (8.3) and (8.4), C.R.S., if:
(a) The use of graywater is limited to the confines of the operation that
generates the graywater;
(b) Graywater is used for purposes that are permissible under the
municipality's or water district's water rights; and
(c) Graywater is used in compliance with the requirements of section 25-8-205 (1)(g), C.R.S.
(8) Reservoir releases for fish and wildlife mitigation - definitions. (a) The
general assembly hereby finds, determines, and declares that:
(I) Allowing the owner of a water storage right that allows water to be stored
in new reservoir capacity to contract with the board to dedicate to the board water stored under the water storage right for release from the new reservoir capacity to reasonably avoid, minimize, or mitigate impacts of the new reservoir capacity on fish and wildlife resources within an identified stream reach may enable the owner of the water storage right to comply with mitigation measures identified in a fish and wildlife mitigation plan approved under section 37-60-122.2;
(II) Accordingly, for the limited purpose of providing additional methods to
comply with a fish and wildlife mitigation plan approved under section 37-60-122.2, it is appropriate to create a water court process to allow the owner of a water storage right that allows water to be stored in new reservoir capacity, a portion of which water will then be dedicated to the board, to:
(A) Obtain protection for water to be released from the new reservoir
capacity, up to the amount of water that is appropriate for streamflows to preserve or improve the natural environment to a reasonable degree within the qualifying stream reach; and
(B) Maintain dominion and control over the released water through a
qualifying stream reach;
(III) The released water subject to a protected mitigation release authorized
under this subsection (8) must be rediverted at or below the downstream termination point of the qualifying stream reach, either directly at a surface point of diversion or by a decreed exchange as permitted in this subsection (8) for use by an owner for the decreed beneficial uses of that water storage right;
(IV) Except as otherwise provided in this subsection (8), the contractual
dedication to the board must comply with the procedures and protections for other water rights specified in subsection (3) of this section;
(V) The water court process and resulting decree must ensure that:
(A) Protected mitigation releases do not expand the water storage right that
is to provide the water for the protected mitigation releases or injure other water rights;
(B) The protected mitigation releases will be protected through the
qualifying stream reach up to the amount of water that is appropriate for streamflows to preserve or improve the natural environment to a reasonable degree within the qualifying stream reach; and
(C) Diversions of the protected mitigation releases within the qualifying
stream reach by exchanges, substitution plans, augmentation plans, or other means that cause a reduction in the protected mitigation releases within the qualifying stream reach, other than reductions caused by evaporation, transportation, and other losses, will be prevented; and
(VI) Through the dedication of the protected mitigation releases to the board
under the procedures set forth in subsection (3) of this section, except as otherwise provided in this subsection (8), and through the water court decree approving the protected mitigation releases, the protected mitigation releases will serve a secondary instream beneficial use, specifically the preservation or improvement of the natural environment to a reasonable degree within the qualifying stream reach.
(b) As used in this subsection (8):
(I) Board means the Colorado water conservation board created in section
37-60-102.
(II) Mitigation release means:
(A) The release of water from a water storage right stored in new reservoir
capacity into a qualifying stream reach to reasonably avoid, minimize, or mitigate the impacts of the new reservoir capacity on fish and wildlife resources within the qualifying stream reach in accordance with a fish and wildlife mitigation plan approved under section 37-60-122.2; and
(B) The rediversion of the released water at or below the downstream
termination point of the qualifying stream reach, either directly at a surface point of diversion or by a decreed in-priority exchange to an exchange-to point identified in the decreed in-priority exchange that is outside of the qualifying stream reach, for use by an owner for the decreed beneficial uses of that water storage right.
(III) New reservoir capacity means additional water storage capacity
resulting from the construction of a new reservoir or a physical enlargement of an existing reservoir if the construction or physical enlargement is completed on or after August 8, 2018.
(IV) Owner means the person that owns the water storage right that is to
provide the water for a protected mitigation release, and, in the case of a water storage right owned by a water conservancy district, water conservation district, municipality, special district, or mutual ditch company, includes the residents, allottees, members, customers, shareholders, or member ditch companies of that entity; and, in the case of a water storage right owned by an irrigation district, includes the landowners within the district.
(V) Protected mitigation release means the amount of water to be released
for a mitigation release that:
(A) The board determines is appropriate for streamflows to preserve or
improve the natural environment to a reasonable degree within an identified qualifying stream reach;
(B) Is approved by a water court decree pursuant to this subsection (8); and
(C) Is protected from diversion, exchange, or use by holders of conditional or
vested water rights or other persons that cause a reduction in the protected mitigation release at any location within the qualifying stream reach, other than any reductions caused by evaporation, transportation, and other losses.
(VI) Qualifying stream reach means all or a portion of a natural stream of
the state that is identified in a fish and wildlife mitigation plan approved under section 37-60-122.2 and within which the board determines, and the water court decree approves in accordance with this subsection (8), that water from a protected mitigation release is appropriate for streamflows to preserve or improve the natural environment to a reasonable degree. A qualifying stream reach must be identified by an upstream point at which the protected mitigation release enters the natural stream and a downstream termination point.
(VII) Surface point of diversion means a structure that diverts surface
water only. Surface point of diversion does not include:
(A) A structure that diverts groundwater, whether through a well, infiltration
gallery, or other type of groundwater diversion structure; or
(B) Delivery into a facility used to recharge an alluvial aquifer.
(c) (I) An owner may, in accordance with and after complying with the
requirements of this subsection (8), make a protected mitigation release.
(II) Holders of conditional or vested water rights or other persons shall not
divert, exchange upon, or use a protected mitigation release within the qualifying stream reach unless the diversion, exchange, or use is fully augmented so that there is no reduction in the protected mitigation release at any location within the qualifying stream reach, other than reductions caused by evaporation, transportation, and other losses.
(III) The state engineer shall administer protected mitigation releases made
in accordance with this subsection (8) and the terms and conditions of decrees approving protected mitigation releases.
(IV) (A) Except for reductions caused by evaporation, transportation, and
other losses, and subject to subsections (8)(c)(IV)(B) and (8)(c)(IV)(C) of this section, an owner shall: Redivert all protected mitigation releases at or below the downstream termination point of the qualifying stream reach, either directly at a surface point of diversion or by a decreed in-priority exchange to an exchange-to point identified in the decreed in-priority exchange that is outside of the qualifying stream reach; and apply the water to the decreed beneficial uses of the water storage right that provides the water for the protected mitigation release.
(B) Except as provided in subsection (8)(c)(IV)(C) of this section, an owner
may redivert water associated with protected mitigation releases in accordance with subsection (8)(c)(IV)(A) of this section by exchange into storage, which exchange shall be administered with a priority date no earlier than the date of approval of the fish and wildlife mitigation and enhancement plan pursuant to section 37-60-122.2, and subsequently apply the water to the decreed beneficial uses of the water storage right that provides the water for the protected mitigation release.
(C) An owner shall not redivert water associated with protected mitigation
releases by exchange through all or a portion of the qualifying stream reach or to the reservoir of origin.
(V) Water present in the qualifying stream reach, other than the protected
mitigation releases, remains available to other water users for beneficial uses and may be diverted and beneficially used by other water users in accordance with the priority system and any relevant decree.
(VI) The procedures set forth in this subsection (8) apply only to the
adjudication of proposed protected mitigation releases from new reservoir capacity and do not alter the procedures or legal standards applicable to any other type of water court application.
(VII) An application for approval of a proposed protected mitigation release
filed in accordance with this subsection (8) must not include, and shall not be consolidated or joined with, any other water court application.
(d) An owner that intends to make protected mitigation releases in
accordance with this subsection (8) shall, before any such releases may be administered as protected mitigation releases:
(I) Dedicate the proposed protected mitigation releases to the board by
grant, donation, or other contractual agreement in accordance with subsections (3) and (8)(e) of this section;
(II) Agree to make the proposed protected mitigation releases available to
the board within the qualifying stream reach;
(III) With the board as a co-applicant, file an application in water court in the
water division in which the new reservoir capacity is located, seeking approval of the proposed protected mitigation releases, by the last day of the twelfth month following the month in which the new reservoir capacity is certified for storage by the state engineer; except that an application must not include any other claim for relief; and
(IV) Obtain a final water court decree approving the protected mitigation
releases.
(e) (I) Except as otherwise provided in this subsection (8)(e), a dedication to
the board pursuant to subsection (8)(d)(I) of this section of an interest in water yielded from a water storage right that will be stored in new reservoir capacity is subject to subsection (3) of this section for the dedication of an interest in water to the board, including the requirement in subsection (3) of this section that the board make a determination that the proposed protected mitigation releases are appropriate for streamflows to preserve or improve the natural environment to a reasonable degree within the qualifying stream reach.
(II) The board's contractual interest in water acquired in accordance with this
subsection (8) may be yielded from a water right that is either absolute or conditional at the time of acquisition.
(III) To obtain a decreed right to use proposed protected mitigation releases
for instream flow purposes, the owner and the board need not file an application with the water court to change the water storage right from which the proposed protected mitigation releases are to be made.
(IV) The board need not hold a decreed appropriation for instream flows
within the qualifying stream reach as a prerequisite for an owner to dedicate proposed protected mitigation releases to the board in accordance with this subsection (8).
(f) (I) To satisfy the requirements of subsections (8)(d)(III) and (8)(d)(IV) of
this section, the board and the owner must file a water court application as co-applicants pursuant to subsection (8)(d)(III) of this section. The water court shall enter a decree approving the proposed protected mitigation releases if:
(A) The board demonstrates that it has duly determined in accordance with
this subsection (8) and with subsection (3) of this section that the proposed protected mitigation releases are appropriate for streamflows to preserve or improve the natural environment to a reasonable degree within the qualifying stream reach. If a party challenges the board's determination in the water court proceeding, the board shall assemble and submit to the court the complete administrative record upon which the board made the determination. The court shall base its review of the board's determination on the administrative record, using the criteria set forth in section 24-4-106 (6) and (7).
(B) The owner proves that the proposed protected mitigation releases: Will
not cause an expansion of use beyond the limits of use of the decreed water storage right from which the mitigation releases are to be made; will not cause injury to vested water rights, decreed conditional water rights, subsequently adjudicated water rights that are the subject of a pending water court application filed before August 8, 2018, or other water users' uses or exchanges of water being made pursuant to appropriation or practices in existence on the date of the filing of the application for approval of the proposed protected mitigation releases; are administrable by the division engineer; and have been dedicated to and approved by the board in compliance with the requirements and procedures of subsection (8)(e) of this section.
(II) For purposes of determining injury pursuant to subsection (8)(f)(I)(B) of
this section, the inability of other water users to divert, exchange upon, or use the proposed protected mitigation releases within the qualifying stream reach shall not be considered injury.
(III) The water court shall not requantify the water storage right from which
the protected mitigation releases are proposed to be made.
(IV) A decree approving a protected mitigation release must contain the
terms and conditions necessary to prevent injury to other water rights, prevent the expansion of use of the decreed water storage right from which the protected mitigation release is to be made, and ensure that the protected mitigation releases are administrable by the division engineer, including, if necessary, to prevent injury or expansion of use of the decreed water storage right from which the protected mitigation release is to be made, terms rejecting or decreasing the proposed flow rate of the protected mitigation releases or the qualifying stream reach. All such decrees must also specifically identify the timing and rate of the protected mitigation releases, the qualifying stream reach, and the flow rate that is appropriate to preserve or improve the natural environment to a reasonable degree within the qualifying stream reach. For protected mitigation releases that are to be exchanged into storage in accordance with subsection (8)(c)(IV)(B) of this section, the decree must specify that the exchange to storage be administered with a priority date that is no earlier than the date of the approval of the fish and wildlife mitigation and enhancement plan pursuant to section 37-60-122.2.
(V) An owner shall erect, maintain, and repair suitable and proper measuring
devices as required by section 37-84-113 and by the decree approving the protected mitigation releases and as ordered by the state or division engineer. Additionally, the owner shall maintain records of the quantity and rate of release of the protected mitigation releases and the quantity and rate of diversion of the protected mitigation releases that are rediverted for subsequent application to beneficial use.
(g) If operation of a protected mitigation release under this subsection (8)
requires the making of physical modifications to an existing water diversion structure within the qualifying stream reach to allow the protected mitigation release to bypass the existing water diversion structure, the owner of the water storage right used to make the protected mitigation release shall bear all reasonable construction costs associated with the physical modifications and all reasonable operational and maintenance costs incurred by the owner of the existing water diversion structure that would not have been incurred in the absence of the physical modifications to the structure.
(h) A determination under section 37-60-122.2 that releases of water from
new reservoir capacity will help to reasonably avoid, minimize, or mitigate the impacts of the new reservoir capacity on fish and wildlife resources within the qualifying stream reach is evidence of the appropriateness of a protected mitigation release within the qualifying stream reach.
(i) A mitigation release shall not be protected or administered as a protected
mitigation release:
(I) When the amount of the existing flow in the qualifying stream reach is
such that addition of the protected mitigation release would exceed the streamflow rate set forth in the decree to be appropriate to preserve or improve the natural environment to a reasonable degree within the qualifying stream reach;
(II) Unless the owner is in compliance with:
(A) The measuring requirements of section 37-84-113;
(B) The terms and conditions in the decree approving the protected
mitigation release regarding the operation, maintenance, or repair of proper measuring devices; and
(C) An order by the state or division engineer regarding the operation,
maintenance, or repair of proper measuring devices;
(III) When the owner is incapable of rediverting the protected mitigation
release at or below the downstream termination point of the qualifying stream reach for application to a decreed beneficial use of the water storage right that is to provide the water for the protected mitigation release;
(IV) When the released water is within the natural stream at a location
outside of the qualifying stream reach, including when the released water is between the downstream termination point of the qualifying stream reach and the point of rediversion; or
(V) When the owner is not otherwise in compliance with the terms of the
decree approving the protected mitigation release.
(j) This subsection (8):
(I) Does not impair or in any way affect any water court decree,
administrative authorization, or agreement that allows water to be stored, released, and administered for environmental, piscatorial, water quality, recreational, municipal, or other in-channel purposes, including the maintenance of dominion and control over the water releases from a specified reservoir;
(II) Is not intended to be the exclusive means of authorizing water to be
stored, released, and administered for environmental, piscatorial, water quality, recreational, municipal, or other in-channel purposes, including the maintenance of dominion and control over the water released from a specific reservoir; and
(III) Does not authorize, restrict, or preclude future water rights,
appropriations, administrative authorizations, or other agreements for the purposes listed in subsection (8)(j)(I) of this section.
Source: L. 69: p. 1200, � 1. C.R.S. 1963: � 148-21-2. L. 73: p. 1521, � 2. L. 79: (1)
amended, p. 1367, � 4, effective June 22. L. 81: (3) amended, p. 1784, � 1, effective June 23. L. 85: (1)(a) amended, p. 1166, � 5, effective July 1. L. 86: IP(3) amended and (3)(e) added, p. 1095, � 1, effective May 3. L. 87: (3) amended, p. 1305, � 2, effective June 20. L. 94: (3)(c.5) added, p. 766, � 1, effective April 20. L. 96: (4) added, p. 952, � 1, effective May 23. L. 2000: (3)(c.5) amended, p. 1443, � 1, effective June 1. L. 2001: (5) and (6) added, p. 1187, � 1, effective June 5. L. 2002: IP(3) amended, p. 445, � 1, effective August 7. L. 2003: (6)(c) amended, p. 2001, � 63, effective May 22. L. 2006: (6)(a), (6)(b), and (6)(c) amended, p. 906, � 1, effective May 11. L. 2008: IP(3) amended, p. 1573, � 27, effective May 29; IP(3) amended, p. 587, � 1, effective August 5. L. 2012: (4)(b)(II)(A), (4)(b)(II)(C), (4)(b)(II)(D), (4)(b)(III), and (5) amended, (SB 12-175), ch. 208, p. 886, � 161, effective July 1. L. 2013: (7) added, (HB 13-1044), ch. 228, p. 1091, � 9, effective May 15. L. 2018: (8) added, (SB 18-170), ch. 125, p. 835, � 1, effective August 8. L. 2020: (4.5) added, (HB 20-1037), ch. 73, p. 306, � 1, effective September 14.
Editor's note: Amendments to the introductory portion to subsection (3) by
House Bill 08-1280 and House Bill 08-1346 were harmonized.
Cross references: (1) For water of streams being public property, see � 5 of
art. XVI, Colo. Const.; for diverting unappropriated water, see � 6 of art. XVI, Colo. Const.
(2) For the legislative declaration in the 2013 act adding subsection (7), see
section 1 of chapter 228, Session Laws of Colorado 2013.
C.R.S. § 37-92-103
37-92-103. Definitions. As used in this article 92, unless the context otherwise requires:
(1) Abandonment of a conditional water right means the termination of a
conditional water right as a result of the failure to develop with reasonable diligence the proposed appropriation upon which such water right is to be based.
(2) Abandonment of a water right means the termination of a water right in
whole or in part as a result of the intent of the owner thereof to discontinue permanently the use of all or part of the water available thereunder. Any period of nonuse of any portion of a water right shall be tolled, and no intent to discontinue permanent use shall be found for purposes of determining an abandonment of a water right for the duration that:
(a) The land on which the water right has been historically applied is enrolled
under a federal land conservation program;
(b) The nonuse of a water right by its owner is a result of participation in:
(I) A water conservation program approved by a state agency, a water
conservation district, or a water conservancy district;
(II) A water conservation program established through formal written action
or ordinance by a municipality or its municipal water supplier;
(III) An approved land fallowing program as provided by law in order to
conserve water;
(IV) A water banking program as provided by law;
(V) A loan of water to the Colorado water conservation board for instream
flow use under section 37-83-105 (2); or
(VI) Any contract or agreement with the Colorado water conservation board
that allows the board to use all or a part of a water right to preserve or improve the natural environment to a reasonable degree under section 37-92-102 (3); or
(c) Subject to section 37-92-305 (3)(f), during the period beginning January
1, 2020, and ending December 31, 2050, an electric utility in division 6 decreases use of a water right, or does not use a water right, if the electric utility has owned the water right since January 1, 2019.
(3) (a) Appropriation means the application of a specified portion of the
waters of the state to a beneficial use pursuant to the procedures prescribed by law; but no appropriation of water, either absolute or conditional, shall be held to occur when the proposed appropriation is based upon the speculative sale or transfer of the appropriative rights to persons not parties to the proposed appropriation, as evidenced by either of the following:
(I) The purported appropriator of record does not have either a legally vested
interest or a reasonable expectation of procuring such interest in the lands or facilities to be served by such appropriation, unless such appropriator is a governmental agency or an agent in fact for the persons proposed to be benefited by such appropriation.
(II) The purported appropriator of record does not have a specific plan and
intent to divert, store, or otherwise capture, possess, and control a specific quantity of water for specific beneficial uses.
(b) Nothing in this subsection (3) shall affect appropriations by the state of
Colorado for minimum streamflows as described in subsection (4) of this section.
(4) Beneficial use means the use of that amount of water that is reasonable
and appropriate under reasonably efficient practices to accomplish without waste the purpose for which the appropriation is lawfully made. Without limiting the generality of the previous sentence, beneficial use includes:
(a) The impoundment of water for firefighting or storage for any purpose for
which an appropriation is lawfully made, including recreational, fishery, or wildlife purposes;
(b) The diversion of water by a county, municipality, city and county, water
district, water and sanitation district, water conservation district, or water conservancy district for recreational in-channel diversion purposes; and
(c) For the benefit and enjoyment of present and future generations, the
appropriation by the state of Colorado in the manner prescribed by law of such minimum flows between specific points or levels for and on natural streams and lakes as are required to preserve the natural environment to a reasonable degree.
(5) Change of water right:
(a) Means a change in the type, place, or time of use, a change in the point of
diversion except as specified in section 37-86-111 (2), a change from a fixed point of diversion to alternate or supplemental points of diversion, a change from alternate or supplemental points of diversion to a fixed point of diversion, a change in the means of diversion, a change in the place of storage except as specified in section 37-87-101 (3), a change from direct application to storage and subsequent application, a change from storage and subsequent application to direct application, a change from a fixed place of storage to alternate places of storage, a change from alternate places of storage to a fixed place of storage, or any combination of such changes; and
(b) Includes changes of conditional water rights as well as changes of water
rights.
(5.5) Coal bed methane well means a well permitted by the energy and
carbon management commission created in section 34-60-104.3 (1) or a well authorized by a federal or tribal entity and constructed for the primary purpose of producing methane gas from a coal bed.
(6) Conditional water right means a right to perfect a water right with a
certain priority upon the completion with reasonable diligence of the appropriation upon which such water right is to be based.
(6.3) Control structure means a structure consisting of durable synthetic
or natural materials that has been placed with the intent to divert, capture, possess, and control water in its natural course for an appropriator's intended and specified recreational in-channel diversion. The control structure and its efficiency shall be designed by a professional engineer, as that term is defined in section 12-120-202 (7), or under the direct supervision of a professional engineer, and constructed so that it will operate efficiently and without waste to produce the intended and specified reasonable recreation experience. Concentration of river flow by a control structure constitutes control of water for a recreational in-channel diversion.
(6.7) County means any county and any city and county established under
Colorado law.
(7) Diversion or divert means removing water from its natural course or
location, or controlling water in its natural course or location, by means of a control structure, ditch, canal, flume, reservoir, bypass, pipeline, conduit, well, pump, or other structure or device; except that, on and after January 1, 2001, only a county, municipality, city and county, water district, water and sanitation district, water conservation district, or water conservancy district may file an application to control water in its natural course or location by means of a control structure for recreational in-channel diversions.
(7.3) Electric utility means a qualifying retail utility, as defined in section
40-2-125.5 (2)(c), or a wholesale generation and transmission electric cooperative subject to section 25-7-105 (1)(e)(VIII)(I).
(8) Person means an individual, a partnership, a corporation, a municipality,
the state of Colorado, the United States, or any other legal entity, public or private.
(9) Plan for augmentation means a detailed program, which may be either
temporary or perpetual in duration, to increase the supply of water available for beneficial use in a division or portion thereof by the development of new or alternate means or points of diversion, by a pooling of water resources, by water exchange projects, by providing substitute supplies of water, by the development of new sources of water, or by any other appropriate means. Plan for augmentation does not include the salvage of tributary waters by the eradication of phreatophytes, nor does it include the use of tributary water collected from land surfaces that have been made impermeable, thereby increasing the runoff but not adding to the existing supply of tributary water.
(10) Priority means the seniority by date as of which a water right is
entitled to use or conditional water right will be entitled to use and the relative seniority of a water right or a conditional water right in relation to other water rights and conditional water rights deriving their supply from a common source.
(10.1) Reasonable recreation experience means the use of a recreational in-channel diversion for, and limited to, nonmotorized boating. Other recreational
activities may occur but may not serve as evidence of a reasonable recreation experience.
(10.3) Recreational in-channel diversion means the minimum amount of
streamflow as it is diverted, captured, controlled, and placed to beneficial use between specific points defined by control structures pursuant to an application filed by a county, municipality, city and county, water district, water and sanitation district, water conservation district, or water conservancy district for a reasonable recreation experience in and on the water from April 1 to Labor Day of each year unless the applicant can demonstrate that there will be demand for the reasonable recreation experience on additional days. The recreational in-channel diversion shall be limited to one specified flow rate for each time period claimed by the applicant. Individual time periods shall not be shorter than fourteen days unless the applicant can demonstrate a need for a shorter time period. There shall be a presumption that there will not be material injury to a recreational in-channel diversion water right from subsequent appropriations or changes of water rights if the effect on the recreational in-channel diversion caused by such appropriations or changes does not exceed one-tenth of one percent of the lowest decreed rate of flow for the recreational in-channel diversion as measured at the recreational in-channel diversion and the cumulative effects on the recreational in-channel diversion caused by such appropriations or changes do not exceed two percent of the lowest decreed rate of flow for the recreational in-channel diversion measured at the recreational in-channel diversion. The owner of a water right for a recreational in-channel diversion may not call for water that has been lawfully stored by another appropriator.
(10.4) Removal of water means a change in the type and place of use of an
absolute decreed agricultural water right from irrigated agricultural use in one county to a use not primarily related to agriculture in another county.
(10.5) Revegetation means the establishment of a ground cover of plant
life demonstrated to be, without irrigation, reasonably capable of sustaining itself under the climatic conditions, soils, precipitation, and terrain prevailing for the lands from which irrigation water is removed. Grasses or other plants used for the purpose of revegetation shall not be noxious as such plants are defined under the provisions of the Colorado Noxious Weed Act, article 5.5 of title 35, C.R.S.
(10.6) Rotational crop management contract means a written contract in
which the owner or groups of owners of irrigation water rights agree to implement a change of the rights to a new use by foregoing irrigation of a portion of the lands historically irrigated and that provides that the water rights owner or groups of owners may rotate the lands that will not be irrigated as long as there is no injurious effect as specified in section 37-92-305 (3). The contract shall also provide that in the change of water right proceeding the water rights owner or groups of owners shall seek water court approval to rotate the lands that will not be irrigated as long as there is no injurious effect as specified in section 37-92-305 (3).
(10.7) Significant water development activity means any removal of water
that results in the transfer of more than one thousand acre-feet of consumptive use of water per year by a single applicant or an applicant's agents.
(10.8) Storage or store means the impoundment, possession, and control
of water by means of a dam. Waters in underground aquifers are not in storage or stored except to the extent waters in such aquifers are placed there by other than natural means with water to which the person placing such water in the underground aquifer has a conditional or decreed right.
(11) Underground water, as applied in this article for the purpose of
defining the waters of a natural stream, means that water in the unconsolidated alluvial aquifer of sand, gravel, and other sedimentary materials and all other waters hydraulically connected thereto which can influence the rate or direction of movement of the water in that alluvial aquifer or natural stream. Such underground water is considered different from designated groundwater as defined in section 37-90-103 (6).
(12) Water right means a right to use in accordance with its priority a
certain portion of the waters of the state by reason of the appropriation of the same.
(13) Waters of the state means all surface and underground water in or
tributary to all natural streams within the state of Colorado, except waters referred to in section 37-90-103 (6).
(14) (a) Well means any structure or device used for the purpose or with the
effect of obtaining groundwater for beneficial use from an aquifer. Well includes an augmentation well that diverts groundwater tributary to the South Platte river and delivers it to a surface stream, ditch, canal, reservoir or recharge facility to replace out-of-priority stream depletions, or to meet South Platte river compact obligations, either directly or by recharge accretions, as part of a plan for augmentation approved by the water judge for water division 1 or a substitute water supply plan approved pursuant to section 37-92-308.
(b) Well does not include a naturally flowing spring or springs where the
natural spring discharge is captured or concentrated by installation of a near-surface structure or device less then ten feet in depth located at or within fifty feet of the spring or springs' natural discharge point and the water is conveyed directly by gravity flow or into a separate sump or storage, if the owner obtains a water right for such structure or device as a spring pursuant to article 92 of this title.
Source: L. 69: 1201, � 1. C.R.S. 1963: � 148-21-3. L. 73: p. 1521, � 1. L. 75: (9)
amended, p. 1397, � 1, effective June 20. L. 79: (3) amended and (10.5) added, p. 1368, � 5, effective June 22. L. 86: (2) amended, p. 1097, � 1, effective April 24. L. 92: (10.4) added, p. 2289, � 1, effective April 16. L. 95: (14) added, p. 141, � 4, effective April 7. L. 96: (9) amended, p. 125, � 1, effective March 25. L. 2001: (4) and (7) amended and (10.3) added, p. 1188 � 2, effective June 5. L. 2003: (14)(a) amended, p. 1453, � 3, effective April 30; (10.4) and (10.5) amended and (6.7), (10.6), and (10.7) added, p. 880, � 1, effective August 6. L. 2005: (2) amended, p. 232, � 1, effective April 14. L. 2006: (6.3) and (10.1) added and (7) and (10.3) amended, p. 907, � 2, effective May 11; (10.6) and (10.7) amended and (10.8) added, p. 999, � 1, effective May 25. L. 2007: (2)(b)(V) added, p. 48, � 2, effective August 3. L. 2008: IP(2)(b) amended and (2)(b)(VI) added, p. 589, � 2, effective August 5. L. 2009: (5.5) added, (HB 09-1303), ch. 390, p. 2110, � 5, effective June 2. L. 2013: (4) amended, (SB 13-041), ch. 111, p. 382, � 2, effective August 7. L. 2014: (5) amended, (HB 14-1005), ch. 198, p. 726, � 2, effective May 15. L. 2017: IP and (5) amended, (HB 17-1291), ch. 338, p. 1805, � 2, effective August 9. L. 2019: (6.3) amended, (HB 19-1172), ch. 136, p. 1722, � 228, effective October 1. L. 2023: (5.5) amended, (SB 23-285), ch. 235, p. 1258, � 40, effective July 1. L. 2024: (2)(a) and (2)(b)(VI) amended and (2)(c) and (7.3) added, (SB 24-197), ch. 276, p. 1835, � 4, effective August 7.
Editor's note: Section 3 of chapter 2 (HB 14-1005), Session Laws of Colorado
2014, provides that changes to this section by the act apply to changes in points of diversion made before, on, or after May 15, 2014.
Cross references: For the legislative declaration in the 2013 act amending
subsection (4), see section 1 of chapter 111, Session Laws of Colorado 2013. For the legislative declaration in SB 24-197, see section 1 of chapter 276, Session Laws of Colorado 2024.
PART 2
WATER DIVISIONS - COURTS
C.R.S. § 37-92-202
37-92-202. Division engineers. (1) (a) The state engineer, with the approval of the executive director of the department of natural resources, shall appoint one division engineer for each division. The division engineers are allocated to the division of water resources as a section of the division. The division engineers are type 1 entities, as defined in section 24-1-105. Each division engineer must be a licensed professional engineer and must have such additional qualifications as may be specified from time to time by the state engineer. The state engineer, with the approval of said executive director, may employ such assistants and staff members as are necessary to enable each division engineer to carry out the division engineer's duties.
(b) Each division engineer shall reside in his division, and the offices of the
various division engineers shall be maintained in the following locations:
Division 1 Greeley
Division 2 Pueblo
Division 3 Alamosa
Division 4 Montrose
Division 5 Glenwood Springs
Division 6 Steamboat Springs
Division 7 Durango
(2) The division engineers shall perform such functions as are specified in
this article and other laws and such functions as may be specified in written instructions and orders issued to them or to any one of them from time to time by the state engineer.
(3) With the approval of the state engineer, each division engineer may
establish one or more field offices within his division and may appoint as a member of his staff a water commissioner for each such office.
(4) The expenses of the offices and staffs of the division engineers shall be
provided for out of state funds.
(5) To the extent required by the constitution and laws of Colorado,
appointments under this section shall be subject and pursuant to the state personnel system.
Source: L. 69: p. 1203, � 1. C.R.S. 1963: � 148-21-9. L. 2004: (1)(a) amended, p.
1316, � 70, effective May 28. L. 2022: (1)(a) amended, (SB 22-162), ch. 469, p. 3411, � 171, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Moderization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 37-92-204
37-92-204. Water clerks - duties. (1) (a) There is established in each water division the office of water clerk, who shall be an associate clerk of the district court and shall be appointed in the same manner as clerks of the various district courts. The water clerk may be a part-time employee, or an existing clerk of the district court may be assigned additional duties as water clerk. Any reference in this article to a filing with the water clerk means a filing in the district court where such clerk serves.
(b) The water clerk shall maintain his office in the offices of the clerk of the
district court of the county in each division as follows:
Division 1 Weld
Division 2 Pueblo
Division 3 Alamosa
Division 4 Montrose
Division 5 Garfield
Division 6 Routt
Division 7 La Plata
(2) The water clerk shall maintain the records of all proceedings related to
appropriations, determinations of water rights and conditional water rights and the amount and priority thereof, changes of water rights, plans for augmentation, abandonment of water rights and conditional water rights, and the records of all proceedings of the water judge and of all rulings and actions of the referee required by this article to be filed with the water clerk. The clerks of the various district courts in each division, if requested by the water clerk of that division, shall transfer to the water clerk duplicate copies of any of the files, or parts thereof, of cases relating to water rights. The water clerk shall perform such other duties as may be prescribed by the water judge or the supreme court.
(3) Subject to the approval of the water judge, the water clerk in each
division shall employ such assistants and deputies as may be necessary for him or her to carry out his or her duties. The water clerk, assistants, and deputies shall take an oath or affirmation in accordance with section 24-12-101 and file such bond as may be prescribed by the supreme court.
(4) The expense of the office and staff of the water clerk shall be provided
for out of state funds appropriated to the supreme court, and each county in which a water clerk's office is located shall be reimbursed for the cost thereof to the county.
Source: L. 69: p. 1205, � 1. C.R.S. 1963: � 148-21-11. L. 70: p. 431, � 2. L. 2018:
(3) amended, (HB 18-1138), ch. 88, p. 704, � 45, effective August 8.
Cross references: For the legislative declaration in HB 18-1138, see section 1
of chapter 88, Session Laws of Colorado 2018.
PART 3
DETERMINATION AND ADMINISTRATION OF WATER RIGHTS
Cross references: For the appointments and functions of water division
engineers, see � 37-92-202.
C.R.S. § 37-92-301
37-92-301. Administration and distribution of waters. (1) The state engineer shall be responsible for the administration and distribution of the waters of the state, and, in each division, such administration and distribution shall be accomplished through the offices of the division engineer as specified in this article.
(2) In accordance with procedures specified in this article, the referee in
each division shall in the first instance have the authority and duty to rule upon determinations of water rights and conditional water rights and the amount and priority thereof, including a determination that a conditional water right has become a water right by reason of completion of the appropriation, determinations with respect to changes of water rights, plans for augmentation, approvals of reasonable diligence in the development of appropriations under conditional water rights, and determinations of abandonment of a water rights or a conditional water rights; and he may include in any ruling for a determination of water right or conditional water right any use or combination of uses, any diversion or combination of points or methods of diversion, and any place or alternate places of storage and may approve any change of water right as defined in this article.
(3) In the distribution of water, the division engineer in each division and the
state engineer shall be governed by the priorities for water rights and conditional water rights established by adjudication decrees entered in proceedings concluded or pending on June 7, 1969, and by the priorities for water rights and conditional water rights determined pursuant to the provisions of this article. All such priorities shall take precedence in their appropriate order over other diversions of waters of the state. Subject to section 37-92-502 (2), in determining and administering the use of water, judicial and administrative officers shall be governed by the following:
(a) In every case in which the owner of an appropriative right to divert water
supplies his water needs by the use of a well, the water diverted by that well may be charged to its own appropriation; or it may be used to divert water under the provisions set forth in paragraph (b) of this subsection (3). This statutory statement is intended as a legislative acknowledgment of the long-held practice in Colorado under which various water rights may be carried through the same physical structure.
(b) In any case in which the owner of an appropriative right to divert water at
the surface of a stream or to have water so diverted delivered for his use or benefit has a well so situated as to draw water from the same stream system, that owner may secure the right to have such well, or more than one if he has more than one such well, made an alternate point of diversion to said surface right by procedures provided in this article for securing alternate points of diversion.
(c) Until July 1, 1972, all diversions by well to supply a water use for which
there is a surface decree may be charged against and be considered as part of the exercise of said surface decree even if the owner has not secured the right to an alternate point of diversion at the well, but nothing in this article shall be construed to prevent regulation of the well in accordance with law and within the system of priorities established for regulation of diversions of water in Colorado.
(d) In authorizing alternate points of diversion for wells, the widest possible
discretion to permit the use of wells shall prevail. In administering the waters of a watercourse, the withdrawal of water which will lower the water table shall be permitted but not to such a degree as will prevent the water source to be recharged or replenished under all predictable circumstances to the extent necessary to prevent injury to senior appropriators in the order of their priorities, and with due regard for daily, seasonal, and longer demands on the water supply.
(4) (a) (I) In every sixth calendar year after the calendar year in which a water
right is conditionally decreed, or in which a finding of reasonable diligence has been decreed, the owner or user thereof, if such owner or user desires to maintain the same, shall file an application for a finding of reasonable diligence, or said conditional water right shall be considered abandoned.
(I.5) If an application described in subsection (4)(a)(I) of this section filed on
or before December 31, 2050, seeks a finding of reasonable diligence for a conditional water right that is owned by an electric utility in division 6 since January 1, 2019, the water judge may consider the following as supporting evidence for a finding of reasonable diligence:
(A) The conditional water right may be used to support a specific project or
potential future generation technologies or concepts that have the potential to advance progress toward Colorado's clean energy and greenhouse gas emission reduction goals; and
(B) The electric utility has made efforts to develop the water right with
reasonable diligence, which may include efforts made by the electric utility or another entity in the electric generation and distribution industry or a related research industry to investigate the technical or commercial viability of future generation technologies or concepts that have the potential to advance progress toward Colorado's clean energy and greenhouse gas emission reduction goals.
(II) If a conditional underground water right requires construction of a well,
the expiration of the permit issued for the construction of such well by the state engineer pursuant to section 37-90-137 (1) shall not be the sole basis for a determination of abandonment pursuant to subparagraph (I) of this paragraph (a).
(III) The judgment and decree of the court shall specify the month and
calendar year in which a subsequent application for a finding of reasonable diligence shall be filed with the water clerk pursuant to section 37-92-302 (1). A subsequent application shall be filed during the same month as the previous decree was entered every six years after such entry of the decree until the right is made absolute or otherwise disposed of.
(IV) The provisions of this paragraph (a) shall supersede any contrary
provision or requirement of a previous conditional decree or determination of reasonable diligence.
(b) The measure of reasonable diligence is the steady application of effort to
complete the appropriation in a reasonably expedient and efficient manner under all the facts and circumstances. When a project or integrated system is comprised of several features, work on one feature of the project or system shall be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.
(c) Subject to the provisions of paragraph (b) of this subsection (4), neither
current economic conditions beyond the control of the applicant which adversely affect the feasibility of perfecting a conditional water right or the proposed use of water from a conditional water right nor the fact that one or more governmental permits or approvals have not been obtained shall be considered sufficient to deny a diligence application, so long as other facts and circumstances which show diligence are present.
(d) In the case of a project or integrated system that contains more than one
water storage feature, an applicant need not demonstrate that all existing absolute decreed water rights that are part of the project or integrated system have been utilized to their full extent in order to make absolute, in whole or in part, a conditional water storage right decreed for a separate feature of the project or integrated system.
(e) A decreed conditional water storage right shall be made absolute for all
decreed purposes to the extent of the volume of the appropriation that has been captured, possessed, and controlled at the decreed storage structure.
(5) In all proceedings for a change of water right and for approval of
reasonable diligence with respect to a conditional water right, it is appropriate for the referee and the courts to consider abandonment of all or any part of such water right or conditional water right; except that no conditional underground water right requiring the construction of a well shall be declared abandoned pursuant to this subsection (5) solely upon the ground that the permit issued for the construction of such well by the state engineer pursuant to section 37-90-137 (1) has expired. In all such proceedings, no water storage right shall be declared abandoned in whole or in part on account of carrying water over in storage from year to year.
Source: L. 69: p. 1205, � 1. C.R.S. 1963: � 148-21-17. L. 71: p. 1324, � 4. L. 73: p.
1523, � 1. L. 74: (2) amended, p. 442, � 2, effective May 7. L. 77: (2) amended, p. 1702, � 1, effective June 19. L. 88: (4) amended, p. 1239, � 1, effective July 1. L. 90: (4) amended, p. 1625, � 1, effective April 13. L. 94: (4)(a) and (5) amended, p. 1209, � 2, effective May 19. L. 2013: (4)(d) and (4)(e) added and (5) amended, (SB 13-041), ch. 111, p. 382, � 3, effective August 7. L. 2024: (4)(a)(I.5) added, (SB 24-197), ch. 276, p. 1835, � 5, effective August 7.
Cross references: (1) For the division engineer ordering discontinuance of
diversion, see � 37-92-502 (2).
(2) For the legislative declaration in the 2013 act adding subsections (4)(d)
and (4)(e) and amending subsection (5), see section 1 of chapter 111, Session Laws of Colorado 2013. For the legislative declaration in SB 24-197, see section 1 of chapter 276, Session Laws of Colorado 2024.
C.R.S. § 37-92-302
37-92-302. Applications for water rights or changes of such rights - plans for augmentation. (1) (a) Any person who desires a determination of a water right or a conditional water right and the amount and priority thereof, including a determination that a conditional water right has become a water right by reason of the completion of the appropriation, a determination with respect to a change of a water right, approval of a plan for augmentation, finding of reasonable diligence, approval of a proposed or existing exchange of water under section 37-80-120 or 37-83-104, or approval to use water outside the state pursuant to section 37-81-101 shall file with the water clerk a verified application setting forth facts supporting the ruling sought, a copy of which shall be sent by the water clerk to the state engineer and the division engineer. The term determination of a water right or conditional water right includes any plan or change in plan under the provisions of section 37-45-118 (1)(b)(II) that is or has been incorporated into a decree.
(b) Any person, including the state engineer, who wishes to oppose the
application may file with the water clerk a verified statement of opposition setting forth facts as to why the application should not be granted or why it should be granted only in part or on certain conditions. The statement of opposition may be filed on behalf of all owners of water rights who, by affixing their signatures to the statement of opposition, in person or by attorney, consent to being included in the statement and who may be detrimentally affected by granting of the application. The water clerk shall send a copy of the statement of opposition to the state engineer and the division engineer.
(c) Such statement of opposition must be filed by the last day of the second
month following the month in which the application is filed.
(d) (I) The fee for filing an application, complaint, petition, or any other
pleading initiating a water matter shall be the same as that for filing a civil complaint in district court, as provided in section 13-32-101, C.R.S.; except that, for any application seeking a determination of a change of water right or approval of a plan for augmentation, the filing fee shall be twice as much. For filing a statement of opposition, the fee shall be the same as that for filing an answer to a civil action in district court. A tax of one dollar must be included with every application, pursuant to section 2-5-119, C.R.S. No fee or tax shall be assessed to the state of Colorado or any agency of its executive department under this subsection (1) or subsection (3) of this section, but no other person or entity shall be exempt from such fee or tax.
(II) All fees collected under this paragraph (d) shall be transmitted to the
state treasurer and be divided as provided in section 13-32-101, C.R.S.
(e) (Deleted by amendment, L. 2008, p. 2144, � 13, effective June 4, 2008.)
(2) (a) The water judges of the various divisions shall jointly prepare and
supply to the water clerks standard forms which shall be used for such applications and statements of opposition. These forms shall designate the information to be supplied and may be modified from time to time. Supplemental material may be submitted with any form. In the case of applications for a determination of a water right or a conditional water right, the forms shall require, among other things, a legal description of the diversion or proposed diversion, a description of the source of the water, the date of the initiation of the appropriation or proposed appropriation, the amount of water claimed, and the use or proposed use of the water. In the case of applications for approval of a change of water right or plan for augmentation, the forms shall require a complete statement of such change or plan, including a description of all water rights to be established or changed by the plan, a map showing the approximate location of historic use of the rights, and records or summaries of records of actual diversions of each right the applicant intends to rely on to the extent such records exist. In the case of applications that will require construction of a well, other than applications for determinations of rights to groundwater from wells described in section 37-90-137 (4), no application shall be heard on its merits by the referee or water judge until a written consultation report, as required by subsection (4) of this section, has been submitted and considered. The consultation report shall be submitted within four months after the filing of the application and shall include findings as to whether the construction and use of any well proposed in the application will injuriously affect the owner of, or persons entitled to use, water under a vested water right or decreed conditional water right. In the case of applications for determinations of rights to groundwater from wells described in section 37-90-137 (4), the application shall be supplemented by evidence that the state engineer has issued or failed to issue, within four months of the filing of the application in water court, a determination as to the facts of such application. Such state engineer's determination shall be made by the state engineer upon receipt from the water clerk of a copy of the application, and no separate filing or docketing with the state engineer shall be required.
(b) The application shall be supplemented by evidence that the applicant
has, within fourteen days after filing the application, given notice of the application by registered or certified mail, return receipt requested, to:
(I) In the case of applications for determinations of rights to groundwater
from wells described in section 37-90-137 (4), every record owner of the overlying land and to every person who has a lien or mortgage on, or deed of trust to, the overlying land recorded in the county in which the overlying land is located, and, for purposes of such notice, the term person shall have the same meaning as is set forth in section 37-90-137 (4)(b.5); and
(II) The owner of the land upon which any new diversion or storage structure
or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored. In determining the owner of potentially affected land for purposes of such notice, the applicant may rely upon the real estate records of the county assessor for the county or counties in which the land is located.
(c) The provisions of paragraph (b) of this subsection (2) do not apply to
political subdivisions of the state of Colorado, special districts, municipalities, or quasi-municipal districts that have obtained consent to withdraw groundwater pursuant to section 37-90-137 (8) or by deed, assignment, or other written evidence of consent where the application concerns only such groundwater and, at the time of application, the overlying land is within the water service area of such entity.
(3) (a) Not later than the fifteenth day of each month, the water clerk shall
prepare a resume of all applications in the water division which have been filed in his office during the preceding month. The resume shall give the name and address of the applicant, a description of the water right or conditional water right involved, and a description of the ruling sought. The resume may be provided by the applicant at the time of filing the application or at the time of any republication pursuant to paragraph (b) of this subsection (3), or, if no resume is provided, the water clerk shall prepare the resume for publication. The water clerk shall promptly submit to each applicant a bill for costs incurred by the water court in publishing the resume of the application. No ruling or decree shall be entered prior to payment of the charges.
(b) Not later than the end of such month, the water clerk shall cause such
publication to be made of each resume or portion thereof in a newspaper or newspapers as is necessary to obtain general circulation once in every county affected, as determined by the water judge. If, at the request of or as the result of amendments made by an applicant, the resume of an application is republished, the applicant shall pay the cost of such republication. A newspaper in which the resume is published or republished shall directly bill the applicant rather than the water clerk for the costs of publication.
(c) (I) (A) to (C) Repealed.
(D) On and after January 1, 2006, not later than the end of each month, the
water clerk shall post a copy of the resume on the water court's website. Not later than the end of such month, the referee or the water clerk shall send a copy of such resume by mail or electronic mail to any person who the referee has reason to believe would be affected. The water clerk shall notify each person who has requested a copy of the resume by submitting his or her name and electronic mail address to the water clerk of the availability of the resume on such website. The water clerk shall maintain an electronic mailing list of such names and addresses, and a person desiring to have his or her name and address retained on the list shall resubmit the information by January 5. A person who has not so resubmitted the information shall not be retained on the list, but such person may submit his or her name and electronic mail address at any time thereafter for inclusion on the list subject to the requirements of this section. In order to obtain an electronic mail notification of the availability of the resume for a particular month, a person's name and address shall be received not later than the fifth day of the month of publication of the resume. A copy of the resume shall be furnished without charge to the state engineer and the appropriate division engineer.
(E) The water clerk shall provide a paper copy of the resume to a person
upon payment of the fee required in section 13-32-104 (1)(a), C.R.S.
(II) Repealed.
(d) All publications provided for in paragraph (b) of this subsection (3) may
be augmented, in the discretion of the water judge, by notices broadcast over any or all standard radio, FM radio, TV stations, and cable television. Such broadcast notices shall make reference to locations or publications wherein details of the subject matter of the notices are located.
(3.5) In addition to the resume notice required to be given by subsection (3)
of this section, any notice of an application for a change of irrigation water rights that constitutes a significant water development activity shall include evidence that the applicant has given notice of the contents of such application by mail within ten days after filing to the:
(a) Board of county commissioners of the county from which the water is
being removed;
(b) Board of the school district that encompasses the land from which the
water is being removed;
(c) Offices of every water conservancy and water conservation district from
which the water is to be removed;
(d) Secretary of every ditch company whose water is involved in the
significant water development activity; and
(e) Governing body of every city, city and county, and town that
encompasses land from which the water is being removed.
(4) The referee, without conducting a formal hearing, shall make such
investigations as are necessary to determine whether or not the statements in the application and statements of opposition are true and to become fully advised with respect to the subject matter of the applications and statements of opposition. The referee shall consult with the appropriate division engineer or the state engineer or both. The engineer consulted shall file a report in writing within thirty-five days, unless such time is extended by the referee, which original report shall be filed in the proceedings, and a copy shall be sent by the division engineer to the applicant or the applicant's attorney, who shall then send copies to all parties of record if they have not otherwise been served and so certify before any ruling shall be entered or become effective. A water judge who is acting as a referee in the water judge's division shall have the same authority as provided for the referee in this subsection (4). If the application is rereferred to the water judge by the referee prior to consultation, the division engineer shall file a written recommendation in the proceedings within thirty-five days of rereferral, unless such time is extended by the court, and shall send a copy thereof to the applicant or the applicant's attorney, who shall send copies to the other parties, if they have not otherwise been served, before any decree shall be entered or become effective. The water judge may request such written report from the state engineer if the water judge desires.
(5) Persons alone or in concert may initiate and implement plans for
augmentation including water exchange projects. Water conservancy districts, irrigation districts, mutual or public ditch and reservoir companies, municipalities, or other entities which are governed by a board of directors or similar body may initiate and implement plans for augmentation for the benefit of all water users within their boundaries.
(6) The general assembly hereby recognizes the authority of the Colorado
supreme court to adopt rules for filing and service of documents and other case management procedures in water court proceedings. Any such rules that are adopted shall supplement the procedures set forth in this section.
Source: L. 69: p. 1207, � 1. C.R.S. 1963: � 148-21-18. L. 70: p. 431, � 3. L. 71: pp.
1321, 1323, 1326, 1330, �� 1, 1, 1, 1. L. 73: pp. 1522, 1523, �� 3, 2. L. 77: (1)(d) and (3)(b) amended, p. 1702, � 2, effective June 19. L. 79: (1)(b) amended, p. 1378, � 1, effective May 31. L. 81: (1)(a) amended, p. 1786, � 1, effective April 24; (3)(c) amended and (4) R&RE, p. 1788, �� 1, 2, effective July 1. L. 83: (1)(a) amended, p. 1412, � 4, effective June 3; (1)(b), (1)(d), (2), (3)(a), (3)(c), and (4) amended, p. 1425, � 1, effective July 1. L. 85: (2) amended, p. 1167, � 7, effective July 1. L. 88: (1)(a) and (4) amended, p. 1239, � 2, effective May 17. L. 90: (1)(a) amended, p. 1626, � 2, effective April 13. L. 92: (2) amended, p. 2311, � 2, effective March 20. L. 93: (2) amended, p. 86, � 2, effective March 30. L. 96: (2)(a) amended, p. 326, � 2, effective April 16. L. 98: (3)(c) amended, p. 1345, � 75, effective June 1. L. 2001: (3)(c)(I) amended, p. 306, � 2, effective August 8. L. 2003: (3.5) added, p. 881, � 2, effective August 6. L. 2004: (3)(c)(I) amended, p. 268, � 1, effective August 4. L. 2005: (3)(c)(I)(A) amended and (3)(c)(I)(C), (3)(c)(I)(D), and (3)(c)(I)(E) added, p. 121, � 2, effective April 5; (2)(b), (2)(c), and (3)(b) amended, p. 120, � 1, effective January 1, 2006. L. 2007: (1)(e) added, p. 1269, � 7, effective May 25; (1)(d) amended, p. 1538, � 31, effective May 31. L. 2008: (1)(d) and (1)(e) amended, p. 2144, � 13, effective June 4. L. 2009: (1)(a), (1)(b), and (4) amended and (6) added, (HB 09-1185), ch. 85, p. 310, � 1, effective July 1. L. 2012: IP(2)(b) and (4) amended, (SB 12-175), ch. 208, p. 888, � 162, effective July 1.
Editor's note: Subsection (3)(c)(I)(C) provided for the repeal of subsections
(3)(c)(I)(A), (3)(c)(I)(B), (3)(c)(I)(C), and (3)(c)(II), effective January 1, 2006. (See L. 2005, p. 121.)
Cross references: For the legislative declaration contained in the 2001 act
amending subsection (3)(c)(I), see section 1 of chapter 114, Session Laws of Colorado 2001. For the legislative declaration contained in the 2008 act amending subsections (1)(d) and (1)(e), see section 1 of chapter 417, Session Laws of Colorado 2008.
C.R.S. § 37-92-303
37-92-303. Rulings by the referee. (1) Within sixty-three days after the last day on which statements of opposition may be filed with respect to a particular application, unless such time is extended by the water judge for good cause shown, the referee shall make a ruling on the application unless the referee determines to rerefer the matter to the water judge as specified in subsection (2) of this section. The ruling may disapprove the application in whole or in part in the discretion of the referee even though no statements of opposition have been filed. The ruling of the referee shall give the names of the applicants with respect to each water right or conditional water right involved, the location of the point of diversion or place of storage, the means of diversion, the type of use, the amount and priority, and other pertinent information. In the case of a plan for augmentation, such ruling shall include a complete statement of such plan as approved or disapproved. The ruling shall be filed with the water clerk, subject to judicial review. A copy of the ruling shall be sent by the water clerk by regular or electronic mail to the applicant, to each person who has filed a statement of opposition, to the state engineer, and to the division engineer.
(2) The referee may determine not to make a ruling as specified in
subsection (1) of this section and to rerefer the matter to the water judge for a decision as provided in this article. Such rereferral shall be accomplished by order of the referee, which shall be entered within sixty-three days following the last month in which statements of opposition may be filed with respect to the particular application, unless such time is extended by the water judge for good cause shown. The referee shall rerefer the matter to the water judge at any time before the referee's hearing upon a motion to rerefer by the applicant or any opposer certifying that party's intent to protest an adverse ruling of the referee. A motion to rerefer shall not be a prerequisite to a protest of the ruling of the referee. A copy of the order shall be sent by the water clerk to the applicant and to each person who has filed a statement of opposition and to the state engineer and the division engineer by regular or electronic mail.
Source: L. 69: p. 1208, � 1. C.R.S. 1963: � 148-21-19. L. 71: p. 1327, � 2. L. 83:
Entire section amended, p. 1427, � 2, effective July 1. L. 88: (2) amended, p. 1240, � 3, effective July 1. L. 2005: Entire section amended, p. 122, � 3, effective April 5. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 888, � 163, effective July 1.
C.R.S. § 37-92-304
37-92-304. Proceedings by the water judge. (1) On the first Tuesday of March and September in division 1, the second Tuesday of March and September in division 2, the third Tuesday of March and September in division 3, the fourth Tuesday of March and September in division 4, the first Tuesday of April and October in division 5, the second Tuesday of April and October in division 6, and the third Tuesday of April and October in division 7, the water judge for the particular division may set for hearing matters in which protests have been filed or orders of rereferral entered by the referee during the preceding six calendar months. Such matters shall generally be considered by the water judge in chronological order; however, the dates and times of hearings shall be adjusted by the water judge at his discretion for the convenience of persons involved or for other reasonable cause.
(2) Within twenty-one days after the date of mailing thereof, any person,
including the state engineer, who wishes to protest or support a ruling of the referee shall file in writing a pleading in quadruplicate with the water clerk and shall mail or deliver a copy to all parties and so certify. Such pleading shall clearly identify the matter and shall state the factual and legal grounds therefor. Upon filing of such a pleading, the party, except for the state engineer who shall pay no filing fee, shall pay a filing fee equal to that for filing an answer to a civil action in district court, as provided in section 13-32-101, C.R.S. No person who is already a party in the matter may be required to file any additional pleading or to pay any additional filing fee to maintain a party status in the case. All fees collected pursuant to this subsection (2) shall be transmitted to the state treasurer and be divided as provided in section 13-32-101, C.R.S.
(3) As to the rulings with respect to which a pleading has been filed and as to
matters which have been rereferred to the water judge by the referee, there shall be de novo hearings. The court shall not be bound by findings of the referee. The division engineer shall appear to furnish pertinent information and may be examined by any party, and, if requested by the division engineer, the attorney general shall represent the division engineer. The applicant shall appear either in person or by counsel and shall have the burden of sustaining the application, whether it has been granted or denied by the ruling or has been rereferred by the referee, and in the case of a change of water right or a plan for augmentation the burden of showing absence of any injurious effect. All parties of record shall remain parties in the proceedings before the water judge. Any person may move to intervene in proceedings before the water court upon payment of a fee, equal to that for filing an answer to a civil action in district court, except for the state engineer who shall pay no fee, and upon a showing of mistake, inadvertence, surprise, or excusable neglect or to support a referee's ruling. The water court shall grant the motion to intervene only if intervention is sought no less than thirty-five days before any pretrial conference or due date for trial data certificates and if intervention will not unduly delay or prejudice the adjudication of the rights of the original parties. Service of copies of applications, written pleadings, or any other documents is not necessary for jurisdictional purposes, but the water judge may order service of copies of any documents on any persons and in any manner which he or she deems appropriate.
(3.5) In connection with a water adjudication proceeding to change the place
of use of a water right from a mutual agricultural ditch or mutual agricultural ditch system or mutual agricultural reservoir company, the remaining owners of water rights in such ditch or ditch system or reservoir company, in the discretion of the court and where material injury has been demonstrated by the objector, may be awarded payment of their reasonable attorney fees and costs, including reasonable engineering and expert witness fees and the cost of any structures or measures necessary within the ditch or reservoir system to ensure the continuation of such owners' historically available surface water supply, under the remaining water rights which such owners continue to own, without injury or any increase in cost, unless the applicant seeking such change of water right shall have sought such change based on limitations, conditions, and structural changes necessary to prevent material injury to the exercise of such owners' water right. In cases where the objector fails to demonstrate material injury or the applicant has incorporated sufficient limitations, conditions, and structural changes to prevent material injury and such opposition has been maintained frivolously or for purposes of harassment, the applicant, in the discretion of the court, may be awarded payment of his reasonable attorney fees and costs, including reasonable engineering and expert witness fees. The provisions of this subsection (3.5) shall not apply to decrees which have been entered prior to May 17, 1988, or decrees pending before the referee as of May 17, 1988, and which are concluded before the referee without being protested to the water judge.
(3.6) Any decree entered for a water right requiring a well to be constructed
on lands owned by other than the applicant shall specify that no person shall construct a well on property owned by another unless the right to construct such a well is obtained by consent of the landowner or the exercise of the power of eminent domain by a person having the power of eminent domain under law.
(4) If an applicant, a person who has filed a statement of opposition, or a
protestant requests, the hearing shall be conducted by the water judge in the district court of the county in which is located the point of diversion of the water right or conditional water right involved. In case the hearing involves points of diversion located in more than one county, the hearing shall be conducted by the water judge in the district court of that county in which is located the major part, as determined by the water judge, of the diversions or proposed diversions involved.
(5) A decision of the water judge with respect to a protested ruling of the
referee shall either confirm, modify, reverse, or reverse and remand such ruling, and, in the case of the modification of a ruling, the decision may grant a different priority than that granted by the referee and may specify its own terms and conditions with respect to a change of water right or plan for augmentation. A decision of the water judge in regard to a matter which has been rereferred by the referee shall dispose fully of such matter and may contain such provisions as the water judge deems appropriate. The water judge shall confirm and approve by judgment and decree a ruling of the referee with respect to which no protest was filed, but the water judge may reverse, or reverse and remand, any such ruling which he deems to be contrary to law.
(6) Any decision of the water judge as specified in subsection (5) of this
section dealing with a change of water right, implementation of a rotational crop management contract, or a plan for augmentation shall include the condition that the approval of such change, contract, or plan shall be subject to reconsideration by the water judge on the question of injury to the vested rights of others for such period after the entry of such decision as is necessary or desirable to preclude or remedy any such injury. Such condition setting forth the period allowed for reconsideration shall be determined by the water judge after making specific findings and conclusions including, when applicable, the historical use to which the water rights involved were put, if any, and the proposed future use of the water rights involved. The water judge shall specify such period in the decision, but the period may be extended upon further decision by the water judge that the nonoccurrence of injury shall not have been conclusively established. Any decision may contain any other provision that the water judge deems proper in determining the rights and interests of the persons involved. All decisions of the water judge, including decisions as to the period of reconsideration and extension thereof, shall become a judgment and decree as specified in this article and be appealable upon entry, notwithstanding conditions subjecting the decisions to reconsideration on the question of injury to the vested rights of others as provided in this subsection (6).
(6.5) Any decision of a water judge concerning a significant water
development activity shall include, as a condition of the decree approving the change application, a provision in the decree for retained jurisdiction to ensure payment of any fees imposed pursuant to section 37-92-305 (4.5).
(7) Judgments and decrees shall be entered promptly with respect to
matters that have been heard and matters in which no protest has been filed or order of rereferral entered. A judgment and decree may be confined to one matter or may include more than one matter at the discretion of the water judge. The judgment and decree shall give the names of the applicants with respect to each water right or conditional water right involved, the location of the point of diversion or place of storage, the means of diversion, the type of use, the amount and priority, and other pertinent information. In the case of a plan for augmentation, the judgment and decree shall contain a complete statement of the plan. In the case of applications for determination of water rights or conditional water rights, the judgment and decree shall state the date of the filing of the application.
(8) A copy of such judgment and decree shall be filed with the state
engineer and the division engineer, and a copy thereof shall be provided by the water clerk to any other person requesting same upon payment of a fee of seventy-five cents per page; except that the state engineer by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the state engineer by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S. Promptly after receiving a judgment and decree, the division engineer and the state engineer shall enter in their records the determinations therein made as to priority, location, and use of the water rights and conditional water rights, and they shall regulate the distribution of water accordingly.
(9) Appellate review shall be allowed to the judgment and decree, or any
part thereof, as in other civil actions, but no appellate review shall be allowed with respect to that part of the judgment or decree which confirms a ruling with respect to which no protest was filed.
(10) Clerical mistakes in said judgment and decree may be corrected by the
water judge on his own initiative or on the petition of any person, and substantive errors therein may be corrected by the water judge on the petition of any person whose rights have been adversely affected thereby and a showing satisfactory to the water judge that such person, due to mistake, inadvertence, or excusable neglect, failed to file a protest with the water clerk within the time specified in this section. Any petition referred to in the preceding sentence shall be filed with the water clerk within three years after the date of the entry of said judgment and decree. The water judge may order such notice of any such correction proceedings as he determines to be appropriate. Any order of the water judge making such corrections shall be subject to appellate review as in other civil actions.
(11) Repealed.
Source: L. 69: p. 1208, � 1. C.R.S. 1963: � 148-21-20. L. 70: p. 432, � 4. L. 71:
pp. 1327, 1328, �� 3, 4. L. 73: p. 1525, � 1. L. 77: (6) amended, p. 1703, � 3, effective June 19. L. 81: (6) amended, p. 1792, � 1, effective May 28. L. 83: (2), (3), and (8) amended and (11) repealed, pp. 1428, 1430, �� 3, 6, effective July 1. L. 88: (1) to (3) amended and (3.5) and (3.6) added, p. 1241, � 4, effective May 17. L. 98: (8) amended, p. 1345, � 76, effective June 1. L. 2003: (6.5) added, p. 881, � 3, effective August 6. L. 2006: (6) amended, p. 1000, � 2, effective May 25. L. 2008: (2) amended, p. 2144, � 14, effective June 4. L. 2012: (2) and (3) amended, (SB 12-175), ch. 208, p. 889, � 164, effective July 1.
Cross references: For the legislative declaration contained in the 2008 act
amending subsection (2), see section 1 of chapter 417, Session Laws of Colorado 2008.
C.R.S. § 37-92-305
37-92-305. Standards with respect to rulings of the referee and decisions of the water judge - definitions. (1) In the determination of a water right the priority date awarded shall be that date on which the appropriation was initiated if the appropriation was completed with reasonable diligence. If the appropriation was not completed with reasonable diligence following the initiation thereof, then the priority date thereof shall be that date from which the appropriation was completed with reasonable diligence.
(2) Subject to the provisions of this article, a particular means or point of
diversion of a water right may also serve as a point or means of diversion for another water right.
(3) (a) A change of water right, implementation of a rotational crop
management contract, or plan for augmentation, including water exchange project, shall be approved if such change, contract, or plan will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. In cases in which a statement of opposition has been filed, the applicant shall provide to the referee or to the water judge, as the case may be, a proposed ruling or decree to prevent such injurious effect in advance of any hearing on the merits of the application, and notice of such proposed ruling or decree shall be provided to all parties who have entered the proceedings. If it is determined that the proposed change, contract, or plan as presented in the application and the proposed ruling or decree would cause such injurious effect, the referee or the water judge, as the case may be, shall afford the applicant or any person opposed to the application an opportunity to propose terms or conditions that would prevent such injurious effect.
(b) Decrees for changes of water rights that implement a contract or
agreement for a lease, loan, or donation of water, water rights, or interests in water to the Colorado water conservation board for instream flow use under section 37-92-102 (3)(b) shall provide that the board or the lessor, lender, or donor of the water may bring about beneficial use of the historical consumptive use of the changed water right downstream of the instream flow reach as fully consumable reusable water, subject to such terms and conditions as the water court deems necessary to prevent injury to vested water rights or decreed conditional water rights.
(c) In determining the amount of historical consumptive use for a water right
in division 1, 2, 3, 4, 5, or 6, the water judge shall not consider any decrease in use resulting from the following:
(I) The land on which the water from the water right has been historically
applied is enrolled under a federal land conservation program;
(II) The nonuse or decrease in use of the water from the water right by its
owner for a maximum of five years in any consecutive ten-year period as a result of participation in:
(A) A water conservation program, including a pilot program, approved in
advance by a water conservation district, water district, water authority, or water conservancy district for lands that are within the entity's jurisdictional boundaries or by a state agency with explicit statutory jurisdiction over water conservation or water rights;
(B) A water conservation program, including a pilot program, established
through formal written action or ordinance by a water district, water authority, or municipality or its municipal water supplier for lands that are within the entity's jurisdictional boundaries;
(C) An approved land fallowing program as provided by law in order to
conserve water or to provide water for compact compliance; or
(D) A water banking program as provided by law; or
(III) Subject to subsection (3)(f) of this section, the decrease in use or nonuse
of a water right owned by an electric utility in division 6 since January 1, 2019, that occurs during the period beginning January 1, 2019, and ending December 31, 2050; except that any water right, or portion of a water right, that is leased or loaned by the electric utility to a third party is not entitled to historical consumptive use protection pursuant to this section for the period that the water right, or portion of the water right, is subject to the lease or loan.
(d) Quantification of the historical consumptive use of a water right must be
based on an analysis of the actual historical use of the water right for its decreed purposes during a representative study period that includes wet years, dry years, and average years. The representative study period:
(I) Must not include undecreed use of the subject water right; and
(II) Need not include every year of the entire history of the subject water
right.
(e) If an application is for a change of that portion of a water right for which a
previous change of water right has been judicially approved and for which the historical consumptive use was previously quantified, the water judge shall not reconsider or requantify the historical consumptive use. However, the water judge may, without requantifying the historical consumptive use, impose such terms and conditions on the future use of that portion of the water right that is the subject of the change as needed to limit the future consumptive use of that portion of the water right to the previously quantified historical consumptive use.
(f) (I) To qualify for historical consumptive use protection pursuant to
subsection (3)(c)(III) of this section or to qualify for the exception to abandonment pursuant to section 37-92-103 (2)(c), an electric utility that manages all units of a generating station in division 6 shall, for itself and on behalf of the other owners of the generating station, file with the division 6 water court an application seeking quantification of the historical consumptive use for the absolute direct flow water rights serving the generating station. The application must be filed with the division 6 water court within one year after the date that the final unit of the generating station is taken offline.
(II) The application described in subsection (3)(f)(I) of this section is a claim
for a determination of a water right, and the division 6 water court has jurisdiction to determine the historical consumptive use for the absolute direct flow water rights serving the generating station in accordance with this section using the standards and procedures set forth in sections 37-92-302, 37-92-303, and 37-92-304 and this section, including standards and procedures related to notice and participation of opposers; except that a change of water right is not required as a prerequisite for the quantification of the historical consumptive use by the division 6 water court. If the division 6 water court enters a decree quantifying the historical consumptive use, subsection (3)(e) of this section applies to the absolute direct flow water rights.
(III) The quantification of the historical consumptive use by the division 6
water court described in this subsection (3)(f) may be used in a proceeding to change the water right if and only if the water right subject to the change will not be diverted to any location east of the continental divide or sold for use outside of the state of Colorado.
(3.5) Applications for a simple change in a surface point of diversion. (a)
For purposes of this subsection (3.5):
(I) Intervening surface diversion point or inflow means any ditch diversion
or other point of diversion for a decreed surface water right, point of replacement or point of diversion by exchange that is part of an existing decreed exchange, well or well field that is decreed to operate as a surface diversion, or point of inflow from a tributary surface stream.
(II) Simple change in a surface point of diversion means a change in the
point of diversion from a decreed surface diversion point to a new surface diversion point that is not combined with and does not include any other type of change of water right and for which there is no intervening surface diversion point or inflow between the new point of diversion and the diversion point from which a change is being made. Simple change in a surface point of diversion does not include a change of point of diversion from below or within a stream reach for which there is an intervening surface diversion point or inflow or decreed instream flow right to an upstream location within or above that reach.
(b) (I) An application for a simple change in a surface point of diversion is
subject to all provisions of this article, including sections 37-92-302 to 37-92-305, except as specifically modified by this subsection (3.5).
(II) The procedures in this subsection (3.5) apply only to a simple change in a
surface point of diversion and do not change the procedures or legal standards applicable to any other change of water right.
(III) An application for a simple change in a surface point of diversion may:
(A) Be made with respect to a change of point of diversion that has already
been physically accomplished or with respect to a requested future change of point of diversion;
(B) Be made with respect to an absolute water right or a conditional water
right; and
(C) Include one or more water rights that are to be diverted at the new point
of diversion. The application must not include or be consolidated or joined with an action by the applicant seeking any other type of change of water right or diligence proceeding or application to make absolute with respect to the water right or rights included in the application.
(c) The applicant bears the initial burden in an application for a simple
change in a surface point of diversion to prove, through the imposition of terms and conditions if necessary, that the simple change in a surface point of diversion will not:
(I) Result in diversion of a greater flow rate or amount of water than has been
decreed to the water right and, without requantifying the water right, is physically and legally available at the diversion point from which a change is being made; or
(II) Injuriously affect the owner of or persons entitled to use water under a
vested water right or a decreed conditional water right.
(d) If the applicant makes a prima facie showing with respect to the matters
in paragraph (c) of this subsection (3.5), the case proceeds as a simple change in a surface point of diversion, the applicant has the burden of persuasion with respect to the elements of its case, including the matters in paragraph (c) of this subsection (3.5), and the standards of paragraph (e) of this subsection (3.5) apply. If the applicant does not make such a prima facie showing, the referee or water judge shall dismiss the application without prejudice to the applicant's filing an application for a change of water right that is not a simple change in a surface point of diversion.
(e) The following standards apply to a simple change in a surface point of
diversion:
(I) There is a rebuttable presumption that a simple change in a surface point
of diversion will not cause an enlargement of the historical use associated with the water rights being changed.
(II) The decree must not requantify the water rights for which the point of
diversion is being changed.
(III) The applicant, in prosecuting the simple change in a surface point of
diversion, is not required to:
(A) Prove that the water diverted at the new point of diversion can and will
be diverted and put to use within a reasonable period of time;
(B) Prove compliance with the anti-speculation doctrine; or
(C) Provide or make a showing of future need imposed by the cases of
Pagosa Area Water and Sanitation District v. Trout Unlimited, 219 P.3d 774 (Colo. 2009), or City of Thornton v. Bijou Irrigation Co., 926 P.2d 1 (Colo. 1996); except that nothing in this subsection (3.5) relieves the applicant or its successors in any pending or future diligence application from any of the requirements for demonstrating diligence in the development of a conditional water right changed pursuant to this subsection (3.5).
(3.6) Correction to an established but erroneously described point of
diversion - definitions. (a) As used in this subsection (3.6):
(I) Diverter means the owner or user of a decreed water right.
(II) Established but erroneously described point of diversion means a point
of diversion of either surface water or groundwater:
(A) That has been at the same physical location since the applicable decree
or decrees confirmed the water right, unless it was relocated pursuant to section 37-86-111 or, in the case of a well, relocated according to a valid well permit. A diversion that has been in the same physical location since the enactment of the Adjudication Act of 1943, which was repealed in 1969, has a rebuttable presumption of having been located at the same physical location since its inception.
(B) That is not located at the location specified in the applicable decree or
decrees confirming the water right; and
(C) From which the diverter has diverted water with the intent to divert
pursuant to the decree or decrees confirming the water right.
(b) A water right is deemed to be diverted at its decreed location and is not
erroneously described if:
(I) With respect to a surface water diversion:
(A) The physical location of the point of diversion is within five hundred feet
of the decreed location; and
(B) Neither a natural surface stream that is tributary to the diverted stream
nor another surface water right is located between the decreed location and its physical location;
(II) With respect to a groundwater diversion, the physical location of the
point of diversion is within two hundred feet of the decreed location, unless the decree specifies a lesser distance for acceptable variation in location.
(c) To proceed with a correction in point of diversion under this subsection
(3.6) for an established but erroneously described point of diversion that is due to a clerical mistake in the decree, but does not fall within the three-year period set forth in section 37-92-304 (10) for the water clerk to correct the mistake, the diverter of the established but erroneously described point of diversion may file a petition with the water clerk for correction of the clerical mistake within three years after the diverter became aware of the mistake. The same procedures set forth in section 37-92-304 (10) apply to corrections in point of diversion under this paragraph (c).
(d) (I) To proceed with a correction in point of diversion under this subsection
(3.6) for an established but erroneously described point of diversion that is not due to a clerical mistake in the decree, a diverter has the burden to prove by a preponderance of the evidence that a point of diversion is an established but erroneously described point of diversion.
(II) Except as specifically modified by this subsection (3.6), an application for
a correction in an established but erroneously described point of diversion is subject to all provisions of this article, including sections 37-92-302 to 37-92-305.
(III) The procedures in this subsection (3.6) apply only to a correction in an
established but erroneously described point of diversion and do not alter the procedures or legal standards applicable to a change of water right.
(IV) A diverter may apply for a correction in an established but erroneously
described point of diversion only:
(A) For a point of diversion that is already in place; and
(B) If one or more water rights are diverted at the corrected point of
diversion.
(V) The application must not include or be consolidated or joined with an
action by the applicant seeking any type of change of water right or diligence proceeding or application to make absolute with respect to the water right or rights included in the application.
(e) If an applicant proves the matters in paragraph (a) of this subsection (3.6)
by a preponderance of the evidence, then there is a rebuttable presumption that a correction in an established but erroneously described point of diversion:
(I) Will not cause an enlargement of the historical use associated with a
water right diverted at the point of diversion; and
(II) Does not injuriously affect the owner of or persons entitled to use water
under a vested water right or a decreed conditional water right.
(f) If the applicant does not prove the matters in paragraph (a) of this
subsection (3.6) or if the presumptions stated in this subsection (3.6) are successfully rebutted, the referee or water judge shall dismiss the application without prejudice to the applicant's filing an application for a change of water right.
(g) The following standards apply to a correction in an established but
erroneously described point of diversion:
(I) The decree must not requantify the water rights for which the erroneously
described point of diversion is being corrected;
(II) The applicant, in prosecuting the correction in the erroneously described
point of diversion, is not required to:
(A) Prove that the water diverted at the corrected point of diversion can and
will be diverted and put to use within a reasonable period of time;
(B) Prove compliance with the anti-speculation doctrine; or
(C) Provide or make a showing of future need imposed by the cases of
Pagosa Area Water and Sanitation District v. Trout Unlimited, 219 P.3d 774 (Colo. 2009), or City of Thornton v. Bijou Irrigation Co., 926 P.2d 1 (Colo. 1996);
(III) The state engineer shall not curtail a diversion based solely on the fact
that the point of diversion is erroneously described; and
(IV) Nothing in this subsection (3.6) modifies the state engineer's authority to
make determinations regarding the administration of water rights and the distribution of water.
(h) During a change of water right case or an abandonment proceeding, if a
point of diversion qualifies as an established but erroneously described point of diversion pursuant to this subsection (3.6), full consideration of the historical consumptive use of the water right at its physical location shall not be denied due solely to the fact that the point of diversion is not at its decreed location.
(4) (a) Terms and conditions to prevent injury as specified in subsection (3) of
this section may include:
(I) (A) A limitation on the use of the water that is subject to the change,
taking into consideration the historical use and the flexibility required by annual climatic differences.
(B) For purposes of determining lawful historical use, if a decree entered
before January 1, 1937, establishes an irrigation water right and does not expressly limit the number of acres that the appropriator may irrigate under the water right, the lawful maximum amount of irrigated acreage equals the maximum amount of acreage irrigated in compliance with all express provisions of the decree during the first fifty years after entry of the original decree, unless a court of competent jurisdiction has entered a final judgment to the contrary. Irrigated acreage not exceeding the lawful maximum amount and located within a reasonable proximity to the ditch, including extensions and lateral delivery infrastructure, as constructed within the first fifty-year period after entry of the original decree, may be included in the historical average in an historical consumptive use analysis supporting a change of water right application.
(II) The relinquishment of part of the decree for which the change is sought
or the relinquishment of other decrees owned by the applicant that are used by the applicant in conjunction with the decree for which the change has been requested, if necessary to prevent an enlargement upon the historical use or diminution of return flow to the detriment of other appropriators;
(III) A time limitation on the diversion of water for which the change is sought
in terms of months per year;
(IV) If the application is for the implementation of a rotational crop
management contract, separate annual historical consumptive use limits for the parcels to be rotated according to the historical consumptive use of such lands. To the extent that some or all of the water that is the subject of the contract is not utilized at a new place of use in a given year, such water may be utilized on the originally irrigated lands if so provided in the decree and contract and if the election to irrigate is made prior to the beginning of the irrigation season and applies to the entire irrigation season. A failure of a party to a rotational crop management contract who is not the owner of the irrigation water rights that are subject to the contract to put to beneficial use the full amount of water that was decreed pursuant to the application for approval of the contract shall not be deemed to reduce the amount of historical consumptive use that the owner of the water rights has made of the rights.
(V) A term or condition that addresses decreases in water quality caused by
a change in the type of use and permanent removal from irrigation of more than one thousand acre-feet of consumptive use per year that includes a change in the point of diversion, if the change would cause an exceedance or contribute to an existing exceedance of water quality standards established by the water quality control commission pursuant to section 25-8-204, C.R.S., in effect at the time of the application, or, if ordered by the court, subsequently adopted by the commission prior to the entry of the decree, for the stream segment at the original point of diversion. Under any such term or condition, the applicant shall be responsible for only that portion of the exceedance attributable to the proposed change. Any such term or condition and any activity to be taken in fulfillment thereof shall not be inconsistent with the Colorado Water Quality Control Act, article 8 of title 25, C.R.S., and rules promulgated pursuant to said act, and implementation of section 303 (d) of the Federal Water Pollution Control Act by the water quality control division. This subparagraph (V) shall not be interpreted to confer standing on any person to assert injury who would not otherwise have such standing.
(VI) Such other conditions as may be necessary to protect the vested rights
of others.
(b) If the water judge approves the implementation of a rotational crop
management contract, the rotational crop management contract shall be recorded with the clerk and recorder of the county in which the historically irrigated lands are located, and the water judge shall make affirmative findings that the implementation of the rotational crop management contract:
(I) Is capable of administration by the state and division engineers. In order to
satisfy the requirement of this subparagraph (I), the water judge may require the applicant to provide signage and mapping of the lands not irrigated on an annual basis.
(II) Will neither expand the historical use of the original water rights nor
change the return flow pattern from the historically irrigated land in a manner that will result in an injurious effect as specified in subsection (3) of this section; and
(III) Will comply with paragraph (a) of subsection (4.5) of this section with
regard to potential soil erosion, revegetation, and weed management.
(c) With respect to a change-in-use application that seeks approval to
change an absolute decreed irrigation water right used for agricultural purposes to an agricultural water protection water right, as described in subsection (19) of this section, the decree must:
(I) Quantify the historical diversions and historical consumptive use of the
absolute decreed irrigation water right used for agricultural purposes pursuant to subsection (3) of this section;
(II) Quantify the return flows associated with the historical use of the water
right in time, place, and amount;
(III) Provide terms and conditions, pursuant to paragraph (a) of this
subsection (4), for a change in the use of the agricultural water protection water right pursuant to a substitute water supply plan, approved in accordance with sections 37-92-308 (12) and 37-80-123, including the return flow obligations in time, place, and amount that prevent material injury to other vested water rights and decreed conditional water rights;
(IV) In accordance with subparagraph (II) of paragraph (b) of subsection (19)
of this section, allow an amount of the quantified historical consumptive portion of water subject to the changed agricultural water protection water right to be delivered to a point of diversion within the water division of historical use without designating the beneficial use to which the water will be applied. Delivery must be to a point of diversion that is approved by the state engineer in accordance with conditions:
(A) Set forth in section 37-92-308 (12); and
(B) Developed by the state engineer pursuant to section 37-80-123; and
(V) For a period that the water judge deems necessary and desirable to
remedy or preclude injury and pursuant to section 37-92-304 (6), be subject to retained jurisdiction by the water judge on the question of injury to other vested water rights.
(4.5) (a) The terms and conditions applicable to changes of use of water
rights from agricultural irrigation purposes to other beneficial uses shall include reasonable provisions designed to accomplish the revegetation and noxious weed management of lands from which irrigation water is removed. The applicant may, at any time, request a final determination under the court's retained jurisdiction that no further application of water will be necessary in order to satisfy the revegetation provisions. Dry land agriculture may not be subject to revegetation order of the court.
(b) (I) If article 65.1 of title 24, C.R.S., is not applicable to a significant water
development activity, the court may utilize the methods specified in this section to mitigate certain potential effects of such activity. Subject to the provisions of this article, a court may impose the following mitigation payments upon any person who files an application for removal of water as part of a significant water development activity:
(A) Transition mitigation payment. A transition mitigation payment shall
equal the amount of the reduction in property tax revenues for property that is subject to taxation by an entity listed in section 37-92-302 (3.5) that is attributable to a significant water development activity. Such payment shall be made on an annual basis in accordance with the repayment schedule established by the court unless the applicant and the taxing entities mutually agree on an alternate payment schedule. The county shall certify, as appropriate, to the change applicant each year the amount of mitigation payment due under this subparagraph (I). Any moneys collected pursuant to this sub-subparagraph (A) shall be distributed by the board of county commissioners of the county from which water is removed among the entities in the county in proportion to the percentage of their share of the total of property taxes for nonbonded indebtedness purposes.
(B) Bonded indebtedness payment. A bonded indebtedness payment shall
be made on an annual basis in the same manner as mitigation payments and shall be based on the bonded indebtedness on the property that is to be removed from irrigation at the time the decree is entered. The bonded indebtedness payment shall be equal to the reduction in bond repayment revenues that is attributable to the removal of water as part of a significant water development activity. The court may identify such mitigation payment as part of the decree. Whenever an application for determination with respect to a change of water rights requires a payment pursuant to this sub-subparagraph (B), the board of county commissioners of the county from which water is removed shall distribute any moneys collected among the entities in the county having bonded indebtedness in proportion to the percentage of their share of the total of such indebtedness.
(II) Unless the court determines that a greater or lesser period of time would
be appropriate based upon the evidence of record, the amount of the transition mitigation and bonded indebtedness payments shall be equal to the total reduction in revenues for a period of thirty years commencing upon the date of initial reductions in such revenues as a consequence of the removal of water associated with the significant water development activity.
(III) To the extent that there is an increase in the property tax or bonded
indebtedness revenues after the date of the commencement of the payment obligations identified under sub-subparagraphs (A) and (B) of subparagraph (I) of this paragraph (b) as a consequence of a change in land use and accompanying modification of the assessed valuation of the land, such payment obligations shall be correspondingly reduced.
(IV) When determining the amount to be paid pursuant to this paragraph (b),
if any, the court shall take into consideration any evidence of a beneficial impact to the county from which the water is to be diverted and shall adjust the amount of the payment accordingly.
(c) Paragraph (b) of this subsection (4.5) shall not apply to:
(I) Any removal of water involving water rights owned by the applicant prior
to August 6, 2003; any removal of water that was accomplished prior to August 6, 2003; any removal of water for which an application for a change of water rights was pending in the water court on such date; or any removal of water for which a decree has been entered that continues to be subject to the water court's retained jurisdiction;
(II) Any removal of water when:
(A) Such change is undertaken by a water conservancy district, water
conservation district, special district, ditch company, other ditch organization, or municipality;
(B) The water was beneficially used within the boundaries or service area of
such entity before the removal; and
(C) The water will continue to be beneficially used within such entity's
boundaries or service area after the removal; or
(III) Any removal of water where the new place of use is within a twenty-mile
radius of the historic place of use, even though such new place is located within a different county. For purposes of this subparagraph (III), the distance between the historic place of use and the proposed new place of use shall be measured between the most proximate points in the respective areas.
(5) In the case of plans for augmentation including exchange, the supplier
may take an equivalent amount of water at his point of diversion or storage if such water is available without impairing the rights of others. Any substituted water shall be of a quality and quantity so as to meet the requirements for which the water of the senior appropriator has normally been used, and such substituted water shall be accepted by the senior appropriator in substitution for water derived by the exercise of his decreed rights.
(6) (a) In the case of an application for determination of a water right or a
conditional water right, a determination with respect to a change of a water right or approval of a plan for augmentation, which requires construction of a well, other than a well described in section 37-90-137 (4), the referee or the water judge, as the case may be, shall consider the findings of the state engineer, made pursuant to section 37-90-137, which granted or denied the well permit and the consultation report of the state engineer or division engineer submitted pursuant to section 37-92-302 (2)(a). The referee or water judge may thereupon grant a final or conditional decree if the construction and use of any well proposed in the application will not injuriously affect the owner of, or persons entitled to use, water under a vested water right or decreed conditional water right. If the court grants a final or conditional decree, the state engineer shall issue a well permit. Except in cases in which the state engineer or division engineer is a party, all findings of fact contained in the consultation report concerning the presence or absence of injurious effect shall be presumptive as to such facts, subject to rebuttal by any party.
(b) In the case of wells described in section 37-90-137 (4), the referee or
water judge shall consider the state engineer's determination as to such groundwater as described in section 37-92-302 (2) in lieu of findings made pursuant to section 37-90-137, and shall require evidence of compliance with the provisions of section 37-92-302 (2) regarding notice to persons with recorded interests in the overlying land. The state engineer's findings of fact contained within such determination shall be presumptive as to such facts, subject to rebuttal by any party.
(c) Any application in water division 3 that involves new withdrawals of
groundwater that will affect the rate or direction of movement of water in the confined aquifer system shall be permitted pursuant to a plan of augmentation that, in addition to all other lawful requirements for such plans, shall recognize that unappropriated water is not made available and injury is not prevented as a result of the reduction of water consumption by nonirrigated native vegetation. In any such augmentation plan decree, the court shall also retain jurisdiction for the purpose of revising such decree to comply with the rules and regulations promulgated by the state engineer pursuant to section 37-90-137 (12)(b)(I), as it existed prior to July 1, 2004.
(7) Prior to the cancellation or expiration of a conditional water right granted
pursuant to a conditional decree, the court wherein such decree was granted shall give notice, within not less than sixty-three days nor more than ninety-one days, by certified or registered mail to all persons to whom such conditional right was granted, at the last-known address appearing on the records of such court.
(8) (a) Except as specified in paragraph (b) of this subsection (8), in reviewing
a proposed plan for augmentation and in considering terms and conditions that may be necessary to avoid injury, the referee or the water judge shall consider the depletions from an applicant's use or proposed use of water, in quantity and in time, the amount and timing of augmentation water that would be provided by the applicant, and the existence, if any, of injury to any owner of or persons entitled to use water under a vested water right or a decreed conditional water right.
(b) As to decrees for plans for augmentation entered in water division 1 on or
after August 5, 2009, the plan shall not require the replacement of out-of-priority depletions currently affecting the river caused by pumping that occurred prior to March 15, 1974. In the case of an amended plan for augmentation applied for pursuant to this paragraph (b), the water judge may review all of the terms and conditions of the plan.
(c) A plan for augmentation must be sufficient to permit the continuation of
diversions when curtailment would otherwise be required to meet a valid senior call for water, to the extent that the applicant shall provide replacement water necessary to meet the lawful requirements of a senior diverter at the time and location and to the extent the senior diverter would be deprived of the senior diverter's lawful entitlement by the applicant's diversion. A proposed plan for augmentation that relies upon a supply of augmentation water that, by contract or otherwise, is limited in duration shall not be denied solely upon the ground that the supply of augmentation water is limited in duration, if the terms and conditions of the plan prevent injury to vested water rights. The terms and conditions must require replacement of out-of-priority depletions that occur after any groundwater diversions cease. Decrees approving plans for augmentation must require that the state engineer curtail all out-of-priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. A plan for augmentation, including a Colorado water conservation board plan to augment streamflows pursuant to section 37-92-102, may provide procedures to allow additional or alternative sources of augmentation or replacement water, including water leased on a yearly or less frequent basis, to be used in the plan after the initial decree is entered if the use of the additional or alternative sources is part of a substitute water supply plan approved pursuant to section 37-92-308 or if such sources are decreed for such use.
(9) (a) No claim for a water right may be recognized or a decree therefor
granted except to the extent that the waters have been diverted, stored, or otherwise captured, possessed, and controlled and have been applied to a beneficial use, but nothing in this section shall affect appropriations by the state of Colorado for minimum streamflows as described in section 37-92-103 (4).
(b) No claim for a conditional water right may be recognized or a decree
therefor granted except to the extent that it is established that the waters can be and will be diverted, stored, or otherwise captured, possessed, and controlled and will be beneficially used and that the project can and will be completed with diligence and within a reasonable time.
(c) No water right or conditional water right for the storage of water in
underground aquifers shall be recognized or decreed except to the extent water in such an aquifer has been placed there by other than natural means by a person having a conditional or decreed right to such water.
(10) If an application filed under section 37-92-302 for approval of an
existing exchange of water is approved, the original priority date or priority dates of the exchange shall be recognized and preserved unless such recognition or preservation would be contrary to the manner in which such exchange has been administered.
(11) Nontributary groundwater shall not be administered in accordance with
priority of appropriation, and determinations of rights to nontributary groundwater need not include a date of initiation of the withdrawal project. Such determinations shall not require subsequent showings or findings of reasonable diligence, and such determinations entered prior to July 1, 1985, which require such showings or findings shall not be enforced to the extent of such diligence requirements on or after said date. The water judge shall retain jurisdiction as to determinations of groundwater from wells described in section 37-90-137 (4) as necessary to provide for the adjustment of the annual amount of withdrawal allowed to conform to actual local aquifer characteristics from adequate information obtained from well drilling or test holes. Such decree shall then control the determination of the quantity of annual withdrawal allowed in the well permit as provided in section 37-90-137 (4). Rights to the use of groundwater from wells described in section 37-90-137 (4) pursuant to all such determinations shall be deemed to be vested property rights; except that nothing in this section shall preclude the general assembly from authorizing or imposing limitations on the exercise of such rights for preventing waste, promoting beneficial use, and requiring reasonable conservation of such groundwater.
(12) (a) In determining the quantity of water required in an augmentation plan
to replace evaporation from groundwater exposed to the atmosphere in connection with the extraction of sand and gravel by open mining as defined in section 34-32-103 (9), C.R.S., there shall be no requirement to replace the amount of historic natural depletion to the waters of the state, if any, caused by the preexisting natural vegetative cover on the surface of the area which will be, or which has been, permanently replaced by an open water surface. The applicant shall bear the burden of proving the historic natural depletion.
(b) No person who obtains or operates a plan for augmentation or plan of
substitute supply prior to July 1, 1989, shall be required to make replacement for the depletions from evaporation exempted in this subsection (12) or otherwise replace water for increased calls which may result therefrom.
(c) In determining the quantity of water required in an augmentation plan to
replace stream depletions in connection with any mining operation as defined in section 34-32-103 (8), C.R.S., for which a reclamation permit has been obtained as set forth in section 34-32-109, C.R.S., there is no requirement to replace the amount of historic natural depletion to the waters of the state, if any, caused by the preexisting natural vegetative cover and evaporation on the surface of the area that will be, or that has been, eliminated or made impermeable as part of the permitted mining operation. The applicant bears the burden of proving the historic natural depletion.
(13) (a) The water court shall consider the findings of fact made by the
Colorado water conservation board pursuant to section 37-92-102 (6)(b) regarding a recreational in-channel diversion, which findings shall be presumptive as to such facts, subject to rebuttal by any party. In addition, the water court shall consider evidence and make affirmative findings that the recreational in-channel diversion will:
(I) Not materially impair the ability of Colorado to fully develop and place to
consumptive beneficial use its compact entitlements;
(II) Promote maximum utilization of waters of the state;
(III) Include only that reach of stream that is appropriate for the intended
use;
(IV) Be accessible to the public for the recreational in-channel use proposed;
and
(V) Not cause material injury to instream flow water rights appropriated
pursuant to section 37-92-102 (3) and (4).
(b) In determining whether the intended recreation experience is reasonable
and the claimed amount is the appropriate flow for any period, the water court shall consider all of the factors that bear on the reasonableness of the claim, including the flow needed to accomplish the claimed recreational use, benefits to the community, the intent of the appropriator, stream size and characteristics, and total streamflow available at the control structures during the period or any subperiods for which the application is made.
(c) If a water court determines that a proposed recreational in-channel
diversion would materially impair the ability of Colorado to fully develop and place to consumptive beneficial use its compact entitlements, the court shall deny the application.
(d) In addition to determining the minimum amount of streamflow to serve
the applicant's intended and specified reasonable recreation experience, the water court shall make a finding in the decree as to the flow rate below which there is no longer any beneficial use of the water at the control structures for the decreed purposes.
(e) If the other elements of the appropriation are satisfied, the decree shall
specify the total volume of water represented by the flow rates decreed for the recreational in-channel diversion. For purposes of this subsection (13), the total volume of water represented by the flow rates decreed for the recreational in-channel diversion means the sum of the flow rates claimed in cubic feet per second for each day on which a claim is made multiplied by 1.98.
(f) If the court determines that the total volume of water represented by the
flow rates decreed for the recreational in-channel diversion exceeds fifty percent of the sum of the total average historical volume of water for the stream segment where the recreational in-channel diversion is located for each day on which a claim is made, the decree shall:
(I) Specify that the state engineer shall not administer a call for the
recreational in-channel diversion unless the call would result in at least eighty-five percent of the decreed flow rate for the applicable time period;
(II) Limit the recreational in-channel diversion to no more than three time
periods; and
(III) Specify that each time period is limited to one flow rate.
(14) No decree shall be entered adjudicating a change of conditional water
rights to a recreational in-channel diversion.
(15) Water rights for recreational in-channel diversions, when held by a
municipality or others, shall not constitute a use of water for domestic purposes as described in section 6 of article XVI of the state constitution.
(16) In the case of an application for recreational in-channel diversions filed
by a county, municipality, city and county, water district, water and sanitation district, water conservation district, or water conservancy district filed on or after January 1, 2001, the applicant shall retain its original priority date for such a right, but shall submit a copy of the application to the Colorado water conservation board for review and recommendation as provided in section 37-92-102 (6). The board's recommendation shall become a part of the record to be considered by the water court as provided in subsection (13) of this section.
(17) (a) Applicants for approval of a rotational crop management contract
shall pay the state engineer the following fees:
(I) An application fee of one thousand seven hundred thirty-four dollars;
(II) A fee of six hundred seventeen dollars that is due annually beginning one
year after submittal of the application until the application has been decreed by the water judge pursuant to section 37-92-308 (4); and
(III) An annual fee of three hundred dollars per year after the application has
been decreed.
(b) The state engineer shall transmit the fees to the state treasurer, who
shall deposit them in the water resources cash fund created in section 37-80-111.7 (1).
(18) In the case of an augmentation plan that includes the construction of a
recharge structure, the division engineer shall provide, as part of the summary of consultation report described in section 37-92-302 (4), an analysis of potential changes in the groundwater levels downgradient of the proposed recharge structure resulting from the operation of the recharge structure, and the court and referee shall consider the division engineer's analysis.
(19) Agricultural water protection - definitions. (a) (I) After the state
engineer's proposed rules promulgated under section 37-80-123 are reviewed and finalized pursuant to section 37-80-123 (1)(c) and after the Colorado water conservation board has finalized the criteria and guidelines developed pursuant to section 37-60-133, the owner of an absolute decreed irrigation water right used for agricultural purposes may apply in water court to change the use of the water right to an agricultural water protection water right. As used in this section, an agricultural water protection water right means a water right decreed to allow the lease, loan, or trade of up to fifty percent of the water subject to the water right.
(II) After a person has obtained a decreed agricultural water protection
water right, the person may apply for substitute water supply plan approval pursuant to section 37-92-308 (12).
(b) If the owner of a decreed agricultural water protection water right
obtains a substitute water supply plan pursuant to section 37-92-308 (12), the agricultural water protection water right is subject to the following conditions:
(I) The owner of a decreed agricultural water protection water right must
comply with the terms of the decree governing the point of diversion where the leased, loaned, or traded water is being delivered;
(II) The owner may lease, loan, or trade up to fifty percent of the quantified
historical consumptive use portion of the agricultural water protection water right;
(III) Any amount of water not being leased, loaned, or traded must continue
to be used for agricultural purposes:
(A) On the property historically decreed to be served by the original absolute
decreed irrigation water right; or
(B) For as long as the other portion of water is being leased, loaned, or
exchanged, on another property served by the same ditch system;
(IV) The owner of the agricultural water protection water right is required to
participate in one or more of the following programs:
(A) As established by the federal government, the state, a subdivision of the
state, or a nonprofit organization, conservation programs that conserve the land historically served by the irrigation water right, which programs include Colorado's conservation easement program established in article 30.5 of title 38, C.R.S., the United States fish and wildlife service easement progra
C.R.S. § 37-92-308
37-92-308. Substitute water supply plans - special procedures for review - water adjudication cash fund - legislative declaration. (1) The general assembly hereby finds, determines, and declares that:
(a) There are certain circumstances under which the time required to go
through the water court adjudication process can be problematic for some water users. Prior to January 1, 2002, substitute water supply plans had come into common usage for a number of water users, and based on this precedent, it appears desirable to establish some additional authority for the state engineer to approve substitute water supply plans.
(b) Prior to January 1, 2002, the general assembly gave the state engineer
certain authority to approve exchanges and substitute water supply plans, including substitute water supply plans involving sand and gravel mines approved pursuant to sections 37-90-137 (11) and 37-80-120 (5); exchanges pursuant to sections 37-80-120, 37-83-104, and 37-83-106, and other statutes authorizing exchanges; and water uses that are part of the Arkansas river water bank pilot program approved pursuant to article 80.5 of this title; and this section shall not apply to such plans and exchanges.
(c) (I) Prior to January 1, 2003, the general assembly gave the state engineer
administrative authority to regulate wells upon promulgation of rules for a river basin or aquifer, subject to the review of the water judge as provided in section 37-92-501 (3). The general assembly hereby ratifies the amended rules governing the diversion and use of tributary groundwater in the Arkansas river basin of Colorado, as approved by the water judge for water division 2, that became effective on June 1, 1996.
(II) On and after January 1, 2003, the state engineer shall have the authority
in water division 2 to promulgate and amend well administration rules pursuant to sections 37-80-104 and 37-92-501 that include the authority to approve replacement plans that allow the continuing operation of wells causing out-of-priority depletions without requiring a plan for augmentation approved by the water judge.
(III) On and after January 1, 2003, the state engineer shall not have any
authority in water division 1 to approve plans for, or to otherwise allow, the operation of wells, including augmentation wells, that cause out-of-priority depletions unless the wells are operated in accordance with plans for augmentation approved by the water judge or as allowed in this section.
(2) In addition to the authority previously granted to the state engineer,
listed in subsection (1) of this section, the state engineer is authorized to review and approve substitute water supply plans only under the circumstances and pursuant to the procedures set forth in this section.
(3) (a) To provide sufficient time to fully integrate certain wells into the
water court adjudication process for augmentation plans, during 2003, 2004, and 2005, the state engineer may approve annual substitute water supply plans for wells operating in the South Platte river basin that have been operating pursuant to substitute water supply plans approved before 2003, or for augmentation wells, using the procedures and standards set forth in this subsection (3). After December 31, 2005, all such wells shall comply with the provisions of subsection (4) of this section in order to continue operation under a substitute water supply plan. The general assembly finds that this three-year period is a sufficient amount of time to develop augmentation plan applications for these wells, and there shall be no subsequent extensions of this deadline. Beginning January 1, 2006, groundwater diversions from all such wells shall be continuously curtailed unless the wells are included in a plan for augmentation approved by the water judge for water division 1, are included in a substitute water supply plan approved pursuant to subsection (4) of this section, or can be operated under their own priorities without augmentation.
(b) Beginning January 1, 2003, the state engineer may approve the operation
of a well described in paragraph (a) of this subsection (3) under a substitute water supply plan if the following conditions are met:
(I) The well is tributary to the South Platte river, has been included in a
substitute water supply plan previously approved by the state engineer or is an augmentation well, and is included in a new written request for approval of a substitute water supply plan filed with the state engineer after January 1 of each calendar year from 2003 to 2005. The written request shall be signed by a person with legal authority to represent all of the owners of the wells subject to the request and shall contain acknowledgments that the operation of all wells in the substitute water supply plan pursuant to this subsection (3) shall cease no later than December 31, 2005, and that the wells shall be included in an application for approval of a plan for augmentation filed in the district court for water division 1 no later than December 31, 2005, in order to continue subsequent pumping, unless the wells can be operated under their own priorities without augmentation. The request shall also identify for each well, including any augmentation wells: The permit number and location; the projected use and volume of pumping; for all wells using the modified Blaney-Criddle method to determine consumptive use, the projected number of acres and crops to be irrigated; the anticipated stream depletions that affect the river after October 31, 2002, until eighteen months after the date of the request in time, location, and amount, including a detailed description of how such depletions were calculated, and shall list the identity, priority, location, and amount of all replacement water sources to be used to replace stream depletions, including both accretions and depletions attributable to any augmentation wells. Upon the request of any party who has subscribed to the substitute water supply plan notification list for water division 1, the applicant for a substitute water supply plan shall also provide the model used to calculate stream depletions and the assumptions, input data, and output data used by the applicant in such model.
(II) The applicant has provided written notice of the request for approval of
the substitute water supply plan by first-class mail or electronic mail to all parties who have subscribed to the substitute water supply plan notification list for water division 1, and proof of such notice is filed with the state engineer. The applicant shall also provide a complete copy of the request and all accompanying information by email to all parties that have provided email addresses for said notification list.
(III) The state engineer has given the owners of water rights and decreed
conditional water rights thirty-five days after the date of mailing of such notice to file comments on the substitute water supply plan. Such comments shall include any claim of injury, any terms and conditions that should be imposed upon the plan to prevent injury to a party's water rights or decreed conditional water rights, and any other information the opposer wishes the state engineer to consider in reviewing the substitute water supply plan request.
(IV) The state engineer, after consideration of the comments, has determined
that the operation and administration of such plan will replace all out-of-priority stream depletions in time, location, and amount in a manner that will prevent injury to other water rights and decreed conditional water rights, including water quality and continuity to meet the requirements of use to which the senior appropriation has normally been put pursuant to section 37-80-120 (3), and will not impair compliance with the South Platte river compact. The state engineer shall impose such terms and conditions as are necessary to ensure that these standards are met. In making the determinations specified in this subparagraph (IV), the state engineer shall hold a public hearing to address the issues. The public hearing shall be held no sooner than thirty-five days and no later than forty-nine days after the date of mailing of notice of the request for approval of the substitute water supply plan. Notice of the time and place of the hearing shall be provided no later than twenty-one days prior to the hearing to all parties who have subscribed to the substitute water supply plan notification list for water division 1. At the hearing, every party shall be allotted a reasonable amount of time by the state engineer to present its case or defense by oral and documentary evidence and to conduct cross examination. At its own expense, any party may cause the hearing to be recorded by a court reporter or by an electronic recording device. Additionally, in making the determinations specified in this subparagraph (IV), the state engineer shall use the standards listed in paragraph (c) of this subsection (3) for evaluating such plans. It is the legislative intent that the adoption of these standards is only an interim compromise, to give greater certainty to senior surface water users in Colorado than past practices of the state engineer have given, until augmentation plans for these wells have been approved by the water judge for water division 1 and final determinations about the methodologies for calculating the amount and timing of stream depletions have been made by the water judge. These interim standards shall not create any presumptions, shift the burden of proof, or serve as a defense in any application for approval of a plan for augmentation.
(c) (I) For those irrigation wells where diversions are actually measured using
water meters or verified power conversion measurements, the presumed amount of consumptive use from wells used for flood irrigation shall not be less than fifty percent of diversions, and the presumed amount of consumptive use from wells used for sprinkler irrigation shall not be less than seventy-five percent of diversions. For those irrigation wells where diversions are not actually measured, the state engineer shall determine the amount of stream depletions using actual data for the crops grown, acres irrigated, surface water deliveries, and the modified Blaney-Criddle method.
(II) The state engineer shall determine the timing of all stream depletions
caused by pumping wells included in the plan using the United States geological survey stream depletion factor method for all areas covered by such factors. In other areas, the state engineer shall use appropriate groundwater models or other methods acceptable to the state engineer, based on the location of the well, the rate of pumping, the use being made of the groundwater, and the aquifer characteristics.
(III) A substitute water supply plan approved pursuant to this subsection (3)
shall require replacement of the following out-of-priority stream depletions that result from the pumping of wells in the plan: Out-of-priority stream depletions that affect the river after October 31, 2002, from pumping that took place after January 1, 1974, but before the date of the request; and those out-of-priority stream depletions that will affect the river for the eighteen months after the date of the request; except that out-of-priority stream depletions affecting the river from November 1, 2002, through June 15, 2003, may be remedied pursuant to agreements with all injured parties that are noticed in the request and approved as a part of the substitute water supply plan or an amendment thereto. The amount of such depletions shall be separately set forth in any plan approval issued by the state engineer. A substitute water supply plan approved pursuant to this subsection (3) shall require that the state engineer curtail all diversions, the out-of-priority depletions from which are not replaced as required by the plan.
(IV) Existing surface water rights may be used as a replacement water
source in plans requested pursuant to this subsection (3), even if such rights have not been decreed for such use, but the substitute water supply plan shall prevent expanded use of such rights by imposing appropriate limitations, including, where appropriate, volumetric limitations on direct flow rights and shall require replacement of the historical return flows, including ditch seepage losses, from the use of such surface water rights in the time, location, and amount in which they occurred so that other water rights will not be injured. A request seeking to use existing surface water rights that have not been decreed for augmentation use shall include a calculation of the historical diversions and return flows, including estimated ditch seepage losses, attributable to such rights. The presumed amount of on-farm consumptive use from irrigation water rights shall not be more than fifty percent of the amount delivered to the farms; except that if a water court application has been filed and the proposed change of water right is approved as a separate substitute water supply plan pursuant to this section, such water rights shall be used in accordance with their own substitute water supply plan.
(V) Replacement water deliveries required by the substitute water supply
plan shall be provided at the time and location necessary to satisfy the lawful requirements of a senior diverter. In determining the adequacy of the substitute water supply plan to prevent injury to water rights and decreed conditional water rights, the state engineer shall determine the amount of replacement water required for and available to the plan based upon current and projected hydrologic conditions.
(VI) If a substitute water supply plan covers wells, including augmentation
wells, that are also covered by a decreed plan for augmentation or a separate substitute water supply plan, the accounting methodologies required by the decree or the separate plan shall control.
(VII) Substitute water supply plans that include or allow the use of
augmentation wells shall include the terms and conditions needed to account for and replace all out-of-priority stream depletions that will result from their use, including post-pumping depletions. Beginning January 1, 2006, groundwater diversions from all such augmentation wells shall be continuously curtailed unless the wells are included in a plan for augmentation approved by the water judge for water division 1, a substitute water supply plan approved pursuant to subsection (4) of this section, or can be operated under their own priorities without augmentation.
(VIII) If amendments, including but not limited to the addition of more wells
or the addition of different replacement water sources, are proposed to a substitute water supply plan after the initial written notice of the plan was given, the notice, comment, and hearing process described in this paragraph (c) shall be repeated for such amendments. If, in the opinion of the state engineer, an amendment is necessary to prevent immediate injury to other water rights that will occur prior to the expiration of the thirty-five-day comment period provided in subparagraph (III) of paragraph (b) of this subsection (3), the thirty-five-day comment period shall be shortened to fourteen days, the public hearing shall be held no later than twenty-eight days after the date of the mailing of notice of the request for the amendment, and the amendment may be implemented before the comment deadline and the public hearing. For amendments implemented prior to a public hearing, the state engineer shall issue a decision approving or denying the amendment no later than seven days after the conclusion of the public hearing. The state engineer may revoke or further condition the approval of any amendment after the comment and hearing process.
(IX) A substitute water supply plan approved pursuant to this subsection (3)
shall include a requirement for monthly accounting to be compiled for every month of each year. Such accounting shall state the amount and location of the calculated depletions from all wells included in the plan, the amount, location, and source of all replacement water actually provided, and shall describe any other plan operations for that month. After the end of the water year, and no later than December 31 of each calendar year of plan operation, an annual accounting of all actual plan operations for the previous water year shall be compiled. Copies of both the monthly and annual accounting shall be provided to all parties that filed written comments concerning the plan pursuant to subparagraph (II) of paragraph (b) of this subsection (3).
(d) A substitute water supply plan approved pursuant to this subsection (3)
shall not be approved for a period of more than one year; except that an applicant may request the renewal of a plan by repeating the application process described in this subsection (3); except that in no case shall a plan approved pursuant to this subsection (3) be renewed beyond December 31, 2005.
(e) When the state engineer approves or denies a substitute water supply
plan, the state engineer shall serve a copy of the decision on all parties to the application by first-class mail or, if such parties have so elected, by electronic mail. Every decision of the state engineer shall provide a detailed statement of the basis and rationale for the decision, including a complete explanation of how all stream depletions were calculated, the location where they occur, how all replacement water sources were quantified, and what terms and conditions were imposed to prevent injury to other water rights and why they were imposed. The decision shall also include a description of the consideration given to any written comments that were filed by other parties. Neither the approval nor the denial by the state engineer shall create any presumptions, shift the burden of proof, or serve as a defense in any legal action that may be initiated concerning the substitute water supply plan. Any appeal of a decision made by the state engineer concerning a substitute water supply plan pursuant to this subsection (3) shall be made to the water judge in water division 1 within thirty-five days after the date of service of the decision. The water judge shall hear and determine such appeal using the procedures and standards set forth in sections 37-92-304 and 37-92-305 for determination of matters rereferred to the water judge by the referee. The proponent of the substitute water supply plan shall be deemed to be the applicant for purposes of application of such procedures and standards. The filing fee for the appeal shall be two hundred seventy-one dollars for the proponent of the substitute water supply plan and seventy dollars for any other party to the appeal. Moneys from such fee shall be transmitted to the state treasurer and deposited in the water adjudication cash fund, which fund is hereby created in the state treasury. The general assembly shall appropriate moneys in the fund for the judicial department's adjudications pursuant to this subsection (3).
(f) The state engineer may accept for filing and consideration a written
request for approval of a substitute water supply plan prior to April 30, 2003, subject to such request meeting all requirements of this subsection (3) prior to the date of approval. No approval of such request may be issued prior to April 30, 2003.
(g) Repealed.
(4) (a) Beginning January 1, 2002, if an application for approval of a plan for
augmentation, rotational crop management contract, or change of water right has been filed with a water court and the court has not issued a decree, the state engineer may approve the temporary operation of such plan, contract, or change of water right as a substitute water supply plan if the following conditions are met:
(I) The water court applicant has filed a request for approval of the
substitute water supply plan with the state engineer;
(II) The applicant has provided written notice of the request for approval of
the substitute water supply plan by first-class mail or electronic mail to all parties who have filed a statement of opposition to the plan in water court and proof of such notice is filed with the state engineer, or, if the deadline for filing a statement of opposition has not passed, the applicant has provided written notice of the request for approval of the substitute water supply plan by first-class mail or electronic mail to all parties who have subscribed to the substitute water supply plan notification list for the water division in which the proposed plan is located and proof of such notice is filed with the state engineer;
(III) The state engineer has given those to whom notice was provided thirty-five days after the date of mailing of the notice to file comments on the substitute
water supply plan. The comments must include any claim of injury, any terms and conditions that should be imposed upon the plan to prevent injury to an opposer's water rights or decreed conditional water rights, and any other information an opposer wishes the state engineer to consider in reviewing the substitute water supply plan request.
(IV) (A) The state engineer, after consideration of the comments received,
has determined that the operation and administration of such plan will replace all out-of-priority depletions in time, location, and amount and will otherwise prevent injury to other water rights and decreed conditional water rights, including water quality and continuity to meet the requirements of use to which the senior appropriation has normally been put, pursuant to section 37-80-120 (3), and will not impair compliance with any interstate compacts.
(B) Notwithstanding any limitations regarding phreatophytes or
impermeable surfaces that would otherwise apply pursuant to section 37-92-103 (9) or 37-92-501 (4)(b)(III), for any precipitation harvesting pilot project selected pursuant to section 37-60-115 (6) that has filed an application for a permanent augmentation plan in water court, the applicant shall fully augment any precipitation captured out of priority; except that, in determining the quantity of water required for the substitute water supply plan to replace out-of-priority stream depletions, there is no requirement to replace the amount of historic natural depletion to the waters of the state, if any, caused by preexisting natural vegetative cover evapotranspiration for the surface areas made impermeable and associated with the pilot project. The applicant may use applicable regional factors established pursuant to section 37-60-115 (6)(b)(VI). As a condition of approving a substitute water supply plan for a pilot project pursuant to this subsection (4), the state engineer shall have the authority to require the project sponsor to replace any ongoing delayed depletions after the water use plan associated with a precipitation harvesting pilot project has ceased.
(C) The state engineer shall impose such terms and conditions as are
necessary to ensure that these standards are met. In making such determinations, the state engineer shall not be required to hold any formal hearings or conduct any other formal proceedings, but may conduct a hearing or formal proceeding if the state engineer finds it necessary to address the issues.
(b) A substitute water supply plan approved pursuant to this subsection (4)
shall not be approved for a period of more than one year; except that an applicant may request the renewal of a plan by repeating the application process described in this subsection (4). If an applicant requests a renewal of a plan that would extend the plan past three years from the initial date of approval, the applicant shall demonstrate to the state engineer that the delay in obtaining a water court decree is justifiable and that not being able to continue operating under a substitute water supply plan until a decree is entered will cause undue hardship to the applicant. A project sponsor for a precipitation harvesting pilot project selected pursuant to section 37-60-115 (6) shall demonstrate to the state engineer that an additional year of operation under the plan is necessary to obtain sufficient data to meet the Colorado water conservation board's criteria for evaluating the pilot project. If an applicant requests renewal of a plan that would extend the plan past five years from the initial date of approval, the applicant shall demonstrate to the water judge in the applicable water division that the delay in obtaining a decree has been justifiable and that not being able to continue operating under a substitute water supply plan until a decree is entered will cause undue hardship to the applicant. Approval of a plan pursuant to subsection (5) of this section shall be deemed to be approval under this subsection (4) for purposes of calculating the number of years since the initial date of approval.
(c) When the state engineer approves or denies a substitute water supply
plan, the state engineer shall serve a copy of the decision on all parties to the pending water court application by electronic mail, or, if a party has elected, by first-class mail. Neither the approval nor the denial by the state engineer shall create any presumptions, shift the burden of proof, or serve as a defense in the pending water court case or any other legal action that may be initiated concerning the substitute water supply plan. Any appeal of a decision made by the state engineer concerning a substitute water supply plan pursuant to this subsection (4) shall be to the water judge of the applicable water division within thirty days and shall be consolidated with the application for approval of the plan for augmentation.
(5) (a) Beginning January 1, 2002, for new water use plans involving out-of-priority diversions or a change of water right, if no application for approval of a plan
for augmentation or a change of water right has been filed with a water court and the water use plan or change proposed and the depletions associated with such water use plan or change will be for a limited duration not to exceed five years, except as otherwise provided in subparagraph (II) of paragraph (b) of this subsection (5), the state engineer may approve such plan or change as a substitute water supply plan if the following conditions are met:
(I) The applicant has filed a request for approval of the substitute water
supply plan with the state engineer;
(II) The applicant has provided written notice of the request for approval of
the substitute water supply plan by first-class mail or electronic mail to all parties who have subscribed to the substitute water supply plan notification list for the water division in which the proposed plan is located and proof of such notice is filed with the state engineer;
(III) The state engineer has given the owners of water rights and decreed
conditional water rights thirty-five days after the date of mailing of such notice to file comments on the substitute water supply plan. Such comments shall include any claim of injury or any terms and conditions that should be imposed upon the plan to prevent injury to a party's water rights or decreed conditional water rights and any other information the opposer wishes the state engineer to consider in reviewing the substitute water supply plan request.
(IV) (A) The state engineer, after consideration of the comments received,
has determined that the operation and administration of such plan will replace all out-of-priority depletions in time, location, and amount and will otherwise prevent injury to other water rights and decreed conditional water rights, including water quality and continuity to meet the requirements of use to which the senior appropriation has normally been put, pursuant to section 37-80-120 (3), and will not impair compliance with any interstate compacts.
(B) Notwithstanding any limitations regarding phreatophytes or
impermeable surfaces that would otherwise apply pursuant to section 37-92-103 (9) or 37-92-501 (4)(b)(III), for any precipitation harvesting pilot project selected pursuant to section 37-60-115 (6), the applicant shall fully augment any precipitation captured out of priority; except that, in determining the quantity of water required for the substitute water supply plan to replace out-of-priority stream depletions, there is no requirement to replace the amount of historic natural depletion to the waters of the state, if any, caused by preexisting natural vegetative cover evapotranspiration for the surface areas made impermeable and associated with the pilot project. The applicant may use applicable regional factors established pursuant to section 37-60-115 (6)(b)(VI).
(C) The state engineer shall impose such terms and conditions as are
necessary to ensure that these standards are met. In making the determinations specified in this subparagraph (IV), the state engineer shall not be required to hold any formal hearings or conduct any other formal proceedings, but may conduct a hearing or formal proceeding if the state engineer finds it necessary to address the issues.
(b) (I) Except as otherwise provided in subparagraph (II) of this paragraph (b),
a substitute water supply plan approved pursuant to this subsection (5) shall not be approved for a period of more than one year; except that an applicant may request the renewal of a plan by repeating the application process described in this subsection (5). However, in no event shall any plan approved pursuant to this subsection (5) or any water use included in such plan be approved or renewed for more than five years.
(II) A project sponsor for a precipitation harvesting pilot project selected
pursuant to section 37-60-115 (6) may request renewal of a plan that would extend the plan past five years from the initial date of approval if the project sponsor demonstrates to the state engineer that an additional year of operation under the plan is necessary to obtain sufficient data to meet the Colorado water conservation board's criteria for evaluating the pilot project or an application for a permanent augmentation plan is pending before the water court. As a condition of approving a substitute water supply plan for a pilot project pursuant to this subsection (5), the state engineer shall have the authority to require the project sponsor to replace any ongoing delayed depletions after the water use plan associated with a precipitation harvesting pilot project has ceased.
(c) When the state engineer approves or denies a substitute water supply
plan, the state engineer shall serve a copy of the decision on all parties to the application by electronic mail, or if a party has elected, by first-class mail. Neither the approval nor the denial by the state engineer shall create any presumptions, shift the burden of proof, or serve as a defense in any legal action that may be initiated concerning the substitute water supply plan. Any appeal of a decision made by the state engineer concerning a substitute water supply plan pursuant to this subsection (5) shall be made to the water judge in the applicable water division within thirty days, who shall hear such appeal on an expedited basis.
(6) The state engineer shall establish a substitute water supply plan
notification list for each water division for the purposes of notifying interested parties pursuant to subparagraph (II) of paragraph (b) of subsection (3) of this section and subparagraph (II) of paragraph (a) of subsection (5) of this section. Beginning in July 2002, and in January of each year thereafter, in order to establish the notification list, the water clerks in each division shall include in the water court resume an invitation to be included on the notification list for the applicable water division. Persons on the substitute water supply plan notification list shall receive notice of all substitute water supply plans filed in that water division pursuant to subsections (3) and (5) of this section by electronic mail or, if a person has elected, by first-class mail. Persons may be required to pay a fee, not to exceed twelve dollars per year, to be placed on the notification list.
(7) Beginning January 1, 2002, the state engineer may approve a substitute
water supply plan if the state engineer determines such plan is needed to address an emergency situation and that the plan will not cause injury to the vested water rights or decreed conditional water rights of others or impair compliance with any interstate compact. Such plan shall not be implemented for more than ninety-one days. For purposes of this section, emergency situation means a situation affecting public health or safety where a substitute water supply plan needs to be implemented more quickly than the other procedures set forth in this section allow. For 2003, an emergency situation may also mean an immediate need for the use of augmentation wells necessitated by extreme drought conditions if such augmentation wells are also included in a request filed previously, or filed simultaneously with a request under this subsection (7), for approval of a substitute water supply plan under subsection (3) or (4) of this section. Approval pursuant to this section of the use of augmentation wells shall include the terms and conditions needed to account for and replace all out-of-priority stream depletions that will result from such use, including post-pumping depletions. Within seven days after the date of approval of the use of an augmentation well under this subsection (7), the state engineer shall give notice of the approval to all parties who have subscribed to the substitute water supply plan notification list for water division 1. In all other situations, notice to other water users shall not be required. Neither the approval nor the denial by the state engineer shall create any presumptions, shift the burden of proof, or be a defense in any legal action that may be initiated concerning an emergency substitute water supply plan or in any proceedings under subsection (3) or (4) of this section.
(8) After July 1, 2002, water users requesting approval of a new plan or a
substitute water supply plan pursuant to this section shall pay a fee of three hundred dollars. The state engineer shall collect the fees and transmit them to the state treasurer, who shall deposit them in the water resources cash fund created in section 37-80-111.7 (1).
(9) If an entity pays for repairs, maintenance, dredging, or other
improvements, including capital improvements, that are necessary and effective in removing a storage restriction imposed by the state engineer pursuant to section 37-87-107 on a dam or reservoir owned by a third party, such entity may apply to the state engineer pursuant to subsection (5) of this section for approval of the use of some or all of such newly unrestricted storage as a substitute water supply plan, if the entity has a written agreement concerning such use with all the owners of the dam or reservoir and the associated water rights.
(10) Repealed.
(11) (a) (I) To provide sufficient time to integrate coal bed methane wells into
the water court adjudication process for augmentation plans, during 2010, 2011, and 2012 the state engineer may approve annual substitute water supply plans for such wells using the procedures and standards set forth in this subsection (11). Until July 31, 2010, coal bed methane wells may continue to operate without a substitute water supply plan if the oil and gas operator submits a request for approval of a substitute water supply plan pursuant to this subsection (11) by April 30, 2010. Beginning August 1, 2010, and ending December 31, 2012, no coal bed methane well that withdraws tributary groundwater and impacts an over-appropriated stream shall operate unless:
(A) Operation of the well is authorized pursuant to this section;
(B) The well is included in a plan for augmentation approved by a water
judge; or
(C) The well is included in a substitute water supply plan approved pursuant
to subsection (4) of this section.
(II) Beginning January 1, 2013, any coal bed methane well that withdraws
tributary groundwater from a geologic formation in conjunction with the mining of minerals shall be continuously curtailed unless the well:
(A) Is included in a plan for augmentation approved by a water judge;
(B) Is included in a substitute water supply plan approved pursuant to
subsection (4) of this section; or
(C) Can be operated in priority without augmentation.
(III) The general assembly finds that the time period established in
subparagraph (II) of paragraph (b) of this subsection (11) is sufficient to develop augmentation plan applications for these wells, and there shall be no subsequent extensions of this deadline.
(b) For a substitute water supply plan pursuant to this subsection (11), the
state engineer may approve the temporary operation of a coal bed methane well that withdraws tributary groundwater only if the following conditions are met:
(I) The applicant has provided written notice of the request for approval of
the substitute water supply plan by first-class mail or electronic mail to all parties who have subscribed to the substitute water supply plan notification list for the water division in which the proposed plan is located and proof of such notice is filed with the state engineer;
(II) All parties who have subscribed to the substitute water supply plan
notification list for the water division in which the proposed plan is located have thirty-five days after the date of mailing of such notice to file comments on the substitute water supply plan. Such comments shall include any claim of injury, any terms and conditions that should be imposed upon the plan to prevent injury to a party's water rights or decreed conditional water rights, and any other information a party wishes the state engineer to consider in reviewing the substitute water supply plan request.
(III) The state engineer, after consideration of the comments received, has
determined that the operation and administration of such plan will: Replace all out-of-priority depletions occurring on or after June 2, 2009, in time, location, and amount, including delayed out-of-priority depletions that affect the stream system after expiration of the plan; otherwise prevent injury occurring on or after June 2, 2009, to other water rights and decreed conditional water rights, including water quality and continuity to meet the requirements of use to which the senior appropriation has normally been put pursuant to section 37-80-120 (3); and not impair compliance with any interstate compacts. The state engineer shall impose such terms and conditions as are necessary to ensure that these standards are met, which may include terms and conditions that remain in effect after expiration of the plan so as to require the proponent of the plan to replace delayed out-of-priority depletions occurring on or after June 2, 2009. In making such determinations, the state engineer shall not be required to hold any formal hearings or conduct any other formal proceedings, but may conduct a hearing or formal proceeding if the state engineer finds it necessary to address the issues.
(c) A substitute water supply plan approved pursuant to this subsection (11)
shall not be approved for a period of more than one year; except that an applicant may request the renewal of a plan by repeating the application process described in this subsection (11). In no case shall a plan approved pursuant to this subsection (11) be renewed beyond December 31, 2012.
(d) When the state engineer approves or denies a substitute water supply
plan, the state engineer shall serve a copy of the decision on all parties to the substitute water supply plan notification list for the water division in which the proposed plan is located by first-class mail or by electronic mail. Every decision of the state engineer shall provide a detailed statement of how all stream depletions were calculated, the location where they occur, how all replacement water sources were quantified, and what terms and conditions were imposed to prevent injury to other water rights and why they were imposed.
(e) Neither the approval nor the denial by the state engineer shall create any
presumptions, shift the burden of proof, or serve as a defense in any legal action that may be initiated concerning the substitute water supply plan. Any appeal of a decision made by the state engineer concerning a substitute water supply plan pursuant to this subsection (11) shall be to the water judge of the applicable water division within thirty-five days after the date of service of the decision. The water judge shall hear and determine such appeal on an expedited basis using the procedures and standards set forth in sections 37-92-304 and 37-92-305 for determination of matters referred to the water judge by the referee.
(12) Agricultural water protection. (a) After a person has obtained a
decreed agricultural water protection water right pursuant to section 37-92-305 (19), the person may apply for a substitute water supply plan pursuant to this subsection (12).
(b) (I) The state engineer may approve the lease, loan, or trade of water
under a substitute water supply plan pursuant to this subsection (12) if the applicant has:
(A) Provided written notice of the request for approval of the substitute
water supply plan by electronic mail or first-class mail to all parties who have subscribed to the substitute water supply plan notification list for the water division in which the proposed plan is located; and
(B) Filed proof of the notice with the state engineer.
(II) A person who receives written notice of the request for approval of a
substitute water supply plan pursuant to subparagraph (I) of this paragraph (b) has thirty-five days after the date that the notice was mailed to file comments with the state engineer on the substitute water supply plan application. A party filing a comment with the state engineer must include the following in the comment:
(A) Any claim of injury;
(B) Any terms and conditions that the party believes should be imposed on
the plan to prevent injury to a party's water rights or decreed conditional water rights; and
(C) Any other information the party wishes the state engineer to consider in
reviewing the substitute water supply plan request.
(c) If, after consideration of the application and any comments received on
the application, the state engineer approves a substitute water supply plan pursuant to this subsection (12), the approval must:
(I) Comply with conditions:
(A) Set forth in section 37-92-305 (19); and
(B) Developed by the state engineer pursuant to section 37-80-123;
(II) Comply with the terms and conditions of the applicant's decreed
agricultural water protection water right, as recognized by the case number of the decree;
(III) Identify the associated water right as an agricultural water protection
water right;
(IV) Quantify the portion of the historical consumptive use of the water right
to be leased, loaned, or traded;
(V) Quantify the portion of the return flows associated with the historical use
of the water to be leased, loaned, or traded in time, place, and amount;
(VI) Provide terms and conditions for the use of the water right, including the
return flow obligations in time, place, and amount, that prevent material injury to other vested water rights and decreed conditional water rights; and
(VII) In accordance with section 37-92-305 (19)(b)(I), allow delivery of an
amount of the quantified historical consumptive portion of the agricultural water protection water right. Delivery must be to a point of diversion that is subject to an existing water court decree.
(d) A substitute water supply plan approved pursuant to this subsection (12)
is valid for one year. If the terms and conditions of the plan remain unchanged, the holder of the plan may renew the plan two times without reapplying by notifying the state engineer by electronic mail or first-class mail that the terms and conditions remain unchanged. To maintain the substitute water supply plan, the holder of the plan must file a new application every three years. Any change in the terms and conditions immediately nullifies the substitute water supply plan, and a new application must be applied for and approved by the state engineer pursuant to this subsection (12).
(e) When the state engineer approves or denies a substitute water supply
plan, the state engineer shall serve a copy of the decision on all parties to the application and the water court application by first-class mail or, if a party has so elected, by electronic mail.
(f) The state engineer must provide a detailed statement of the basis and
rationale for the decision. For a decision approving the application, the statement of the basis and rationale must include a complete explanation of the terms and conditions imposed to prevent injury to other water rights and why they are imposed. The decision must include a description of the consideration given to any written comments that were filed by other parties.
(g) Neither the state engineer's approval nor denial of an application creates
any presumptions, shifts the burden of proof, or serves as a defense in any legal action that may be initiated concerning the substitute water supply plan.
(h) Any appeal of a decision made by the state engineer concerning a
substitute water supply plan approved or denied pursuant to this subsection (12) must be made within thirty-five days after the date of service of the decision. Any appeal must be filed under the same case number as the decreed agricultural water protection water right and shall be heard using the procedures and standards set forth in sections 37-92-304 and 37-92-305 for determination of the matters referred to the water judge by the referee. The water judge shall hear and determine any appeal on an expedited basis.
Source: L. 2002: Entire section added, p. 459, � 1, effective May 23. L. 2003:
IP(4)(a), (4)(a)(II), (4)(a)(III), (4)(a)(IV), (4)(b), IP(5)(a), (5)(a)(IV), and (5)(b) amended and (9) added, p. 1368, � 5, effective April 25; (1)(c), (2), (3), (6), and (7) amended, p. 1446, � 1, effective April 30; (1)(b) amended, p. 2002, � 64, effective May 22. L. 2004: (3)(a) amended, p. 1205, � 80, effective August 4. L. 2006: IP(4)(a) amended, p. 1002, � 4, effective May 25. L. 2008: (3)(g) repealed, p. 1913, � 128, effective August 5. L. 2009: (10) added, (SB 09-147), ch. 108, p. 449, � 1, effective April 9; (4)(a)(IV), (4)(b), IP(5)(a), and (5)(b) amended, (HB 09-1129), ch. 389, p. 2104, � 2, effective June 2; (11) added, (HB 09-1303), ch. 390, p. 2110, � 6, effective June 2. L. 2010: IP(11)(a)(I) amended, (SB 10-165), ch. 31, p. 113, � 3, effective March 22. L. 2012: (3)(b)(III), (3)(b)(IV), (3)(c)(VIII), (3)(e), (5)(a)(III), (7), (10)(d), (11)(b)(II), and (11)(e) amended, (SB 12-175), ch. 208, p. 890, � 166, effective July 1; (8) amended, (SB 12-009), ch. 197, p. 793, � 9, effective July 1. L. 2014: (4)(c), (5)(c), (6), and (10)(d) amended, (SB 14-026), ch. 4, p. 83, � 3, effective August 6. L. 2015: (4)(a)(IV) and (5)(a)(IV) amended, (HB 15-1016), ch. 236, p. 876, � 2, effective August 5. L. 2016: (12) added, (HB 16-1228), ch. 175, p. 602, � 4, effective August 10. L. 2017: (4)(a)(III) amended, (SB 17-026), ch. 47, p. 147, � 16, effective August 9. L. 2024: (12)(a) amended, (SB 24-197), ch. 276, p. 1837, � 7, effective August 7.
Editor's note: (1) Section 4 of chapter 236 (HB 15-1016), Session Laws of
Colorado 2015, provides that changes to this section by the act apply to precipitation harvesting pilot project applications submitted before, on, or after August 5, 2015.
(2) Subsection (10)(f)(I) provided for the repeal of subsection (10), effective
July 1, 2018. (See L. 2009, p. 449.)
Cross references: For the legislative declaration in SB 24-197, see section 1
of chapter 276, Session Laws of Colorado 2024.
C.R.S. § 37-92-309
37-92-309. Interruptible water supply agreements - special review procedures - rules - water adjudication cash fund - legislative declaration - definitions. (1) The general assembly hereby finds, determines, and declares that there are certain circumstances under which administrative approval of the use of interruptible water supply agreements can maximize the beneficial use of Colorado water resources without the need for an adjudication and without injury to vested water rights or decreed conditional water rights. This section is intended to enable water users to transfer the historical consumptive use of an absolute water right for application to another type or place of use on a temporary basis without permanently changing the water right.
(2) For purposes of this section:
(a) Interruptible water supply agreement means an option agreement
between two or more water right owners whereby:
(I) The owner of the loaned water right agrees that, during the term of the
agreement, it will stop its use of the loaned water right for a specified length of time if the option is exercised by the borrowing water right owner in accordance with the agreement; and
(II) The borrowing water right owner may divert the loaned water right for
such owner's purposes, subject to the priority system and subject to temporary approval by the state engineer in accordance with this section.
(b) Loaned water right means any identified water right, or identified
portion of a water right, specifically described in the interruptible water supply agreement.
(3) The state engineer is authorized to approve and administer interruptible
water supply agreements that permit a temporary change in the point of diversion, location of use, and type of use of an absolute water right without the need for an adjudication pursuant to this article, subject to the following:
(a) The applicant for approval of an interruptible water supply agreement
shall provide written notice of the application by first-class mail or electronic mail to all parties who have subscribed to the substitute water supply plan notification list, as described in section 37-92-308 (6), for the division or divisions in which the water right is located and in which it will be used, and proof of such notice shall be filed with the state engineer. The application shall be accompanied by a detailed written report, prepared by a professional engineer or other professional acceptable to the state engineer, that evaluates the historical consumptive use, return flows, and the potential for material injury to other water rights relating to the interruptible water supply agreement and that proposes conditions to prevent such injury. The state engineer shall give the owners of water rights thirty-five days after the date of mailing of such notice to file comments on the operation of the interruptible water supply agreement. Such comments shall include any claim of injury or any terms and conditions that should be imposed upon the agreement so that it will not cause injury to a party's water rights or decreed conditional water rights, if such conditional rights will be exercised during operation of the interruptible water supply agreement, and any other information the party wishes the state engineer to consider in reviewing the application.
(b) The state engineer, after consideration of the comments from any party
submitting comments, shall make a determination of the operation and administration of the interruptible water supply agreement to assure that such operation and administration will effect only a temporary change in the historical consumptive use of the water right in a manner that will not cause injury to other water rights and decreed conditional water rights, if such conditional rights will be exercised during operation of the interruptible water supply agreement, and will not impair compliance with any interstate compact. The interruptible water supply agreement shall include, but shall not be limited to, a quantification of the historical consumptive use of the water right, an accurate description of the land where the water is decreed for use, and, if the loaned water right is being used for irrigation, a plan to prevent erosion and blowing soils and a description of compliance with local county noxious weed regulations and other land use provisions. The state engineer shall impose such terms and conditions as are necessary to ensure that these standards are met. In making the determinations specified in this paragraph (b), the state engineer shall not be required to hold any formal hearing or conduct any other formal proceedings, but may conduct a hearing or formal proceeding if the state engineer finds it necessary to address the issues.
(c) An interruptible water supply agreement approved pursuant to this
section cannot be exercised for more than three years in a ten-year period, for which only a single approval is required. The ten-year period begins with the granting of the approval. A water right subject to the agreement under this section cannot use section 37-92-308 (5). The state engineer shall not approve an interruptible water supply agreement pursuant to this subsection (3) for another ten-year period, except:
(I) If the agreement has not been exercised during the term of the
agreement, an applicant may reapply one time by repeating the application process pursuant to this subsection (3); and
(II) As specified in subsection (6) of this section.
(d) The applicant shall give notice by March 1 of any year that the option is to
be exercised to all parties who filed comments with the state engineer pursuant to this section, unless earlier required in the agreement; except that the option may be exercised at any time during 2003.
(4) (a) When the state engineer approves or denies an interruptible water
supply agreement, the state engineer shall serve a copy of the decision upon all parties to the application by electronic mail or, if a party has elected, by first-class mail. Neither the approval nor the denial of the agreement by the state engineer creates any presumptions, shifts the burden of proof, or serves as a defense in any legal action that may be initiated concerning the interruptible water supply agreement. Any appeal of a decision made by the state engineer concerning the operation of an interruptible water supply agreement pursuant to this section must be expedited, limited to the issue of injury, and made within thirty-five days after mailing of the decision to the water judge in the applicable water division. All parties to the appeal shall pay to the water clerk a fee to cover the direct costs associated with the expedited appeal. The water judge shall hear and determine the appeal using the procedures and standards set forth in sections 37-92-304 and 37-92-305 for determination of matters rereferred to the water judge by the referee; except that the water judge shall not deem any failure to appeal all or any part of the decision of the state engineer or failure to state any grounds for appeal to preclude any party from raising any claims of injury in a future proceeding before the water judge. The proponent of the interruptible water supply agreement is deemed to be the applicant for purposes of application of such procedures and standards. Moneys from the fee shall be transmitted to the state treasurer and deposited in the water adjudication cash fund, which fund is hereby created in the state treasury. The general assembly shall appropriate moneys in the fund for the judicial department's expedited adjudications pursuant to this section.
(b) A party to the original application may file comments concerning
potential injury to such party's water rights or decreed conditional water rights due to the operation of the interruptible water supply agreement with the state engineer by January 1 of the year following the first year that the interruptible water supply agreement has been exercised. The procedures of subsection (3) of this section regarding notice, opportunity to comment, and the state engineer's decision, and the procedures of this subsection (4) regarding an appeal of such decision, shall again be followed with regard to such party's comments.
(5) Applicants for approval of an interruptible water supply agreement
pursuant to this section shall pay a fee established by the state engineer, pursuant to rules promulgated by the state engineer. The state engineer shall collect the fees and transmit them to the state treasurer, who shall deposit them in the water resources cash fund created in section 37-80-111.7 (1).
(6) (a) (I) All of the substantive and procedural requirements of subsections
(2) to (5) of this section apply to a subsequent approval of an interruptible water supply agreement except as specifically provided otherwise in this subsection (6).
(II) This subsection (6) applies only to a subsequent approval of an
interruptible water supply agreement.
(b) A person may apply for no more than two subsequent approvals of the
same interruptible water supply agreement.
(c) An applicant for subsequent approval of an interruptible water supply
agreement must:
(I) Submit to the water clerk in each water division in which a loaned water
right is located a resume of the application for approval of an interruptible water supply agreement submitted to the state engineer, and the water clerk shall publish the resumes in the manner set forth in section 37-92-302 (3)(a) and (3)(b), notwithstanding the fact that the applications were filed with the state engineer;
(II) File proof of the submission of the resume to the water clerk with the
state engineer not later than ten days after the submission; and
(III) File proof of the notice to all parties who have subscribed to the
substitute water supply plan notification list, as described in section 37-92-308 (6), with the state engineer within ten days after providing the notice.
(d) Owners of water rights have until the last day of the fourth month
following the month in which the resume was submitted to the water clerk to file comments on the operation of the interruptible water supply agreement.
(e) The state engineer shall not approve an application for subsequent
approval that would transfer or facilitate the transfer of water across the continental divide by direct diversion, exchange, or otherwise.
(f) The state engineer may approve a subsequent application for
interruptible water supply agreement under this subsection (6) only:
(I) After making a determination of the operation and administration of the
interruptible water supply agreement to assure that such operation and administration will not permit a borrowing water right user to rely on the exercise of multiple interruptible water supply agreements as its primary source of supply;
(II) If the terms and conditions imposed pursuant to paragraph (b) of
subsection (3) of this section are no less restrictive than those imposed upon previously approved applications;
(III) If the agreement does not include a loaned water right that has already
been approved as a loaned water right in a separate, unexpired interruptible water supply agreement; and
(IV) If the loaned water right subject to the agreement is not subject to more
than two subsequent approvals regardless of the applicant, and any such subsequent approval cannot take effect until after any prior ten-year approval period has expired.
(g) The state engineer's approval or disapproval of a subsequent application
for an interruptible water supply agreement under this subsection (6) constitutes final agency action subject to appeal in the water court in the water division in which the loaned water rights are located.
(h) The water judge shall expedite an appeal of the state engineer's decision
only upon the request of any party to the appeal.
(i) For purposes of determining filing fees, the applicant or commenter that
initiates the appeal shall pay fees established for water court change applicants, and all others shall pay fees established for persons filing statements of opposition.
Source: L. 2003: Entire section added, p. 2400, � 1, effective June 5. L. 2004:
(3)(c) and (4) amended, p. 1362, � 1, effective August 4. L. 2012: (3)(a) and (4)(a) amended, (SB 12-175), ch. 208, p. 893, � 167, effective July 1; (5) amended, (SB 12-009), ch. 197, p. 793, � 10, effective July 1. L. 2013: (2) and (3)(c) amended and (6) added, (HB 13-1130), ch. 415, p. 2458, � 1, effective August 7. L. 2014: (4)(a) amended, (SB 14-026), ch. 4, p. 84, � 4, effective August 6.
C.R.S. § 37-92-310
37-92-310. Colorado water rights protection act - short title - legislative declaration - limitation on actions. (1) Short title. The short title of this section is the Colorado Water Rights Protection Act.
(2) Legislative declaration. (a) The general assembly recognizes that:
(I) Water rights appropriated under section 6 of article XVI of the Colorado
constitution are usufructuary property rights to use water and are protected under amendment V of the United States constitution and section 15 of article II of the Colorado constitution;
(II) The primary economic value of a water right stems from its priority date
and the amount of water that it allows the owner of the water right to divert and place to beneficial use within the priority system and in accordance with terms of the water right decree;
(III) The right to sell a water right is an essential element of the water right;
and
(IV) A water right is a usufructuary property right that may exist separate
and apart from any interest in land.
(b) The general assembly further recognizes that:
(I) The history between the federal government and the states in the
reclamation of the arid lands of the western states is both long and involved. Throughout that history, congress has maintained a purposeful and continued deference to state water law.
(II) Pursuant to 43 U.S.C. sec. 666, commonly known as the McCarran
Amendment, congress waived the sovereign immunity of the United States for lawsuits in state courts regarding the adjudication or administration of water rights; and
(III) In Colorado, water rights are established by making an appropriation and
are confirmed by state water courts.
(c) Therefore, pursuant to federal and Colorado law, the general assembly
determines and declares that:
(I) The United States forest service and the bureau of land management are
subject to the jurisdiction of Colorado water courts for their water right claims in Colorado; and
(II) Nothing in this subsection (2) prevents the federal government from:
(A) Participating in water court proceedings in Colorado; or
(B) Seeking terms and conditions in water court to protect its water rights.
(3) Limitation on actions. (a) The state engineer and the division engineers
shall not enforce or administer efforts by the United States forest service or bureau of land management that:
(I) Require full or partial transfer of title to water rights to the United States
forest service or bureau of land management;
(II) Restrict the use or alienability of the water right as a condition to a right-of-way, special use permit, or other authorization by the United States forest
service or bureau of land management to use federally owned lands; or
(III) Require a third party supplying water to a United States forest service or
bureau of land management special use permittee to supply the water for a set period of time or in a set amount.
(b) Nothing in this subsection (3) impacts the state engineer's or a division
engineer's authority to enforce and administer the terms and conditions of a water court decree or other judicial decree.
(4) This section does not grant, confirm, deny, or impact any legal authority
of the federal government to impose bypass flow requirements in connection with a special use permit or other authorization.
(5) This section does not grant, expand, contract, or limit the legal authority
of any state or local government related to permitting or regulatory actions in connection with land use or other permitting approvals or authorizations.
Source: L. 2016: Entire section added, (HB 16-1109), ch. 125, p. 355, � 1,
effective August 10.
C.R.S. § 37-92-311
37-92-311. Industrial hemp cultivation allowed under an agricultural water right. A person with an absolute or conditional water right decreed for agricultural use may use the water subject to the agricultural water right for any product authorized for growth and cultivation by title 35.
Source: L. 2017: Entire section added, (SB 17-117), ch. 221, p. 857, � 2,
effective May 21; entire section amended, (SB 17-294), ch. 264, p. 1418, � 120, effective May 25.
Cross references: For the legislative declaration in SB 17-117, see section 1 of
chapter 221, Session Laws of Colorado 2017.
PART 4
PUBLICATION OF WATER RIGHTS PRIORITIES
Cross references: For the appointments and functions of water division
engineers, see � 37-92-202.
C.R.S. § 37-92-401
37-92-401. Tabulations of priorities and decennial abandonment lists. (1) (a) (I) The division engineer of each division with the approval of the state engineer shall maintain a tabulation in order of seniority of all decreed water rights and conditional water rights in their divisions. The tabulations must describe each water right and conditional water right by some appropriate means and must set forth the priority and amount thereof as established by court decrees. In making the tabulations, the division engineer may use such system of numbering and listing water rights and conditional water rights in order of seniority as is suited to the administrative needs of the particular division or portion of the division.
(II) The division engineer shall also prepare decennially a separate
abandonment list comprising all absolute water rights that they have determined to have been abandoned in whole or in part and that previously have not been adjudged to have been abandoned. The division engineer shall prepare the list:
(A) For water divisions 1, 2, and 3, as established in section 37-92-201 (1)(a) to
(1)(c), no later than July 1, 2030, and no later than July 1 of every subsequent tenth anniversary; and
(B) For water divisions 4, 5, 6, and 7, as established in section 37-92-201
(1)(d) to (1)(g), no later than July 1, 2035, and no later than July 1 of every subsequent tenth anniversary.
(a.5) In preparing the tabulations required by this section, the division
engineer shall include judgments and decrees determining, changing, or otherwise affecting water rights and conditional water rights, which judgments and decrees have been entered more than six months before the date of review. The division engineer must also include in the tabulations, as appropriate, any changes in earlier abandonment lists that the water judge or the supreme court have ordered.
(b) In determining the priority of a water right in relation to other water rights
deriving their supply from the same common source, the following procedures and definitions apply:
(I) A common source means and includes all of those waters in a water
division, either surface or underground, that if left in their natural state would join together to form a single natural watercourse before exiting the water division.
(II) As among water rights decreed in the same water district in the same
adjudication suit, the historic date of initiation of appropriation determines the relative priorities, beginning with the earliest right.
(III) As among water rights decreed in the same water district in different
adjudication suits, all water rights decreed in an adjudication suit are senior to all water rights decreed in any subsequent adjudication suit.
(IV) As among water rights decreed in the various original adjudication suits
in the various water districts of the same water division, the decreed date of initiation of appropriation determines the relative priorities in numbered sequence, beginning with the earliest right.
(V) As among water rights decreed in the various supplemental adjudication
suits in the various water districts of the same water division, the actual priority date of any decree in any district does not extend back further than the day following the entry of the final decree in the preceding adjudication suit in the district.
(VI) If, in the preparation of the tabulations provided for in this section, the
application of the preceding principles would cause in any particular case a substantial change in the priority of a particular water right to the extent the right was lawfully enjoyed for a period of not less than eighteen years, then the division engineer shall designate the priority for that water right in accordance with historic practice. In no event does this subsection (1)(b)(VI) entitle a water right to a priority senior to its actual date of initial appropriation or to freedom from regulation and administration in the priority system.
(c) In making his or her determinations with respect to abandonment, the
division engineer shall investigate the circumstances relating to each water right for which the available water has not been fully applied to a beneficial use and shall be guided by the criteria set out in section 37-92-402 (11). The decennial abandonment list, when concluded by judgment and decree as provided in this section, is conclusive as to absolute water rights or portions thereof determined to have been abandoned.
(2) (a) The state engineer and the respective division engineer shall make a
copy of the tabulation available for inspection in their offices at any time during regular office hours, as well as on the state engineer's website, and shall provide a copy of the tabulation for a fee as set forth in section 24-72-205 (5).
(b) No later than July 31, 2030, for water divisions 1, 2, and 3, and July 31,
2035, for water divisions 4, 5, 6, and 7, and no later than July 31 of every subsequent tenth anniversary, respectively, the division engineer shall mail a copy of the respective decennial abandonment list by certified mail, return receipt requested, to the owner or last-known owner or claimant, if known, of every absolute water right that the division engineer has found to have been abandoned in whole or in part. The division engineer shall make an appropriate examination to determine the owner or claimant of such absolute water rights. The division engineer shall also publish the respective portion of the decennial abandonment list in each county in which the points of diversion of any absolute water rights on the list are located. The publication shall be continued for four successive weeks and shall be published, if possible, in a newspaper published in the county where the decreed point of diversion of the water right is located. The publication and mailing requirements of this subsection (2)(b) apply only to absolute water rights or portions of absolute water rights that previously have not been adjudged to have been abandoned.
(3) A person wishing to object to the manner in which a water right or
conditional water right is listed in the tabulation or to the omission of a water right or conditional water right from the tabulation, and no later than July 1, 2031, for water divisions 1, 2, and 3, and July 1, 2036, for water divisions 4, 5, 6, and 7, and no later than July 1 of every subsequent tenth anniversary, respectively, a person wishing to object to the inclusion of any absolute water right or portion of an absolute water right in the decennial abandonment list shall file a statement of objection in writing with the division engineer.
(4) (a) No later than December 31, 2031, for water divisions 1, 2, and 3, and
December 31, 2036, for water divisions 4, 5, 6, and 7, and no later than December 31 of every subsequent tenth anniversary, respectively, the division engineer shall make any revisions they deem proper to the decennial abandonment list. In considering the matters raised by statements of objection, the division engineer may consult with any interested person. The division engineer shall consult with the state engineer and shall make any revisions in the decennial abandonment list determined by the state engineer to be necessary or advisable.
(b) Repealed.
(c) The division engineer shall file the decennial abandonment list, together
with any revisions, signed by the division engineer and the state engineer or the state engineer's duly authorized deputy, with the water clerk as promptly as possible, but no later than December 31, 2031, for water divisions 1, 2, and 3, and December 31, 2036, for water divisions 4, 5, 6, and 7, and no later than December 31 of every subsequent tenth anniversary, respectively. Each respective division engineer and water clerk and the state engineer shall make a copy of the decennial abandonment list, together with any revisions, available for inspection in their offices at any time during regular office hours, as well as on the state engineer's website, and the division engineer shall furnish or mail a copy to anyone requesting a copy upon payment of a fee in an amount set in accordance with section 24-72-205 (1)(b) and (5).
(d) If the decennial abandonment list is revised, the water clerk, in
cooperation with the division engineer, no later than January 31, 2032, for water divisions 1, 2, and 3, and January 31, 2037, for water divisions 4, 5, 6, and 7, and no later than January 31 of every subsequent tenth anniversary, respectively, shall provide notice of the revision in the resume described in section 37-92-302 (3) of cases filed in the respective water divisions during the month of December, stating that the revision may be inspected or a copy of the revision obtained as specified in subsection (4)(c) of this section. In addition, the water clerk shall publish the notice as is necessary to obtain general circulation once in each county or the portion of the county that is in the division.
(5) (a) A person that wishes to protest the inclusion of a water right in a
decennial abandonment list after its revision by the division engineer shall file a written protest with the water clerk and with the division engineer. All protests to the decennial abandonment list must be filed no later than June 30, 2032, for water divisions 1, 2, and 3, and June 30, 2037, for water divisions 4, 5, 6, and 7, and no later than June 30 of every subsequent tenth anniversary, respectively. A protest shall set forth in detail the factual and legal basis for the protest. Service of a copy of the protest or any other documents is not necessary for jurisdictional purposes, but the water judge may order service of a copy of the protest or any other document on any person and in any manner that the water judge may deem appropriate. The fee for filing the protest with the water clerk is forty-five dollars.
(b) Fees collected pursuant to subsection (5)(a) of this section shall be
transmitted to the state treasurer and divided as follows:
(I) Twenty dollars shall be deposited in the general fund;
(II) Fifteen dollars shall be deposited in the judicial stabilization cash fund
created in section 13-32-101 (6); and
(III) Ten dollars shall be deposited in the justice center cash fund created in
section 13-32-101 (7)(a).
(6) (a) Commencing on the September term-day of 2032 for water divisions 1,
2, and 3 and the September or October term-day of 2037 for water divisions 4, 5, 6, and 7, as provided in section 37-92-304 (1), and every subsequent tenth anniversary of the respective term-day, continuing for as long as may be necessary, the water judge of each division shall conduct hearings on the decennial abandonment list filed by the division engineer and any protests that have been filed with respect to the decennial abandonment list. The hearings shall be conducted in accordance with the Colorado rules of civil procedure, the Colorado rules of evidence, and any applicable local rules of court; except that pleadings other than the protest shall not be required. The protestant shall appear either in person or by counsel in support of the protest. The division engineer shall appear in support of the decennial abandonment list, and, if requested by the division engineer, the attorney general shall represent the division engineer.
(b) The water judges of the various divisions shall arrange their hearings, if
necessary in their discretion, to accommodate counsel and other persons that may be involved in hearings in more than one division.
(c) Any person that may be affected by the subject matter of a protest or by
a ruling on a protest shall be permitted to participate in the hearings, either in person or by counsel, upon timely entry of appearance. Such entry of appearance shall identify the portion of the decennial abandonment list with respect to which the appearance is being made. The water judge may continue the hearings as required to ensure that all parties may be heard and their interests adequately protected, and, in this connection, the water judge shall permit such additional protests and order such service of notice and such additional publication of the decennial abandonment list or portions of the list as will serve the ends of justice, it being the intent of the general assembly that the water judge shall have wide discretion in the conduct of such hearings so that the owners of water rights will be protected.
(d) After the hearings are concluded, the water judge shall enter a judgment
and decree that either incorporate the abandonment list of the division engineer as filed or incorporate such list with such modifications and conditions as the water judge may determine proper after the hearings.
(7) If no protests have been filed, then promptly after July 1, 2032, for water
divisions 1, 2, and 3, and July 1, 2037, for water divisions 4, 5, 6, and 7, and after July 1 every subsequent tenth anniversary, respectively, the water judge shall enter a judgment and decree incorporating and confirming the decennial abandonment list of the division engineer without modification.
(8) A copy of the judgment and decree entered under subsection (6) or (7) of
this section shall be filed with the state engineer and the division engineer and shall be provided by the water clerk to any other person requesting same upon payment of a fee of seventy-five cents per page. Promptly after receiving such judgment and decree, the division engineer and the state engineer shall enter in their records the determinations therein made as to the absolute water rights or portions thereof adjudged to have been abandoned and shall regulate the distribution of water accordingly.
(9) Appellate review shall be allowed to the judgment and decree entered
under subsection (6) or (7) of this section or any part thereof as in other water matters, but no appellate review shall be allowed with respect to that part of such judgment or decree which confirms a portion of the decennial abandonment list with respect to which no protest was filed.
(10) Clerical mistakes in the judgment and decree entered under subsection
(6) or (7) of this section may be corrected by the water judge on his own initiative or on the petition of any person, and substantive errors therein may be corrected by the water judge on the petition of any person whose rights have been adversely affected thereby and a showing satisfactory to the water judge that such person, due to mistake, inadvertence, or excusable neglect, failed to file a protest to the decennial abandonment list with the water clerk within the time specified in this section. Any such petition under this subsection (10) shall be filed with the water clerk within four years after the date of the entry of such judgment and decree. The water judge shall order such notice of any such correction proceedings as he determines to be appropriate to advise all persons who may be affected thereby. Any order of the water judge making such corrections shall be subject to appellate review as specified in subsection (9) of this section.
(11) The tabulations provided for in this part 4, and any revisions thereto, may
be used by the division engineers, the state engineer, and their staffs for administrative purposes. The listing of the water rights in a tabulation shall not create any presumption against abandonment, and the relative listing of water rights in a tabulation shall not create any presumption of seniority. A tabulation shall not be construed to modify special provisions of court decrees adjudicating, changing, or otherwise affecting such water rights or to modify contractual arrangements governing the interrelationship of such water rights. For the purpose of identification and description only, the tabulation may include additional information regarding the water rights listed, but this additional information shall be neither conclusive nor presumptive of the truth or accuracy of the matters contained therein. Nothing in this section or in section 37-92-402, other than those specific provisions relating to the abandonment lists of the division engineers, shall ever be construed to have enhanced or diminished any cause of action or defense which might otherwise exist concerning the administration of water rights in any water division.
(12) Notwithstanding the amount specified for any fee in this section, the
state engineer by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the state engineer by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
Source: L. 69: p. 1212, � 1. C.R.S. 1963: � 148-21-27. L. 71: p. 1335, � 1. L. 73: p.
1527, �� 1, 2. L. 75: (5) amended, p. 1399, � 1, effective July 1. L. 79: (1)(b)(VI) amended, p. 1379, � 1, effective June 19. L. 83: (1)(a), (2), (3), (4)(a), (4)(c), and (4)(d) amended, (1)(a.5), (1)(c), (6) to (11) added, (5) R&RE, and (4)(b) repealed, pp. 1431, 1432, 1434, 1440, �� 1, 2, 3, 4, 8, effective June 16. L. 93: (1)(a), (1)(a.5), (2)(a), (3), and (4) amended, p. 397, � 1, effective April 19. L. 98: (12) added, p. 1346, � 77, effective June 1. L. 2003: (5) amended, p. 574, � 7, effective March 18. L. 2007: (5) amended, p. 1539, � 32, effective May 31. L. 2008: (5) amended, p. 2145, � 15, effective June 4. L. 2014: (1)(a), (1)(a.5), (2)(a), (3), and (4)(c) amended, (SB 14-026), ch. 4, p. 81, � 2, effective August 6. L. 2017: (1)(b), (1)(c), (2), and (4) amended, (SB 17-026), ch. 47, p. 148, � 17, effective August 9. L. 2025: (1)(a), (2)(b), (3), (4), (5), (6), and (7) amended, (HB 25-1014), ch. 388, p. 2185, � 7, effective August 6.
Editor's note: Section 9(2) of chapter 388 (HB 25-1014), Session Laws of
Colorado 2025, provides that the act changing this section applies to well permit applications that are pending before, on, or after August 6, 2025, and to valid well permits in existence before, on, or after August 6, 2025.
Cross references: (1) For water clerk preparing resume of applications for
water rights each month, see � 37-92-302 (3).
(2) For the legislative declaration contained in the 2008 act amending
subsection (5), see section 1 of chapter 417, Session Laws of Colorado 2008.
C.R.S. § 37-92-402
37-92-402. Special procedures for the 1978 tabulation and abandonment list. (1) (a) No later than July 1, 1978, the division engineer, with the approval of the state engineer, shall prepare a new tabulation of all water rights and conditional water rights in his division. The 1978 tabulation shall reflect any changes in the 1974 tabulation previously authorized by statute which the division engineer and the state engineer determine to be advisable based on the principles set forth in section 37-92-401 (1) to reflect correctly the priority of water rights. The 1978 tabulation shall reflect judgments and decrees determining, changing, or otherwise affecting water rights and conditional water rights, which judgments and decrees have been entered subsequent to those reflected in the 1974 tabulation and prior to January 1, 1978, shall modify any water rights or conditional water rights which the division engineer determines to have been abandoned in part, and shall omit any water rights or conditional water rights which the division engineer determines have been totally abandoned. Except as specified in the preceding sentence, the tabulation pursuant to this section shall make no changes in the listings in the 1974 tabulation other than changes to correct clerical errors. The division engineer shall prepare a separate list tabulating the water rights which he determines to have been abandoned in whole or in part. In making his determination with respect to abandonment, the division engineer shall investigate the circumstances relating to each water right, the water available under which has not been fully applied to a beneficial use, and in such cases shall be guided by the criteria set forth in subsection (11) of this section. In making such 1978 tabulation, the division engineer shall apply the criteria set forth in section 37-92-401 (1).
(b) The abandonment list provided for in this section, when concluded by
judgment and decree, shall be conclusive as to water rights determined to have been abandoned. The listing of the water rights in the 1978 tabulation shall not create any presumption against abandonment, and the relative listing of water rights in the 1978 tabulation shall not create any presumption of seniority. The tabulation shall not be construed to modify special provisions of court decrees adjudicating, changing, or otherwise affecting such water rights or to modify contractual arrangements governing the interrelationship of such water rights. For the purpose of identification and description only, the tabulation may include additional information regarding the water rights listed, but this additional information shall neither be conclusive nor be presumptive of the truth or accuracy of the matters contained therein.
(2) No later than July 10, 1978, the division engineer shall publish a notice
that the 1978 tabulation has been made and that such tabulation may be inspected or a copy obtained as specified in this subsection (2), and the division engineer shall mail a copy of such tabulation to each person whose name is on the list specified in section 37-92-302 (3)(c) and shall mail a copy of such tabulation by registered mail to the owner or last-known owner or claimant, if known, of every water right or conditional water right which the division engineer has found to have been abandoned in whole or in part or which has been changed adversely and shall publish the 1978 abandonment list. The division engineer shall make such examination as is reasonably appropriate to determine the owner or claimant of such water rights. The aforementioned publication shall be such as is necessary to obtain general circulation once in each county or portion thereof which is in the division by means of one or more newspapers which, if possible, are published in the division. A copy of such 1978 tabulation and abandonment list, together with any revisions, shall be available in the office of each division engineer and the offices of each water commissioner and each county clerk and recorder for inspection at any time during regular office hours, and the division engineer shall furnish or mail a copy to anyone requesting the same upon payment of a fee of five dollars.
(3) Not later than July 1, 1980, any person who wishes to object to the
manner in which a water right or conditional water right is listed in the 1978 tabulation or abandonment list or to the omission of a water right or conditional water right from such tabulation shall file a statement of objection in writing with the division engineer. A fee of ten dollars shall be paid with such filing; except that no fee shall be required for any such filing to correct any clerical error.
(4) On or before July 1, 1984, the division engineer shall make such revisions,
if any, as he deems proper in the 1978 tabulation and abandonment list. In considering the matters raised by statements of objections, the division engineer may consult with interested persons. The division engineer shall consult with the state engineer and shall make any revisions in the 1978 tabulation and abandonment list determined by the state engineer to be necessary or advisable. If the division engineer determines such to be advisable or if requested by the objector in the statement of objection, the division engineer shall hold an informal hearing on the subject matter contained in said statement of objection. The revised 1978 tabulation and abandonment list or, if there are no revisions, the original 1978 tabulation and abandonment list, signed by the division engineer and by the state engineer, shall be filed on or before July 1, 1984, with the water clerk. A copy of such 1978 tabulation and such abandonment list, together with any revisions, shall be available in the office of each division engineer and the offices of each water commissioner and each county clerk and recorder for inspection at any time during regular office hours, and the division engineer shall furnish or mail a copy to anyone requesting the same upon payment of a fee of five dollars. If the 1978 tabulation or the abandonment list is revised, the division engineer, on or before August 31, 1984, shall cause notice of such revisions to be included in the resume described in section 37-92-302 (3) of cases filed in the respective water divisions during the month of July, 1984, specifying that the revisions may be inspected or a copy thereof obtained as specified in this subsection (4). Such publication shall be made as is necessary to obtain general circulation once in each county or portion thereof which is in the division.
(5) The division engineer shall mail a copy of the abandonment list and any
revisions thereto by registered mail to the owner or last-known owner or claimant, if known, of every water right which the division engineer has found to have been abandoned in whole or in part. The division engineer shall make such examination as is reasonably appropriate to determine the owner or claimant of such water rights. He shall also cause publication to be made of the abandonment list and any revisions thereto in each county in which water rights on the list are located. Such publication shall be made for four successive weeks and shall be published, if possible, in a newspaper published in the county where the water right is located. Any person who wishes to protest the inclusion of any water right on the abandonment list and any revisions thereto shall file a written protest in accordance with the procedures of section 37-92-401 (5); except that such protests shall be filed with the water clerk not later than December 31, 1984.
(6) Commencing on the March or April term-day of 1985, as the case may be
in the respective divisions, pursuant to section 37-92-304 (1), and continuing for as long as may be necessary, the water judge of each division shall conduct hearings on the abandonment list and any revisions thereto filed by the division engineer and any protests that have been filed with respect thereto. The hearings shall be conducted in accordance with the provisions of section 37-92-401 (6).
(7) If no protests have been filed, then not later than July 1, 1985, the water
judge shall enter a judgment and decree incorporating and confirming the abandonment list and any revisions thereto of the division engineer without modification.
(8) A copy of the judgment and decree entered pursuant to subsection (6) or
(7) of this section shall be filed with the state engineer and the division engineer and shall be provided by the water clerk to any other person requesting same upon payment of a fee of seventy-five cents per page. Promptly after receiving such judgment and decree, the division engineer and the state engineer shall enter in their records the determinations therein made as to date of priority, date of adjudication, and volume and amount of the water rights and conditional water rights adjudged to have been abandoned and shall regulate the distribution of water accordingly.
(9) Appellate review shall be allowed to the judgment and decree entered
pursuant to subsection (6) or (7) of this section or any part thereof as in other water matters, but no appellate review shall be allowed with respect to that part of such judgment or decree which confirms a portion of the abandonment list and any revisions thereto with respect to which no protest was filed.
(10) Clerical mistakes in the judgment and decree entered pursuant to
subsection (6) or (7) of this section may be corrected by the water judge on his own initiative or on the petition of any person, and substantive errors therein may be corrected by the water judge on the petition of any person whose rights have been adversely affected thereby and a showing satisfactory to the water judge that such person, due to mistake, inadvertence, or excusable neglect, failed to file a protest to the abandonment list and any revisions thereto with the water clerk within the time specified in this section. Any petition referred to in the preceding sentence shall be filed with the water clerk within four years after the date of the entry of said judgment and decree. The water judge shall order such notice of any such correction proceedings as he determines to be appropriate to advise all persons who may be affected thereby. Any order of the water judge making such corrections shall be subject to appellate review as specified in subsection (9) of this section.
(11) For the purpose of procedures under this section, failure for a period of
ten years or more to apply to a beneficial use the water available under a water right when needed by the person entitled to use same shall create a rebuttable presumption of abandonment of a water right with respect to the amount of such available water which has not been so used; except that such presumption may be waived by the division engineer or the state engineer if special circumstances negate an intent to abandon.
(12) No proceeding previously initiated before the water judge pertaining to
the 1974 tabulation referred to in previous statutes shall be maintained; except that the dismissal of any such proceeding shall be without prejudice with respect to any substantive matters alleged therein.
(13) The use and effect of the 1978 tabulation, as distinguished from the
abandonment list, shall be governed by the provisions of section 37-92-401 (11).
(14) The provisions of this section shall apply only to the 1978 tabulation and
abandonment list authorized by this section.
(15) Notwithstanding the amount specified for any fee in this section, the
state engineer by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the state engineer by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
Source: L. 69: p. 1214, � 1. C.R.S. 1963: � 148-21-28. L. 73: p. 1528, �� 3, 4. L.
75: Entire section amended, p. 1399, � 2, effective July 1. L. 79: (1)(b) amended, p. 1380, � 1, effective May 18. L. 81: (4) to (7) amended, p. 1789, � 4, effective July 1. L. 83: (1) to (4) and (6) to (10) amended, (13) and (14) added, and (5) R&RE, pp. 1436, 1438, 1439, �� 5-7, effective June 16; (8) amended, p. 1429, � 4, effective July 1. L. 98: (15) added, p. 1346, � 78, effective June 1.
Editor's note: Amendments to subsection (8) by Senate Bill 83-90 and House
Bill 83-1255 were harmonized.
Cross references: For publication of legal notices, see part 1 of article 70 of
title 24; for water clerk preparing resume of applications for water rights each month, see � 37-92-302 (3).
PART 5
REGULATION OF WATER - VIOLATIONS
Cross references: For the appointments and functions of water division
engineers, see � 37-92-202.
C.R.S. § 37-92-501
37-92-501. Jurisdiction over water - rules and regulations. (1) The state engineer and the division engineers shall administer, distribute, and regulate the waters of the state in accordance with the constitution of the state of Colorado, the provisions of this article and other applicable laws, and written instructions and orders of the state engineer, in conformity with such constitution and laws, and no other official, board, commission, department, or agency, except as provided in this article and article 8 of title 25, C.R.S., has jurisdiction and authority with respect to said administration, distribution, and regulation. It is the legislative intent that the operation of this section shall not be used to allow groundwater withdrawal which would deprive senior surface rights of the amount of water to which said surface rights would have been entitled in the absence of such groundwater withdrawal and that groundwater diversions shall not be curtailed nor required to replace water withdrawn, for the benefit of surface right priorities, even though such surface right priorities be senior in priority date, when, assuming the absence of groundwater withdrawal by junior priorities, water would not have been available for diversion by such surface right under the priority system. The state engineer may adopt rules and regulations to assist in, but not as a prerequisite to, the performance of the foregoing duties.
(2) In the adoption of such rules and regulations the state engineer shall be
guided by the principles set forth in section 37-92-502 (2) and by the following:
(a) Recognition that each water basin is a separate entity, that aquifers are
geologic entities and different aquifers possess different hydraulic characteristics even though such aquifers be on the same river in the same division, and that rules applicable to one type of aquifer need not apply to another type. All other factors being the same, aquifers of the same type in the same water division shall be governed by the same rules regardless of where situate.
(b) Consideration of all the particular qualities and conditions of the aquifer;
(c) Consideration of the relative priorities and quantities of all water rights
and the anticipated times of year when demands will be made by the owners of such rights for waters to supply the same;
(d) Recognition that one owner may own both surface and subsurface water
rights;
(e) That all rules and regulations shall have as their objective the optimum
use of water consistent with preservation of the priority system of water rights;
(f) That rules and regulations may be amended or changed from time to time
within the same aquifer dependent upon the then existing and forecast conditions, facts and conditions as then known, and as knowledge of the aquifer is enlarged by operating experience;
(g) That time being of the essence, rules and regulations and changes
thereof proposed for an aquifer shall be published once in the county or counties where such aquifer exists not less than sixty days prior to the proposed adoption of such rules and regulations, and copies shall be mailed by the water clerk of the division to all persons who are on the mailing list of such division. Copies of such proposed regulations shall be available without charge to any owner of a water right at the office of the water clerk.
(3) (a) Any person desiring to protest a proposed rule and regulation may do
so in the same manner as provided in section 37-92-304 for the protest of a ruling of a referee, and the water judge shall hear and dispose of the same as promptly as possible.
(b) Any such protest must be filed by the end of the month following the
month in which such proposed rules and regulations are published.
(4) (a) In addition to the provisions of subsection (2) of this section, when
adopting rules governing the use of underground water in division 3, and in recognition of the unique geologic and hydrologic conditions and the conjunctive use practices prevailing in division 3, the state engineer shall have wide discretion to permit the continued use of underground water consistent with preventing material injury to senior surface water rights. Any reduction in underground water usage required by such rules shall be the minimum necessary to meet the standards of this subsection (4). In regulating an aquifer or system of aquifers in division 3, the state engineer shall apply the following principles:
(I) Use of the confined and unconfined aquifers shall be regulated so as to
maintain a sustainable water supply in each aquifer system, with due regard for the daily, seasonal, and long-term demand for underground water;
(II) Unconfined aquifers serve as valuable underground water storage
reservoirs with water levels that fluctuate in response to climatic conditions, water supply, and water demands, and such fluctuations shall be allowed to continue;
(III) Fluctuations in the artesian pressure in the confined aquifer system have
occurred and will continue to occur in response to climatic conditions, water supply, and water demands. Subject to subparagraph (IV) of this paragraph (a), such pressure fluctuations shall be allowed with the ranges that occurred during the period of 1978 through 2000. Artesian pressures shall be allowed to increase in periods of greater water supply and shall be allowed to decline in periods of lower water supply in much the same manner and within the same ranges of fluctuation as occurred during the period of 1978 through 2000, while maintaining average levels similar to those that occurred in 1978 through 2000.
(IV) Nothing in subparagraph (I) or (II) of this paragraph (a) shall be construed
either to relieve wells from the obligation to replace injurious stream depletions in accordance with the rules adopted by the state engineer or to permit the expanded use of underground water; and
(V) Underground water use shall not unreasonably interfere with the state's
ability to fulfill its obligations under the Rio Grande compact, codified in article 66 of this title, with due regard for the right to accrue credits and debits under the compact.
(b) In adopting rules pursuant to paragraph (a) of this subsection (4), the
state engineer shall:
(I) Recognize contractual arrangements among water users, water user
associations, water conservancy districts, ground water management subdistricts, and the Rio Grande water conservation district, pursuant to which:
(A) Water is added to the stream system to assist in meeting the Rio Grande
compact delivery schedules or to replace depletions to streamflows resulting from the use of underground water; or
(B) Subject to subparagraphs (I), (II), and (III) of paragraph (a) of this
subsection (4), injury to senior surface water rights resulting from the use of underground water is remedied by means other than providing water to replace stream depletions;
(II) Establish criteria for the beginning and end of the division 3 irrigation
season for all irrigation water rights;
(III) Not recognize the reduction of water consumption by phreatophytes as a
source of replacement water for new water uses or to replace existing depletions, or as a means to prevent injury from new water uses; and
(IV) Not require senior surface water right holders with reasonable means of
surface diversions to rely on underground water to satisfy their appropriative water right.
(c) The state engineer shall not curtail underground water withdrawals from
aquifers in division 3 that are included in a ground water management subdistrict created pursuant to section 37-45-120 or 37-48-108 if the withdrawals are made pursuant to a groundwater management plan adopted by the subdistrict that meets the requirements of paragraphs (a) and (b) of this subsection (4). The state engineer shall publish notice of the approval of any groundwater management plan in the same manner as provided for rules under paragraph (g) of subsection (2) of this section, and judicial review of such approval shall be pursuant to paragraph (a) of subsection (3) of this section. The water judge shall retain jurisdiction over the water management plan for the purpose of ensuring the plan is operated, and injury is prevented, in conformity with the terms of the court's decree approving the water management plan.
Source: L. 69: p. 1216, � 1. C.R.S. 1963: � 148-21-34. L. 71: p. 1331, � 2. L. 2004:
(4) added, p. 777, � 1, effective May 20.
Cross references: For the Colorado Water Quality Control Act, see article 8
of title 25; for the proceedings by the water judge, see � 37-92-304.
C.R.S. § 37-92-501.5
37-92-501.5. Special procedures with respect to plans for augmentation. Consistent with the decisions of the water judges establishing the basis for approval for plans for augmentation and for the administration of groundwater, the state engineer and division engineers shall exercise the broadest latitude possible in the administration of waters under their jurisdiction to encourage and develop augmentation plans and voluntary exchanges of water and may make such rules and regulations and shall take such other reasonable action as may be necessary in order to allow continuance of existing uses and to assure maximum beneficial utilization of the waters of this state. In so doing, the state engineer shall curtail all out-of-priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights.
Source: L. 77: Entire section added, p. 1704, � 5, effective June 19.
C.R.S. § 37-92-502
37-92-502. Orders as to waste, diversions, or distribution of water. (1) The state engineer or the division engineers shall issue to the owners or users of water rights and to the users of waters of the state such orders as are necessary to implement the provisions of section 37-92-501, including, but not limited to, the orders specified in subsections (2) to (7) of this section. If such orders are given orally, they shall be confirmed promptly in writing.
(2) (a) Each division engineer shall order the total or partial discontinuance of
any diversion in his division to the extent that the water being diverted is not necessary for application to a beneficial use; and he shall also order the total or partial discontinuance of any diversion in his division to the extent that the water being diverted is required by persons entitled to use water under water rights having senior priorities, but no such discontinuance shall be ordered unless the diversion is causing or will cause material injury to such water rights having senior priorities. In making his decision as to the discontinuance of a diversion to satisfy senior priorities, the division engineer shall be governed by the following: The materiality of injury depends on all factors which will determine in each case the amount of water such discontinuance will make available to such senior priorities at the time and place of their need. Such factors include the current and prospective volumes of water in and tributary to the stream from which the diversion is being made; distance and type of stream bed between the diversion points; the various velocities of this water, both surface and underground; the probable duration of the available flow; and the predictable return flow to the affected stream. Each diversion shall be evaluated and administered on the basis of the circumstances relating to it and in accordance with provisions of this article and the court decrees adjudicating and confirming water rights. In the event that a discontinuance has been ordered pursuant to the provisions of this paragraph (a), and nevertheless such discontinuance does not cause water to become available to such senior priorities at the time and place of their need, then such discontinuance order shall be rescinded. If a well has been approved as an alternate means of diversion for a water right for which a surface means of diversion is decreed, such well and such surface means must be utilized to the extent feasible and permissible under this article to satisfy said water right before diversions under junior water rights are ordered discontinued. In addition to any other methods of giving notice, the posting of a written order, in plain sight, at the place of diversion shall be considered sufficient notice of the order of the division engineer; and, when so posted, such order shall be effective from the time of posting.
(b) If any groundwater was exposed to the atmosphere in connection with
the extraction of sand and gravel by open mining as defined in section 34-32-103 (9), C.R.S., prior to January 1, 1981, the division engineer shall not order the curtailment of diversions which were attributable solely to evaporation from such exposed groundwater.
(c) Upon a claim made to the state engineer for administration pursuant to
section 37-92-102 (3)(b), the state engineer shall confirm the extent of the claimed unadjudicated use or exchange of water being made pursuant to appropriation or practices in existence on the date of appropriation of an instream flow water right. The state engineer's confirmation is reviewable by the water court on a de novo basis. Nothing in this subsection (2)(c) requires or prohibits a water user from seeking water court confirmation or adjudication of the preexisting uses or exchanges.
(3) Each division engineer shall order the release from storage of any water
he finds to have been illegally or improperly stored and shall make such orders as are necessary to ensure that such released waters are delivered to those owners or users of water rights who are entitled to the same and to ensure that the release will not cause damage.
(4) Each division engineer with the approval of the state engineer shall
administer the movement of water involved in any plan for augmentation or water use project which is in effect in his division. If any such plan or project involves the movement of water from one division to another, then the administration of such movement shall be the direct responsibility of the state engineer, but he may act through the appropriate division engineers. In such administration the division engineers and the state engineer shall issue such orders as are necessary and appropriate and may utilize any funds, public or private, and any other resources made available to them. Each plan for augmentation shall be administered to accomplish the maximum economic use of and benefit from the water which may be available or developed for such administration if persons owning, or entitled to use water under, water rights or conditional water rights will not be injuriously affected thereby.
(5) (a) The state engineer and the division engineers have authority to order
any owner or user of a water right to install and maintain at such owner's or user's expense necessary meters, gauges, or other measuring devices and to report at reasonable times to the appropriate division engineer the readings of such meters, gauges, or other measuring devices.
(b) The state engineer and the division engineers have authority to order any
person or company supplying energy used to pump groundwater to provide, at reasonable times to the appropriate division engineer, records of energy used to pump groundwater. Nothing contained in this paragraph (b) shall affect any reporting requirements of the public utilities commission pursuant to section 40-3-110, C.R.S.
(c) Repealed.
(6) The state engineer and the division engineers and their duly authorized
assistants and staff have the authority and duty to enter upon, and to order any person to permit the entry upon, private property at any reasonable time to inspect the various means or proposed means of diversion, transportation, and storage and the uses to which water is being, or is proposed to be, put and to read meters, gauges, and other measuring devices.
(7) The state engineer, division engineer, and their duly authorized assistants
have the power and duty to issue orders so that the streams of the state may be kept clear of unnecessary dams or other obstructions which may restrict or impede the flow of water to the water users of the state.
Source: L. 69: p. 1217, � 1. C.R.S. 1963: � 148-21-35. L. 71: p. 1337, � 1. L. 83:
(2) amended, p. 1430, � 5, effective July 1. L. 89: (2) amended, p. 1426, � 6, effective July 15. L. 96: (5) amended, p. 21, � 3, effective March 1. L. 2003: (5)(c) added, p. 1511, � 2, effective May 1. L. 2004: (5)(c) amended, p. 361, � 3, effective April 7. L. 2020: (2)(c) added, (HB 20-1159), ch. 101, p. 389, � 1, effective September 14. L. 2021: (5)(c) repealed, (SB 21-266), ch. 423, p. 2805, � 35, effective July 2.
C.R.S. § 37-92-503
37-92-503. Enforcement - injunction. (1) (a) In the event an order of a division engineer or the state engineer issued pursuant to section 37-92-502 is not complied with, the state engineer and the particular division engineer in the name of the people of the state of Colorado, through the attorney general, shall apply to the water judge of the particular division for an injunction enjoining the person to whom such order was directed from continuing to violate same. The term injunction includes mandatory relief.
(b) In such proceeding, if the court upholds the order of the state engineer,
the person against whom such order was issued shall pay the costs of the proceeding, including the allowance of reasonable attorney fees.
(c) Any proceeding brought by the state engineer or a division engineer to
enforce an order to curtail the diversion of surface water or groundwater to comply with an interstate compact shall be accelerated on the court's calendar pursuant to section 37-92-203 (2), shall take priority over other water matters, and shall be determined immediately upon the conclusion of such proceeding.
(2) In the case of an order with respect to the diversion of water or the
release of water from reservoirs, the water judge in ruling upon such injunction shall consider, depending on the basis for the order, whether or not the water is being applied to a beneficial use; whether or not the diversion is causing or will cause injury to persons owning, or entitled to use water under, water rights having senior decreed priorities; and whether or not the release of improperly stored water would benefit other water users.
(3) Any person who has an interest in the subject matter of such proceedings
may intervene, if such intervention is timely and will not cause undue delay.
(4) In the case of a violation of an injunction issued under the provisions of
this section, the water judge shall try and punish the offender for contempt of court.
(5) Such proceedings shall be in addition to, and not in lieu of, any other
penalties and remedies, public or private, provided by law.
(6) (a) (I) Any person who diverts groundwater contrary to a valid order of the
state engineer or a division engineer issued pursuant to section 37-92-502, in violation of a plan approved pursuant to rules adopted by the state engineer, or otherwise in violation of rules adopted by the state engineer to regulate or measure diversions of groundwater shall forfeit and pay a sum not to exceed five hundred dollars for each day such violation continues.
(II) Any person who diverts surface water contrary to a valid order of the
state engineer or a division engineer issued pursuant to section 37-92-502 shall forfeit and pay a sum not to exceed five hundred dollars for each day such violation continues.
(b) Any person who, when required to do so by rules and regulations adopted
by the state engineer, fails to submit data as to amounts of water pumped from a well, makes a false or fictitious report of the amounts of water pumped from a well, falsifies any data as to amounts pumped from a well, makes a false or fictitious report of a power coefficient for a well, or falsifies any power coefficient test shall forfeit and pay a sum not to exceed five hundred dollars for each violation.
(c) It is unlawful for any person not authorized by the well owner or the state
engineer to willfully interfere with any power meter, totalizing flow meter, or other device used to measure groundwater diversions. Any person who willfully injures or destroys a power meter, totalizing flow meter, or other device used to measure groundwater diversions or who tampers with or falsifies any record made or being made by any such power meter, totalizing flow meter, or other device shall forfeit and pay a sum not to exceed five hundred dollars for each violation.
(d) Any fine collected for violations of the provisions of this subsection (6)
shall be transmitted to the state treasurer, who shall credit the same to the general fund.
(e) The state engineer and the particular division engineer in the name of the
people of the state of Colorado, through the attorney general, shall apply to the water judge of the particular division to recover the civil penalties specified in paragraphs (a), (b), and (c) of this subsection (6) or for a temporary restraining order, preliminary injunction, or permanent injunction, as appropriate, enjoining further violations of this subsection (6). If the state engineer and the division engineer prevail, the court shall also award the costs of the proceeding including the allowance of reasonable attorney fees.
(7) Any person required by a valid order of the state engineer or division
engineer, or by existing rules of the state engineer, to replace depletions caused by diversions of groundwater or surface water and whose failure to replace such depletions results in the violation of an interstate compact shall be liable for all direct, actual, and necessary expenses incurred by the state of Colorado in performing any action, including the purchase of water or payment of damages, necessary for the state of Colorado to remedy the violation of such compact. The state engineer and the particular division engineer in the name of the people of the state of Colorado, through the attorney general, shall apply to the water judge of the particular division to recover such expenses. If the state engineer and the division engineer prevail, the court shall also award the costs of the proceeding including the allowance of reasonable attorney fees.
(8) Repealed.
(9) In the case of an action initiated by the state engineer or another person
alleging expanded or unlawful use of a water right decreed for irrigation, the lawful maximum amount of irrigated acreage for a decree entered before January 1, 1937, that establishes an irrigation water right and does not expressly limit the number of acres that the appropriator may irrigate under the water right equals the maximum amount of acreage irrigated in compliance with the express provisions of the decree during the first fifty years after the entry of the original decree, unless a court of competent jurisdiction has entered a final judgment to the contrary. Irrigation of acreage not exceeding the lawful maximum amount and located within a reasonable proximity to the ditch, including extensions and lateral delivery infrastructure, as constructed within the first fifty-year period after entry of the original decree is deemed lawful for continued irrigation under the water right.
Source: L. 69: p. 1218, � 1. C.R.S. 1963: � 148-21-36. L. 71: p. 1337, � 2. L. 96:
(1)(c), (6), and (7) added, p. 21, �� 4, 5, effective March 1. L. 2003: (8) added, p. 1511, � 3, effective May 1. L. 2004: (8) repealed, p. 362, � 4, effective April 7. L. 2010: (6)(a) amended, (SB 10-027), ch. 86, p. 289, � 1, effective April 14. L. 2013: (9) added, (SB 13-074), ch. 107, p. 373, � 2, effective August 7.
C.R.S. § 37-92-504
37-92-504. Treble damages. Any person who is damaged in his business or property by reason of the violation of an order issued pursuant to section 37-92-502, the violation of which has been properly enjoined pursuant to section 37-92-503, may bring an action against any person who has violated said order in any district court of competent jurisdiction and recover threefold the damages sustained and the cost of suit, including reasonable attorney fees.
Source: L. 69: p. 1218, � 1. C.R.S. 1963: � 148-21-37.
PART 6
APPLICATION OF ARTICLE
Cross references: For the appointments and functions of water division
engineers, see � 37-92-202.
C.R.S. § 37-92-601
37-92-601. Disposition of pending proceedings - showings of reasonable diligence. All proceedings pending on June 7, 1969, for the adjudication of water rights, for a change of water rights, or for the disposition of other matters which are of the type to be handled by proceedings provided for in this article shall be concluded by June 1, 1972, in accordance with the provisions of the statute under which they are instituted, and priorities and changes of water rights which are determined in such pending proceedings shall be integrated by the various division engineers in their current records and shall be included in tabulations prepared by the division engineers pursuant to the provisions of this article. Any such proceedings which are not concluded by June 1, 1972, shall be heard from that time on to completion by the water judge for the division in which the proceedings are pending, under procedures provided for in this article; except that the chief justice of the supreme court may provide that a judge, other than the water judge, shall complete proceedings in specific cases. Persons who have filed statements of claim in such pending proceedings may withdraw therefrom at any time and file applications or otherwise proceed in accordance with this article. Showings of reasonable diligence under existing conditional decrees or conditional decrees entered in such pending proceedings shall be made in accordance with the provisions of this article, but the time shall be tolled during any period in which the water judge finds the applicant was prevented from filing by reason of conditions beyond his control. Applications for findings of reasonable diligence shall be filed with the water clerk pursuant to the terms of this article. When and if a conditional water right awarded in any such conditional decree becomes a water right pursuant to the procedures in this article, the priority awarded such water right shall be the same as if the proceedings in which the conditional decree was entered had remained open until the final determination with respect to such water right.
Source: L. 69: p. 1218, � 1. C.R.S. 1963: � 148-21-44. L. 70: p. 433, � 5. L. 71: p.
1339, � 1. L. 73: p. 1523, � 3. L. 90: Entire section amended, p. 1626, � 3, effective April 13.
Cross references: For making application for the determination of a water
right, see � 37-92-302 (1).
C.R.S. § 37-92-602
37-92-602. Exemptions - presumptions - stream restoration projects - report - legislative declaration - definitions. (1) This article, except for sections 37-92-201 and 37-92-202, does not apply to:
(a) Designated groundwater basins as defined and established by article 90
of this title;
(b) Wells not exceeding fifteen gallons per minute of production and used
for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over one acre of home gardens and lawns but not used for more than three single-family dwellings;
(c) Wells not exceeding fifteen gallons per minute of production and used
for drinking and sanitary facilities in individual commercial businesses;
(d) Wells to be used exclusively for fire-fighting purposes if said wells are
capped, locked, and available for use only in fighting fires;
(e) Wells not exceeding fifty gallons per minute that are in production as of
May 22, 1971, and were and are used for ordinary household purposes for not more than three single-family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches, and for the irrigation of not over one acre of gardens and lawns;
(f) Wells to be used exclusively for monitoring and observation purposes if
said wells are capped and locked and used only to monitor water levels or for water quality sampling; and
(g) (I) Any system or method of collecting precipitation from the roof of a
building that is used primarily as a residence and is not served by, whether or not connected to, a domestic water system that serves more than three single-family dwellings, but only if the use of the water thus collected is limited to one or more of the following:
(A) Ordinary household purposes;
(B) Fire protection;
(C) The watering of poultry, domestic animals, and livestock on farms and
ranches; or
(D) The irrigation of not more than one acre of gardens and lawns.
(II) As used in subparagraph (I) of this paragraph (g), a building that is used
primarily as a residence may include, but is not limited to, any structure used for habitation, regardless of whether the structure is operated commercially or inhabited intermittently.
(III) On and after July 1, 2009, any person wishing to use a system or method
of rooftop precipitation capture that qualifies as exempt under subparagraph (I) of this paragraph (g) shall comply with one of the following provisions of sub-subparagraph (A), (B), or (C) of this subparagraph (III):
(A) A person who has a well permit issued or recorded pursuant to this
section and who intends to use a system or method of rooftop precipitation capture that qualifies as exempt under subparagraph (I) of this paragraph (g) shall file, on a form prescribed by the state engineer and consistent with this section, a notice and description of the system or method of rooftop precipitation capture to be used in conjunction with the well. No fee shall be charged for the filing of this form.
(B) A person who applies for a new well permit pursuant to this section and
who intends to use a system or method of rooftop precipitation capture that qualifies as exempt under subparagraph (I) of this paragraph (g) shall include on the well permit application a description of the system or method of rooftop precipitation capture to be used in conjunction with the well. An applicant under this sub-subparagraph (B) shall pay the well permit application fee pursuant to subparagraph (II) of paragraph (a) of subsection (3) of this section; however, such applicant shall not be required to pay any additional application fee for the rooftop precipitation collection system.
(C) A person who does not intend to construct and use a well, but would
otherwise be entitled to the issuance of a well permit pursuant to this section, including the provisions of subsection (6) of this section, shall submit an application in the form and manner designated by the state engineer for a permit to install and use a system or method of rooftop precipitation capture and pay a fee in an amount to be determined by the state engineer. If the state engineer determines that the proposed system or method of rooftop precipitation capture meets the requirements of this paragraph (g), the state engineer shall issue a permit for the system or method, but not otherwise. The state engineer shall enforce the provisions of the permit in the same manner as the enforcement of any well permit issued under this section.
(IV) A person using or legally entitled to use a well pursuant to this section,
including the provisions of subsection (6) of this section, shall be allowed to collect rooftop precipitation pursuant to this paragraph (g) only for use by the same dwellings that are or would be served by the well and subject to all of the limitations on use contained in the well permit or, in the absence of a well permit, the well permit to which the person would be legally entitled, as determined by the state engineer.
(V) (A) The state engineer or the division engineers may issue, to the users of
methods or systems of rooftop precipitation collection, orders necessary to implement the provisions of this paragraph (g). If such orders are given orally, they shall be confirmed promptly in writing.
(B) In the event that an order of a division engineer or the state engineer
issued pursuant to sub-subparagraph (A) of this subparagraph (V) is not complied with, the state engineer, in the name of the people of the state of Colorado, through the attorney general, shall apply to the water judge of the particular division for an injunction enjoining the person from committing the violation. In such proceeding, if the court upholds the order of the state engineer, the person against whom such order was issued shall pay the costs of the proceeding, including reasonable attorney fees.
(C) Any person who violates an order issued by the state engineer pursuant
to sub-subparagraph (A) of this subparagraph (V) shall forfeit and pay a sum not to exceed five hundred dollars for each violation. Any fine collected for violations of this paragraph (g) shall be transmitted to the state treasurer, who shall credit the same to the water resources cash fund created in section 37-80-111.7 (1).
(1.5) A person withdrawing water from a well pursuant to this section may
use graywater through use of a graywater treatment works, as those terms are defined in section 25-8-103 (8.3) and (8.4), C.R.S., in compliance with the requirements of section 25-8-205 (1)(g), C.R.S. Any limitations on use set forth in the well permit apply to the use of graywater.
(2) With respect to applications filed prior to May 8, 1972, the state engineer
shall issue a permit for the construction of wells specified in subsection (1) of this section without regard to the provisions of section 37-90-137 (2) and (3) upon submission of an application which shall be accompanied by a fee of five dollars. It is the legislative intent that the exemption in subsection (1) of this section is for an applicant to obtain a water supply for his own use.
(3) (a) (I) Repealed.
(II) Effective July 1, 2006, wells of the type described in paragraphs (b) to (d)
of subsection (1) of this section may be constructed only upon the issuance of a permit in accordance with the provisions of this subsection (3). A person desiring to use such a well shall submit an application for a permit accompanied by a fee of sixty dollars for an application under paragraph (c) of this subsection (3) and a fee of one hundred dollars for an application under paragraph (b) of this subsection (3).
(b) (I) With respect to applications filed on and after May 8, 1972, the state
engineer shall first make a determination as to whether or not the exercise of the requested permit will materially injure the vested water rights of others or any other existing well, subject to the provisions of subparagraph (II) of this paragraph (b). If the state engineer finds that the vested water rights of others or any other existing well will be materially injured, he shall deny the permit. Otherwise, the permit shall be issued, and it shall set forth such conditions for drilling, casing, equipping, and using the well as are reasonably necessary to prevent waste, pollution, or material injury to existing rights. The state engineer shall endorse upon the application the date of its receipt, file and preserve such application, and make a record of such receipt and the issuance of the permit in his office, so indexed as to be useful in determining the extent of the uses made from various groundwater sources.
(II) (A) If a permit is sought by a user for a well exempted under paragraph (b)
of subsection (1) of this section which will be the only well on a residential site, which well will be used solely for ordinary household purposes inside a single-family dwelling and will not be used for irrigation or will be the only well on a tract of land of thirty-five acres or more or will be the only well on a cluster development lot, serving one single-family residence, where the ratio of water usage in the cluster development does not exceed one acre-foot of annual withdrawals for each thirty-five acres within the cluster development and will be used solely for the purposes specified in paragraph (b) of subsection (1) of this section, and the return flow from such uses shall be returned to the same stream system in which the well is located, there shall be a presumption that there will not be material injury to the vested water rights of others or to any other existing well resulting from such well, which presumption may be rebutted by evidence sufficient to show such material injury.
(B) and (C) (Deleted by amendment, L. 93, p. 2100, � 1, effective July 1, 1993.)
(D) Nothing in this section shall be construed to preclude the state engineer
from requiring metering of withdrawals, periodic reporting of such withdrawals, and cessation of withdrawals that exceed one acre-foot of water for each thirty-five acres within a cluster development.
(III) Except as specified in subsection (3)(b)(IV) of this section, if the
application is for a well, as defined in subsection (3)(b)(II) of this section, which will be located in a subdivision, as defined in section 30-28-101 (10), and approved on or after June 1, 1972, pursuant to article 28 of title 30, for which the water supply plan has not been recommended for approval by the state engineer, the cumulative effect of all such wells in the subdivision shall be considered in determining material injury.
(IV) If an existing well was permitted under the presumption set forth in
subsection (3)(b)(II)(A) of this section, the presumption is not lost if:
(A) The land on which the well is located is divided into multiple parcels;
(B) The well is used on only a single parcel of the divided land and remains
the only well serving that parcel;
(C) With respect to the parcel of the land that the well still serves, the permit
holder continues to use the well in accordance with subsections (1)(b) and (3)(b)(II)(A) of this section; and
(D) The permit holder provides return flows in accordance with subsection
(3)(b)(II)(A) of this section.
(c) (I) If any person wishes to relocate an existing well of the type specified
in paragraphs (b) to (e) of subsection (1) of this section, such person shall file an application pursuant to this subsection (3) for the construction of a well and shall state in such application such person's intent to abandon the existing well which is to be relocated.
(II) (A) If such relocated well will not change substantially the usage of water
which can lawfully be made by means of the existing well, a permit to construct and use the relocated well shall be issued, and the existing well shall be abandoned within ninety-one days after the completion of the relocated well.
(B) For purposes of this subparagraph (II), absent a showing by a
preponderance of the evidence, a relocated well will be presumed not to change substantially the usage of water if the existing well was constructed pursuant to a permit issued by the state engineer, the location of the relocated well will be within two hundred feet of the existing well, the well will be constructed into the same aquifer, the historical use of water from the well will not change, the annual volume of use of the relocated well will be the same as or less than the annual permitted volume of use of the existing well, and the gallons per minute flow of the relocated well will be the same as or less than the permitted gallons per minute flow of the existing well.
(d) (I) Repealed.
(II) Effective July 1, 2006, wells for which permits have been granted or may
be granted shall be constructed within two years after the permit is issued, which time may be extended for successive years at the discretion of the state engineer for good cause shown.
(e) The state engineer shall act upon an application filed under this
subsection (3) within forty-nine days after such filing and shall support his or her ruling with a written statement of the basis therefor, and the provisions of article 4 of title 24, C.R.S., shall apply.
(f) Any person aggrieved by a decision of the state engineer granting or
denying an application filed under this subsection (3) may within thirty-five days after such decision file a petition for review with the water clerk of the water division in which the well is located. Upon receipt of such petition, the water judge of said water division shall promptly conduct such hearings as are necessary to determine whether or not the decision of the state engineer shall be upheld. In any case in which the state engineer's decision is reversed, the water judge shall order the state engineer to grant or to deny the application, as such reversal may require, and may specify such terms and conditions as are appropriate. Appeals from any decision of the water judge shall be made as in other civil actions.
(4) Notwithstanding the provisions of the introductory portion of subsection
(1) of this section, water rights for wells of the type specified in paragraphs (b) to (e) of said subsection (1) may be determined pursuant to sections 37-92-302 to 37-92-306; except that the original priority date of any such well may be awarded regardless of the date of application therefor.
(5) (a) Repealed.
(b) Effective July 1, 2006, any wells exempted by this section that were put
to beneficial use prior to May 8, 1972, and any wells that were used exclusively for monitoring and observation purposes prior to August 1, 1988, not of record in the office of the state engineer may be recorded in that office upon written application, payment of a processing fee of one hundred dollars, and permit approval. The record shall include the date the water is claimed to have been appropriated or first put to beneficial use.
(6) It is hereby declared to be the policy of the state of Colorado that the
exemptions set forth in this section are intended to allow citizens to obtain a water supply in less densely populated areas for in-house and domestic animal uses where other water supplies are not available. It is not the intent that these wells be used to cause material injury to prior vested water rights, and, wherever possible, persons seeking the use of such individual wells may be required to develop plans for augmentation pursuant to section 37-92-302 or to develop other replacement plans acceptable to the state engineer.
(7) Notwithstanding the amount specified for any fee in this section, the
state engineer by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the state engineer by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
(8) (a) The general assembly hereby declares that storm water detention and
infiltration facilities, post-wildland fire facilities, and fire suppression ponds are essential for the protection of public safety and welfare, property, and the environment.
(b) As used in this subsection (8):
(I) A storm water detention and infiltration facility means a facility that is
operated solely for storm water management and:
(A) Is owned or operated by a governmental entity or is subject to oversight
by a governmental entity;
(B) Continuously releases or infiltrates at least ninety-seven percent of all of
the water from a rainfall event that is equal to or less than a five-year storm within seventy-two hours after the end of the rainfall event;
(C) Continuously releases or infiltrates all of the water from a rainfall event
greater than a five-year storm as quickly as practicable, but in all cases releases or infiltrates at least ninety-nine percent of all of the water from the rainfall event within one hundred twenty hours after the end of the rainfall event; and
(D) Operates passively and does not subject the storm water runoff to any
active treatment process.
(II) A post-wildland fire facility means a facility that is:
(A) Not permanent;
(B) Located on, in, or adjacent to a nonperennial stream;
(C) Designed and operated solely for the mitigation of the impacts of
wildland fire events; and
(D) Designed and operated to minimize the quantity of water detained and
the duration of the detention of water to the levels necessitated by public safety and welfare.
(III) Fire suppression pond means a pond with water that may be used in a
fire emergency, which pond has been:
(A) Identified as a potential fire suppression pond by a board of county
commissioners in consultation with a fire protection district or fire authority pursuant to section 37-82-107; and
(B) Designated as a fire suppression pond by the state engineer pursuant to
section 37-80-124.
(c) (I) Storm water detention and infiltration facilities in existence on August
5, 2015, that are operated in compliance with paragraphs (b) and (e) of this subsection (8) and post-wildland fire facilities that are operated in compliance with paragraphs (b) and (e) of this subsection (8) do not cause material injury to vested water rights.
(II) (A) The holder of a vested water right may bring an action in a court of
competent jurisdiction to determine whether the operation of a storm water detention and infiltration facility constructed after August 5, 2015, has caused material injury to that water right. Operation of the facility in compliance with paragraphs (b) and (e) of this subsection (8) creates a rebuttable presumption that the facility does not cause material injury to vested water rights if the operation of the facility approximates and does not cause a material reduction in the natural hydrograph with respect to peak flows that would have existed without the upstream urban development that results in the storm water being managed by the storm water detention and infiltration facility.
(B) The holder of a vested water right who brings an action under sub-subparagraph (A) of this subparagraph (II) may rebut the presumption established
by sub-subparagraph (A) of this subparagraph (II) with evidence sufficient to show that the operation of the storm water detention and infiltration facility has caused material injury to the water right by modifying the amount or timing of water that would have been available for diversion by the water right absent the operation of the facility under hydrologic conditions that existed as of the water right's priority date, excluding flows resulting from development of impervious surfaces within the drainage that created the need for the storm water detention and infiltration facility.
(d) An entity that owns, operates, or has oversight for a storm water
detention and infiltration facility constructed after August 5, 2015, shall, prior to operation of the facility, provide notice of the location and approximate surface area at design volume of the facility and the data that demonstrates that the facility has been designed to comply with sub-subparagraphs (B) and (C) of subparagraph (I) of paragraph (b) of this subsection (8) to all parties on the substitute water supply plan notification list maintained by the state engineer pursuant to section 37-92-308 (6) for the water division in which the facility is located.
(e) (I) Water detained or released by a storm water detention and infiltration
facility or post-wildland fire facility shall not be used for any purpose, including, without limitation, by substitution or exchange, by the entity that owns, operates, or has oversight over the facility or that entity's assignees, and is available for diversion in priority after release or infiltration.
(II) An entity shall not release water detained by a storm water detention and
infiltration facility or post-wildland fire facility for the subsequent diversion or storage by the person that owns, operates, or has oversight over the facility or that entity's assignees.
(III) The operation of a storm water detention and infiltration facility or post-wildland fire facility is not the basis for a water right, credit, or other right to or for
the use of water.
(f) A person who installed or operated a post-wildland fire facility shall
ensure that the facility is removed or rendered inoperable after the emergency conditions created by the wildfire no longer exist.
(g) Nothing in this subsection (8) alters, amends, or affects any otherwise
applicable requirement to obtain a state or local permit for a storm water management facility or post-wildland fire facility constructed on or after August 5, 2015.
(h) The provisions of this subsection (8) relating to storm water detention
and infiltration facilities do not apply to Fountain creek and its tributaries, except for facilities required by or operated in compliance with a Colorado discharge permit system municipal separate storm sewer system permit issued by the department of public health and environment pursuant to article 8 of title 25, C.R.S.
(i) If a board of county commissioners applies to the state engineer for the
designation of a fire suppression pond pursuant to section 37-82-107, and the requirements of section 37-80-124 (10) and any rules promulgated by the division of fire prevention and control pursuant to section 37-82-107 (5) are satisfied, the proposed fire suppression pond is presumed to cause no material injury to the vested water rights of others. A holder of a decreed water right may rebut the presumption by providing evidence to the state engineer sufficient to show that material injury has occurred or will occur to the decreed water right.
(9) (a) The general assembly hereby declares that stream restoration
projects are essential for the protection of public safety, welfare, property, and the environment.
(b) As used in this subsection (9), unless the context otherwise requires:
(I) Minor stream restoration activity means any or all of the following
activities:
(A) Stabilizing the banks or substrate of a natural stream with hard,
bioengineered, or natural materials that, under less than extreme flow conditions, allow water to flow downstream, do not cause the water level to exceed the ordinary high water mark, and may incidentally increase surface area of the natural stream;
(B) Mechanical grading of the ground surface along a natural stream system
in a manner that does not result in groundwater exposure, diversions of surface water, or the collection of storm water;
(C) Stabilizing an ephemeral or intermittent natural stream by installing
deformable and porous structures into the banks and substrate, which may incidentally and temporarily increase surface area or infiltration;
(D) Daylighting a natural stream that has been piped or buried;
(E) Reducing the surface area of a natural stream to address reductions in
historical flow amounts; and
(F) Installing structures or reconstructing a channel in a natural stream
system for the sole purpose of recovery from the impacts of a wildland fire or flood emergency.
(II) Natural stream has the meaning set forth in section 37-87-102 (1)(b).
(III) Natural stream system means the extent of a natural stream in the
state and the geomorphic floodplain and associated riparian area.
(IV) Stream restoration project means a project that is designed and
constructed:
(A) Within a natural stream system; and
(B) For the purposes of wildland fire mitigation; flood mitigation; bank
stabilization; water quality protection or restoration; habitat, species, or ecosystem restoration; source water protection; infrastructure protection; or sediment and erosion management.
(c) If a stream restoration project is limited to one or more minor stream
restoration activities:
(I) The stream restoration project does not cause material injury to any
vested water right; and
(II) The stream restoration project is not an unnecessary dam or other
obstruction.
(d) The owner or proponent of a stream restoration project shall not install
the stream restoration project in a manner that adversely affects the function of structures used to divert water or measure water flow by holders of vested water rights without the permission of the owners of the structures.
(e) Notwithstanding any provision in this subsection (9) to the contrary,
nothing in this subsection (9):
(I) Creates a presumption of injury for any activity that does not meet the
definition of a minor stream restoration activity pursuant to subsection (9)(b)(I) of this section;
(II) Creates a basis for a water right, credit, or other right for the use of
water;
(III) Creates precedent for the litigation of, creates a legislative
determination of, alters, or affects any real property interests, including express or prescriptive flowage easements affecting land along a public stream held by any political subdivision or person;
(IV) Prohibits the state engineer from taking any action necessary to comply
with an interstate compact, interstate apportionment decree, or interstate agreement;
(V) Alters, amends, or affects any federal, state, or local law or requirement
that otherwise applies to a stream restoration project; or
(VI) Impairs or in any way affects the ability of any person to appropriate
water for purposes related to a stream restoration project.
(f) A stream restoration project that has obtained any applicable permits or
is under construction or completed by August 1, 2023, does not cause material injury to any vested water right and is not an unnecessary dam or other obstruction.
Source: L. 69: p. 1219, � 1. C.R.S. 1963; � 148-21-45. L. 71: p. 1341, � 1. L. 72:
pp. 629-631, �� 1, 2. L. 73: p. 1530, � 1. L. 75: (3)(b)(III) added, p. 1003, � 2, effective July 18. L. 87: (3)(a), (3)(e), and (5) amended, p. 1303, � 8, effective July 2. L. 88: (3)(b)(II) amended and (6) added, pp. 1243, 1244, �� 1, 2, 3, effective May 17. L. 90: (3)(b)(II) amended, p. 1628, � 1, effective April 10. L. 91: (3)(b)(II) amended, p. 2021, � 1, effective March 27. L. 92: (1)(f) added and (5) amended, pp. 2300, 2301, �� 7, 8, effective March 19. L. 93: (3)(b)(II) amended, p. 2100, � 1, effective July 1. L. 94: (3)(c) amended, p. 336, � 1, effective March 29. L. 96: (3)(b)(II)(A) amended and (3)(b)(II)(D) added, p. 1882, � 3, effective June 6. L. 98: (7) added, p. 1346, � 79, effective June 1; (5) amended, p. 1224, � 15, effective August 5. L. 2003: (3)(a), (3)(d), and (5) amended, p. 47, � 8, effective (see editor's note); (3)(a)(I)(A), (3)(a)(II), (5)(a)(I), and (5)(b) amended, p. 1685, � 18, effective May 14. L. 2009: (1)(e) and (1)(f) amended and (1)(g) added, (SB 09-080), ch. 179, p. 791, � 3, effective July 1. L. 2012: IP(1) and (1)(g)(V)(C) amended, (SB 12-009), ch. 197, p. 793, � 11, effective July 1; (3)(c)(II)(A), (3)(e), and (3)(f) amended, (SB 12-175), ch. 208, p. 894, � 168, effective July 1. L. 2013: (1.5) added, (HB 13-1044), ch. 228, p. 1091, � 10, effective May 15. L. 2015: (8) added, (SB 15-212), ch. 256, p. 930, � 1, effective August 5. L. 2020: (3)(b)(III) amended and (3)(b)(IV) added, (SB 20-155), ch. 226, p. 1107, � 1, effective July 2. L. 2022: (8)(a) and IP(8)(b) amended and (8)(b)(III) and (8)(i) added, (SB 22-114), ch. 464, p. 3304, � 4, effective August 10. L. 2023: (9) added, (SB 23-270), ch. 384, p. 2305, � 2, effective August 7.
Editor's note: (1) Section 10 of chapter 7, Session Laws of Colorado 2003,
provides for an effective date of March 1, 2003; however, the Governor did not sign the act until March 5, 2003.
(2) Subsection (3)(a)(I)(B) provided for the repeal of subsection (3)(a)(I),
subsection (3)(d)(I)(B) provided for the repeal of subsection (3)(d)(I), and subsection (5)(a)(II) provided for the repeal of subsection (5)(a), effective July 1, 2006. (See L. 2003, p. 47.)
Cross references: (1) For rule-making and licensing procedures of state
agencies, see article 4 of title 24; for the Colorado Groundwater Management Act, see article 90 of this title 37; for water divisions, see � 37-92-201; for division engineers, see � 37-92-202; for applications for water rights, see � 37-92-302; for rulings by the referee, see � 37-92-303; for proceedings by the water judge, see � 37-92-304; for standards with respect to rulings of the referee and decisions of the water judge, see � 37-92-305; for when priorities junior to prior awards, see � 37-92-306.
(2) For the legislative declaration contained in the 2003 act amending
subsections (3)(a), (3)(d), and (5), see section 1 of chapter 7, Session Laws of Colorado 2003. For the legislative declaration in the 2013 act adding subsection (1.5), see section 1 of chapter 228, Session Laws of Colorado 2013. For the legislative declaration in SB 22-114, see section 1 of chapter 464, Session Laws of Colorado 2022. For the legislative declaration in SB 23-270, see section 1 of chapter 384, Session Laws of Colorado 2023.
River Basin Authorities
ARTICLE 93
River Basin Authorities
37-93-101 to 37-93-108. (Repealed)
Source: L. 87: Entire article repealed, p. 1307, � 1, effective May 20.
Editor's note: This article was numbered as article 22 of chapter 148, C.R.S.
- For amendments to this article prior to its repeal in 1987, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
WATER RESOURCES AND POWER DEVELOPMENT
ARTICLE 95
Colorado Water Resources and
Power Development Authority
C.R.S. § 37-95-104
37-95-104. Establishment of authority - board of directors - removal - organization - compensation - dissolution. (1) There is hereby created the Colorado water resources and power development authority, which shall be a body corporate and a political subdivision of the state. The authority shall not be an agency of state government, nor shall it be subject to administrative direction by any department, commission, board, bureau, or agency of the state, except to the extent provided by this article.
(2) (a) The powers of the authority shall be vested in the governing body of
the authority which shall be a board of directors consisting of nine members who shall be appointed by the governor, with the consent of the senate, as follows:
(I) One member from the Rio Grande drainage basin;
(II) One member from the North Platte drainage basin;
(III) One member from the Arkansas drainage basin;
(IV) One member from the South Platte drainage basin outside the city and
county of Denver;
(V) One member from the city and county of Denver who is familiar with its
water problems;
(VI) One member from the Yampa-White drainage basins;
(VII) One member from the main Colorado drainage basin;
(VIII) One member from the Gunnison-Uncompahgre drainage basins;
(IX) One member from the San Miguel-Dolores-San Juan drainage basins.
(b) Appointments to the board shall be made so as to include one member
who shall be experienced in water project financing, one member who shall be experienced in the engineering aspects of water projects, one member who shall be experienced in the planning and developing of water projects, one member who shall be experienced in public health issues related to drinking water or water quality matters, and one member who shall be experienced in water law. Members of the board shall be representative of the water districts from which they are appointed.
(c) No more than five members of the board shall be members of the same
major political party.
(3) Members of the board shall be appointed for terms of four years; except
that the terms shall be staggered so that no more than three members' terms expire in the same year. Each member shall hold office for the term of the member's appointment and until a successor has been appointed. A member shall be eligible for reappointment. Any vacancy in the membership occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only.
(4) Each member may be removed from office by the governor for cause.
Each member shall take an oath or affirmation in accordance with section 24-12-101.
(5) The members of the board shall elect a chairman and a vice-chairman.
The members of the board shall also elect a secretary and a treasurer who need not be members, and the same person may be elected to serve as both secretary and treasurer. The powers of the board shall be vested in the members thereof in office from time to time, and five members of the board shall constitute a quorum at any meeting thereof. Action may be taken and motions and resolutions adopted by the board at any meeting thereof by the affirmative vote of at least five members of the authority. No vacancy in the membership of the board shall impair the right of a quorum of the members to exercise all the powers and perform all the duties of the board.
(6) Each member of the board not otherwise in full-time employment of the
state shall receive a per diem of one hundred dollars for each day actually and necessarily spent in the discharge of official duties, and all members shall receive traveling and other necessary expenses actually incurred in the performance of official duties.
(7) The authority may be dissolved by an act passed by the general assembly
on condition that the authority has no debts or obligations outstanding or that provision has been made for the payment or retirement of such debts or obligations. Upon any such dissolution of the authority, all property, funds, and assets thereof shall be vested in the state.
Source: L. 81: Entire article added, p. 1796, � 1, effective July 1. L. 2006: (2)(b)
amended, p. 151, � 1, effective March 31. L. 2008: (6) amended, p. 43, � 1, effective August 5. L. 2018: (4) amended, (HB 18-1138), ch. 88, p. 704, � 46, effective August 8. L. 2022: (3) and (4) amended, (SB 22-013), ch. 2, p. 86, � 114, effective February 25.
Cross references: (1) For the provisions that designate the Colorado water
resources and power development authority as a special purpose authority for the purposes of section 20 of article X of the Colorado constitution, see � 24-77-102 (15).
(2) For the legislative declaration in HB 18-1138, see section 1 of chapter 88,
Session Laws of Colorado 2018.
C.R.S. § 37-95-107
37-95-107. Feasibility studies - repayment of costs. (1) (a) (I) Before any proposed project can receive consideration for construction funding by the authority, the Colorado water conservation board must first review the feasibility study of any such proposed project, and the general assembly must authorize the authority to proceed to consider the construction of any proposed project.
(II) (A) Upon receipt of a feasibility study by the Colorado water conservation
board, said board shall review such study and forward the study to the general assembly together with its recommendation as to whether or not the proposed project should be authorized by the general assembly.
(B) Upon receipt of a feasibility study from the Colorado water conservation
board, the general assembly may authorize the authority, by means of a joint resolution signed by the governor, to proceed with the consideration of any project that the general assembly deems to be in the interests of and to the advantage of the people of this state. However, such joint resolution shall in no way require or compel the authority to fund or in any way finance and proceed with the development, acquisition, construction, reconstruction, enlargement, extension, improvement, furnishing, equipping, maintenance, repair, management, operation, or disposition of, or participation in any proposed project. A decision to proceed, when made subsequent to such joint resolution, shall be entirely within the discretion of the authority.
(C) Should the authority choose to proceed with a project, then the authority
shall make, or cause to be made, the necessary final designs and specifications for such project; except that the final project location, operation, and purposes must be in substantial compliance with the feasibility study for a project that was reviewed by the Colorado water conservation board. The authority shall also develop and implement detailed plans for the financing of projects with which it chooses to proceed. The terms and conditions of such financing shall be at the sole discretion of the authority.
(III) The provisions of this subsection (1) shall not apply to any small water
resources project; except that, in the case of any small water resources project that consists of or includes raw water diversion or storage facilities, the board shall promptly forward a copy of the project loan application to the Colorado water conservation board for informational purposes.
(b) The state engineer shall not issue a permit or license or approve plans,
pursuant to any law or rule governing such actions, for construction of any water management facility or hydroelectric power facility for which the authority has paid in whole or in part for a feasibility study or an environmental assessment or environmental impact study without a written resolution or written statement by the authority notifying the state engineer that the applicant has reimbursed the authority for its expenditures for the conduct of such studies.
(2) If the Colorado water conservation board enters into a contract for the
performance of a feasibility study for a proposed raw water project with a governmental agency and incurs expenses in performing such feasibility study, then the authority shall provide for the reimbursement of such expenses out of its financing contract with the governmental agency for such project prior to the start of construction only when:
(a) The Colorado water conservation board's contract with the governmental
agency sponsoring the project unconditionally requires the repayment of all of the expenses associated with the feasibility study prior to the start of construction, regardless of the funding source for such construction; and
(b) Such governmental agency obtains financing from the authority.
(3) The reimbursement obligation of the authority pursuant to subsection (2)
of this section shall not apply:
(a) To the expenses of any feasibility study commenced or initiated by the
Colorado water conservation board prior to June 5, 2003;
(b) To the expenses of any full or partial stream-wide, basin-wide, or
statewide feasibility study that is not focused on a single discrete raw water supply project;
(c) To the expenses of any feasibility study identified and authorized or
directed by law to be performed by the Colorado water conservation board without a contract with another governmental agency for such study;
(d) To the study of any domestic water supply project;
(e) If the Colorado water conservation board waives the obligation of the
governmental agency to make such repayment or if the Colorado water conservation board releases, in whole or in part, such governmental agency from its obligation to make such repayment; and
(f) If otherwise agreed to by the authority and the Colorado water
conservation board in an agreement entered into pursuant to section 37-60-106 (1)(t).
Source: L. 81: Entire article added, p. 1801, � 1, effective July 1. L. 83: (1) and
(7) amended, p. 1442, � 3, effective June 10. L. 85: (5) amended, p. 1191, � 2, effective June 13. L. 89: (8) added, p. 1433, � 4, effective April 18. L. 98: (8) amended, p. 143, � 2, effective April 2. L. 2003: Entire section R&RE, p. 2411, � 5, effective June 5.
C.R.S. § 37-96-103
37-96-103. Requirement of water conservation in landscaping for certain public projects.
(1) Repealed.
(2) On and after January 1, 1990, when the public entity responsible for
landscaping and maintaining any public project or facility constructed or renovated by the public entity develops a landscaping plan, the plan shall seek to conserve water in the landscaping of such public project or facility. Any such landscaping plan shall consider, but need not be limited to:
(a) Depending upon the use of the public project or facility, limiting the area
on which frequently irrigated and mowed turf is to be maintained to functional areas or areas proximal to entryways and restricting turf use from median strip plantings;
(b) Ensuring the use of efficient irrigation techniques, including, but not
limited to, water reuse, wherever possible and the use of seasonally variable irrigation schedules which match the evapotranspiration needs of the plants being irrigated;
(c) Analyzing and improving soil on the site to maximize moisture availability
for plant intake and to increase soil moisture penetration and retention;
(d) Using mulches to reduce water needs and weed growth and to check soil
erosion;
(e) Using lower-water demand plants, ground cover, and grass species to
conserve water; and
(f) Planning for routine maintenance such as weed control, pruning, and
irrigation system adjustments to reduce water usage.
(3) Any public entity which constructs or renovates a public project or
facility to which the provisions of this article apply may develop a water use analysis, a water use projection, and a landscaping water plan to guide and regulate water used for maintenance of any such landscaping.
(4) The state of Colorado shall develop and implement a plan to enhance
water use efficiency with respect to any state project or facility the construction or renovation of which commences after January 1, 1993.
(5) If the state facility or project involves landscaping or maintenance of
existing landscaping to enhance water use efficiency, a landscaping plan shall be developed and implemented using best management practices which shall include, but not be limited to:
(a) Limiting to functional areas of heavy pedestrian traffic, such as ballfields
or areas proximal to entryways, the locations on which frequently irrigated and mowed turf such as bluegrass is to be maintained, and restricting the use of turf in median strips;
(b) Ensuring the use of efficient irrigation techniques and systems, including
prohibiting landscape irrigation between the hours of 11 a.m. and 3 p.m.; employing the use of nonpotable water supplies and water reuse, where such supplies and water reuse are available, for irrigation of areas exceeding ten acres; and using seasonally variable irrigation schedules which match the evapotranspiration needs of the plants being irrigated;
(c) Analyzing and improving soil on the site to maximize moisture availability
for plant intake and to increase soil moisture penetration and retention;
(d) Using mulches to reduce water needs and weed growth and to check soil
erosion;
(e) Using lower water-demand plants, ground cover, and grass species to
reduce water usage;
(f) Planning for routine maintenance such as weed control, pruning, and
irrigation system adjustments so as to reduce water usage; and
(g) Using evapotranspiration data, when available, to determine water needs.
(6) After January 1, 1992, the state of Colorado shall subject all state
buildings to evaluation through water audits in those areas in which such audits are available from the local water supply entity.
(7) to (8) Repealed.
Source: L. 89: Entire article added, p. 1436, � 1, effective April 19. L. 91: (4) to
(8) added, p. 2028, � 5, effective June 4. L. 99: (8) repealed, p. 26, � 5, effective March 5. L. 2014: (7.1) added by revision, (SB 14-103), ch. 384, pp. 1877, 1880, �� 2, 6. L. 2025: (1) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.
Editor's note: (1) Subsection (7.1) provided for the repeal of subsections (7)
and (7.1), effective September 1, 2016. (See L. 2014, pp. 1877, 1880.)
(2) Subsection (1) was relocated to � 37-96-102.5 in 2025.
Cross references: In 1991, subsections (4), (5), (6), (7), and (8) were added by
the Water Conservation Act of 1991. For the short title and the legislative declaration, see sections 1 and 2 of chapter 328, Session Laws of Colorado 1991.
ARTICLE 96.5
Rooftop Precipitation Collection
37-96.5-101. Legislative declaration. (1) The general assembly hereby finds
and determines that, pursuant to sections 5 and 6 of article XVI of the state constitution, water is considered the property of the public, is dedicated to the use of the people, is subject to the doctrine of prior appropriation, and must be administered in accordance with the priority system established in article 92 of this title.
(2) The general assembly declares that nothing in this article is intended to
infringe upon or impair the doctrine of prior appropriation.
(3) The general assembly further declares that the use of a rain barrel does
not constitute a water right.
Source: L. 2016: Entire article added, (HB 16-1005), ch. 161, p. 509, � 1,
effective August 10.
37-96.5-102. Definitions. As used in this article, unless the context
otherwise requires:
(1) Rain barrel means a storage container with a sealable lid that is:
(a) Located aboveground outside of a residential home; and
(b) Used for collecting precipitation from a downspout of a rooftop.
(2) Single-family residence means a private residence that is a separate
building or an individual residence that is part of a row of residences joined by common sidewalls.
Source: L. 2016: Entire article added, (HB 16-1005), ch. 161, p. 509, � 1,
effective August 10.
37-96.5-103. Small-capacity rooftop precipitation collection permitted. (1)
Precipitation from a rooftop may be collected if:
(a) No more than two rain barrels with a combined storage capacity of one
hundred ten gallons or less are utilized;
(b) Precipitation is collected from the rooftop of a building that is used
primarily as a single-family residence or a multi-family residence with four or fewer units;
(c) The collected precipitation is used for outdoor purposes including
irrigation of lawns and gardens; and
(d) The collected precipitation is used on the residential property on which
the precipitation is collected.
(2) A person shall not use precipitation collected under this article for
drinking water or indoor household purposes.
(3) The state engineer may curtail rain barrel usage pursuant to section 37-92-502 (2)(a).
Source: L. 2016: Entire article added, (HB 16-1005), ch. 161, p. 510, � 1,
effective August 10.
37-96.5-104. Information on state engineer's website. (1) The state
engineer, to the extent practicable within existing resources, shall provide information on the state engineer's website on the permitted use of rain barrels to collect precipitation from residential rooftops, including a description of the limitations set forth in section 37-96.5-103.
(2) If the department of public health and environment informs the state
engineer that it has developed best practices in accordance with section 25-1.5-210, C.R.S., the state engineer shall, to the extent practicable within existing resources, post or link to the department's best practices on the state engineer's website.
Source: L. 2016: Entire article added, (HB 16-1005), ch. 161, p. 510, � 1,
effective August 10.
37-96.5-105. Reporting. (1) On or before March 1, 2019, and on or before
March 1, 2022, the state engineer shall report to the committees of reference in each house of the general assembly with jurisdiction over agriculture on whether the allowance of small-scale residential precipitation collection pursuant to this article has caused any discernible injury to downstream water rights. The state engineer's report may contain the following:
(a) Data received from water providers, water users, or other stakeholders;
(b) Data resulting from a precipitation collection pilot project or other
research; or
(c) Any complaint or report of injury.
Source: L. 2016: Entire article added, (HB 16-1005), ch. 161, p. 510, � 1,
effective August 10.
ARTICLE 97
Water Metering Act
C.R.S. § 37-98-102
37-98-102. Water resources and agriculture review committee - creation. (1) (a) (I) For the purposes of contributing to and monitoring the conservation, use, development, and financing of the water resources of Colorado for the general welfare of its inhabitants; identifying, monitoring, and addressing Colorado agriculture issues; and reviewing and proposing water resources and agriculture legislation, there is hereby created the water resources and agriculture review committee. The committee shall meet at the call of the chair at least four times during each calendar year to review and to propose water resources and agriculture legislation and related matters. In connection with such review, and at the discretion of the chair, the committee may take field trips during the calendar year in connection with its mandate and shall consult with experts in the field of water conservation, quality, use, finance, and development and the field of agriculture. The department of natural resources, the state engineer, the department of agriculture, and the attorney general, together with the members and staff of the Colorado water conservation board, the Colorado water resources and power development authority, the water quality control commission, the department of public health and environment, and the great outdoors Colorado program, shall cooperate with the committee and with any persons assisting the committee in pursuing its responsibilities pursuant to this section. Further, the committee may utilize the legislative council staff to assist its members in researching any matters.
(II) Repealed.
(b) (Deleted by amendment, L. 2003, p. 718, � 2, effective March 20, 2003.)
(2) (a) The committee shall consist of ten members of the general assembly
to be selected as follows:
(I) Five members of the committee shall be from the senate, three appointed
by the president of the senate and two appointed by the minority party leader; and
(II) Five members of the committee shall be from the house of
representatives, appointed by the speaker of the house of representatives after consultation with the minority leader of the house of representatives.
(b) At least four members of the committee shall either:
(I) Reside in that portion of the state that is west of the continental divide; or
(II) Represent a legislative district the majority of the population of which
lies west of the continental divide.
(c) To the extent possible, the members shall be selected so as to achieve
representation from each water division as defined in section 37-92-201.
(d) (I) Except as provided in subparagraph (II) of this paragraph (d), members'
terms shall extend from January 1 of an odd-numbered year to December 31 of the following even-numbered year.
(II) The terms of the members appointed by the speaker of the house of
representatives, the president of the senate, and the minority leader of the senate and who are serving on March 22, 2007, shall be extended to and expire on or shall terminate on the convening date of the first regular session of the sixty-seventh general assembly. As soon as practicable after such convening date, the speaker, the president, and the minority leader of the senate shall appoint or reappoint members in the same manner as provided in paragraph (a) of this subsection (2). Thereafter, the terms of members appointed or reappointed by the speaker, the president, and the minority leader of the senate shall expire on the convening date of the first regular session of each general assembly, and all subsequent appointments and reappointments by the speaker, the president, and the minority leader of the senate shall be made as soon as practicable after such convening date. The person making the original appointment or reappointment shall fill any vacancy by appointment for the remainder of an unexpired term. Members shall serve at the pleasure of the appointing authority and shall continue in office until the member's successor is appointed.
(3) The president of the senate and the speaker of the house of
representatives shall coordinate their appointments to the extent practicable.
(4) Members of the committee shall serve without compensation; except
that each member shall receive the sums specified in section 2-2-307 (3)(a) and (3)(b), C.R.S., for attendance at meetings of the committee when the general assembly is in recess for more than three days or is not in session.
(5) During odd-numbered years, the president of the senate shall appoint the
chair and the speaker of the house of representatives shall appoint the vice-chair, and during even-numbered years, the speaker of the house of representatives shall appoint the chair and the president of the senate shall appoint the vice-chair.
(6) (Deleted by amendment, L. 2002, p. 1099, � 1, effective June 3, 2002.)
Source: L. 2001: Entire article added, p. 726, � 1, effective July 1. L. 2002: (1),
(2)(b), and (6) amended, p. 1099, � 1, effective June 3. L. 2003: (1) and (5) amended, p. 718, � 2, effective March 20. L. 2004: (2)(d) added, p. 162, � 1, effective March 17. L. 2007: (2)(d) amended, p. 190, � 28, effective March 22. L. 2010: (1)(a) amended, (SB 10-213), ch. 375, p. 1764, � 11, effective June 7. L. 2020: (1)(a) amended, (SB 20-214), ch. 200, p. 983, � 10, effective June 30. L. 2022: (1)(a)(I) amended, (SB 22-030), ch. 59, p. 268, � 2, effective August 10. L. 2023: (1)(a)(I) amended, (SB 23-010), ch. 14, p. 41, � 2, effective August 7. L. 2025: (1)(a)(I) amended, (SB 25-275), ch. 377, p. 2101, � 303, effective August 6.
Editor's note: Subsection (1)(a)(II)(B) provided for the repeal of subsection
(1)(a)(II), effective July 1, 2021. (See L. 2020, p. 983.)
C.R.S. § 37-99-102
37-99-102. Definitions. As used in this article 99, unless the context otherwise requires:
(1) (a) Applicable property means:
(I) Commercial, institutional, or industrial property;
(II) Common interest community property;
(III) A street right-of-way, parking lot, median, or transportation corridor; or
(IV) Applicable residential real property.
(b) Repealed.
(1.5) Applicable residential real property means a multifamily residential
housing premises property that includes more than twelve dwelling units.
(2) Artificial turf means an installation of synthetic materials developed to
resemble natural grass.
(3) Commercial, institutional, or industrial has the meaning set forth in
section 37-60-135 (2)(b).
(4) Common interest community has the meaning set forth in section 38-33.3-103 (8).
(5) Common interest community property means property within a common
interest community that is owned and maintained by a unit owners' association, such as entryways, parks, and other common elements as defined in section 38-33.3-103 (5).
(6) Department means the department of personnel created in section 24-1-128 (1).
(6.5) Functional artificial turf means artificial turf that is:
(a) Located in a recreational use area or other space that is regularly used
for civic, community, or recreational purposes, which may include a playground, a sports field, a picnic ground, an amphitheater, a portion of a park, and the playing area of a golf course, such as a driving range, chipping and putting green, tee box, green, fairway, and rough; or
(b) A component of a product designed and approved by a professional
engineer for civil infrastructure projects, including but not limited to:
(I) Covers for solid waste facilities and brownfield sites; and
(II) Revetments for slopes, channels, levees, and dams.
(7) Functional turf means turf that is located in a recreational use area or
other space that is regularly used for civic, community, or recreational purposes, which may include a playground, a sports field, a picnic ground, an amphitheater, a portion of a park, and the playing area of a golf course, such as a driving range, chipping and putting green, tee box, green, fairway, and rough.
(8) Invasive plant species has the meaning set forth in section 37-60-135
(2)(e).
(9) Local entity means a:
(a) Home rule or statutory city, county, city and county, territorial charter
city, or town;
(b) Special district; and
(c) Metropolitan district.
(10) Maintain or maintaining means an action to preserve the existing
state of nonfunctional turf, artificial turf, or an invasive plant species that has already been installed, planted, or placed.
(10.5) Multifamily residential housing premises property means common
interest property such as entryways, parks, and other common elements as defined in section 38-33.3-103 (5).
(11) Native plant means a plant species that is indigenous to the state of
Colorado.
(12) New development project means a new construction project that
requires a building or landscaping permit, plan check, or design review.
(12.5) Nonfunctional artificial turf means artificial turf that is not functional
artificial turf.
(13) (a) Nonfunctional turf means turf that is not functional turf.
(b) Nonfunctional turf includes turf located in a street right-of-way,
parking lot, median, or transportation corridor.
(c) Nonfunctional turf does not include turf that is designated to be part of
a water quality treatment solution required for compliance with federal, state, or local agency water quality permitting requirements that is not irrigated and does not have herbicides applied.
(14) Redevelopment project means a construction project that:
(a) Requires a building or landscaping permit, plan check, or design review;
and
(b) Results in a disturbance of more than fifty percent of the aggregate
landscape area.
(14.5) Residential real property has the meaning set forth in section 39-1-102 (14.5).
(15) Special district has the meaning set forth in section 32-1-103 (20).
(16) Transportation corridor means a transportation system that includes
all modes and facilities within a described geographic area, having length and width.
(17) Turf means continuous plant coverage consisting of nonnative grasses
or grasses that have not been hybridized for arid conditions and which, when regularly mowed, form a dense growth of leaf blades and roots.
(18) Unit owners' association has the meaning set forth in section 38-33.3-103 (3).
(18.5) Urban tree means a perennial woody plant with a single or multiple
trunks that support a canopy of branches and leaves and that provides ecological, social, and economic benefits within a built environment.
(19) Water-wise landscaping has the meaning set forth in section 37-60-135 (2)(l).
Source: L. 2024: Entire article added, (SB 24-005), ch. 26, p. 79, � 1, effective
August 7. L. 2025: (1)(a)(II), (1)(a)(III), (7), and (17) amended, (1)(a)(IV), (1.5), (6.5), (10.5), (12.5), (14.5), and (18.5) added, and (1)(b) repealed, (HB 25-1113), ch. 221, p. 1014, � 2, effective August 6.
Cross references: For the legislative declaration in HB 25-1113, see section 1
of chapter 221, Session Laws of Colorado 2025.
C.R.S. § 38-22-101
38-22-101. Liens in favor of whom - when filed. (1) Every person who furnishes or supplies laborers, machinery, tools, or equipment in the prosecution of the work, and mechanics, materialmen, contractors, subcontractors, builders, and all persons of every class performing labor upon or furnishing directly to the owner or persons furnishing labor, laborers, or materials to be used in construction, alteration, improvement, addition to, or repair, either in whole or in part, of any building, mill, bridge, ditch, flume, aqueduct, reservoir, tunnel, fence, railroad, wagon road, tramway, or any other structure or improvement upon land, including adjacent curb, gutter, and sidewalk, and also architects, engineers, draftsmen, and artisans who have furnished designs, plans, plats, maps, specifications, drawings, estimates of cost, surveys, or superintendence, or who have rendered other professional or skilled service, or bestowed labor in whole or in part, describing or illustrating, or superintending such structure, or work done or to be done, or any part connected therewith, shall have a lien upon the property upon which they have furnished laborers or supplied machinery, tools, or equipment or rendered service or bestowed labor or for which they have furnished materials or mining or milling machinery or other fixtures, for the value of such laborers, machinery, tools, or equipment supplied, or services rendered or labor done or laborers or materials furnished, whether at the instance of the owner, or of any other person acting by the owner's authority or under the owner, as agent, contractor, or otherwise for the laborers, machinery, tools, or equipment supplied, or work or labor done or services rendered or laborers or materials furnished by each, respectively, whether supplied or done or furnished or rendered at the instance of the owner of the building or other improvement, or the owner's agent; and every contractor, architect, engineer, subcontractor, builder, agent, or other person having charge of the construction, alteration, addition to, or repair, either in whole or in part, of said building or other improvement shall be held to be the agent of the owner for the purposes of this article.
(2) In case of a contract for the work, between the reputed owner and a
contractor, the lien shall extend to the entire contract price, and such contract shall operate as a lien in favor of all persons performing labor or services or furnishing laborers or materials under contract, express or implied, with said contractor, to the extent of the whole contract price; and after all such liens are satisfied, then as a lien for any balance of such contract price in favor of the contractor.
(3) All such contracts shall be in writing when the amount to be paid
thereunder exceeds five hundred dollars, and shall be subscribed by the parties thereto. The contract, or a memorandum thereof, setting forth the names of all the parties to the contract, a description of the property to be affected thereby, together with a statement of the general character of the work to be done, the estimated total amount to be paid thereunder, together with the times or stages of the work for making payments, shall be filed by the owner or reputed owner, in the office of the county clerk and recorder of the county where the property, or the principal portion thereof, is situated before the work is commenced under and in accordance with the terms of the contract. In case such contract, or a memorandum thereof, is not so filed, the labor done and materials furnished by all persons shall be deemed to have been done and furnished at the personal instance of the owner, and such persons shall have a lien for the value thereof.
(4) For the purposes of this article, the value of labor done shall include, but
not be limited to, the payments required under any labor contract to any trust established for the provision of any pension, profit-sharing, vacation, health and welfare, prepaid legal services, or apprentice training benefits for the use of the employees of any contractors, and the trustee of any such trust shall have a lien therefor.
(5) All claimants who establish the right to a lien or claim under any of the
provisions of this article shall be entitled to receive interest on any such lien or claim at the rate provided for under the terms of any contract or agreement under which the laborers were furnished or the labor or material was supplied or, in the absence of an agreed rate, at the rate of twelve percent per annum.
(6) Repealed.
Source: L. 1899: p. 261, � 1. R.S. 08: � 4025. C.L. � 6442. CSA: C. 101, � 15.
CRS 53: � 86-3-1. C.R.S. 1963: � 86-3-1. L. 65: p. 849, � 1. L. 69: p. 692, � 1. L. 75: (4) and (5) added, p. 1422, � 1, effective October 1. L. 2000: (1), (2), and (5) amended and (6) added, p. 204, � 1, effective August 2. L. 2025: (6) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.
Editor's note: Subsection (6) was relocated to � 38-22-100.3 in 2025.
Cross references: For liens for surveyors and civil and mining engineers, see
� 38-22-121.
C.R.S. § 38-22-121
38-22-121. Liens of surveyors and engineers. The provisions of this article shall apply to surveyors, civil and mining engineers doing any work of surveying or plotting of any mines, mining claims, lodes, or mineral deposits, and they shall have like lien and claim as other persons under the provisions of this article.
Source: L. 1883: p. 227, � 8. G.S. � 2138. R.S. 08: � 4045. C.L. � 6462. CSA: C.
101, � 35. CRS 53: � 86-3-21. C.R.S. 1963: � 86-3-21.
C.R.S. § 38-5-109
38-5-109. Utility relocation clearance letter - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Clearance letter means a written agreement between a local
government proposing a road improvement project and a utility company, in which the utility company and the local government mutually establish the scope, conditions, and schedule for the utility relocation required for the road improvement project.
(b) Force majeure means fire, explosion, floods, action of the elements,
strike, labor disputes, interruption of transportation, rationing, shortage of equipment or materials, court action, illegality, unusually severe weather, act of God, act of war or terrorism, epidemics or pandemics, quarantines, seasonal limitations on utility operations, or any other cause that is beyond the reasonable control of the entity performing the utility relocation.
(c) Hazardous material means any substance, pollutant, contaminant,
chemical, material, or waste, or any soil or water contaminated with such hazardous material, that is:
(I) Included in the definition of hazardous substance, hazardous waste, toxic
substance, hazardous pollutant, toxic pollutant, nonhazardous waste, or universal waste, as regulated by any applicable environmental law; or
(II) Toxic, explosive, corrosive, flammable, ignitable, infectious, radioactive,
carcinogenic, mutagenic, or that otherwise poses a hazard to living things or the environment.
(d) Local government means a statutory or home rule county, city and
county, municipality, or town, excluding a local government that has granted a franchise to a utility company pursuant to section 31-32-101 or article XX of the state constitution.
(e) Plans and specifications means the plans, drawings, and specifications
designed and engineered by a local government or its contractor, which are necessary to complete the road improvement project in accordance with applicable laws, rules, and regulations.
(f) Private project relocation means any construction or reconstruction
project for the adjustment, expansion, or realignment of a public roadway or public right-of-way that:
(I) Requires the removal, relocation, or alteration of utility facilities;
(II) Is necessary to facilitate the development of private property; and
(III) Is required by reason of a local government zoning, approval, or other
land use regulation permitting requirement.
(g) Prompt performance means acting in good faith and making all
reasonable efforts to perform the specific actions and obligations set forth in a clearance letter, except as may be excused by subsequent agreement between the utility company and the local government to which the clearance letter applies.
(h) Public roadway means property controlled by a local government that is
acquired, dedicated, or reserved for the construction, operation, and maintenance of a street or public highway and that is open to public travel or any other public highway established by law.
(i) (I) Road improvement project means any construction or reconstruction
project for the adjustment, expansion, or realignment of a public roadway or public right-of-way, including but not limited to maintenance, replacement, bridge, culvert, or traffic signal projects.
(II) Road improvement project does not include a project on, along, or in a
public or state highway or roadway under the control of the Colorado department of transportation unless a local government performs the construction or reconstruction as part of a project under the direction of the local government and pursuant to an agreement with the Colorado department of transportation.
(j) Utility company means an investor-owned electric or gas utility
company with more than two hundred fifty thousand retail customers.
(j.5) Utility company betterment means any upgrade of the utility facilities
being relocated that is not attributable to the road improvement project and that is made solely for the benefit and at the election of the affected utility company.
(k) Utility conflict means circumstances in which a proposed road
improvement project brings utility facilities out of compliance with regulatory agency standards or existing utility facilities preclude or hinder the construction of a road improvement project.
(l) Utility facilities means any lines of electric light or wire, power, or
pipeline of a utility company and any related support structures, attachments, appurtenances, equipment, valves, cable, or conduit for the lines, wires, or pipelines. Utility facilities include both those above and below ground.
(m) Utility relocation or relocation of utility facilities means the removal,
relocation, or alteration of utility facilities necessary to resolve a utility conflict caused by a road improvement project funded in full or in part by a local government or with state, federal, or other public money; except that utility relocation does not include a private project relocation.
(2) (a) If a local government engages in or proposes to engage in a road
improvement project that may require the relocation of utility facilities due to a utility conflict, the local government shall:
(I) Notify the notification association, created in section 9-1.5-105 (1), with an
engineering or subsurface utility engineering notification to identify each utility company that has utility facilities in the area of the road improvement project; and
(II) Electronically notify in writing each utility company identified pursuant to
subsection (2)(a)(I) of this section. The notice provided must follow the requirements of subsection (2)(b) of this section.
(b) The notice required by subsection (2)(a)(II) of this section must include
the following information:
(I) An explanation of the proposed design of the road improvement project,
including information on funding;
(II) Any potential utility conflict that may be created by the road
improvement project;
(III) The estimated timeline and duration of the road improvement project;
(IV) The estimated time frame in which the utility relocation should be
completed;
(V) The federal identifying project number, if applicable; and
(VI) Whether the utility company may qualify for assistance to offset
expenses incurred in relocating its utility facilities to accommodate the proposed road improvement project.
(c) The local government shall give the notice required by subsection
(2)(a)(II) of this section to the utility company as early as practicable and:
(I) Within fifteen calendar days of the approval of the preliminary design of
the road improvement project; and
(II) At least forty-five calendar days before the invitation to bid for
construction of the road improvement project.
(d) The utility company to which the notice required by subsection (2)(a)(II) of
this section is directed shall acknowledge receipt of the notice.
(e) If there is a change in the scope of a road improvement project or the
plans and specifications that affects the utility facilities and the utility company's ability to reasonably meet its obligations for the utility relocation in accordance with the schedule established for the road improvement project, a local government shall:
(I) Give each affected utility company a new written notice that includes all
applicable information in subsection (2)(b) of this section; and
(II) Coordinate with the affected utility company and third-party contractor,
as applicable, to amend any clearance letter as necessary to reflect mutually agreed upon changes to the original commitments in the letter, including reasonable schedule adjustments, if an executed clearance letter covering the utility relocation exists.
(f) (I) If utility facilities were not previously identified and result in a newly
discovered utility conflict, the local government, the affected utility company, and the third-party contractor, as applicable, shall confer within forty-eight hours of discovery to determine appropriate relocation procedures.
(II) Within ten business days of the discovery of the utility conflict, the local
government and the affected utility company shall negotiate a clearance letter pursuant to subsection (3) of this section.
(3) (a) To facilitate a utility relocation, a local government and an affected
utility company shall negotiate in good faith and shall enter into a mutually agreeable clearance letter.
(b) The clearance letter must include:
(I) An acknowledgment by the local government and the utility company that
a utility conflict exists;
(II) The scope of the utility relocation, including the extent of the utility
facilities needing to be relocated as evidenced by the plans and specifications;
(III) Whether the utility relocation will be performed by the utility company or
by a third-party contractor agreed to by the utility company;
(IV) Requirements for coordination among the local government, the utility
company, and any third-party contractor throughout the road improvement project and utility relocation, including throughout any prerequisite work that needs to occur before the utility relocation;
(V) Which entity is responsible for traffic management during the utility
relocation;
(VI) The number of days of notice that the local government must give to the
utility company ahead of the date by which the utility relocation must be started in order to adhere to the road improvement project schedule;
(VII) An estimated schedule for the performance of the utility relocation,
including the duration of the utility relocation;
(VIII) A requirement of prompt performance of the utility relocation by the
utility company if the utility company is performing the utility relocation or by the third-party contractor agreed to by the utility company to perform the utility relocation, except when performance is excused due to force majeure, the discovery of hazardous material in the public roadway, or a change in the scope or agreed-to schedule of a road improvement project or the plans and specifications that affects the utility facilities;
(IX) A requirement of payment by the utility company for actual damages
caused by the utility company's delay in the performance of the utility relocation or interference with the performance of the utility relocation by any contractor not hired by the utility company; except that delay or interference caused by the following will not be charged to the utility company:
(A) A force majeure;
(B) The discovery of hazardous material in the public roadway; or
(C) A change in the scope or agreed-to schedule of a road improvement
project or the plans and specifications that affects the utility facilities and the utility company's ability to perform the relocation work as established in the clearance letter;
(X) A requirement that the local government, at its sole cost, survey and
stake the location where the utility facilities will be located prior to the beginning of the utility relocation, and that the cost of any required re-staking due to the actions of a utility company or its contractor be paid by the utility company;
(XI) A requirement that, upon the discovery of hazardous material in a public
roadway in connection with utility relocation, the utility relocation work cease until the local government takes necessary steps to provide a utility corridor free from hazardous material, and that the local government is responsible for the management, transportation, and disposal of any soil from the public right-of-way contaminated with hazardous material;
(XII) A requirement that all design and construction of the utility relocation
are subject to review and approval by engineers for the local government and for the utility company; and
(XIII) A dispute resolution provision that includes mechanisms for notice of a
failure to perform in accordance with the clearance letter and for a reasonable opportunity to cure.
(c) The clearance letter may allow for utility company betterment at the
expense of the utility company; except that any utility company betterment must not materially delay the utility relocation.
(4) (a) Upon being provided written documentation of the horizontal and
vertical locations of the relocated utility facilities and a statement by the utility company or its contractor that the utility facilities are relocated in accordance with the approved utility relocation plans, a local government shall complete its review of the completed utility relocation and provide a written determination of whether it accepts or rejects the completed utility relocation within fourteen calendar days of completion of the relocation or receipt of the documentation indicating the location of the relocated utility facilities from the utility company, whichever is later.
(b) If the local government accepts the utility relocation, the local
government shall provide its written acceptance of the utility relocation to the utility company.
(c) (I) If the local government rejects the utility relocation, the local
government shall provide its written rejection and reasoning to the utility company.
(II) The utility company shall promptly make the necessary changes to the
utility relocation identified in the written rejection to conform with the plans and specifications identified in the clearance letter. The utility company is responsible for payment of actual damages caused by any delay in the road improvement project schedule as a result of the necessary changes to the utility relocation to bring the relocation into compliance with the plans and specifications identified in the clearance letter.
(d) If the local government fails to timely provide the written determination
required by subsection (4)(a) of this section, the utility relocation is deemed accepted.
(e) A utility company shall not be required to pay for relocation of previously
relocated utility facilities within two years following the acceptance of the previous utility relocation by the local government pursuant to this subsection (4), except in the event of an emergency.
(5) A local government may, after opportunity for relief between the local
government and the utility company pursuant to the dispute resolution process outlined in the clearance letter, withhold issuance of a permit for the location or installation of other utility facilities in a public roadway to a utility company until the dispute is resolved, which may include payment to the local government for any actual damages caused by the utility company's delay in the performance of a utility relocation.
(6) When necessary and feasible and after mutual agreement with an
affected utility company, a local government may obtain additional public rights-of-way or easements to accommodate a utility relocation. The local government is responsible for the cost of obtaining any additional right-of-way unless the additional right-of-way is only needed to accommodate a utility company betterment and is not required for a road improvement project.
(7) A local government and an affected utility company shall make
arrangements for funding any utility relocation as specified in any easements, licenses, or other property interests or rights of use held by the local government or the utility company. The recovery of underground utility locate costs, as incurred by the utility company, must occur through appropriate rate adjustment clauses.
(8) No party other than the owner of the utility facilities may relocate utility
facilities without the express consent of the affected utility company.
(9) Nothing in this section:
(a) Alters or diminishes the authority of a local government to lawfully
exercise its police powers with respect to the relocation of utility facilities within the local government boundaries;
(b) Alters existing property agreements, licenses, franchise agreements, or
other vested interests of a local government or a utility company established in the existing property agreement, license, franchise agreement, or other vested interest, including the obligation to pay for utility relocation;
(c) Alters the terms of any franchise or license granted pursuant to section
31-32-101 or article XX of the state constitution;
(d) Alters or diminishes the local government's ability to recover costs or
damages from any party responsible for hazardous material discovered in a public roadway;
(e) Alters or diminishes the utility company's ability to recover costs or
damages resulting from the discovery of hazardous material, previously unidentified utility conflicts, or the acts or omissions of a third party;
(f) Alters any common law of the state allocating the cost of utility
relocation within a public right-of-way; or
(g) Prevents a local government from pursuing alternative arrangements for
road improvement projects, in which case subsections (2) to (8) of this section do not apply.
Source: L. 2024: Entire section added, (HB 24-1266), ch. 336, p. 2276, � 2,
effective August 7. L. 2025: (1)(j.5) added and (3)(c) amended, (SB 25-204), ch. 201, p. 907, � 1, effective August 6.
Cross references: For the legislative declaration in HB 24-1266, see section 1
of chapter 336, Session Laws of Colorado 2024.
ARTICLE 5.5
Rights-of-way: Telecommunications Providers
Law reviews: For article, S.B. 10: Access to Public Rights-of-Way for
Telecommunications Providers, see 25 Colo. Law. 89 (Sept. 1996); for article, Rights-of-Way Regulating Authority After Denver v. Qwest, see 30 Colo. Law. 103 (July 2001).
38-5.5-101. Legislative declaration. (1) The general assembly hereby finds,
determines, and declares that:
(a) The passage of House Bill 95-1335, enacted at the first regular session of
the sixtieth general assembly, established a policy within the state to encourage competition among the various telecommunications providers, to reduce the barriers to entry for those providers, to authorize and encourage competition within the local exchange telecommunications market, and to ensure that all consumers benefit from such competition and expansion.
(b) The stated goals of House Bill 95-1335 were that all citizens have access
to a wider range of telecommunications services at rates that are reasonably comparable within the state, that basic service be available and affordable to all citizens, and that universal access to advanced telecommunications services would be available to all consumers. Such goals are essential to the economic and social well-being of the citizens of Colorado and can be accomplished only if telecommunications providers are allowed to develop ubiquitous, seamless, statewide telecommunications networks. To require telecommunications companies to seek authority from every political subdivision within the state to conduct business is unreasonable, impractical, and unduly burdensome. In addition, the general assembly further finds and declares that since the public rights-of-way are dedicated to and held on a nonproprietary basis in trust for the use of the public, their use by telecommunications companies is consistent with such policy and appropriate for the public good.
(2) The general assembly further finds, determines, and declares that
nothing in this article shall be construed to alter or diminish the authority of political subdivisions of the state to lawfully exercise their police powers with respect to activities of telecommunications providers within their boundaries, and, subject to such reservation of authority, that:
(a) The construction, maintenance, operation, oversight, and regulation of
telecommunications providers and their facilities is a matter of statewide concern and interest;
(b) Telecommunications providers operating under the authority of the
federal communications commission or the Colorado public utilities commission pursuant to article 15 of title 40, C.R.S., require no additional authorization or franchise by any municipality or other political subdivision of the state to conduct business within a given geographic area and that no such political subdivision has jurisdiction to regulate telecommunications providers based upon the content, nature, or type of telecommunications service or signal they provide except to the extent granted by federal or state legislation;
(c) Telecommunications providers have a right to occupy and utilize the
public rights-of-way for the efficient conduct of their business;
(d) Access to rights-of-way and oversight of that access must be
competitively neutral, and no telecommunications provider should enjoy any competitive advantage or suffer a competitive disadvantage by virtue of a selective or discriminatory exercise of the police power by a local government.
Source: L. 96: Entire article added, p. 298, � 1, effective April 12.
38-5.5-102. Definitions. As used in this article 5.5, unless the context
otherwise requires:
(1) Broadband or broadband service has the same meaning as set forth in
7 U.S.C. sec. 950bb (b)(1) as of August 6, 2014, and includes cable service, as defined in 47 U.S.C. sec. 522 (6) as of August 6, 2014.
(2) Broadband facility means any infrastructure used to deliver broadband
service or for the provision of broadband service.
(3) Broadband provider means a person that provides broadband service,
and includes a cable operator, as defined in 47 U.S.C. sec. 522 (5) as of August 6, 2014.
(4) Collocation has the same meaning as set forth in section 29-27-402 (3).
(5) Political subdivision or local government entity means a county; city
and county; city; town; service authority; school district; local improvement district; law enforcement authority; water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district; or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.
(6) Public highway or highway for purposes of this article 5.5 includes all
roads, streets, and alleys and all other dedicated rights-of-way and utility easements of the state or any of its political subdivisions, whether located within the boundaries of a political subdivision or otherwise.
(7) Small cell facility has the same meaning as set forth in section 29-27-402 (4).
(8) Small cell network has the same meaning as set forth in section 29-27-402 (5).
(9) Telecommunications provider means a person that provides
telecommunications service, as defined in section 40-15-102 (29), with the exception of cable services as defined by section 602 (5) of the federal Cable Communications Policy Act of 1984, 47 U.S.C. sec. 522 (6), pursuant to authority granted by the public utilities commission of this state or by the federal communications commission. Telecommunications provider does not mean a person or business using antennas, support towers, equipment, and buildings used to transmit high power over-the-air broadcast of AM and FM radio, VHF and UHF television, and advanced television services, including high definition television. The term telecommunications provider is synonymous with telecommunication provider.
Source: L. 96: Entire article added, p. 299, � 1, effective April 12. L. 2014: (1)
amended and (1.2), (1.3), and (1.7) added, (HB 14-1327), ch. 149, p. 507, � 3, effective August 6. L. 2017: Entire section amended, (HB 17-1193), ch. 143, p. 476, � 5, effective July 1.
Editor's note: Section 602(5) of the federal Cable Communications Policy
Act of 1984 referenced in subsection (9) was repealed October 25, 1994.
Cross references: For the short title (Broadband Deployment Act) in HB 14-1327, see section 1 of chapter 149, Session Laws of Colorado 2014.
38-5.5-103. Use of public highways - discrimination prohibited - content
regulation prohibited. (1) (a) Any domestic or foreign telecommunications provider or broadband provider authorized to do business under the laws of this state has the right to construct, maintain, and operate conduit, cable, switches, and related appurtenances and facilities, and communications and broadband facilities, including small cell facilities and small cell networks, along, across, upon, above, and under any public highway in this state, subject to this article 5.5 and article 1.5 of title 9.
(b) The construction, maintenance, operation, and regulation of the facilities
described in subsection (1)(a) of this section, including the right to occupy and utilize the public rights-of-way, by telecommunications providers and broadband providers are matters of statewide concern. The facilities shall be constructed and maintained so as not to obstruct or hinder the usual travel on a highway.
(2) A political subdivision shall not discriminate among or grant a preference
to competing telecommunications providers or broadband providers in the issuance of permits or the passage of any ordinance for the use of its rights-of-way, nor create or erect any unreasonable requirements for entry to the rights-of-way for the providers.
(3) A political subdivision shall not regulate a telecommunications provider
or a broadband provider based upon the content or type of signals that are carried or capable of being carried over the provider's facilities; except that nothing in this subsection (3) prevents regulation by a political subdivision when the authority to regulate has been granted to the political subdivision under federal law.
Source: L. 96: Entire article added, p. 300, � 1, effective April 12. L. 2014: (1)
amended, (HB 14-1327), ch. 149, p. 507, � 4, effective August 6. L. 2017: Entire section amended, (HB 17-1193), ch. 143, p. 477, � 6, effective July 1.
Cross references: For the short title (Broadband Deployment Act) in HB 14-1327, see section 1 of chapter 149, Session Laws of Colorado 2014.
38-5.5-104. Right-of-way across state land. Any domestic or foreign
telecommunications provider or broadband provider authorized to do business under the laws of this state has the right to construct, maintain, and operate lines of communication, switches, and related facilities, and communications and broadband facilities, including small cell facilities and small cell networks, and obtain a permanent right-of-way for the facilities over, upon, under, and across all public lands owned by or under the control of the state, upon the payment of just compensation and upon compliance with reasonable conditions as the state board of land commissioners may require.
Source: L. 96: Entire article added, p. 300, � 1, effective April 12. L. 2017:
Entire section amended, (HB 17-1193), ch. 143, p. 478, � 7, effective July 1.
38-5.5-104.5. Use of local government entity structures. (1) [Editor's note:
This version of subsection (1) is effective until January 1, 2026.] Except as provided in subsection (2) of this section and subject to the requirements and limitations of this article 5.5, sections 29-27-403 and 29-27-404, and a local government entity's police powers, a telecommunications provider or a broadband provider has the right to locate or collocate small cell facilities or small cell networks on the light poles, light standards, traffic signals, or utility poles in the rights-of-way owned by the local government entity; except that, a small cell facility or a small cell network shall not be located or mounted on any apparatus, pole, or signal with tolling collection or enforcement equipment attached.
(1) [Editor's note: This version of subsection (1) is effective January 1, 2026.]
Except as provided in subsection (2) of this section and subject to the requirements and limitations of this article 5.5, part 4 of article 27 of title 29, and a local government entity's police powers, a telecommunications provider or a broadband provider has the right to locate or collocate small cell facilities or small cell networks on the light poles, light standards, traffic signals, or utility poles in the rights-of-way owned by the local government entity; except that, a small cell facility or a small cell network shall not be located or mounted on any apparatus, pole, or signal with tolling collection or enforcement equipment attached.
(2) If, at any time, the construction, installation, operation, or maintenance of
a small cell facility on a local government entity's light pole, light standard, traffic signal, or utility pole fails to comply with applicable law, the local government entity, by providing the telecommunications provider or the broadband provider notice and a reasonable opportunity to cure the noncompliance, may:
(a) Cause the attachment on the affected structure to be removed; and
(b) Prohibit future, noncompliant use of the light pole, light standard, traffic
signal, or utility pole.
(3) (a) Except as provided in subsections (3)(b) and (3)(c) of this section, a
local government entity shall not impose any fee or require any application or permit for the installation, placement, operation, maintenance, or replacement of micro wireless facilities that are suspended on cable operator-owned cables or lines that are strung between existing utility poles in compliance with national safety codes.
(b) A local government entity with a municipal or county code that requires
an application or permit for the installation of micro wireless facilities may, but is not required to, continue the application or permit requirement subsequent to July 1, 2017.
(c) A local government entity may require a single-use right-of-way permit if
the installation, placement, operation, maintenance, or replacement of micro wireless facilities:
(I) Involves working within a highway travel lane or requires the closure of a
highway travel lane;
(II) Disturbs the pavement or a shoulder, roadway, or ditch line;
(III) Includes placement on limited access rights-of-way; or
(IV) Requires any specific precautions to ensure the safety of the traveling
public; the protection of public infrastructure; or the operation of public infrastructure; and such activities either were not authorized in, or will be conducted in a time, place, or manner that is inconsistent with, the approval terms of the existing permit for the facility or structure upon which the micro wireless facility is attached.
Source: L. 2017: Entire section added, (HB 17-1193), ch. 143, p. 478, � 8,
effective July 1. L. 2025: (1) amended, (HB 25-1056), ch. 434, p. 2509, � 5, effective January 1, 2026.
Editor's note: Section 6 of chapter 434 (HB 25-1056), Session Laws of
Colorado 2025, provides that the act changing this section applies to applications filed on or after January 1, 2026.
38-5.5-105. Power of companies to contract. Any domestic or foreign
telecommunications provider or broadband provider has the power to contract with any individual; corporation; or the owner of any lands, franchise, easement, or interest therein over or under which the provider's conduits; cable; switches; communications or broadband facilities, including small cell facilities and small cell networks; or related appurtenances and facilities are proposed to be laid or created for the right-of-way for the construction, maintenance, and operation of the facilities or for the erection, maintenance, occupation, and operation of offices at suitable distances for the public accommodation.
Source: L. 96: Entire article added, p. 301, � 1, effective April 12. L. 2017:
Entire section amended, (HB 17-1193), ch. 143, p. 479, � 9, effective July 1.
38-5.5-106. Consent necessary for use of streets. (1) (a) This article 5.5
does not authorize any telecommunications provider or broadband provider to erect, within a political subdivision, any poles or construct any communications or broadband facilities, including small cell facilities and small cell networks; conduit; cable; switch; or related appurtenances and facilities along, through, in, upon, under, or over any public highway without first obtaining the consent of the authorities having power to give the consent of the political subdivision.
(b) A telecommunications provider or broadband provider that, on or before
July 1, 2017, either has obtained consent of the political subdivision having power to give consent or is lawfully occupying a public highway in a political subdivision need not apply for additional or continued consent of the political subdivision under this section.
(c) Notwithstanding any other provision of law, a political subdivision's
consent given to a telecommunications provider or a broadband provider to erect or construct any poles, or to locate or collocate communications and broadband facilities on vertical structures in a right-of-way, does not extend to the location of new facilities or to the erection or construction of new poles in a right-of-way not specifically referenced in the grant of consent.
(2) (a) The consent of a political subdivision for the use of a public highway
within its jurisdiction shall be based upon a lawful exercise of its police power and shall not be unreasonably withheld.
(b) A political subdivision shall not create any preference or disadvantage
through the granting or withholding of its consent. A political subdivision's decision that a vertical structure in the right-of-way, including a vertical structure owned by a municipality, lacks space or load capacity for communications or broadband facilities, or that the number of additional vertical structures in the rights-of-way should be reasonably limited, consistent with protection of public health, safety, and welfare, does not create a preference for or disadvantage any telecommunications provider or broadband provider, provided that such decision does not have the effect of prohibiting a provider's ability to provide service within the service area of the proposed facility.
Source: L. 96: Entire article added, p. 301, � 1, effective April 12. L. 2017:
Entire section amended, (HB 17-1193), ch. 143, p. 480, � 10, effective July 1.
38-5.5-107. Permissible taxes, fees, and charges. (1) (a) No political
subdivision shall levy a tax, fee, or charge for any right or privilege of engaging in a business or for use of a public highway other than:
(I) A license fee or tax authorized under section 31-15-501 (1)(c), C.R.S., or
article XX of the state constitution; and
(II) A street or public highway construction permit fee, to the extent that
such permit fee applies to all persons seeking a construction permit.
(b) All fees and charges levied by a political subdivision shall be reasonably
related to the costs directly incurred by the political subdivision in providing services relating to the granting or administration of permits. Such fees and charges also shall be reasonably related in time to the occurrence of such costs. In any controversy concerning the appropriateness of a fee or charge, the political subdivision shall have the burden of proving that the fee or charge is reasonably related to the direct costs incurred by the political subdivision. All costs of construction shall be borne by the telecommunications provider or broadband provider.
(2) (a) Any tax, fee, or charge imposed by a political subdivision shall be
competitively neutral among telecommunications providers and broadband providers.
(b) Nothing in this article or in article 32 of title 31, C.R.S., shall invalidate a
tax or fee imposed if such tax or fee cannot legally be imposed upon another telecommunications provider, broadband provider, or service because of the requirements of state or federal law or because such other provider is exempt from taxation or lacks a taxable nexus with the political subdivision imposing the tax or fee.
(c) If a political subdivision imposes a tax on a telecommunications provider
or broadband provider and such tax does not apply to other providers of comparable telecommunications services or broadband services due to the language of the ordinance or resolution that imposes the tax, then the governing body of the political subdivision shall take one of the following two courses of action:
(I) If it can do so without violating the election requirements of section 20 of
article X of the state constitution, the governing body shall amend the ordinance or resolution that imposes the tax so as to extend the tax to providers of comparable telecommunications services or broadband services; or
(II) If an election is required under section 20 of article X of the state
constitution, the governing body shall cause an election to be held in accordance with said section 20 to authorize the extension of the tax to providers of comparable telecommunications services or broadband services. If the extension of the tax is not approved by the voters at such election, then the existing tax shall no longer apply to the providers that had been subject to the tax immediately before the election.
(3) Taxes, fees, and charges imposed shall not be collected through the
provision of in-kind services by telecommunications providers or broadband providers, nor shall any political subdivision require the provision of in-kind services as a condition of consent to use a highway.
(4) The terms of all agreements between political subdivisions and
telecommunications providers or broadband providers regarding use of highways shall be matters of public record and shall be made available upon request pursuant to article 72 of title 24, C.R.S.
(5) Nothing in this section affects the manner in which the property tax
administrator values a public utility under article 4 of title 39, C.R.S.
(6) Nothing in this article affects the ability of a political subdivision to
require and grant a cable franchise to a cable operator seeking to provide cable television service within the political subdivision and to obtain any consideration or impose any conditions in a cable franchise, unless otherwise prohibited by federal law.
(7) As used in this section, public highway or highway as otherwise
defined in section 38-5.5-102 (6) does not include excess and remainder rights-of-way under the department of transportation's jurisdiction.
Source: L. 96: Entire article added, p. 301, � 1, effective April 12. L. 2014:
(1)(b), (2), (3), and (4) amended and (5), (6), and (7) added, (HB 14-1327), ch. 149, p. 507, � 5, effective August 6. L. 2017: (7) amended, (HB 17-1193), ch. 143, p. 480, � 11, effective July 1.
Cross references: For the short title (Broadband Deployment Act) in HB 14-1327, see section 1 of chapter 149, Session Laws of Colorado 2014.
38-5.5-108. Pole attachment agreements - limitations on required
payments. (1) Neither a local government entity nor a municipally owned utility shall request or receive from a telecommunications provider, broadband provider, or cable television provider, as defined in section 602 (5) of the federal Cable Communications Policy Act of 1984, in exchange for permission to attach small cell facilities, broadband devices, or telecommunications devices to poles or structures in a right-of-way, any payment in excess of the amount that would be authorized if the local government entity or municipally owned utility were regulated pursuant to 47 U.S.C. sec. 224, as amended.
(2) A municipality shall not request or receive from a telecommunications
provider or a broadband provider, in exchange for or as a condition upon a grant of permission to attach telecommunications or broadband devices to poles, any in-kind payment.
Source: L. 96: Entire article added, p. 302, � 1, effective April 12. L. 2017:
Entire section amended, (HB 17-1193), ch. 143, p. 481, � 12, effective July 1.
Editor's note: Section 602(5) of the federal Cable Communications Policy
Act of 1984 referenced in subsection (1) was repealed October 25, 1994.
38-5.5-109. Notice of trenching - permitted access. (1) (a) The state or a
political subdivision shall provide notice on a competitively neutral basis to broadband providers of any utility trenching project that it conducts, but notice is not required for emergency repair projects. The state or political subdivision shall provide the notice a minimum of ten business days prior to the start of the project involving trenching.
(b) The department of transportation shall maintain a public list of all
broadband providers that would like to receive notice of a utility trenching project and the providers' addresses on the website it maintains. To be eligible to receive notice under paragraph (a) of this subsection (1), a broadband provider must request the department of transportation to be included in the department list. A political subdivision may rely on the department list when making its notifications, and such notifications may be made by electronic mail.
(2) (a) For any trenching project conducted by the state or a political
subdivision, the state or political subdivision shall allow joint trenching by broadband providers on a nonexclusive and nondiscriminatory basis for the placement of broadband facilities, except as set forth in paragraph (b) of this subsection (2). This subsection (2) does not limit the ability of the state, political subdivision, or any private entity to share the costs of construction related to the trenching project with the broadband provider.
(b) The state or a political subdivision may deny joint trenching by broadband
providers if the joint trenching will hinder or obstruct highway safety or the construction, maintenance, operations, or related regulation of highway facilities or if it is not feasible because it will delay the repair or construction of a political subdivision's water, wastewater, electricity, or gas line or because collocation with a political subdivision's water, wastewater, electricity, or gas line will hinder or obstruct the maintenance or operations of a political subdivision's water, wastewater, electricity, or gas facilities.
(3) (a) Nothing in this section is intended to preempt or otherwise replace
requirements for joint trenching that may be imposed by a political subdivision.
(b) Nothing in this section requires a private entity undertaking a trenching
project to allow a broadband provider to participate in the trenching project.
(c) Any provision in this section that conflicts with federal law is
unenforceable.
(d) Nothing in this section shall be construed to prevent or delay
commencement or progress of a construction, maintenance, or trenching project.
(4) As used in this section, trenching means a construction project in which
a highway right-of-way surface is opened or removed for the purpose of laying or installing conduit, fiber, or similar infrastructure in excess of one mile in length. Trenching does not mean any other activity or project for the construction or maintenance, including drainage or culvert work, of a highway facility.
Source: L. 2014: Entire section added, (HB 14-1327), ch. 149, p. 509, � 6,
effective August 6.
Cross references: For the short title (Broadband Deployment Act) in HB 14-1327, see section 1 of chapter 149, Session Laws of Colorado 2014.
ARTICLE 6
Proceedings by Cities and Towns
PART 1
CONDEMNATION OF PROPERTY
C.R.S. § 38-50-101
38-50-101. Survey plat - records file and index system - informational purpose. (1) Survey plats required pursuant to section 38-51-107 and this section shall:
(a) Comply with section 38-51-106;
(b) Depending on the location of the land, contain the following information
in the title block:
(I) For parcels of land located within the United States rectangular survey
system, the section, township, range, and principal meridian; or
(II) For grants and unsurveyed parcels of land, information relating to the
system of indexing the county assessor already has in place;
(c) Within twelve months after the date the monument is accepted in the
field by a professional land surveyor performing a monumented land survey or is set by a professional land surveyor, be deposited with the public office designated by the county commissioners.
(2) (a) (I) The county commissioners of each county shall designate the
county surveyor to create and maintain a survey plat records file and index system for plats.
(II) If a county surveyor has not been elected or appointed or if the office is
vacant, another county official shall be designated to create and maintain such file and index system.
(III) If the county surveyor is unable to index in a timely manner, the county
surveyor may designate another county official to do such indexing.
(b) (I) Each plat deposited with the county shall be given a reception number
or a book and page number, or both, which shall be set forth on the plat.
(II) (A) Surveyed lands located within the United States rectangular survey
system shall be indexed by section, township, range, and principal meridian.
(B) Grant lands and unsurveyed lands shall be indexed by the system of
indexing the county assessor already has in place.
(III) Survey plats submitted for depositing shall be indexed in a timely
manner, but not more than ten working days after the date the survey plat is deposited.
(2.5) Each plat submitted to a county clerk and recorder must be submitted
in either an original or electronic format and:
(a) Must:
(I) Be submitted for recording;
(II) Have original signatures;
(III) Have all of the original seals;
(IV) Have at least ten-point type; and
(V) Not have any illegible images; and
(b) If submitted in an original format, must be printed on paper or a
dimensionally stable polyester sheet such as cronar or mylar or any other product of equal quality that:
(I) Is white and without water marks;
(II) Is heavy bonded paper;
(III) Has no staples or other binding; and
(IV) Has no impression seals; or
(c) If submitted in an electronic format, must have a minimum resolution of
three hundred dots per inch.
(3) (a) (Deleted by amendment, L. 2020.)
(b) The dimensions of each plat, submitted in an original or electronic format,
as specified by county requirements, shall be at least eighteen inches wide by twenty-four inches long and no more than twenty-four inches wide by thirty-six inches long with a minimum two-inch margin on the left side and a minimum of one-half inch margins at the top, bottom, and right side of the plat.
(c) Subject to approval by the board of county commissioners, a county may
make aperture cards or film-processed copies capable of legible reproduction from each plat as specified in subsection (2.5)(b) of this section for the purpose of recording.
(4) (a) The fee for depositing plats shall not exceed the amount of the fee
collected for the recording of subdivision plats established in section 30-1-103 (1).
(b) The fee for the county surveyor or, if a county surveyor has not been
elected or appointed or if the office is vacant, another county official to index and maintain the plats as designated by the county commissioners shall not exceed the amount of the fee collected for the recording of subdivision plats established in section 30-1-103 (1).
(c) The fees provided for by this subsection (4) shall be collected by the
public office at which plats are deposited.
(5) (a) Plats shall be deposited in accordance with this section for the sole
purpose of recording information on surveying monumentation in order to provide survey data for subsequent land surveys and shall not be construed to affect, in any manner whatsoever, the description of a subdivision, line, or corner contained in the official plats and field notes filed and of record or to subdivide property.
(b) No plat deposited in accordance with this section shall constitute notice
pursuant to section 38-35-109.
(c) Subdivision plats which create parcels of land of thirty-five acres or more
shall be filed in the county clerk and recorder's office for the county in which the property is located pursuant to section 38-35-109.
(6) Notwithstanding any other provision of law, a county surveyor or any
other local government official that maintains a survey plat records file and index system for plats may establish a program to accept plats for recording and filing, with appropriate permanency protocols, by any electronic means it deems appropriate.
(7) If an electronic filing system is established in accordance with subsection
(6) of this section or section 31-23-108, then the board of county commissioners may provide additional funding and space suitable for a county surveyor or any other appropriate local government official to store original mylar, paper, or polyester sheets of subdivision plats and land survey plats.
(8) If the county clerk and recorder is designated as the appropriate local
government official to store original mylar, paper, or polyester sheets of subdivision plats and land survey plats under subsection (7) of this section, those plats may be recorded by the county clerk and recorder instead of deposited.
Source: L. 94: Entire article R&RE, p. 1510, � 46, effective July 1. L. 97: (1)(c)
amended, p. 1629, � 6, effective July 1. L. 2008: (6) added, p. 56, � 1, effective August 5. L. 2017: (7) added, (SB 17-129), ch. 213, p. 832, � 2, effective August 9. L. 2020: (2.5) and (8) added and (3) amended, (HB 20-1318), ch. 239, p. 1157, � 2, effective September 14. L. 2024: (4)(a) and (4)(b) amended, (HB 24-1269), ch. 394, p. 2717, � 5, effective July 1, 2025.
Editor's note: This section is similar to former � 38-51-107, as it existed prior
to 1994.
Cross references: For provisions regarding engineers and surveyors, see
article 120 of title 12.
C.R.S. § 38-50-103
38-50-103. Public records - monument records. (1) The state board of licensure for architects, professional engineers, and professional land surveyors, created in section 12-120-103, shall employ personnel at the expense of such board's licensed professional land surveyors to maintain a record-keeping and indexing system for all monument records submitted in accordance with section 38-53-104.
(2) (a) The state board of licensure for architects, professional engineers,
and professional land surveyors shall provide, free of charge, a copy of each monument record submitted in accordance with section 38-53-104 to the county clerk and recorder for the county in which the monument is located.
(b) Each county clerk and recorder shall maintain copies of monument
records in a county record-keeping and indexing system and, upon receipt of each monument record provided pursuant to paragraph (a) of this subsection (2), shall list it in the system.
(c) Records maintained pursuant to this section shall be open to public
inspection during normal business hours.
(3) Certified copies of monument records of the state board of licensure for
architects, professional engineers, and professional land surveyors shall be evidence in all courts and places in this state.
(4) No fee shall be charged by the state board of licensure for architects,
professional engineers, and professional land surveyors for the submission of monument records. The cost of maintaining the record-keeping and indexing system for monument records shall be recouped as part of the renewal fees charged to licensees, which fees shall be calculated to cover the costs of the staff and equipment necessary to maintain the record-keeping and indexing system.
Source: L. 94: Entire article R&RE, p. 1513, � 46, effective July 1. L. 2004: (1),
(2)(a), (3), and (4) amended, p. 1316, � 71, effective May 28. L. 2006: (1), (2)(a), (3), and (4) amended, p. 743, � 12, effective July 1. L. 2013: (1), (2)(a), (2)(b), and (4) amended, (SB 13-161), ch. 356, p. 2093, � 35, effective July 1. L. 2019: (1) amended, (HB 19-1172), ch. 136, p. 1727, � 245, effective October 1.
Editor's note: This section is similar to former � 38-53-110, as it existed prior
to 1994.
ARTICLE 51
Minimum Standards for Land
Surveys and Plats
Editor's note: This article was numbered as article 2 of chapter 136, C.R.S.
-
The substantive provisions of this article were repealed and reenacted in 1994, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1994, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article, see the comparative tables located in the back of the index.
Cross references: For public policy concerning accurate land boundaries and public records relating thereto, see � 38-53-101.
C.R.S. § 38-51-102
38-51-102. Definitions. As used in this article 51, unless the context otherwise requires:
(1) Accessory means any physical evidence in the vicinity of a survey
monument, the relative location of which is of public record and which is used to help perpetuate the location of the monument. Accessories shall be construed to include the accessories recorded in the original survey notes and additional reference points and dimensions furnished by subsequent land surveyors or attested to in writing by persons having personal knowledge of the original location of the monument.
(2) Aliquot corner means any section corner or quarter section corner and
any other corner in the public land survey system created by subdividing land according to the rules of procedure set forth in section 38-51-103.
(3) Bench mark means any relatively immovable point on the earth whose
elevation above or below an adopted datum is known.
(4) Block means a parcel of land within a platted subdivision bounded on
all sides by streets or avenues, other physical boundaries such as a body of water, or the exterior boundary of a platted subdivision.
(5) Board means the state board of licensure for architects, professional
engineers, and professional land surveyors, created in section 12-120-103.
(6) Control corner means any land survey corner the position of which
controls the location of the boundaries of a tract or parcel of land.
(6.3) Corner means a point of reference determined by the surveying
process.
(7) Exemption plat or subdivision exemption plat means a subdivision plat
which includes all of the information required by section 38-51-106 and which depicts a division of land or the creation of an interest in property for which the board of county commissioners has granted an exemption from subdivision regulations pursuant to section 30-28-101 (10)(d), C.R.S.
(7.5) Geographic information system land position or GIS land position
means a location in a geographic information system intended to control the mapping location of the boundaries of a tract or parcel of land that may be field surveyed, scaled, calculated, plotted by photogrammetric or remote sensing methods, or located by physical or cultural features.
(8) Improvement location certificate means a representation of the
boundaries of a parcel of land and the improvements thereon, prepared pursuant to section 38-51-108.
(9) Improvement survey plat means a land survey plat as defined in
subsection (12) of this section resulting from a monumented land survey showing the location of all structures, visible utilities, fences, hedges, or walls situated on the described parcel and within five feet of all boundaries of such parcel, any conflicting boundary evidence or visible encroachments, and all easements, underground utilities, and tunnels for which properly recorded evidence is available from the county clerk and recorder, a title insurance company, or other sources as specified on the improvement survey plat.
(10) Irregular parcel means a parcel of land which is not uniquely defined
on a subdivision plat but which is described by any of the following methods:
(a) A metes and bounds description;
(b) A book and page or reception number reference;
(c) Any so-called assessor's tract; or
(d) A description which calls only for the owner's or adjoiner's name.
(11) Land survey means a series of observations and measurements made
pursuant to sections 38-51-103, 38-51-104, and 38-51-105 for the purpose of locating or restoring any real property boundary.
(12) Land survey plat means a plat that shows the information developed
by a monumented land survey or shows one or more set monuments pursuant to sections 38-51-104 and 38-51-105 and includes all information required by section 38-51-106.
(12.3) Monument means the object or physical structure that marks the
corner point.
(13) Monumented land survey means a land survey in which monuments are
either found or set pursuant to sections 38-51-103, 38-51-104, and 38-51-105 to mark the boundaries of a specified parcel of land.
(14) Monument record means a written and illustrated document
describing the physical appearance of a bench mark or survey monument and its accessories.
(15) Platted subdivision means a group of lots, tracts, or parcels of land
created by recording a map which meets the requirements of section 38-51-106 and which shows the boundaries of such lots, tracts, or parcels and the original parcel from which they were created.
(16) Professional land surveyor means a person licensed pursuant to part 3
of article 120 of title 12.
(16.1) Professional land surveyor of record means the professional land
surveyor whose signature and seal appear on an original subdivision plat, land survey plat, or parcel description currently recorded in the office of the clerk and recorder in which the subdivision plat, land survey plat, or parcel description is situated.
(17) Property description means a written, narrative description, of a parcel
of real property or an easement for the purpose of perpetuating location of title.
(18) Public land survey monument means any land boundary monument
established on the ground by a cadastral survey of the United States government and any mineral survey monument established by a United States mineral surveyor and made a part of the United States public land records.
(19) Responsible charge means control and direction of surveying work.
(20) Subdivision plat means a map of a platted subdivision recorded for the
purpose of creating land parcels which can be identified uniquely by reference to such map.
(21) Surveyor's affidavit of correction means an affidavit prepared and
executed by a professional land surveyor of record in accordance with section 38-51-111.
Source: L. 94: Entire article R&RE, p. 1514, � 47, effective July 1. L. 97: (6) and
(11) amended and (6.3) and (12.3) added, p. 1630, � 7, effective July 1; (7.5) added, p. 145, � 1, effective August 6. L. 2004: (5) and (16) amended, p. 1316, � 72, effective May 28. L. 2007: (12) amended, p. 294, � 6, effective August 3. L. 2010: (16.1) and (21) added, (HB 10-1085), ch. 95, p. 324, � 4, effective August 11. L. 2019: IP, (5), and (16) amended, (HB 19-1172), ch. 136, p. 1727, � 246, effective October 1.
Editor's note: The provisions of this section are similar to provisions of
several former sections as they existed prior to 1994. For a detailed comparison, see the comparative tables located in the back of the index.
C.R.S. § 38-53-103
38-53-103. Definitions. As used in this article 53, unless the context otherwise requires:
(1) Accessory means any physical evidence in the vicinity of a survey
monument, the relative location of which is of public record and which is used to help perpetuate the location of the monument. Accessories shall be construed to include the accessories recorded in the original survey notes and additional reference points and dimensions furnished by subsequent land surveyors or attested to in writing by persons having personal knowledge of the original location of the monument.
(2) Aliquot corner means any section corner or quarter section corner and
any other corner in the public land survey system created by subdividing land according to the rules of procedure set forth in section 38-51-103.
(3) Bench mark means any relatively immovable point on the earth whose
elevation above or below an adopted datum is known.
(4) Block means a parcel of land within a platted subdivision bounded on
all sides by streets or avenues, other physical boundaries such as a body of water, or the exterior boundary of a platted subdivision.
(5) Board means the state board of licensure for architects, professional
engineers, and professional land surveyors, created in section 12-120-103.
(6) Control corner means any land survey corner the position of which
controls the location of the boundaries of a tract or parcel of land.
(6.3) Corner means a point of reference determined by the surveying
process.
(7) Exemption plat or subdivision exemption plat means a subdivision plat
which includes all of the information required by section 38-51-106 and which depicts a division of land or the creation of an interest in property for which the board of county commissioners has granted an exemption from subdivision regulations pursuant to section 30-28-101 (10)(d), C.R.S.
(8) Improvement location certificate means a representation of the
boundaries of a parcel of land and the improvements thereon, prepared pursuant to section 38-51-108.
(9) Improvement survey plat means a land survey plat as defined in
subsection (12) of this section, resulting from a monumented land survey showing the location of all structures, visible utilities, fences, hedges, or walls situated on the described parcel and within five feet of all boundaries of such parcel, any conflicting boundary evidence or visible encroachments, and all easements, underground utilities, or tunnels, for which property recorded evidence is available from the county clerk and recorder, a title insurance company, or other source as specified on the improvement survey plat.
(10) Irregular parcel means a parcel of land which is not uniquely defined
on a subdivision plat but which is described by any of the following methods:
(a) A metes and bounds description;
(b) A book and page or reception number reference;
(c) Any so-called assessor's tract; or
(d) A description which calls only for the owner's or adjoiner's name.
(11) Land survey means a series of observations and measurements made
pursuant to sections 38-51-103, 38-51-104, and 38-51-105 for the purpose of locating or restoring any real property boundary.
(12) Land survey plat means a plat that shows the information developed
by a monumented land survey or shows one or more set monuments pursuant to sections 38-51-104 and 38-51-105 and includes all information required by section 38-51-106.
(12.3) Monument means the object or physical structure that marks the
corner point.
(13) Monumented land survey means a land survey in which monuments are
either found or set pursuant to sections 38-51-103, 38-51-104, and 38-51-105 to mark the boundaries of a specified parcel of land.
(14) Monument record means a written and illustrated document
describing the physical appearance of a bench mark or survey monument and its accessories.
(15) Platted subdivision means a group of lots, tracts, or parcels of land
created by recording a map which meets the requirements of section 38-51-106 and which shows the boundaries of such lots, tracts, or parcels and the original parcel from which they were created.
(16) Professional land surveyor means a person licensed pursuant to part 3
of article 120 of title 12.
(17) Property description means a written, narrative description of a parcel
of real property or an easement for the purpose of perpetuating location of title.
(18) Public land survey monument means any land boundary monument
established on the ground by a cadastral survey of the United States government and any mineral survey monument established by a United States mineral surveyor and made a part of the United States public land records.
(19) Responsible charge means control and direction of surveying work.
(20) Subdivision plat means a map of a platted subdivision recorded for the
purpose of creating land parcels which can be identified uniquely by reference to such map.
Source: L. 94: Entire article R&RE, p. 1522, � 48, effective July 1. L. 97: (6) and
(11) amended and (6.3) and (12.3) added, p. 1630, � 9, effective July 1. L. 2004: (5) and (16) amended, p. 1318, � 77, effective May 28. L. 2006: (5) amended, p. 744, � 14, effective July 1. L. 2007: (12) amended, p. 294, � 8, effective August 3. L. 2019: IP, (5), and (16) amended, (HB 19-1172), ch. 136, p. 1727, � 247, effective October 1.
Editor's note: The provisions of this section are similar to provisions of
several former sections as they existed prior to 1994. For a detailed comparison, see the comparative tables located in the back of the index.
C.R.S. § 39-1-102
39-1-102. Definitions. As used in articles 1 to 13 of this title 39, unless the context otherwise requires:
(1) Administrator means the property tax administrator.
(1.1) (a) Agricultural and livestock products means plant or animal products
in a raw or unprocessed state that are derived from the science and art of agriculture, regardless of the use of the product after its sale and regardless of the entity that purchases the product. Agriculture, for the purposes of this subsection (1.1), means farming, ranching, animal husbandry, and horticulture.
(b) On and after January 1, 2023, for the purposes of this subsection (1.1),
agricultural and livestock products includes crops grown within a controlled environment agricultural facility in a raw or unprocessed state for human or livestock consumption. For the purposes of this subsection (1.1)(b), agricultural and livestock products does not include marijuana, as defined in section 18-18-102 (18)(a), or any other nonfood crop agricultural products.
(1.3) Agricultural equipment that is used on the farm or ranch or in a CEA
facility in the production of agricultural products:
(a) Means any personal property used on a farm or ranch, as defined in
subsections (3.5) and (13.5) of this section, for planting, growing, and harvesting agricultural products or for raising or breeding livestock for the primary purpose of obtaining a monetary profit; and
(b) Includes:
(I) Any mechanical system used on the farm or ranch for the conveyance and
storage of animal products in a raw or unprocessed state, regardless of whether or not such mechanical system is affixed to real property;
(II) Silviculture personal property that is designed, adapted, and used for the
planting, growing, maintenance, or harvesting of trees in a raw or unprocessed state;
(III) Any personal property within a facility, whether attached to a building or
not, that is capable of being removed from the facility, and is used in direct connection with the operation of a controlled environment agricultural facility, which facility is used solely for planting, growing, or harvesting crops in a raw or unprocessed state; and
(IV) Any personal property within a greenhouse, whether attached to the
greenhouse or not, that is capable of being removed from the greenhouse and is used in direct connection with the operation of a greenhouse, which greenhouse is used solely for planting or growing crops in a raw or unprocessed state, and the sole purpose of growing crops in the greenhouse is to obtain a monetary profit from the wholesale of plant-based food for human or livestock consumption.
(1.6) (a) Agricultural land, whether used by the owner of the land or a
lessee, means one of the following:
(I) (A) A parcel of land, whether located in an incorporated or unincorporated
area and regardless of the uses for which such land is zoned, that was used the previous two years and presently is used as a farm or ranch, as defined in subsections (3.5) and (13.5) of this section, or that is in the process of being restored through conservation practices. Such land must have been classified or eligible for classification as agricultural land, consistent with this subsection (1.6), during the ten years preceding the year of assessment. Such land must continue to have actual agricultural use. Agricultural land under this subparagraph (I) shall not include two acres or less of land on which a residential improvement is located unless the improvement is integral to an agricultural operation conducted on such land. Agricultural land also includes the land underlying other improvements if such improvements are an integral part of the farm or ranch and if such other improvements and the land area dedicated to such other improvements are typically used as an ancillary part of the operation. The use of a portion of such land for hunting, fishing, or other wildlife purposes, for monetary profit or otherwise, shall not affect the classification of agricultural land. For purposes of this subparagraph (I), a parcel of land shall be in the process of being restored through conservation practices if: The land has been placed in a conservation reserve program established by the natural resources conservation service pursuant to 7 U.S.C. secs. 1 to 5506; or a conservation plan approved by the appropriate conservation district has been implemented for the land for up to a period of ten crop years as if the land has been placed in such a conservation reserve program.
(B) A residential improvement shall be deemed to be integral to an
agricultural operation for purposes of sub-subparagraph (A) of this subparagraph (I) if an individual occupying the residential improvement either regularly conducts, supervises, or administers material aspects of the agricultural operation or is the spouse or a parent, grandparent, sibling, or child of the individual.
(II) A parcel of land that consists of at least forty acres, that is forest land,
that is used to produce tangible wood products that originate from the productivity of such land for the primary purpose of obtaining a monetary profit, that is subject to a forest management plan, and that is not a farm or ranch, as defined in subsections (3.5) and (13.5) of this section. Agricultural land under this subparagraph (II) includes land underlying any residential improvement located on such agricultural land.
(III) A parcel of land that consists of at least eighty acres, or of less than
eighty acres if such parcel does not contain any residential improvements, and that is subject to a perpetual conservation easement, if such land was classified by the assessor as agricultural land under subparagraph (I) or (II) of this paragraph (a) at the time such easement was granted, if the grant of the easement was to a qualified organization, if the easement was granted exclusively for conservation purposes, and if all current and contemplated future uses of the land are described in the conservation easement. Agricultural land under this subparagraph (III) does not include any portion of such land that is actually used for nonagricultural commercial or nonagricultural residential purposes.
(IV) A parcel of land, whether located in an incorporated or unincorporated
area and regardless of the uses for which such land is zoned, used as a farm or ranch, as defined in subsections (3.5) and (13.5) of this section, if the owner of the land has a decreed right to appropriated water granted in accordance with article 92 of title 37, C.R.S., or a final permit to appropriated groundwater granted in accordance with article 90 of title 37, C.R.S., for purposes other than residential purposes, and water appropriated under such right or permit shall be and is used for the production of agricultural or livestock products on such land;
(V) A parcel of land, whether located in an incorporated or unincorporated
area and regardless of the uses for which such land is zoned, that has been reclassified from agricultural land to a classification other than agricultural land and that met the definition of agricultural land as set forth in subparagraphs (I) to (IV) of this paragraph (a) during the three years before the year of assessment. For purposes of this subparagraph (V), the parcel of land need not have been classified or eligible for classification as agricultural land during the ten years preceding the year of assessment as required by subparagraph (I) of this paragraph (a).
(b) (I) Except as provided in subparagraph (II) of this paragraph (b), all other
agricultural property that does not meet the definition set forth in paragraph (a) of this subsection (1.6) shall be classified as all other property and shall be valued using appropriate consideration of the three approaches to appraisal based on its actual use on the assessment date.
(II) On and after January 1, 2015, all other agricultural property includes
greenhouse and nursery production areas used to grow food products, agricultural products, or horticultural stock for wholesale purposes only that originate above the ground.
(c) An assessor must determine, based on sufficient evidence, that a parcel
of land does not qualify as agricultural land, as defined in subparagraph (IV) of paragraph (a) of this subsection (1.6), before land may be changed from agricultural land to any other classification.
(d) Notwithstanding any other provision of law to the contrary, property that
is used solely for the cultivation of medical marijuana shall not be classified as agricultural land.
(2) Assessor means the elected assessor of a county, or his or her
appointed successor, and, in the case of the city and county of Denver, such equivalent officer as may be provided by its charter, and, in the case of the city and county of Broomfield, such equivalent officer as may be provided by its charter or code.
(2.5) Bed and breakfast means an overnight lodging establishment,
whether owned by a natural person or any legal entity, that is a residential dwelling unit or an appurtenance thereto, in which the innkeeper resides, or that is a building designed but not necessarily occupied as a single family residence that is next to, or directly across the street from, the innkeeper's residence, and in either circumstance, in which:
(a) Lodging accommodations are provided for a fee;
(b) At least one meal per day is provided at no charge other than the fee for
the lodging accommodations; and
(c) There are not more than thirteen sleeping rooms available for transient
guests.
(3) Board means the board of assessment appeals.
(3.1) Commercial lodging area means a guest room or a private or shared
bathroom within a bed and breakfast that is offered for the exclusive use of paying guests on a nightly or weekly basis. Classification of a guest room or a bathroom as a commercial lodging area shall be based on whether at any time during a year such rooms are offered by an innkeeper as nightly or weekly lodging to guests for a fee. Classification shall not be based on the number of days that such rooms are actually occupied by paying guests.
(3.2) Conservation purpose means any of the following purposes as set
forth in section 170 (h) of the federal Internal Revenue Code of 1986, as amended:
(a) The preservation of land areas for outdoor recreation, the education of
the public, or the protection of a relatively natural habitat for fish, wildlife, plants, or similar ecosystems; or
(b) The preservation of open space, including farmland and forest land,
where such preservation is for the scenic enjoyment of the public or is pursuant to a clearly delineated federal, state, or local government conservation policy and where such preservation will yield a significant public benefit.
(3.3) Controlled environment agricultural facility or CEA facility means a
nonresidential structure and related equipment and appurtenances that combines engineering, horticultural science, and computerized management techniques to optimize hydroponics, plant quality, and food production efficiency from the land's water for human or livestock consumption. The sole purpose of growing crops in a CEA facility is to obtain a monetary profit from the wholesale of plant-based food for human or livestock consumption.
(3.5) Farm means a parcel of land which is used to produce agricultural
products that originate from the land's productivity for the primary purpose of obtaining a monetary profit.
(3.7) Fee simple estate means the largest possible estate allowed by law,
an estate that has potentially infinite duration.
(4) Fixtures means those articles which, although once movable chattels,
have become an accessory to and a part of real property by having been physically incorporated therein or annexed or affixed thereto. Fixtures includes systems for the heating, air conditioning, ventilation, sanitation, lighting, and plumbing of such building. Fixtures does not include machinery, equipment, or other articles related to a commercial or industrial operation which are affixed to the real property for proper utilization of such articles. In addition, for property tax purposes only, fixtures does not include security devices and systems affixed to any residential improvements, including but not limited to security doors, security bars, and alarm systems.
(4.3) Forest land means land of which at least ten percent is stocked by
forest trees of any size and includes land that formerly had such tree cover and that will be naturally or artificially regenerated. Forest land includes roadside, streamside, and shelterbelt strips of timber which have a crown width of at least one hundred twenty feet. Forest land includes unimproved roads and trails, streams, and clearings which are less than one hundred twenty feet wide.
(4.4) Forest management plan means an agreement which includes a plan
to aid the owner of forest land in increasing the health, vigor, and beauty of such forest land through use of forest management practices and which has been either executed between the owner of forest land and the Colorado state forest service or executed between the owner of forest land and a professional forester and has been reviewed and has received a favorable recommendation from the Colorado state forest service. The Colorado forest service shall annually inspect each parcel of land subject to a forest management plan to determine if the terms and conditions of such plan are being complied with and shall report by March 1 of each year to the assessor in each affected county the legal descriptions of the properties and the names of their owners that are eligible for the agricultural classification. The report shall also contain the legal descriptions of those properties and the names of their owners that no longer qualify for the agricultural classification because of noncompliance with their forest management plans. No property shall be entitled to the agricultural classification unless the legal description and the name of the owner appear on the report submitted by the Colorado state forest service. The Colorado state forest service shall charge a fee for the inspection of each parcel of land in such amount for the reasonable costs incurred by the Colorado state forest service in conducting such inspections. Such fee shall be paid by the owner of such land prior to such inspection. Any fees collected pursuant to this subsection (4.4) shall be subject to annual appropriation by the general assembly.
(4.5) Forest management practices means practices accepted by
professional foresters which control forest establishment, composition, density, and growth for the purpose of producing forest products and associated amenities following sound business methods and technical forestry principles.
(4.6) Forest trees means woody plants which have a well-developed stem
or stems, which are usually more than twelve feet in height at maturity, and which have a generally well-defined crown.
(5) Repealed.
(5.5) (a) Hotels and motels means improvements and the land associated
with such improvements that are used by a business establishment primarily to provide lodging, camping, or personal care or health facilities to the general public and that are predominantly used on an overnight or weekly basis; except that hotels and motels does not include:
(I) A residential unit, except for a residential unit that is a hotel unit;
(II) A residential unit that would otherwise be classified as a hotel unit if the
residential unit is held as inventory by a developer primarily for sale to customers in the ordinary course of the developer's trade or business, is marketed for sale by the developer, and either has been held by the developer for less than two years since the certificate of occupancy for the residential unit has been issued or is not depreciated under the internal revenue code, as defined in section 39-22-103 (5.3), while owned by the developer; or
(III) A residential unit that would otherwise be classified as a hotel unit if the
residential unit has been acquired by a lender or an owners' association through foreclosure, a deed in lieu of foreclosure, or a similar transaction, is marketed for sale by the lender or owners' association and is not depreciated under the internal revenue code, as defined in section 39-22-103 (5.3), while owned by the lender or owners' association.
(IV) Repealed.
(b) If any time share estate, time share use period, undivided interest, or
other partial ownership interest in any hotel unit is owned by any non-hotel unit owner, then, unless a declaration or other express agreement binding on the non-hotel unit owners and the hotel unit owners provides otherwise:
(I) The hotel unit owners shall pay the taxes on the hotel unit not required to
be paid by the non-hotel unit owners pursuant to subparagraph (II) of this paragraph (b).
(II) Each non-hotel unit owner shall pay that portion of the taxes on the hotel
unit equal to the non-hotel unit owner's ownership or usage percentage of the hotel unit multiplied by the property tax that would have been levied on the hotel unit if the actual value and valuation for assessment of the hotel unit had been determined as if the hotel unit was residential real property.
(III) For purposes of determining the amount due from any hotel unit owner
or non-hotel unit owner pursuant to subparagraph (II) of this paragraph (b), the assessor shall, upon the request of any hotel unit owner or non-hotel unit owner, calculate the property tax that would have been levied on the hotel unit if the actual value and valuation for assessment of the hotel unit had been determined as if the hotel unit were residential real property. A hotel unit owner or non-hotel unit owner may petition the county board of equalization for review of the assessor's calculation pursuant to the procedures set forth in section 39-10-114. Any appeal from the decision of the county board shall be governed by section 39-10-114.5.
(c) As used in this subsection (5.5):
(I) Condominium unit means a unit, as defined in section 38-33.3-103 (30),
C.R.S., and also includes a time share unit.
(II) Hotel unit owners means any person or member of a group of related
persons whose ownership and use of a residential unit cause the residential unit to be classified as a hotel unit.
(III) Hotel units means more than four residential unit ownership
equivalents in a project that are owned, in whole or in part, directly, or indirectly through one or more intermediate entities, by one person or by a group of related persons if the person or group of related persons uses the residential units or parts thereof in connection with a business establishment primarily to provide lodging, camping, or personal care or health facilities to the general public predominantly on an overnight or weekly basis. Hotel unit means any residential unit included in hotel units. For purposes of this subparagraph (III):
(A) Control means the power to direct the business or affairs of an entity
through direct or indirect ownership of stock, partnership interests, membership interests, or other forms of beneficial interests.
(B) Related persons means individuals who are members of the same
family, including only spouses and minor children, or persons who control, are controlled by, or are under common control with each other. Persons are not related persons solely because they engage a common agent to manage or rent their residential units, they are members of an owners' association or similar group, they enter into a tenancy in common or a similar agreement with respect to undivided interests in a residential unit, or any combination of the foregoing.
(IV) Project means one or more improvements that contain residential units
if the boundaries of the residential units are described in or determined by the same declaration, as defined in section 38-33.3-103 (13), C.R.S.
(V) Residential unit means a condominium unit, a single family residence,
or a townhome.
(VI) Non-hotel unit owner means any owner of a time share estate, time
share use period, undivided interest, or other partial ownership interest in any hotel unit who is not a hotel unit owner with respect to the hotel unit.
(VII) Residential unit ownership equivalent means:
(A) In the case of time share units, time share interests or time share use
periods in one or more time share units that in the aggregate entitle the owner of such time share interests or time share use periods to three hundred sixty-five days of use in any calendar year or three hundred sixty-six days of use in any calendar year that is a leap year; and
(B) In the case of residential units other than time share units, undivided
interests or other ownership interests in one or more such residential units that total one hundred percent. For purposes of this sub-subparagraph (B), any undivided interest or other ownership interest not stated in terms of a percentage of total ownership shall be converted to a percentage of total ownership based on the rights accorded to the holder of the undivided interest or other ownership interest.
(VIII) Time share unit means a condominium unit that is divided into time
share estates as defined in section 38-33-110 (5) or that is subject to a time share use as defined in section 12-10-501 (4).
(5.6) Hotels and motels as defined in subsection (5.5) of this section shall
not include bed and breakfasts.
(6) Household furnishings means that personal property, other than
fixtures, in residential structures and buildings which is not used for the production of income at any time.
(6.2) Hydroponics means a system in which water soluble primary or
secondary plant nutrients or micronutrients, or a combination of such nutrients, are placed in intimate contact with a plant's root system that is being grown in water or an inert supportive medium that supplies physical support for the roots.
(6.3) Improvements means all structures, buildings, fixtures, fences, and
water rights erected upon or affixed to land, whether or not title to such land has been acquired.
(6.8) Independently owned residential solar electric generation facility
means personal property that:
(a) Is located on residential real property;
(b) Is owned by a person other than the owner of the residential real
property;
(c) Is installed on the customer's side of the meter;
(d) Is used to produce electricity from solar energy primarily for use in the
residential improvements located on the residential real property; and
(e) Has a production capacity of no more than one hundred kilowatts.
(7) (Deleted by amendment, L. 2010, (HB 10-1267), ch. 425, p. 2198, � 1,
effective August 11, 2010.)
(7.1) Innkeeper means the owner, operator, or manager of a bed and
breakfast.
(7.2) Inventories of merchandise and materials and supplies which are held
for consumption by a business or are held primarily for sale means those classes of personal property which are held primarily for sale by a business, farm, or ranch, including components of personal property to be held for sale, or which are held for consumption by a business, farm, or ranch, or which are rented for thirty days or less. For the purposes of this subsection (7.2), personal property rented for thirty days or less means personal property rented for thirty days or less which can be returned at the option of the person renting the property, in a transaction on which the sales or use tax is actually collected before being finally sold, whether or not such personal property is subject to depreciation. It is the purpose of the general assembly to exempt personal property rented for thirty days or less from property tax because of the similarity of such property to inventories of merchandise held by retail stores. Further, the general assembly intends this exemption to encompass a transaction under a rental agreement in which the customer pays rent in order to use an item for a brief period of time; it is not intended to encompass an equipment lease contract covering a specific period of time and which includes financial penalties for early cancellation. Except for personal property rented for thirty days or less, the term inventories of merchandise and materials and supplies which are held for consumption by a business or are held primarily for sale does not include personal property which is held for rent or lease or is subject to an allowance for depreciation. For property tax years commencing on or after January 1, 1984, the term does include inventory which is owned by and which is in the possession of the manufacturer of such inventory unless:
(a) Such inventory is in the possession of the manufacturer after having
previously been leased by the manufacturer to a customer; and
(b) Such manufacturer has not designated such inventory for scrapping,
substantial reconditioning, renovating, or remanufacturing in accordance with its customary practices. For the purposes of this paragraph (b), normal maintenance shall not constitute substantial reconditioning, renovating, or remanufacturing.
(7.5) Repealed.
(7.7) Livestock includes all animals.
(7.8) Manufactured home means any preconstructed building unit or
combination of preconstructed building units that:
(a) Includes electrical, mechanical, or plumbing services that are fabricated,
formed, or assembled at a location other than the residential site of the completed home;
(b) Is designed and used for residential occupancy in either temporary or
permanent locations;
(c) Is constructed in compliance with the National Manufactured Housing
Construction and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq., as amended;
(d) Does not have motive power;
(e) Is not licensed as a vehicle; and
(f) Is eligible for a certificate of title pursuant to part 1 of article 29 of title
38, C.R.S.
(7.9) Minerals in place means, without exception, metallic and nonmetallic
mineral substances of every kind while in the ground.
(8) Mobile home means a manufactured home built prior to the adoption of
the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq., as amended.
(8.3) Modular home means any preconstructed factory-built building that:
(a) Is ineligible for a certificate of title pursuant to part 1 of article 29 of title
38, C.R.S.;
(b) Is not constructed in compliance with the National Manufactured
Housing Construction and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq., as amended; and
(c) Is constructed in compliance with building codes adopted by the division
of housing in the department of local affairs.
(8.4) Natural cause means fire, explosion, flood, tornado, action of the
elements, act of war or terror, or similar cause beyond the control of and not caused by the party holding title to the property destroyed.
(8.5) Not for private gain or corporate profit means the ownership and use
of property whereby no person with any connection to the owner thereof shall receive any pecuniary benefit except for reasonable compensation for services rendered and any excess income over expenses derived from the operation or use of the property and all proceeds from the sale of the property of the owner shall be devoted to the furthering of any exempt purpose.
(8.6) (a) Nursing home means a nursing care facility, regardless of a
resident's length of stay, that is licensed by the department of public health and environment under section 25-1.5-103 (1) and that meets the definition of a nursing care facility as set forth in the department of public health and environment regulations, including a nursing care facility that provides convalescent care or rehabilitation services such as physical and occupational therapy.
(b) As used in this subsection (8.6), nursing care facility means a licensed
health care entity that is planned, organized, operated, and maintained to provide supportive, restorative, and preventative services to persons who, due to physical or mental disability, require continuous or regular inpatient nursing care.
(8.7) Perpetual conservation easement means a conservation easement in
gross, as described in article 30.5 of title 38, C.R.S., that qualifies as a perpetual conservation restriction pursuant to section 170 (h) of the federal Internal Revenue Code of 1986, as amended, and any regulations issued thereunder.
(9) Person means natural persons, corporations, partnerships, limited
liability companies, associations, and other legal entities which are or may become taxpayers by reason of the ownership of taxable real or personal property.
(10) Personal effects means such personal property as is or may be worn or
carried on or about the person, and such personal property as is usually associated with the person or customarily used in personal hobby, sporting, or recreational activities and which is not used for the production of income at any time.
(11) Personal property means everything that is the subject of ownership
and that is not included within the term real property. Personal property includes machinery, equipment, and other articles related to a commercial or industrial operation that are either affixed or not affixed to the real property for proper utilization of such articles. Except as otherwise specified in articles 1 to 13 of this title, any pipeline, telecommunications line, utility line, cable television line, or other similar business asset or article installed through an easement, right-of-way, or leasehold for the purpose of commercial or industrial operation and not for the enhancement of real property shall be deemed to be personal property, including, without limitation, oil and gas distribution and transmission pipelines, gathering system pipelines, flow lines, process lines, and related water pipeline collection, transportation, and distribution systems. Structures and other buildings installed on an easement, right-of-way, or leasehold that are not specifically referenced in this subsection (11) shall be deemed to be improvements pursuant to subsection (6.3) of this section.
(12) Political subdivision means any entity of government authorized by law
to impose ad valorem taxes on taxable property located within its territorial limits.
(12.1) Repealed.
(12.3) and (12.4) Repealed.
(12.5) Professional forester means any person who has received a
bachelor's or higher degree from an accredited school of forestry.
(13) Property means both real and personal property.
(13.2) Qualified organization means a qualified organization as defined in
section 170 (h)(3) of the federal Internal Revenue Code of 1986, as amended.
(13.5) Ranch means a parcel of land which is used for grazing livestock for
the primary purpose of obtaining a monetary profit. For the purposes of this subsection (13.5), livestock means domestic animals which are used for food for human or animal consumption, breeding, draft, or profit.
(14) Real property means:
(a) All lands or interests in lands to which title or the right of title has been
acquired from the government of the United States or from sovereign authority ratified by treaties entered into by the United States, or from the state;
(b) All mines, quarries, and minerals in and under the land, and all rights and
privileges thereunto appertaining; and
(c) Improvements.
(14.3) Residential improvements means a building, or that portion of a
building, designed for use predominantly as a place of residency by a person, a family, or families. The term includes buildings, structures, fixtures, fences, amenities, and water rights that are an integral part of the residential use. The term also includes a manufactured home, a mobile home, a modular home, a tiny home, and a nursing home as defined in subsection (8.6) of this section, regardless of a resident's length of stay.
(14.4) (a) (I) Residential land means a parcel of land upon which residential
improvements are located. The term also includes:
(A) Land upon which residential improvements were destroyed by natural
cause after the date of the last assessment as established in section 39-1-104 (10.2);
(B) Two acres or less of land on which a residential improvement is located
where the improvement is not integral to an agricultural operation conducted on such land; and
(C) A parcel of land without a residential improvement located thereon, if the
parcel is contiguous to a parcel of residential land that has identical ownership based on the record title and contains a related improvement that is essential to the use of the residential improvement located on the identically owned contiguous residential land.
(II) Residential land does not include any portion of the land that is used for
any purpose that would cause the land to be otherwise classified, except as provided for in section 39-1-103 (10.5).
(III) As used in this subsection (14.4):
(A) Contiguous means that the parcels physically touch; except that
contiguity is not interrupted by an intervening local street, alley, or common element in a common-interest community.
(B) Related improvement means a driveway, parking space, or
improvement other than a building, or that portion of a building designed for use predominantly as a place of residency by a person, a family, or families.
(b) (I) Notwithstanding section 39-1-103 (5)(c) and except as provided in
subparagraph (II) of this paragraph (b), when residential improvements are destroyed, demolished, or relocated as a result of a natural cause on or after January 1, 2010, that, were it not for their destruction, demolition, or relocation due to such natural cause, would have qualified the land upon which the improvements were located as residential land for the following property tax year, the residential land classification shall remain in place for the year of destruction, demolition, or relocation and the two subsequent property tax years. The residential land classification may remain in place for additional subsequent property tax years, not to exceed a total of five subsequent property tax years, if the assessor determines there is evidence the owner intends to rebuild or locate a residential improvement on the land. For purposes of this determination, the assessor may consider, but shall not be limited to considering, a building permit or other land development permit for the land, construction plans for such residential improvement, efforts by the owner to obtain financing for a residential improvement, or ongoing efforts to settle an insurance claim related to the destruction, demolition, or relocation of the residential improvement due to a natural cause.
(II) The residential land classification of the land described in subparagraph
(I) of this paragraph (b) shall change according to current use if:
(A) A new residential improvement or part of a new residential improvement
is not constructed or placed on the land in accordance with applicable land use regulations prior to the January 1 after the period described in subparagraph (I) of this paragraph (b), unless the property owner provides documentary evidence to the assessor that during such period a good-faith effort was made to construct or place a new or part of a new residential improvement on the land but that additional time is necessary;
(B) The assessor determines that the classification at the time of
destruction, demolition, or relocation as a result of a natural cause was erroneous; or
(C) A change of use has occurred. For purposes of this sub-subparagraph (C),
a change of use shall not include the temporary loss of the residential use due to the destruction, demolition, or relocation as a result of a natural cause of the residential improvement.
(c) (I) Notwithstanding section 39-1-103 (5)(c) and except as provided in
subsection (14.4)(c)(II) of this section, when residential improvements are destroyed, demolished, or relocated on or after January 1, 2018, that, were it not for their destruction, demolition, or relocation, would have qualified the land upon which the improvements were located as residential land for the following property tax year, the residential land classification shall remain in place for the year of destruction, demolition, or relocation and one subsequent property tax year if the assessor determines there is evidence that the owner intends to rebuild or locate a residential improvement on the land. For purposes of this determination, the assessor may consider, but is not limited to considering, a building permit or other land development permit for the land, construction plans for such residential improvement, or efforts by the owner to obtain financing for a residential improvement.
(II) The residential land classification of the land described in subsection
(14.4)(c)(I) of this section shall change according to current use if:
(A) A new residential improvement or part of a new residential improvement
is not constructed or placed on the land in accordance with applicable land use regulations prior to the January 1 after the period described in subsection (14.4)(c)(I) of this section;
(B) The assessor determines that the classification of the land at the time of
the destruction, demolition, or relocation was erroneous; or
(C) A change of use has occurred. For purposes of this subsection
(14.4)(c)(II)(C), a change of use shall not include the temporary loss of the residential use due to the destruction, demolition, or relocation of the residential improvement.
(14.5) Residential real property means residential land and residential
improvements but does not include hotels and motels as defined in subsection (5.5) of this section.
(15) Repealed.
(15.5) (a) School means:
(I) An educational institution having a curriculum comparable to that of a
publicly supported elementary or secondary school or college, or any combination thereof, and requiring daily attendance; or
(II) An institution that is licensed as a child care center pursuant to part 3 of
article 5 of title 26.5 that is:
(A) Operated by and as an integral part of a not-for-profit educational
institution that meets the requirements of subparagraph (I) of this paragraph (a); or
(B) A not-for-profit institution that offers an educational program for not
more than six hours per day and that employs educators trained in preschool through eighth grade educational instruction and is licensed by the appropriate state agency and that is not otherwise qualified as a school under this paragraph (a) or as a religious institution.
(b) School includes any educational institution that meets the
requirements set forth in subparagraph (I) or (II) of paragraph (a) of this subsection (15.5), even if such educational institution maintains hours of operation in excess of the minimum hour requirements of section 22-32-109 (1)(n)(I), C.R.S.
(16) Taxable property means all property, real and personal, not expressly
exempted from taxation by law.
(16.3) Tiny home means a tiny home, as defined in section 24-32-3302 (35),
that is certified by the division of housing in the department of local affairs to be designed for long-term residency and that is not registered in accordance with article 3 of title 42.
(17) Treasurer means the elected treasurer of a county or his or her
appointed successor, and, in the case of the city and county of Denver, such equivalent officer as may be provided by its charter, in the case of the city and county of Broomfield, such equivalent officer as may be provided by its charter or code, and in the case of any home rule county, the treasurer or such equivalent officer as provided by its charter.
(18) Works of art means those items of personal property that are original
creations of visual art, including, but not limited to:
(a) Sculpture, in any material or combination of materials, whether in the
round, bas-relief, high relief, mobile, fountain, kinetic, or electronic;
(b) Paintings or drawings;
(c) Mosaics;
(d) Photographs;
(e) Crafts made from clay, fiber and textiles, wood, metal, plastics, or any
other material, or any combination thereof;
(f) Calligraphy;
(g) Mixed media composed of any combination of forms or media; or
(h) Unique architectural embellishments.
Source: L. 64: R&RE, p. 674, � 1. C.R.S. 1963: � 137-1-1. L. 65: p. 1095, � 1. L.
67: p. 945, � 1. L. 70: p. 379, � 8. L. 73: p. 237, � 17. L. 75: (8) repealed, p. 1473, � 30, effective July 18. L. 77: (7.5), (12.3), and (12.4) added, p. 1728, �1, effective June 20; (8) RC&RE, p. 1740, � 1, effective January 1, 1978. L. 78: (12.1) added, p. 467, � 1, effective July 1. L. 79: (12.1) amended, p. 1400, � 1, effective March 13; (12.1)(a) amended, p. 1059, � 9, effective June 20; (12.1) repealed, p. 1456, � 4, effective July 1, 1981. L. 80: (18) added, p. 711, � 1, effective April 16. L. 81: (12.1)(d) R&RE, p. 1872, � 4, effective June 29; (12.1)(a)(II) amended, � 5, effective July 1. L. 83: (15) repealed, p. 1485, � 11, effective April 22; (1.1), (1.3), (1.6), (3.5), (5.5), (7.2), (7.8), (13.5), and (14.3) to (14.5) added, (5) repealed, and (12.3)(b) amended, pp. 1486, 1488, �� 1, 6, 4, effective June 1. L. 84: (7.2) amended, p. 983, � 1, effective May 8. L. 85: IP(7.2) amended and (7.9) added, pp. 1215, 1210, �� 1, 2, effective May 9. L. 87: (1.3) amended, p. 1382, � 1, effective May 8; (7.5), (12.3), and (12.4) repealed, p. 1304, � 1, effective May 20. L. 88: (4) and (11) amended and (12.1) repealed, pp. 1269, 1275, �� 4, 14, effective May 29. L. 89: (15.5) added, p. 1482, � 3, effective April 23. L. 90: (1.6)(a) amended, (4.3) to (4.6) and (12.5) added, p. 1706, � 1, effective April 16; (9) amended, p. 450, � 26, effective April 18; (1.6)(a) and (13.5) amended and (8.5) added, pp. 1695, 1703, 1701, �� 16, 37, 33, effective June 9. L. 91: IP(7.2) amended, p. 1980, � 1, effective April 20; (8) amended, p. 1394, � 2, effective April 27. L. 92: (4) amended, p. 2216, � 3, effective June 2. L. 94: (8) and (14.3) amended, p. 2568, � 86, effective January 1, 1995. L. 95: IP(1.6)(a) amended and (1.6)(a)(III), (3.2), (8.7), and (13.2) added, pp. 173, 174, �� 1, 2, effective April 7. L. 97: (1.1) and (1.6) amended, p. 509, � 1, effective April 24. L. 98: (11) amended, p. 1276, � 1, effective June 1. L. 99: (15.5) amended, p. 1299, � 1, effective June 3. L. 2000: (15.5)(a)(II) amended, p. 1499, � 1, effective August 2. L. 2001: (2) and (17) amended, p. 268, � 14, effective November 15. L. 2002: (5.5) amended, p. 1939, � 1, effective August 7; (2.5), (3.1), (5.6), and (7.1) added, (5.5)(a)(IV) repealed, and (14.4) amended, pp. 1671, 1673, �� 1, 3, effective January 1, 2003. L. 2004: (1.6)(a)(I) amended, p. 1208, � 86, effective August 4. L. 2008: (14.3) amended, p. 1914, � 129, effective August 5. L. 2009: (7.7) and (8.3) added and (7.8), (8), and (14.3) amended, (SB-040), ch. 9, p. 70, � 12, effective July 1; (8.5) amended, (SB 09-042), ch. 176, p. 779, � 1, effective August 5. L. 2010: (1.1) amended, (SB 10-177), ch. 392, p. 1861, � 1, effective August 11; (1.6)(a)(III) amended, (HB 10-1197), ch. 175, p. 634, � 1, effective August 11; (6.3) and (6.8) added and (7) and (11) amended, (HB10-1267), ch. 425, p. 2198, � 1, effective August 11. L. 2011: (8.4) added and (14.4) amended, (HB 11-1042), ch. 138, p. 479, � 1, effective May 4; (1.6)(d) added, (HB 11-1043), ch. 266, p. 1213, � 23, effective July 1; (1.6)(a)(I) and (14.4) amended, (HB 11-1146), ch. 166, p. 571, � 1, effective January 1, 2012. L. 2013: (14.4)(a) amended, (HB 13-1300), ch. 316, p. 1699, � 116, effective August 7. L. 2014: (8.5) amended, (HB 14-1349), ch. 230, p. 854, � 4, effective May 17; (1.6)(b) amended, (SB 14-043), ch. 53, p. 248, � 1, effective August 6. L. 2016: (14.4)(b)(II)(A) amended, (SB 16-012), ch. 66, p. 169, � 1, effective April 5. L. 2017: IP, (1.1), and (1.3) amended, (SB 17-302), ch. 311, p. 1675, � 1, effective June 2. L. 2018: (14.4)(c) added, (HB 18-1283), ch. 270, p. 1665, � 1, effective August 8. L. 2019: (5.5)(c)(VIII) amended, (HB 19-1172), ch. 136, p. 1727, � 249, effective October 1. L. 2020: (17) amended, (HB 20-1077), ch. 80, p. 324, � 5, effective September 14. L. 2021: (3.7) added, (HB 21-1312), ch. 299, p. 1791, � 3, effective July 1; (14.4)(a) amended, (HB 21-1061), ch. 63, p. 252, � 1, effective September 7. L. 2022: IP(15.5)(a)(II) amended, (HB 22-1295), ch. 123, p. 865, � 124, effective July 1; (1.1), IP(1.3), and (1.3)(b) amended and (3.3) and (6.2) added, (HB 22-1301), ch. 198, p. 1321, � 1, effective August 10; (8.6) added and (14.3) amended, (HB 22-1296), ch. 310, p. 2226, � 1, effective August 10; (14.3) amended and (16.3) added, (HB 22-1242), ch. 172, p. 1139, � 34, effective August 10. L. 2024, 2nd Ex. Sess.: (1.3)(b)(II) and (1.3)(b)(III) amended and (1.3)(b)(IV) added, (HB 24B-1003), ch. 2, p. 24, � 1, effective November 28.
Editor's note: (1) Amendments to subsection (1.6)(a) by House Bill 90-1229
harmonized with House Bill 90-1018.
(2) Amendments to subsection (14.4) by House Bill 11-1042 and House Bill 11-1146 were harmonized, effective January 1, 2012.
(3) Amendments to this section by HB 22-1242 and HB 22-1296 were
harmonized.
Cross references: (1) For the creation of the property tax administrator, see �
39-2-101.
(2) For the legislative declaration in HB 21-1312, see section 1 of chapter 299,
Session Laws of Colorado 2021.
C.R.S. § 39-22-514
39-22-514. Tax credit for qualified costs incurred in preservation of historic properties. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), for income tax years commencing on or after January 1, 1991, but prior to January 1, 2020, there shall be allowed a credit with respect to the income taxes imposed pursuant to the provisions of this article to each taxpayer:
(I) Who is the owner or qualified tenant of qualified property and who incurs
qualified costs in an amount equaling or exceeding five thousand dollars in the qualified rehabilitation of such qualified property; or
(II) Who is allowed a credit for costs incurred in the rehabilitation of property
located in Colorado pursuant to the provisions of section 38 of the internal revenue code.
(b) Any taxpayer who is allowed a credit for qualified expenditures incurred
in the rehabilitation of property pursuant to the provisions of section 39-30-105.6 shall not be allowed the credit provided in paragraph (a) of this subsection (1).
(2) (a) The credit provided for in paragraph (a) of subsection (1) of this section
shall not exceed an aggregate of fifty thousand dollars per qualified property or an amount equal to twenty percent of the aggregate qualified costs incurred per qualified property, whichever is less.
(b) (Deleted by amendment, L. 99, p. 1278, � 1, effective June 3, 1999.)
(3) (a) Except as otherwise provided in paragraph (b) of this subsection (3)
and subsection (6) of this section, in order for any taxpayer to qualify for the credit provided for in paragraph (a) of subsection (1) of this section, the taxpayer shall:
(I) Except as otherwise provided in this subparagraph (I), submit a fee of two
hundred fifty dollars, the plans and specifications for such proposed restoration, rehabilitation, or preservation, and a signed agreement, if any, specified in subsection (4) of this section to the appropriate reviewing entity and receive preliminary approval, in writing, from said reviewing entity stating that such proposed restoration, rehabilitation, or preservation constitutes qualified rehabilitation. In the discretion of the reviewing entity, the fee imposed pursuant to this subparagraph (I) may be reduced or eliminated when the amount of qualified costs expected to be incurred in connection with the restoration, rehabilitation, or preservation is less than fifteen thousand dollars. If any restoration, rehabilitation, or preservation has commenced prior to the submission of the application fee, plans and specifications, and signed agreement, if any, pursuant to the provisions of this subparagraph (I), the taxpayer shall also submit documentation satisfactory to the reviewing entity indicating the condition of the qualified property prior to commencement of the rehabilitation, including, but not limited to, photographs of the property and written declarations from persons knowledgeable about the property. For the purposes of this subparagraph (I), any owners of qualified property and any qualified tenants leasing said qualified property who wish to qualify for the credit provided for in paragraph (a) of subsection (1) of this section for said qualified property may jointly submit the fee and the plans and specifications, or such owners may submit the fee, the plans and specifications, and a list of qualified tenants leasing said qualified property and, if such owners or tenants have commenced restoration, rehabilitation, or preservation prior to the submission of the application fee, plans and specifications, and signed agreement, if any, pursuant to the provisions of this subparagraph (I), they shall also jointly submit such documentation as is required pursuant to this subparagraph (I).
(II) Except as otherwise provided in subsection (5) of this section, complete
the qualified rehabilitation of the qualified property within a period of twenty-four months from the date upon which preliminary approval was given pursuant to the provisions of subparagraph (I) of this paragraph (a);
(III) Obtain a form from the reviewing entity verifying compliance with the
provisions of this subsection (3). If more than one of the taxpayers have complied with the provisions of this subsection (3) for the same qualified property, the reviewing entity shall issue such verification form to each such taxpayer, and such verification form shall specify the proportion of the amount of the tax credit allowed to such taxpayer as determined pursuant to the provisions of subsection (4) of this section. The reviewing entity shall issue said verification form only upon the submittal of an accounting of total qualified costs incurred in said qualified rehabilitation and the names of the owners and qualified tenants who incurred such qualified costs, the payment of a fee in an amount determined pursuant to the provisions of paragraph (a) of subsection (11) of this section, and the making of the determination that such completed qualified rehabilitation:
(A) Conforms to the plans and specifications approved pursuant to
subparagraph (I) of this paragraph (a);
(B) Was completed within the appropriate period of time; and
(C) Preserves and maintains those qualities of such qualified property which
made it eligible for inclusion individually or as a contributing property in a district in the state register of historic places or for designation as a landmark or as a contributing property in a historic district by a certified local government.
(IV) Submit the verification form obtained pursuant to the provisions of
subparagraph (III) of this paragraph (a) with the income tax return being filed by the taxpayer for the income tax year in which such qualified rehabilitation is completed.
(b) The provisions of paragraph (a) of this subsection (3) shall not apply to
any taxpayer who is allowed a credit for costs incurred in the rehabilitation of property located in Colorado pursuant to the provisions of section 38 of the internal revenue code.
(4) When more than one taxpayer qualify for the tax credit provided for in
paragraph (a) of subsection (1) of this section for the same qualified property, the amount of the tax credit allowed pursuant to the provisions of this section shall be divided pro rata according to the number of such taxpayers unless a binding agreement has been filed with the reviewing entity, as specified in subparagraph (I) of paragraph (a) of subsection (3) of this section, that is signed by all of the taxpayers who qualify for said tax credit for the same qualified property and that specifies the manner in which the amount of the tax credit allowed is to be divided among such taxpayers. Nothing in this subsection (4) shall preclude the state income tax credit created pursuant to this section from being allocated among taxpayers in a different manner than the allocation of any credit claimed pursuant to section 38 of the internal revenue code.
(5) The reviewing entity may grant, upon request, a one-time extension of
the completion deadline specified in subparagraph (II) of paragraph (a) of subsection (3) of this section. Such extension shall be for a period not to exceed twenty-four months and shall be granted only upon a showing of good cause.
(6) (a) (I) Any taxpayer who was given preliminary approval prior to January 1,
2020, pursuant to the provisions of subparagraph (I) of paragraph (a) of subsection (3) of this section; whose completion deadline as set forth in subparagraph (II) of paragraph (a) of subsection (3) and in subsection (5) of this section is subsequent to December 31, 2019; and who has not completed the qualified rehabilitation prior to January 1, 2020, shall, in order to qualify for the credit provided for in paragraph (a) of subsection (1) of this section, obtain a form from the reviewing entity verifying compliance with the provisions of subparagraph (I) of paragraph (a) of subsection (3) of this section and this subsection (6). If more than one of the taxpayers have complied with said provisions for the same qualified property, the reviewing entity shall issue such verification form to each such taxpayer, and such verification form shall specify the proportion of the amount of the tax credit allowed to such taxpayer as determined pursuant to subsection (4) of this section.
(II) The reviewing entity shall issue said verification form only upon the
submittal of an accounting of total qualified costs incurred in said qualified rehabilitation prior to January 1, 2020, and the names of the owners and qualified tenants who incurred such qualified costs, the payment of a fee in an amount determined pursuant to the provisions of paragraph (a) of subsection (11) of this section, and the making of the determination that the portion of such qualified rehabilitation that was completed as of January 1, 2020:
(A) Conforms to the plans and specifications approved pursuant to
subparagraph (I) of paragraph (a) of subsection (3) of this section; and
(B) Preserves and maintains those qualities of such qualified property which
made it eligible for inclusion individually or as a contributing property in a district in the state register of historic places or for designation as a landmark or as a contributing property in a historic district by a certified local government.
(III) The taxpayer shall submit the verification form obtained pursuant to this
paragraph (a) with the income tax return being filed by the taxpayer for the income tax year commencing on or after January 1, 2019, but prior to January 1, 2020.
(b) (Deleted by amendment, L. 99, p. 1278, � 1, effective June 3, 1999.)
(7) (a) Except as otherwise provided in paragraph (b) of this subsection (7), if
the amount of the credit allowed pursuant to the provisions of this section exceeds the amount of income taxes otherwise due on the income of the taxpayer in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in said income tax year may be carried forward as a credit against subsequent years' income tax liability for a period not exceeding ten years and shall be applied first to the earliest income tax years possible. Any amount of the credit that is not used after said period shall not be refundable to the taxpayer.
(b) Any taxpayer who has refunded an amount pursuant to the provisions of
subsection (8) of this section shall no longer be eligible to carry forward any amount of the credit which had not been used as of the date such refund is made.
(8) Notwithstanding any other law to the contrary, if any taxpayer who is the
owner of qualified property and who has claimed the credit pursuant to the provisions of this section sells such qualified property within five years of the completion of the qualified rehabilitation or if any taxpayer who is a qualified tenant leasing qualified property and who has claimed the credit pursuant to the provisions of this section terminates the lease of such qualified property within five years of the completion of the qualified rehabilitation, the taxpayer shall refund the amount of the credit which has been used to offset income taxes which exceeds the following amounts:
(a) Within the first year, an amount equal to zero percent of the amount of
the credit allowed;
(b) Within the second year, an amount equal to twenty percent of the amount
of the credit allowed;
(c) Within the third year, an amount equal to forty percent of the amount of
the credit allowed;
(d) Within the fourth year, an amount equal to sixty percent of the amount of
the credit allowed;
(e) Within the fifth year, an amount equal to eighty percent of the amount of
the credit allowed.
(9) Within eight months after April 20, 1990, the state historical society shall
create appropriate forms and shall establish and promulgate criteria and procedures by which the restoration, rehabilitation, and preservation of qualified properties shall be determined to be qualified rehabilitation for the purposes of the credit provided for in paragraph (a) of subsection (1) of this section.
(10) (a) Each certified local government shall adopt a resolution stating
whether such certified local government will act as a reviewing entity for the purposes of subsections (3) and (6) of this section. A copy of such resolution shall be sent to the state historic preservation officer.
(b) Any certified local government which has decided to act as a reviewing
entity for any given year for the purposes of subsections (3) and (6) of this section shall be required to perform all duties and responsibilities pursuant to said subsections (3) and (6) for all qualified rehabilitations which received preliminary approval from said reviewing entity during such year.
(11) (a) The amount of the fee required to be paid pursuant to the provisions
of subparagraph (III) of paragraph (a) of subsection (3) and subparagraph (II) of paragraph (a) of subsection (6) of this section shall be an amount equal to the appropriate amount determined pursuant to the following schedule minus the amount of the fee paid pursuant to subparagraph (I) of paragraph (a) of subsection (3) of this section; except that, in the discretion of the reviewing entity, the fee imposed pursuant to this paragraph (a) may be reduced or eliminated where the amount of the qualified costs incurred is less than fifteen thousand dollars:
Amount of qualified costs incurredAmount of fee
$5,000 up to and including $15,000$ 250
Over $15,000 up to and including $50,000$ 500
Over $50,000 up to and including $100,000$ 750
Over $100,000$ 1,000
(b) (I) Any certified local government which has decided to act as a reviewing
entity for the purposes of subsections (3) and (6) of this section shall create a preservation fund. All fees collected pursuant to the provisions of subparagraphs (I) and (III) of paragraph (a) of subsection (3) and subparagraph (II) of paragraph (a) of subsection (6) of this section by a certified local government shall be credited to the preservation fund of such certified local government. The moneys in such fund shall be used for expenditures of such certified government incurred in the performance of its duties pursuant to the provisions of this section.
(II) All fees collected pursuant to the provisions of subparagraphs (I) and (III)
of paragraph (a) of subsection (3) and subparagraph (II) of paragraph (a) of subsection (6) of this section by the state historic preservation officer shall be transmitted to the state treasurer, who shall credit said fees to the state historic preservation fund, which fund is hereby created. The moneys in the state historic preservation fund shall be subject to annual appropriation by the general assembly to the state historical society for expenditures of the state historic preservation officer and the state historical society incurred in the performance of their duties pursuant to the provisions of this section and for expenditures incurred in the administration and general operations of the state historical society.
(11.5) Notwithstanding the amount specified for any fee in this section, the
executive director by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
(11.7) (a) If the revenue estimate prepared by the staff of the legislative
council in December 2010 and each December thereafter indicates that the amount of the total general fund revenues for that particular fiscal year will not be sufficient to grow the total state general fund appropriations by six percent over such appropriations for the previous fiscal year, then the credit authorized in this section shall not be allowed for any income tax year commencing during the calendar year following the year in which the estimate is prepared; except that any taxpayer who would have been eligible to claim a credit pursuant to this section in the income tax year in which the credit is not allowed shall be allowed to claim the credit earned in such income tax year in the next income tax year in which the estimate indicates that the amount of the total general fund revenues will be sufficient to grow the total state general fund appropriations by six percent over such appropriations for the previous fiscal year.
(b) The department of revenue shall, through its website, specify on or
before January 1, 2011, and on or before each January 1 thereafter, whether the credit authorized in this section shall be allowed for a given income tax year pursuant to paragraph (a) of this subsection (11.7).
(12) As used in this section, unless the context otherwise requires:
(a) Certified local government means any local government certified by the
state historic preservation officer pursuant to the provisions of 54 U.S.C. sec. 302502, as amended.
(b) Contributing property means property which by location, design,
setting, materials, workmanship, feeling, and association adds to the sense of time, place, and historical development of a historic district.
(c) Designated means established by local preservation ordinance.
(d) Property means a building or structure or a unit of a multiunit building
where such units are individually owned.
(e) Qualified costs means costs associated with the qualified rehabilitation
of a qualified property. Qualified costs includes, but is not limited to, costs associated with demolition, carpentry, sheetrock, plaster, painting, ceilings, fixtures, doors and windows, fire sprinkler systems, roofing and flashing, exterior repair, cleaning, tuckpointing, and cleanup. Qualified costs does not include costs, commonly referred to as soft costs, which include, but are not limited to, costs associated with appraisals; architectural, engineering, and interior design fees; legal, accounting, and realtor fees; loan fees; sales and marketing; closing; building permit, use, and inspection fees; bids; insurance; project signs and phones; temporary power; bid bonds; copying; and rent loss during construction. Qualified costs also does not include, but shall not be limited, costs associated with acquisition; interior furnishings; new additions except as may be required to comply with building and safety codes; excavation; grading; paving; landscaping; routine or periodic maintenance; repairs to outbuildings which are associated with a qualified property and which are less than fifty years old; and repairs to additions made to a qualified property after such property was included individually or as a contributing property in a district in the state register of historic places or was designated as a landmark or as a contributing property in a historic district by a certified local government.
(f) Qualified property means property located in Colorado which is:
(I) At least fifty years old; and
(II) (A) Listed individually or as a contributing property in a district on the
state register of historic properties pursuant to the provisions of article 80.1 of title 24, C.R.S.;
(B) Designated as a landmark by a certified local government; or
(C) Listed as a contributing property within a designated historic district of a
certified local government.
(g) Qualified rehabilitation means any exterior improvements, structural
improvements, mechanical improvements, plumbing improvements, or electrical improvements undertaken to restore, rehabilitate, or preserve the historic character of a qualified property which meets the standards of rehabilitation of the United States secretary of the interior as adopted by the state historic preservation officer and certified local governments pursuant to federal law; but shall not include any improvements undertaken due to normal wear and tear which occurred to a qualified property. As used in this paragraph (g), exterior improvements includes, but is not limited to, improvements made to the exterior of the qualified property and to the exterior of any historic outbuildings which are associated with the qualified property and which are fifty or more years old. Exterior improvements does not include enlargements, additions, landscaping, routine or periodic maintenance, paving, and site work.
(h) Qualified tenant means a taxpayer who holds a lease of five years or
longer on qualified property or a portion of such qualified property.
(i) Reviewing entity means:
(I) A certified local government which has decided pursuant to the provisions
of paragraph (a) of subsection (10) of this section to perform the duties specified in subparagraph (I) of paragraph (a) of subsection (3) of this section; or
(II) The state historic preservation officer when such qualified property either
is not located within the jurisdiction of any certified local government or is located within the jurisdiction of any certified local government who has decided pursuant to the provisions of paragraph (a) of subsection (10) of this section not to perform the duties specified in subparagraph (I) of paragraph (a) of subsection (3) of this section.
(j) State historic preservation officer means the person designated and
appointed pursuant to the provisions of 54 U.S.C. sec. 302301, as amended.
(k) Taxpayer means:
(I) A resident individual; or
(II) A domestic or foreign corporation subject to the provisions of part 3 of
this article.
Source: L. 90: Entire section added, p. 1730, � 1, effective April 20. L. 94: (1)(a)
and (6)(a) amended, p. 1369, � 1, effective May 25. L. 98: (11.5) added, p. 1347, � 82, effective June 1. L. 99: IP(1)(a), (2), IP(3)(a), (3)(a)(I), (4), (6), (7)(a), (10)(a), and (11)(a) amended, p. 1278, � 1, effective June 3. L. 2008: IP(1)(a), (6)(a)(I), IP(6)(a)(II), (6)(a)(III), and (10)(a) amended and (11.7) added, p. 2266, � 1, effective August 5. L. 2009: (11.7)(a) amended, (SB 09-228), ch. 410, p. 2265, � 19, effective July 1; (6)(a)(I) amended, (SB 09-292), ch. 369, p. 1980, � 114, effective August 5. L. 2024: (12)(a) and (12)(j) amended, (HB 24-1450), ch. 490, p. 3425, � 78, effective August 7.
Cross references: For additional funding by the general assembly to the
state historical society, see � 24-80-202.5.
C.R.S. § 39-22-551
39-22-551. Industrial clean energy tax credit - tax preference performance statement - definitions - report - repeal. (1) (a) In accordance with section 39-21-304 (1), which requires each bill that creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly finds and declares that the purpose of the tax credit provided for in this section is to induce certain designated behavior by taxpayers and to provide a reduction in income tax liability for certain businesses or individuals by allowing an owner of an industrial facility to receive a credit against income tax for the costs associated with conducting industrial studies or for implementing a plan to put into service greenhouse gas emissions reduction improvements.
(b) The general assembly and the state auditor shall measure the
effectiveness of the credit in achieving the purposes specified in subsection (1)(a) of this section based on the information required and reported by the office pursuant to subsection (10)(b) of this section, and based on the number and value of the credits claimed.
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) Applicable percentage means thirty percent, except as provided in
subsection (3)(b)(II) of this section.
(b) Certified greenhouse gas emissions reduction improvements means
greenhouse gas emissions reduction improvements to a qualified industrial facility that have been certified by the office as meeting the standards of the office.
(c) Colorado energy office or office means the Colorado energy office
created in section 24-38.5-101.
(d) Department means the department of revenue.
(e) Greenhouse gas emissions reduction improvements means
improvements that help to measurably reduce greenhouse gas emissions. Greenhouse gas emissions reduction improvements may include one or more of the following equipment purchases, improvements, retrofits, or investments:
(I) Replacing fossil-fuel-powered off-road equipment such as forklifts and
construction equipment with electric equipment;
(II) Replacing fossil-fuel-fired equipment for space or water heating or
industrial process heating with high-efficiency electric equipment;
(III) Replacing fossil-fuel-fired or compressed air-driven industrial process
equipment with high-efficiency electric equipment;
(IV) Placing in service advanced refrigeration systems that reduce
greenhouse gas emissions;
(V) Placing in service electric charging infrastructure for electric vehicles at
an industrial facility;
(VI) Placing in service waste heat recovery technology;
(VII) Upgrading or implementing energy monitoring systems;
(VIII) Installing high efficiency electric pumps, motors, compressors, and
lighting;
(IX) Installing variable volume or load efficiency equipment;
(X) Installing carbon capture equipment which provides supporting
information that demonstrates a net reduction in greenhouse gas emissions when accounting for energy-related emissions released to operate the carbon capture equipment and provides a permanent durable carbon storage plan; except that the captured carbon may not be used for enhanced oil recovery;
(XI) Installing equipment used for collection of biomethane;
(XII) Replacing fossil-fuel-fired equipment with hydrogen fueled equipment;
(XIII) Installing hydrogen fueling stations for fuel cell vehicles at industrial
facilities;
(XIV) Converting fossil-fuel-powered pumps, compressors, and controllers to
compressed air-driven or electric-driven pumps, compressors, and controllers;
(XV) Installing onsite energy storage;
(XVI) Installing or upgrading to utility service feed equipment to directly
support the implementation of any of the electrification improvements set forth in this subsection (2)(e);
(XVII) Placing in service carbon management systems including direct air
capture and other forms of carbon dioxide removal;
(XVIII) Material substitutions within industrial processes to reduce industrial
process greenhouse gas emissions by a minimum of fifteen percent when compared to existing production practices;
(XVIII.5) For income tax years commencing on or after January 1, 2026,
embodied carbon investments, which are investments in the production of eligible materials, as defined in section 24-92-118 (2)(b), that result in the reduction of the eligible materials' cradle-to-gate embodied emissions, as established in policies created by the Colorado energy office, created in section 24-38.5-101, and in consultation with the office of the state architect. To qualify as an embodied carbon investment, an investment must result in a fifteen percent or greater reduction in cradle-to-gate embodied emissions of the eligible materials when compared to the eligible materials' cradle-to-gate baseline as established in standards and guidelines created by the Colorado energy office and in consultation with the office of the state architect. A cradle-to-gate measurement or baseline considers the life cycle stages for a product including, but not limited to, the raw material extraction and processing related to the product, and the transport to the manufacturer and manufacturing of the product.
(XIX) Other similar purchases and improvements identified and set forth in
the standards developed by the office pursuant to subsection (4) of this section that result in at least a twenty percent reduction in greenhouse gas emissions when compared to current technology, equipment, or production processes being deployed by the owner.
(f) Greenhouse gas emissions reduction plan or plan means project
implementation plans or specifications for the proposed greenhouse gas emissions reduction improvements to a qualified industrial facility that are sufficiently detailed to enable the office to evaluate whether the improvements are in compliance with the standards developed under this section and whether the plan will measurably reduce greenhouse gas emissions at a qualified industrial facility. The plan must include, but is not limited to, a property address, legal description, or other specific location of the industrial facility, and must include information on the estimated costs for the proposed greenhouse gas emissions reduction improvements.
(g) (I) Industrial facility means any real property in the state, and the
machinery or equipment on the real property, where the principal trade or business activity is the mechanical or chemical transformation of organic or inorganic substances into new products, characteristically using power-driven machines and materials handling equipment.
(II) Industrial facility does not include a landfill, an electric utility subject to
regulation by the public utilities commission, or an upstream or mid-stream oil and gas operation.
(h) Industrial process greenhouse gas emissions means greenhouse gas
emissions that occur as a result of the chemical or physical transformation of process input materials.
(i) Industrial study means an energy and emissions audit, a feasibility
study, a pre-front-end or a front-end engineering design study that meets or exceeds the standards established by the office, or any other industrial studies as outlined in program standards adopted by the office.
(j) Owner means a person or developer of a project to be implemented at a
qualified industrial facility subject to tax under this article 22 who applies for and claims the credit allowed by this section.
(3) Availability of credit and amount. (a) For income tax years commencing
on or after January 1, 2024, but prior to January 1, 2033, there shall be allowed a credit with respect to the income taxes imposed pursuant to this article 22 to the owner of a qualified industrial facility in an amount equal to:
(I) The applicable percentage of the costs paid and approved by the office
for completing an industrial study during the tax year in which the credit is claimed; except that the credit cannot be claimed in an amount exceeding one million dollars; or
(II) The applicable percentage of the capital costs paid by the owner, not
including the cost for design, and approved by the office for certified greenhouse gas emissions reduction improvements that are placed in service during the tax year in which the credit is claimed; except that the credit must be claimed in an amount that is not less than seventy-five thousand dollars and does not exceed eight million dollars.
(b) (I) If the office approves the owner's industrial study or greenhouse gas
emissions reduction plan and reserves credits under subsection (6) of this section, the office shall apply the applicable percentage of the costs paid for completing an industrial study or the capital costs paid for greenhouse gas emissions reduction improvements to calculate the amount of the credit that the owner will receive for the tax year in which the industrial study is completed or the greenhouse gas emissions reduction improvements are placed in service.
(II) The office may on a case by case basis determine that the applicable
percentage may be increased to an amount not to exceed fifty percent upon request by an owner for greenhouse gas emissions reduction improvements that have significant potential to significantly advance reductions in greenhouse gas emissions but may not be in the commercial stage of development. In evaluating such a request, the office may use United States department of energy technology readiness level criteria, scientific literature detailing potential decarbonization impacts of proposed technology, or subsequent literature on technology results to date to determine whether the requested increase of the applicable percentage sufficiently satisfies the office's criteria to justify the increase.
(c) An owner that claims the credit allowed by this section cannot, for the
same greenhouse gas emission reduction improvements:
(I) Claim the credit allowed by section 39-30-104; or
(II) Receive grant money under the industrial and manufacturing operations
clean air grant program created in section 24-38.5-116 (3)(a).
(4) Office to develop standards. (a) The office shall develop standards for
the approval of industrial facilities as qualified industrial facilities for which a tax credit under this section is allowed to an owner.
(b) The office shall develop standards for the approval of industrial studies,
for the approval of an industrial facility owner's greenhouse gas emissions reduction plan, for certifying greenhouse gas emissions reduction improvements, including verification of reduction in greenhouse gas emissions, and for reviewing the cost certifications for the costs of the industrial study and the costs related to the implementation of a greenhouse gas emissions reduction improvements plan. The standards that are adopted pursuant to this subsection (4)(b), must provide that a plan propose greenhouse gas emissions reduction improvements that lead to direct reductions through project implementation.
(c) Any standards developed by the office under this subsection (4) must be
posted on the office's website.
(d) The office may annually review and update as necessary standards
adopted pursuant to this subsection (4).
(5) Application and industrial study or plan submission. (a) An owner that
intends to claim a credit pursuant to subsection (3)(a)(I) of this section shall submit to the office an application on a form prescribed by the office and any documentation that the office requires to demonstrate the anticipated completion of an industrial study in the current or in a future tax year, including the cost of the industrial study and the amount of credit requested.
(b) An owner that intends to claim a tax credit pursuant to subsection
(3)(a)(II) of this section shall submit to the office an application and plan as set forth in the standards developed by the office. The office shall prescribe a form for the application, which must include a place for owners to provide the following information:
(I) Detailed estimates of the capital costs for the proposed greenhouse gas
emissions reduction improvements;
(II) Estimates of expected energy consumption avoided by the use of the
greenhouse gas emissions reduction improvements;
(III) Estimated timing for the greenhouse gas emissions reduction
improvements to be placed into service;
(IV) For carbon management projects, net reductions in greenhouse gas
emissions;
(V) Estimated dollar savings;
(VI) Estimated dollars leveraged, including any private investment, state
grant funding, and federal grants or tax credits;
(VII) The type and age of equipment being replaced, if applicable;
(VIII) The type and estimated life span of new equipment, if applicable;
(IX) The amount of credit requested; and
(X) Any other information as specified in the standards set forth by the
office.
(c) (I) The office shall accept applications through June 30, 2024, and semi-annually through each December 31 and June 30 thereafter, through June 30, 2032.
(II) (A) The office shall review applications and documentation related to
industrial studies to be conducted or plans for greenhouse gas emissions reduction improvements at a qualified industrial facility to determine that the application, documentation, and plan, if applicable, are complete and in compliance with the requirements of this section and the standards established by the office.
(B) If the office determines that the application, documentation, and plan, if
applicable, are complete and in compliance, the office shall add the application to an evaluation pool for the application period.
(C) If the office determines that the application is incomplete or that it does
not comply with the requirements of this section or the standards established by the office, the office shall remove the application from the review process and notify the owner in writing of its decision. An owner may resubmit a disapproved application, documentation, and plan, if applicable, to be evaluated in a future application period.
(6) Merit-based review and reservation of credits. (a) (I) For each
application period, the office shall conduct a merit-based evaluation of the applications that have been placed in the evaluation pool pursuant to subsection (5)(c)(II)(B) of this section. The office shall complete its review, and award reservations, within ninety days after the end of the application period.
(II) Based upon the totality of the factors set forth in subsection (6)(c) of this
section, the office may adjust the applicable percentage as provided in subsection (3)(b)(II) of this section and reserve for the benefit of each owner all, part, or none of the credit amount requested by the owner; except that the office shall not reserve an amount in excess of the credit allowed by subsection (3)(a) of this section, and the aggregate amount of credits reserved for all owners may not exceed the reservation limits set forth in subsection (8) of this section.
(III) The office may reserve credits for the current or any future tax year
based upon the anticipated completion or in service date indicated in the application; except that credits may not be reserved for an industrial study completed or for greenhouse gas emissions reduction improvements placed in service prior to the end of the application period. The office shall not reserve tax credits for any tax year beginning on or after January 1, 2033.
(b) (I) If the office reserves credits for the benefit of an owner under
subsection (6)(a) of this section, the office shall notify the owner of the reservation and the amount reserved. The reservation of tax credits does not entitle the owner to an issuance of any tax credit certificates until the owner complies with all of the requirements specified in this section, or by the office, for the issuance of a tax credit certificate.
(II) The office shall notify any owner for which it reserved no credit under
subsection (6)(a) of this section of its decision in writing.
(III) If the office reserves less than the full amount of credit requested by the
owner, the owner may submit a new application for the remaining balance up to the amount of credit allowed by subsection (3)(a) of this section in a future application period.
(c) (I) In conducting the merit-based review pursuant to subsection (6)(a) of
this section, the office shall consider the factors set forth in this subsection (6)(c) in addition to any other factors the office may establish in its guidelines. The office may weigh the factors equally or differently.
(II) The office shall:
(A) Consider additional resources leveraged by the owner to conduct the
industrial study or implement the plan; and
(B) Prioritize the location of the industrial facility that is the subject of the
industrial study or the plan, in particular if the location is in a disproportionately impacted community or within a non-attainment area.
(III) In addition to the factors set forth in subsection (6)(c)(II) of this section,
for an application that is requesting a reservation of credit for the credit allowed pursuant to subsection (3)(a)(II) of this section, the office shall also consider:
(A) The annual greenhouse gas emissions reduction impact, considering both
the total impact and the per dollar impact for the amount of credit requested to be reserved;
(B) Any co-benefits of a project that will implement the plan with
prioritization given to projects that limit the amount of pollutants emitted by emerging technologies, including projects that include electrification and use of renewable electricity;
(C) The readiness of a greenhouse gas emissions reduction improvement
that will be implemented by the plan; and
(D) The innovative nature of the plan and proposed greenhouse gas
emissions reduction improvements.
(7) Proof of compliance - audit of cost certification - issuance of tax credit
certificate. (a) Any owner receiving a reservation of tax credits under subsection (6) of this section for credits allowed pursuant to subsection (3)(a) of this section shall complete the approved industrial study or put the approved greenhouse gas emissions reduction improvements identified in the plan in service during the tax year for which the reservation is approved. When the approved industrial study is complete or the approved greenhouse gas emissions reduction improvements are placed in service, the owner shall notify the office of the completion of the industrial study or plan and shall provide the office with a cost certification of the costs for the approved industrial study or approved greenhouse gas emissions reduction improvements. The cost certification must be audited by a licensed certified public accountant that is not affiliated with the owner. The office shall review the cost certification and verify that it satisfies the information provided in the owner's application, including, if applicable, the plan, within ninety days after receipt of the cost certification. If the office determines that the industrial study is complete or that the plan is complete and that the greenhouse gas emissions reduction improvements have been placed in service, and the office approves the cost certification, the office shall issue a tax credit certificate in the amount allowed pursuant to subsection (3) of this section.
(b) Notwithstanding subsection (7)(a) of this section, the total amount of the
initial tax credit certificate issued for an industrial study or certified greenhouse gas emissions reduction improvement must not exceed the amount of the tax credit reservation approved pursuant to subsection (6)(a) of this section.
(c) If the amount of certified costs incurred by the owner would result in an
owner being issued an amount that exceeds the amount of tax credit reserved for the owner under subsection (6) of this section, the owner may apply to the office for the issuance of an amount of tax credits that equals the excess. The owner shall submit its application for issuance of such excess tax credits on a form prescribed by the office. The office shall review the application for an additional tax credit amount in the same manner it reviews all other applications and in accordance with subsection (6)(a) of this section. Subject to the availability of tax credits for the application period during which the owner applies for the additional credit award pursuant to this subsection (7)(c), the office may approve the application and shall issue a separate certificate.
(8) Limit on aggregate amount of tax credits available to be reserved. (a)
For the application period ending June 30, 2024, and for each semi-annual application period commencing on or after July 1, 2024, but before July 1, 2028, the aggregate amount of all tax credits that may be reserved under subsection (6)(a) of this section and awarded under subsection (7)(c) of this section must not exceed eight million dollars. For application periods commencing on or after July 1, 2028, but before July 1, 2032, the aggregate amount of all tax credits that may be reserved under subsection (6)(a) of this section must not exceed twelve million dollars.
(b) Notwithstanding the provisions of subsection (8)(a) of this section, the
office may increase the periodic aggregate amount of tax credits available for the application period ending June 30, 2024, and for any semi-annual application period commencing on or after July 1, 2024, but before July 1, 2028. If so increased, the office shall decrease accordingly the amount of tax credits available for the application periods commencing on or after July 1, 2028, but before July 1, 2032.
(c) Notwithstanding the provisions of subsection (8)(a) of this section, if the
aggregate amount of all tax credits reserved pursuant to subsection (6)(a) of this section and awarded pursuant to subsection (7)(c) of this section for an application period is less than the amount available under subsections (8)(a) and (8)(b) of this section, then the aggregate amount of all tax credits that may be reserved and awarded in the next application period is increased by the unreserved and unawarded amount.
(9) The office shall, in a sufficiently timely manner to allow the department
to process returns claiming the income tax credit allowed in this section, provide the department with an electronic report of each owner to which the office has issued a tax credit certificate, as allowed in subsection (7) of this section, for the preceding tax year that includes the following information:
(a) The taxpayer's name;
(b) The amount of the credit; and
(c) The taxpayer's social security number or the taxpayer's Colorado account
number and federal employer identification number.
(10) Guidelines. (a) In addition to the standards that the office is required to
establish pursuant to subsection (4) of this section, the office may establish guidelines to implement this section. All guidelines established by the office must be posted on the office's website.
(b) The office shall maintain a database of any information necessary to
evaluate the effectiveness of the tax credit allowed in this section in meeting the purpose set forth in subsection (1)(a) of this section and shall provide this information and any other information requested, if available, to the state auditor as part of the state auditor's evaluation of this tax expenditure required by section 39-21-305. Information provided by the office to the state auditor may include approved industrial studies or approved plans for greenhouse gas emissions reduction improvements.
(11) In order to claim the credit authorized by this section, the owner shall file
the tax credit certificate with the owner's state income tax return. The amount of the credit that the owner may claim under this section is the amount stated on the tax credit certificate.
(12) (a) An owner shall submit a report to the office by the end of the first
month after the end of any income tax year in which the owner received a tax credit under this section and shall annually submit a report for three years thereafter verifying the greenhouse gas emissions reduction improvements are, notwithstanding circumstances evaluated and determined by the office to be justified, in use at the location identified in the owner's application for a tax credit certificate and remain owned by the owner.
(b) If an owner was allowed a credit under this section and fails to
demonstrate the greenhouse gas emissions reduction improvements are, notwithstanding circumstances evaluated and determined by the office to be justified, in use at the location identified in the owner's application for a tax credit certificate or are owned by the owner in any of the three taxable years immediately following the taxable year in which the greenhouse gas emissions reduction improvements were placed in service, the office shall notify the department in writing that the credit allowed in this section must be disallowed for that owner. The owner shall add the amount of the disallowed credit to its return as a recaptured credit for the tax year in which the credit is disallowed pursuant to this subsection (12).
(13) If a credit authorized by this section exceeds the income tax due on the
income of the owner for the taxable year, the excess credit may not be carried forward and must be refunded to the owner.
(14) This section is repealed, effective December 31, 2038.
Source: L. 2023: Entire section added, (HB 23-1272), ch. 167, p. 776, � 5,
effective May 11. L. 2024: IP(2)(e), (2)(i), (2)(j), (3)(a)(II), and (3)(c) amended, (SB 24-214), ch. 191, p. 1100, � 15, effective May 17. L. 2025: IP(2)(e) and (2)(e)(XVIII) amended and (2)(e)(XVIII.5) added, (SB 25-182), ch. 277, p. 1442, � 3, effective August 6.
Cross references: For the legislative declaration in HB 23-1272, see section 1
of chapter 167, Session Laws of Colorado 2023. For the legislative declaration in SB 25-182, see section 1 of chapter 277, Session Laws of Colorado 2025.
C.R.S. § 39-22-552
39-22-552. Tax credit for expenditures made in connection with a geothermal energy project - tax preference performance statement - legislative declaration - definitions - repeal. (1) (a) In accordance with section 39-21-304 (1), which requires each bill that creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly finds and declares that the purpose of the tax credit provided in this section is to induce certain designated behavior by taxpayers and to provide a reduction in income tax liability for certain businesses or individuals by providing a financial incentive for the development of thermal energy networks and electricity generation from geothermal sources.
(b) The general assembly and the state auditor shall measure the
effectiveness of the credit in achieving the purpose specified in subsection (1)(a) of this section based on the number and value of the credits claimed.
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) (I) Applicable amount means, except as provided in subsection (2)(a)(II)
of this section, an amount of tax credit not to exceed thirty percent of a qualified expenditure by an eligible taxpayer that is allowed pursuant to this section as set by the office in accordance with subsection (4)(c) of this section.
(II) The office may, on a case-by-case basis, determine that the applicable
amount may be increased to an amount not to exceed fifty percent of a qualified expenditure by an eligible taxpayer if the office determines that a geothermal energy project has significant potential to result in geothermal electricity production or technological demonstration of geothermal electricity production.
(b) Approved geothermal energy project means a geothermal energy
project that has been approved to receive qualified expenditures by the office pursuant to the standards developed by the office in accordance with subsection (5) of this section.
(c) Colorado energy office or office means the Colorado energy office
created in section 24-38.5-101.
(d) Department means the department of revenue.
(e) Eligible taxpayer means any of the following people or entities that
made a qualified expenditure:
(I) A person engaged in a trade or business that is subject to tax pursuant to
this article 22;
(II) A person or political subdivision of this state that is exempt from tax
pursuant to section 39-22-112 (1); or
(III) A tribal government.
(f) Geothermal electricity project or project means a project in the state
that is intended to evaluate and develop a geothermal resource for the purpose of electricity production, that meets the standards developed pursuant to subsection (5) of this section, and that involves any of the following:
(I) The exploration and development of wells;
(II) Drilling exploration and confirmation wells;
(III) The use of any heat extracted with produced fluids in an oil and gas
operation if the heat is only utilized to reduce emissions from the operation in the same location as the well from which it was produced and would otherwise not be economically feasible as a stand-alone geothermal energy project;
(IV) Drilling injection wells;
(V) Flow testing;
(VI) Reservoir engineering;
(VII) Geothermal energy storage;
(VIII) Coproduction of geothermal energy, including for industrial uses or
thermal energy networks;
(IX) Power generation equipment; or
(X) Studies to identify and explore resources that may be suitable for
geothermal electricity generation and may include hydrogen generation or utilization of direct air capture technology.
(f.5) Geothermal energy project means a geothermal electricity project,
thermal energy network, or a thermal energy network study.
(g) Qualified expenditure means the total monetary cost approved by the
office and expended on or after January 1, 2024, but before January 1, 2033, by an eligible taxpayer in connection with an approved geothermal energy project in the tax year for which the credit allowed in this section is claimed.
(h) Thermal energy network has the same meaning as set forth in section
39-22-554 (2)(n).
(i) Thermal energy network study means an energy and emissions scoping
study, a feasibility study, an investment grade energy audit, a detailed engineering design, or a combination of these options that meets or exceeds the standards established by the office.
(j) Tribal government means a federally recognized Indian tribe, including
its business operations and wholly owned entities, with reservation lands within the state of Colorado or operating within the state.
(3) (a) For income tax years commencing on or after January 1, 2024, but
before January 1, 2033, an eligible taxpayer that makes a qualified expenditure is allowed a credit against the tax imposed under this article 22 in the applicable amount and subject to the limitations set forth in subsection (3)(b) of this section.
(b) An eligible taxpayer is not allowed a tax credit pursuant to this section in
an aggregate amount of more than five million dollars in tax credits for all income tax years for which the tax credit may be claimed pursuant to this section per approved geothermal energy project.
(4) (a) An eligible taxpayer shall submit an application in a form and manner
determined by the office for a tax credit certificate for the credit allowed in this section. The application must include:
(I) Information sufficient for the office to evaluate the geothermal energy
project for which the eligible taxpayer proposes making an expenditure and to approve the project if the project has not been previously approved by the office;
(II) Information related to the specific costs associated with the proposed
expenditure;
(III) Estimated timing for the proposed expenditure to be made by the
eligible taxpayer;
(IV) The amount of credit requested; and
(V) Any other information as specified in the standards set forth by the
office.
(b) (I) The office shall accept applications through June 30, 2024, and semi-annually through each December 31 and June 30 thereafter, through June 30, 2032.
(II) (A) The office shall review applications and documentation provided
pursuant to subsection (4)(a) of this section to determine whether the application and documentation are complete and in compliance with the requirements of this section and the standards established by the office.
(B) If the office determines that the application and documentation are
complete and in compliance with the requirements of this section and the standards established by the office, the office shall add the application to the evaluation pool for the application period.
(C) If the office determines that the application or documentation, or both,
are not complete or do not comply with the requirements of this section or the standards established by the office, the office shall remove the application from the review process and notify the taxpayer in writing of its decision. A taxpayer may resubmit a disapproved application and documentation to be evaluated in a future application period.
(c) (I) (A) For each application period, the office shall conduct a merit-based
evaluation of the application in the evaluation pool. The office shall complete its review and award reservations within ninety days after the end of the application period.
(B) Based upon the totality of the factors set forth in subsection (4)(d) of this
section and based on considerations required for geothermal energy projects as set forth in subsection (5) of this section, which the office may weigh equally or differently, the office shall determine an applicable amount of credit that may be reserved for the benefit of the eligible taxpayer which may be all, part, or none of the credit amount requested in the eligible taxpayer's application; except that the office shall not reserve an amount in excess of the limitations set forth in subsection (3)(b) of this section, and the aggregate amount of credits reserved for all owners must not exceed thirty-five million dollars for all taxpayers in all years the credit is allowed.
(C) The office may reserve credits for the current or any future tax year
based upon the anticipated timing of the expenditure; except that credits may not be reserved for an expenditure that is made prior to the end of the application period. The office shall not reserve credits for any tax year beginning on or after January 1, 2033.
(II) (A) If the office reserves credits for the benefit of an eligible taxpayer
pursuant to subsection (4)(c)(I) of this section, the office shall notify the owner of the reservation and the amount reserved.
(B) The office shall notify any taxpayer for which it reserved no credit
pursuant to subsection (4)(c)(I) of this section of its decision in writing.
(C) If the office reserves less than the full amount of credit requested by the
taxpayer, the taxpayer may submit a new application for the remaining balance up to the limitation of the credit set forth in subsection (3)(b) of this section.
(d) In conducting the merit-based review pursuant to subsection (4)(c) of this
section, the office shall consider the following factors in addition to any other factors that the office may establish in its standards:
(I) The workforce development and geothermal sector growth that the
expenditure in the project will promote, including supporting workforce transition;
(II) Whether the project the expenditure is made in connection with
demonstrates effective and unique technology and circumstances that are supported by public outreach and education;
(III) Demonstration of community resilience through utilization of geothermal
energy in support of building heating and cooling decarbonization or enhancement of electric grid resiliency, including for dispatchability and energy storage, especially for rural or isolated communities; and
(IV) Whether the project the expenditure is made in connection with serves a
disproportionately impacted community or a just transition community or is within a non-attainment area.
(e) The reservation of tax credits does not entitle an eligible taxpayer to an
issuance of any credits until the eligible taxpayer provides the office with any documentation required by the office and a cost certification of the expenditure made in connection with an approved geothermal energy project during the tax year in which the reservation is approved. The cost certification must be audited by a licensed public accountant that is not affiliated with the eligible taxpayer. The office shall review the cost certification to verify that it satisfies the information provided in the eligible taxpayer's application. If the office determines that the eligible taxpayer made a qualified expenditure, the office shall issue a tax credit certificate in the applicable amount.
(5) The office shall develop standards for the implementation of the tax
credit allowed pursuant to this section. Any standards developed by the office must be posted on the office's website. At a minimum, the standards must provide for the evaluation and approval of geothermal energy projects and require the office to consider whether the project:
(a) Demonstrates technology to further the adoption of clean, firm carbon-free electricity derived from geothermal energy in the state;
(b) Supports replicable, cost-effective reduction outcomes to stimulate the
geothermal sector or otherwise expand geothermal energy capacity in the state; and
(c) Directly, or through technological demonstration evaluated and approved
by the office, will lead to measurable greenhouse gas reduction outcomes for the state.
(6) (a) The office shall maintain a database of any information necessary to
evaluate the effectiveness of the tax credit allowed in this section in meeting the purpose set forth in subsection (1)(a) of this section and shall provide such information, and any other information that may be needed, if available, to the state auditor as part of the state auditor's evaluation of this tax expenditure required by section 39-21-305.
(b) The office shall, in a sufficiently timely manner to allow the department
to process returns claiming the income tax credit allowed in this section, provide the department with an electronic report of each eligible taxpayer to which the office issued a tax credit certificate for the preceding tax year that includes the following information:
(I) The taxpayer's name;
(II) The amount of the credit; and
(III) The taxpayer's social security number or the taxpayer's Colorado
account number and federal employer identification number.
(7) An eligible taxpayer that claims the credit allowed by this section may
not claim the credit allowed by section 39-30-104 for the same project.
(8) In order to claim the credit authorized by this section, an eligible taxpayer
shall file the tax credit certificate with the qualified entity's state income tax return and, if the eligible taxpayer is exempt from tax pursuant to section 39-22-112 (1), the eligible taxpayer shall file a return pursuant to section 39-22-601 (7)(b). The amount of the credit that the eligible taxpayer may claim pursuant to this section is the amount stated on the tax credit certificate.
(9) If a credit authorized in this section exceeds the income tax due on the
income of the eligible taxpayer for the taxable year, the excess credit may not be carried forward and must be refunded to the eligible taxpayer.
(10) This section is repealed, effective December 31, 2038.
Source: L. 2023: Entire section added, (HB 23-1272), ch. 167, p. 785, � 6,
effective May 11. L. 2024: (1)(a), (2)(e), IP(2)(f), (2)(f)(VIII), and (2)(f)(IX) amended and (2)(f)(X), (2)(f.5), (2)(h), (2)(i), and (2)(j) added, (SB 24-214), ch. 191, p. 1101, � 16, effective May 17.
Cross references: For the legislative declaration in HB 23-1272, see section 1
of chapter 167, Session Laws of Colorado 2023.
C.R.S. § 39-30-105.6
39-30-105.6. Credit against tax - rehabilitation of vacant buildings. (1) For income tax years commencing on or after January 1, 1989, any taxpayer who is the owner or tenant of a building which is located in an enterprise zone, which is at least twenty years old, and which has been unoccupied for at least two years and who makes qualified expenditures for the purpose of rehabilitating said building shall be allowed a credit against the income tax imposed by article 22 of this title in an amount equal to twenty-five percent of the aggregate qualified expenditures per building or fifty thousand dollars per building, whichever is less.
(2) Any taxpayer who is allowed a credit for costs incurred in the
rehabilitation of property pursuant to the provisions of section 38 of the federal Internal Revenue Code of 1986, as amended, shall not be allowed the credit provided for in subsection (1) of this section.
(3) Except as provided in section 24-46-107, if the amount of the credit
allowed pursuant to the provisions of this section exceeds the amount of income taxes otherwise due on the income of the taxpayer in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in said income tax year may be carried forward as a credit against subsequent years' income tax liability for a period not exceeding five years and shall be applied first to the earliest income tax years possible. Any credit remaining after said period shall not be refunded or credited to the taxpayer.
(4) As used in this section, unless the context otherwise requires: Qualified
expenditures means expenditures associated with any exterior improvements, structural improvements, mechanical improvements, or electrical improvements necessary to rehabilitate for commercial use a building which meets the requirements established in subsection (1) of this section. Qualified expenditures includes, but shall not be limited to, expenditures associated with demolition, carpentry, sheetrock, plaster, painting, ceilings, fixtures, doors, windows, sprinkler systems installed for fire protection purposes, roofing and flashing, exterior repair, cleaning, tuckpointing, and cleanup. Qualified expenditures does not include expenditures, commonly referred to as soft costs, which include, but are not limited to, costs associated with appraisals; architectural, engineering, and interior design fees; legal, accounting, and realtor fees; loan fees; sales and marketing; closing; building permit, use, and inspection fees; bids; insurance; project signs and phones; temporary power; bid bonds; copying; and rent loss during construction. Qualified expenditures also does not include costs associated with acquisition; interior furnishings; new additions except as may be required to comply with building and safety codes; excavation; grading; paving; landscaping; and repairs to outbuildings.
(5) Any form filed with the department of revenue for the purpose of
claiming the credit allowed by this section shall be accompanied by a copy of the certification of the qualified nature of the expenditures furnished to the taxpayer by the enterprise zone administrator and by copies of any receipts, bills, or other documentation of the qualified expenditures claimed for the purpose of receiving the credit.
Source: L. 89: Entire section added, p. 1519, � 1, effective June 7. L. 2022: (3)
amended, (HB 22-1418), ch. 427, p. 3025, � 6, effective August 10.
C.R.S. § 40-15-604
40-15-604. Electric utility obligations. (1) An electric utility that exercises any rights under section 40-15-602 (1)(a) or (1)(b) for the provision of commercial broadband service shall:
(a) Not discriminate among commercial broadband suppliers, including
broadband affiliates, in offering or granting rights to install or attach any attached facilities; or
(b) Charge fees that are nondiscriminatory among commercial broadband
suppliers for a substantially similar lease or use of the capacity of attached facilities owned or controlled by the electric utility, but only to the extent an electric utility chooses, in its sole discretion, to offer the lease or use to a particular commercial broadband supplier.
(2) An electric utility that has a broadband affiliate and, if applicable, the
broadband affiliate shall:
(a) Charge just and reasonable attachment fees, including recurring fees,
that are related to the costs associated with such attachments, such as a just and reasonable share of the carrying costs of the per-pole investment, including ongoing maintenance of the pole based on the portion of the usable space on the pole occupied by the attachment;
(b) Provide all commercial broadband suppliers access to all poles and
similar support structures owned by the electric utility or broadband affiliate for the purpose of attaching equipment for the provision of commercial broadband service. Access provided in accordance with this subsection (2)(b) must be provided:
(I) On a just, reasonable, and nondiscriminatory basis; and
(II) Under terms and conditions that are no less favorable than the terms and
conditions offered to broadband affiliates, including terms and conditions regarding application requirements, technical requirements, electric lineworker health and safety requirements, administrative fees, timelines, and make-ready requirements; and
(c) Charge fees that are nondiscriminatory among commercial broadband
suppliers for a substantially similar lease or use of the capacity of attached facilities owned or controlled by the electric utility or broadband affiliate and that are equal to or less than the fees that the electric utility charges to its broadband affiliates, but only to the extent an electric utility or broadband affiliate chooses, in its sole discretion, to offer the lease or use to a particular commercial broadband supplier.
(3) Subject to the requirements of subsection (1) of this section, nothing in
this section requires an electric utility to offer or grant a right to access or use an electric easement or to use attached facilities or electric service infrastructure owned or controlled by the electric utility in a manner that would, in the electric utility's reasonable discretion, materially interfere with the electric utility's construction, maintenance, or use of any electric utility infrastructure for the provision of electric service.
(4) (a) An electric utility with a broadband affiliate shall not unreasonably
withhold authorization or delay its decision whether to provide authorization to a commercial broadband supplier to install, maintain, own, operate, or use the commercial broadband supplier's attached facilities on electric service infrastructure owned or controlled by the electric utility. An electric utility may only withhold authorization pursuant to this subsection (4) if the reason for withholding authorization is that:
(I) There is insufficient capacity for the attached facilities; or
(II) Concerns of safety or reliability or generally applicable engineering
purposes weigh against granting the authorization.
(b) An electric utility that withholds authorization pursuant to this subsection
(4) shall promptly notify the commercial broadband supplier in writing of the reasons for withholding authorization.
(5) An electric utility shall not directly provide retail commercial broadband
service but may cause or allow a broadband affiliate to offer retail commercial broadband service. As long as an electric utility maintains its exclusive right to provide electric service to customers within its exclusive service territory, both the electric utility that has a broadband affiliate and the broadband affiliate shall:
(a) Maintain or cause to be maintained an accounting system for the
broadband affiliate separate from the electric utility's accounting system, using generally accepted accounting principles or another reasonable and customary allocation method;
(b) Cause a financial audit to be performed by an independent certified
public accountant, within two years after commencement of commercial operation of retail commercial broadband service and at least once every two years thereafter, with respect to the broadband affiliate's provision of commercial broadband service, including an audit of the allocation of costs for property and services that are used in both the provision of commercial broadband service and the electric utility's provision of electric service; and
(c) (I) Not cause or allow the electric utility to use its exclusive right to
provide electric services within its exclusive territory to cross-subsidize the broadband affiliate or its provision of commercial broadband service, whether by: Below fair market value pricing; payment of capital or operating costs properly charged to the broadband affiliate under applicable accounting rules; or use of any revenue from or subsidy for the provision of electric service to provide commercial broadband service below market value, except in connection with the electric utility's provision of electricity.
(II) Nothing in this subsection (5)(c) prohibits an electric utility from:
(A) Entering into a transaction with a broadband affiliate on terms and
conditions substantially similar to those that would be agreed to between two similarly situated parties in an arm's length commercial transaction;
(B) Loaning funds to a broadband affiliate if the interest rate on the loan is
no less than the electric utility's lowest cost of capital;
(C) Exchanging services or materials for other services or materials of
equivalent value;
(D) Providing reduced-cost commercial broadband service to low-income
retail customers; or
(E) Conducting and funding due diligence, operational analysis, entity set-up,
and associated noncapital expenditures relating to and prior to the establishment of a broadband affiliate.
(6) Upon request of a commercial broadband supplier, an electric utility and
any broadband affiliate subject to this section shall cause an officer of the electric utility and an officer of the broadband affiliate to certify that the electric utility and the broadband affiliate, respectively, are in compliance with this section. If a dispute arises between an electric utility or its broadband affiliate and an unaffiliated commercial broadband supplier:
(a) Regarding matters addressed in this part 6, the parties to the dispute
have standing to file a claim or cause of action in any court of competent jurisdiction in the state; and
(b) The following are discoverable and admissible as evidence in court
regarding the electric utility's and its broadband affiliate's compliance with this section:
(I) Any certification requested and produced pursuant to this subsection (6);
(II) The terms and conditions applied to the electric utility's or broadband
affiliate's offer to or grant of a right to the unaffiliated commercial broadband supplier to install, maintain, own, operate, or use attached facilities; and
(III) Any audit required to be performed pursuant to subsection (5) of this
section.
(7) Notwithstanding any provision of this part 6 to the contrary, an electric
utility that is subject to regulation under 47 U.S.C. sec. 224, as amended, and the FCC regulations promulgated pursuant to that federal law, is not subject to this section.
(8) Nothing in this part 6:
(a) Subjects an electric utility to regulation by the FCC;
(b) Constitutes an exercise of, or an obligation or intention to exercise, the
right of the state under 47 U.S.C. sec. 224 (c) to regulate the rates, terms, and conditions for pole attachments, as defined in 47 U.S.C. sec. 224 (a)(4); or
(c) Constitutes a certification, or an obligation or intention to certify, to the
FCC under 47 U.S.C. sec. 224.
Source: L. 2019: Entire part added, (SB 19-107), ch. 424, p. 3710, � 1, effective
August 2.
ARTICLE 16
Motor Vehicle Carriers Exempt from
Regulation as Public Utilities
40-16-101 to 40-16-111. (Repealed)
Source: L. 2011: Entire article repealed, (HB 11-1198), ch. 127, p. 416, � 2,
effective August 10.
Editor's note: This article was added in 1985. For amendments to this article
prior to its repeal in 2011, consult the 2010 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
Cross references: For current provisions concerning carriers that are not
public utilities, see article 10.1 of this title.
ARTICLE 16.5
Carriers of Sludge
40-16.5-101 to 40-16.5-109. (Repealed)
Source: L. 95: Entire article repealed, p. 1211, � 28, effective May 31.
Editor's note: This article was added in 1994 and was not amended prior to
its repeal in 1995. For the text of this article prior to 1995, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
ARTICLE 17
Telephone Disability Access
Editor's note: This article was added in 1989 and was not amended prior to
- It was repealed and reenacted in 1992 and was subsequently repealed and reenacted in 2025, resulting in the addition, relocation, and elimination of sections as well as subject matter. For the text of this article prior to 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated in 1992. For amendments to this article prior to its repeal and reenactment in 2025, consult the 2024 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
C.R.S. § 40-2-104
40-2-104. Assistants and employees - utilization of independent experts. (1) The director of the commission may appoint such experts, engineers, statisticians, accountants, investigative personnel, clerks, and other employees as are necessary to carry out the provisions of this title or to perform the duties and exercise the powers conferred by law upon the commission.
(2) (Deleted by amendment, L. 93, p. 2058, � 6, effective July 1, 1993.)
(3) The director of the commission shall hire and designate employees of the
commission as administrative law judges who shall have the power to administer oaths, examine witnesses, receive evidence, and conduct hearings, investigations, and other proceedings on behalf of the commission.
(4) (a) Of the money that the commission receives from the public utilities
commission fixed utility fund pursuant to section 40-2-114 (1)(b)(II), up to two hundred fifty thousand dollars per year may be allocated to personal services contracts with outside consultants and experts that meet criteria specified by the commission.
(b) The amount allocated for outside consultants and experts pursuant to
subsection (4)(a) of this section shall be adjusted annually in accordance with changes in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index.
Source: L. 13: p. 466, � 7. C.L. � 2918. CSA: C. 137, � 8. CRS 53: � 115-2-4.
C.R.S. 1963: � 115-2-4. L. 69: p. 928, � 5. L. 89: (1) and (3) amended, p. 1524, � 3, effective April 12. L. 93: Entire section amended, p. 2058, � 6, effective July 1. L. 2021: (4) added, (SB 21-272), ch. 220, p. 1156, � 1, effective June 10.
C.R.S. § 40-2-126
40-2-126. Transmission facilities - biennial review - energy resource zones - definitions - plans - approval - cost recovery - powerline trail consideration. (1) As used in this section, unless the context otherwise requires:
(a) Energy resource zone means a geographic area in which transmission
constraints hinder the delivery of electricity to Colorado consumers, the development of new electric generation facilities to serve Colorado consumers, or both.
(b) Local government has the meaning set forth in section 33-45-102 (3).
(c) Powerline trail has the meaning set forth in section 33-45-102 (5).
(2) Biennially, on or before a date determined by the commission,
commencing in 2016, each Colorado electric utility subject to rate regulation by the commission shall:
(a) Designate energy resource zones;
(b) Develop plans for the construction or expansion of transmission facilities
necessary to deliver electric power consistent with the timing of the development of beneficial energy resources located in or near such zones;
(c) Consider how transmission can be provided to encourage local ownership
of renewable energy facilities, whether through renewable energy cooperatives as provided in section 7-56-210, C.R.S., or otherwise; and
(d) Submit proposed plans, designations, and applications for certificates of
public convenience and necessity to the commission for review pursuant to subsection (3) of this section.
(2.5) In reviewing a plan that an electric utility submits pursuant to
subsection (2)(d) of this section, the commission shall consider the need for expanded transmission capacity in the state, including the ability to expand capacity through the construction of new transmission lines, improvements to existing transmission lines, and connections to organized wholesale markets, as defined in section 40-5-108 (1)(a).
(3) The commission may, consistent with its authority, approve a utility's
application for a certificate of public convenience and necessity for the cost-effective construction or expansion of transmission facilities pursuant to subsection (2)(b) of this section if the commission finds that:
(a) The construction or expansion:
(I) Is required to:
(A) Ensure the reliable delivery of electricity to Colorado consumers, either
alone or in combination with the consumers of other states served by an organized wholesale market as defined in section 40-5-108 (1)(a); or
(B) Enable the utility to meet the renewable energy standards set forth in
section 40-2-124 or achieve emission reductions under section 25-7-102 or 40-2-125.5;
(II) Can reasonably accommodate future expansion, through the addition of
more lines or greater capacity, as may be required to support the utility's participation in an organized wholesale market as defined in section 40-5-108 (1)(a); and
(b) The present or future public convenience and necessity require such
construction or expansion.
(4) Notwithstanding any other provision of law, in response to any
application for a certificate of public convenience and necessity for the construction or expansion of transmission facilities that is submitted to the commission pursuant to subsection (2)(d) of this section, the commission shall issue a final order within two hundred forty days after the application is deemed complete and public notice of the application is given; except that the applicant may waive this two-hundred-forty-day deadline. Absent such waiver, if the commission does not issue a final order within that period, the application is deemed approved.
(5) In any construction or expansion approved pursuant to this section, the
utility shall use its own employees or qualified contractors, or both, but shall not use a contractor unless the contractor's employees have access to an apprenticeship program registered with the United States department of labor's office of apprenticeship or by a state apprenticeship agency recognized by that office; except that this apprenticeship requirement does not apply to:
(a) The design, planning, or engineering of the transmission facilities;
(b) Management functions to operate the transmission facilities; or
(c) Any work performed in response to a warranty claim.
(6) The commission shall amend its rules requiring the filing of ten-year
transmission plans by utilities to also require utilities to:
(a) Consider and address plans for the construction of new powerline trails in
coordination with applicable local governments in each two-year update to a ten-year transmission plan; and
(b) Demonstrate compliance with section 33-45-103 (2).
Source: L. 2007: Entire section added, p. 266, � 2, effective March 27. L.
2016: IP(2) and (2)(d) amended and (4) repealed, (HB 16-1091), ch. 48, p. 114, � 1, effective August 10. L. 2021: IP(3) and (3)(a) amended, (4) RC&RE, and (5) added, (SB 21-072), ch. 329, p. 2110, � 1, effective June 24. L. 2022: (1) amended and (6) added, (HB 22-1104), ch. 97, p. 466, � 5, effective April 13. L. 2023: IP(5) amended, (SB 23-051), ch. 37, p. 149, � 32, effective March 23; (2.5) added, (SB 23-016), ch. 165, p. 744, � 16, effective August 7.
Cross references: For the legislative declaration contained in the 2007 act
enacting this section, see section 1 of chapter 61, Session Laws of Colorado 2007. For the legislative declaration in HB 22-1104, see section 1 of chapter 97, Session Laws of Colorado 2022.
C.R.S. § 40-2-127
40-2-127. Community energy funds - community solar gardens - definitions - rules - legislative declaration - applicability - repeal. (1) Legislative declaration. The general assembly hereby finds and declares that:
(a) Local communities can benefit from the further development of
renewable energy, energy efficiency, conservation, and environmental improvement projects, and the general assembly hereby encourages electric utilities to establish community energy funds for the development of such projects;
(b) It is in the public interest that broader participation in solar electric
generation by Colorado residents and commercial entities be encouraged by the development and deployment of distributed solar electric generating facilities known as community solar gardens, in order to:
(I) Provide Colorado residents and commercial entities with the opportunity
to participate in solar generation in addition to the opportunities available for rooftop solar generation on homes and businesses;
(II) Allow renters, low-income utility customers, and agricultural producers
to own interests in solar generation facilities;
(III) Allow interests in solar generation facilities to be portable and
transferrable; and
(IV) Leverage Colorado's solar generating capacity through economies of
scale.
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) The definitions in section 40-2-124 apply; and
(b) In addition:
(I) (A) Community solar garden means a solar electric generation facility
with a nameplate rating within the range specified under subsection (2)(b)(I)(D) of this section that is located in or near a community served by a qualifying retail utility where the beneficial use of the electricity generated by the facility belongs to the subscribers to the community solar garden. There shall be at least ten subscribers. The owner of the community solar garden may be the qualifying retail utility or any other for-profit or nonprofit entity or organization, including a subscriber organization organized under this section, that contracts to sell the output from the community solar garden to the qualifying retail utility. A community solar garden shall be deemed to be located on the site of customer facilities.
(B) A community solar garden shall constitute retail distributed generation
within the meaning of section 40-2-124, as amended by House Bill 10-1001, enacted in 2010.
(C) Notwithstanding any provision of this section or section 40-2-124 to the
contrary, a community solar garden constitutes retail distributed generation for purposes of a cooperative electric association's compliance with the applicable renewable energy standard under section 40-2-124.
(D) A community solar garden must have a nameplate rating of five
megawatts or less; except that the commission may, in rules adopted pursuant to subsection (3)(b) of this section, approve the formation of a community solar garden with a nameplate rating of up to ten megawatts on or after July 1, 2023.
(II) Subscriber means a retail customer of a qualifying retail utility who
owns a subscription and who has identified one or more physical locations to which the subscription is attributed. Such physical locations must be within the service territory of the same qualifying retail utility as the community solar garden. The subscriber may change from time to time the premises to which the community solar garden electricity generation shall be attributed, so long as the premises are within the same service territory.
(III) Subscription means a proportional interest in solar electric generation
facilities installed at a community solar garden, together with the renewable energy credits associated with or attributable to such facilities under section 40-2-124. Each subscription shall be sized to represent at least one kilowatt of the community solar garden's generating capacity and to supply no more than one hundred twenty percent of the average annual consumption of electricity by each subscriber at the premises to which the subscription is attributed, with a deduction for the amount of any existing solar facilities at such premises. Subscriptions in a community solar garden may be transferred or assigned to a subscriber organization or to any person or entity who qualifies to be a subscriber under this section.
(3) Subscriber organization - subscriber qualifications - transferability of
subscriptions. (a) The community solar garden may be owned by a subscriber organization, whose sole purpose shall be beneficially owning and operating a community solar garden. The subscriber organization may be any for-profit or nonprofit entity permitted by Colorado law. The community solar garden may also be built, owned, and operated by a third party under contract with the subscriber organization.
(b) The commission shall adopt rules as necessary to implement this section,
including rules to facilitate the financing of subscriber-owned community solar gardens. The rules must include:
(I) Minimum capitalization;
(II) The share of a community solar garden's eligible solar electric generation
facilities that a subscriber organization may at any time own in its own name; and
(III) Authorizing subscriber organizations to enter into leases, sale-and-leaseback transactions, operating agreements, and other ownership arrangements
with third parties.
(c) If a subscriber ceases to be a customer at the premises on which the
subscription is based but, within a reasonable period as determined by the commission, becomes a customer at another premises in the service territory of the qualifying retail utility and within the geographic area served by the community solar garden, the subscription shall continue in effect but the bill credit and other features of the subscription shall be adjusted as necessary to reflect any differences between the new and previous premises' customer classification and average annual consumption of electricity.
(3.5) Standards for construction and operation. The following requirements
apply to any community solar garden exceeding two megawatts:
(a) The initial installation of any photovoltaic module or associated electrical
equipment is subject to final inspection and approval in accordance with section 12-115-120.
(b) Following the development or acquisition by a qualifying retail utility of a
community solar garden in which the qualifying retail utility retains ownership, the qualifying retail utility shall either use its own employees to operate and maintain the community solar garden or contract for operation and maintenance of the community solar garden by a contractor whose employees have access to an apprenticeship program registered with the United States department of labor's office of apprenticeship or with a state apprenticeship agency recognized by that office; except that this apprenticeship requirement does not apply to:
(I) The design, planning, or engineering of the infrastructure;
(II) Management functions to operate the infrastructure; or
(III) Any work included in a warranty.
(3.7) Energy sector public works projects. If the development of a
community solar garden is an energy sector public works project, as defined in section 24-92-303 (5), then the project must comply with the applicable requirements of the Colorado Energy Sector Public Works Project Craft Labor Requirements Act, part 3 of article 92 of title 24.
(4) Community solar gardens not subject to regulation. Neither the owners
of nor the subscribers to a community solar garden shall be considered public utilities subject to regulation by the commission solely as a result of their interest in the community solar garden. Prices paid for subscriptions in community solar gardens shall not be subject to regulation by the commission.
(5) Purchases of the output from community solar gardens. (a) (I) Each
qualifying retail utility shall set forth in its plan for acquisition of renewable resources a plan to purchase the electricity and renewable energy credits generated from one or more community solar gardens over the period covered by the plan.
(II) For the first three compliance years commencing with the 2011
compliance year, each qualifying retail utility shall issue one or more standard offers to purchase the output from community solar gardens of five hundred kilowatts or less at prices that are comparable to the prices offered by the qualifying retail utility under standard offers issued for on-site solar generation. During these three compliance years, the qualifying retail utility shall acquire, through these standard offers, one-half of the solar garden generation it plans to acquire, to the extent the qualifying retail utility receives responses to its standard offers. Notwithstanding any provision of this subparagraph (II) to the contrary, renewable energy credits generated from solar gardens shall not be used to achieve more than twenty percent of the retail distributed generation standard in years 2011 through 2013.
(III) For the first three compliance years commencing with the 2011
compliance year, a qualifying retail utility shall not be obligated to purchase the output from more than six megawatts of newly installed community solar garden generation.
(III.5) Subsections (5)(a)(II) and (5)(a)(III) of this section and this subsection
(5)(a)(III.5) are repealed, effective July 1, 2043.
(IV) For each qualifying retail utility's compliance years commencing in 2014
through 2025, the commission shall determine the minimum and maximum purchases of electrical output from newly installed community solar gardens of different output capacity that the qualifying retail utility shall plan to acquire, without regard to the six-megawatt ceiling of the first three compliance years. In addition, as necessary, the commission shall formulate and implement policies consistent with this section that simultaneously encourage:
(A) The ownership by customers of subscriptions in community solar gardens
and of other forms of distributed generation, to the extent the commission finds there to be customer demand for such ownership;
(B) Ownership in community solar gardens by residential retail customers
and agricultural producers, including low-income customers, to the extent the commission finds there to be demand for such ownership;
(C) The development of community solar gardens with attributes that the
commission finds result in lower overall total costs for the qualifying retail utility's customers;
(D) Successful financing and operation of community solar gardens owned
by subscriber organizations; and
(E) The achievement of the goals and objectives of section 40-2-124.
(b) (I) (A) The output from a community solar garden shall be sold only to the
qualifying retail utility serving the geographic area where the community solar garden is located.
(B) Once a community solar garden is part of a qualifying retail utility's plan
for acquisition of renewable resources, as approved by the commission, the commission shall, by January 30, 2020, initiate a proceeding, or consider in an active proceeding, to determine whether the qualifying retail utility shall purchase all of the electricity and renewable energy credits generated by the community solar garden or whether a subscriber may, upon becoming a subscriber, choose to retain or sell to the qualifying retail utility the subscriber's renewable energy credits.
(C) The amount of electricity and renewable energy credits generated by
each community solar garden shall be determined by a production meter installed by the qualifying retail utility or third-party system owner and paid for by the owner of the community solar garden.
(II) (A) The purchase of the output of a community solar garden by a
qualifying retail utility must take the form of a net metering credit against the qualifying retail utility's electric bill to each community solar garden subscriber at the premises set forth in the subscriber's subscription.
(B) For a subscriber organization that directs the qualifying retail utility to
provide the subscriber organization's subscribers with a bill credit that changes annually, the net metering credit is calculated by multiplying the subscriber's share of the electricity production from the community solar garden by the qualifying retail utility's total aggregate retail rate as charged to the subscriber, minus a reasonable charge as determined by the commission. The charge will be used to cover the utility's costs of delivering to the subscriber's premises the electricity generated by the community solar garden, integrating the solar generation with the utility's system, and administering the community solar garden's contracts and net metering credits.
(C) For a subscriber organization that directs the qualifying retail utility to
provide the subscriber organization's subscribers with a fixed bill credit, the net metering credit is calculated by multiplying the subscriber's share of the electricity production from the community solar garden by the qualifying retail utility's total aggregate retail rate as charged to the subscriber at the time the subscriber organization applies for or bids capacity into a utility community solar garden program, minus a reasonable charge, as determined by the commission at the time the subscriber organization applies for or bids capacity into a utility community solar garden program. The charge will be used to cover the utility's costs related to: Delivering to the subscriber's premises the electricity generated by the community solar garden, integrating the solar generation with the utility's system, and administering contracts and net metering credits for the community solar garden.
(D) For community solar gardens eligible for a fixed bill credit, and solely for
the purpose of applying the bill credit to a subscriber's bill, the bill credit shall not be applied toward the following rate rider charges, unless the rate rider charges are included in the reasonable charge: Rate rider charges that promote clean energy technologies, including beneficial electrification; rate rider charges that provide low-income bill assistance; or rate rider charges that provide other public benefits as determined by the commission.
(E) By June 30, 2024, the commission shall adopt rules to implement the
fixed bill credit. The rules must consider the change of value to community solar garden customers of the fixed bill credit over time through rate adjustments or other mechanisms.
(F) The commission shall allow a qualifying retail utility to recover the costs
incurred in implementing and maintaining billing systems for the various bill credit processes required pursuant to this subsection (5)(b)(II).
(G) The commission shall ensure that the reasonable charge that the
commission determines pursuant to subsections (5)(b)(II)(B) and (5)(b)(II)(C) of this section does not reflect costs that are already recovered by the utility from the subscriber through other charges.
(H) If, and to the extent that, a subscriber's net metering credit exceeds the
subscriber's electric bill in any billing period, the net metering credit shall be carried forward and applied against future bills.
(I) The qualifying retail utility and the owner of the community solar garden
must agree on whether the purchase of the renewable energy credits from subscribers will be accomplished through a credit on each subscriber's electricity bill or by a payment to the owner of the community solar garden.
(c) The owner of the community solar garden shall provide real-time
production data to the qualifying retail utility to facilitate incorporation of the community solar garden into the utility's operation of its electric system and to facilitate the provision of net metering credits.
(d) The owner of the community solar garden shall be responsible for
providing to the qualifying retail utility, on a monthly basis and within reasonable periods set by the qualifying retail utility, the percentage shares that should be used to determine the net metering credit to each subscriber. If the electricity output of the community solar garden is not fully subscribed, the qualifying retail utility shall purchase the unsubscribed renewable energy and the renewable energy credits at a rate equal to the qualifying retail utility's average hourly incremental cost of electricity supply over the immediately preceding calendar year.
(e) Each qualifying retail utility shall set forth in its plan for acquisition of
renewable resources a proposal for including low-income customers as subscribers to a community solar garden. The utility may give preference to community solar gardens that have low-income subscribers.
(f) Qualifying retail utilities shall be eligible for the incentives and subject to
the ownership limitations set forth in section 40-2-124 (1)(f) for utility investments in community solar gardens and may recover through rates a margin, in an amount determined by the commission, on all energy and renewable energy credits purchased from community solar gardens. Such incentive payments shall be excluded from the cost analysis required by section 40-2-124 (1)(g).
(6) Nothing in this section shall be construed to waive or supersede the retail
rate impact limitations in section 40-2-124 (1)(g). Utility expenditures for unsubscribed energy and renewable energy credits generated by community solar gardens shall be included in the calculations of retail rate impact required by that section.
(7) Applicability to cooperative electric associations and municipally
owned utilities. This section shall not apply to cooperative electric associations or to municipally owned utilities.
(8) Applicability. (a) This section applies to community solar capacity that is
allocated on or before December 31, 2025.
(b) Community solar capacity that is allocated on or after January 1, 2026, is
allocated pursuant to section 40-2-127.2.
Source: L. 2007: Entire section added, p. 265, � 2, effective March 27. L.
2010: Entire section amended, (HB 10-1342), ch. 344, p. 1592, � 1, effective June 5. L. 2015: (2)(b)(II) amended, (HB 15-1248), ch. 170, p. 519, � 1, effective May 8; (2)(b)(I)(C) added, (SB 15-046), ch. 142, p. 434, � 2, effective August 5. L. 2019: IP(3)(b) amended and (5)(a)(III.5) added, (SB 19-236), ch. 359, p. 3299, � 6, effective May 30; (2)(b)(I)(A), (2)(b)(II), and (5)(b)(I) amended and (2)(b)(I)(D) and (3.5) added, (HB 19-1003), ch. 360, p. 3336, � 2, effective August 2. L. 2020: IP(3.5)(b) amended, (HB 20-1402), ch. 216, p. 1058, � 70, effective June 30. L. 2023: IP(3.5)(b) amended, (SB 23-051), ch. 37, p. 149, � 33, effective March 23; (5)(b)(II) amended, (HB 23-1137), ch. 85, p. 296, � 1, effective August 7; (3.7) added, (SB 23-292), ch. 247, p. 1360, � 5, effective January 1, 2024. L. 2024: IP(5)(a)(IV) amended and (8) added, (SB 24-207), ch. 231, p. 1423, � 2, effective May 22.
Cross references: For the legislative declaration in SB 24-207, see section 1
of chapter 231, Session Laws of Colorado 2024.
C.R.S. § 40-2-127.5
40-2-127.5. Community energy funds - community geothermal gardens - rules - legislative declaration - definitions - repeal. (1) Legislative declaration. The general assembly hereby finds and declares that:
(a) Local communities can benefit from the further development of
renewable energy, energy efficiency, conservation, and environmental improvement projects, and the general assembly hereby encourages electric utilities to establish community energy funds for the development of such projects;
(b) It is in the public interest that broader participation in geothermal electric
generation by Colorado residents and commercial entities be encouraged by the development and deployment of distributed geothermal electric generating facilities known as community geothermal gardens in order to:
(I) Provide Colorado residents and commercial entities with the opportunity
to participate in geothermal electricity generation;
(II) Allow renters, low-income utility customers, and agricultural producers
to own interests in such geothermal generation facilities;
(III) Allow interests in such geothermal generation facilities to be portable
and transferrable; and
(IV) Leverage Colorado's geothermal electricity generating capacity through
economies of scale.
(2) Definitions. As used in this section, unless the context otherwise
requires, the definitions in section 40-2-124 apply, and:
(a) (I) Community geothermal garden means a geothermal facility that
produces electricity from the earth's heat with a nameplate rating within the range specified under subsection (2)(a)(IV) of this section that is located in or near a community served by a qualifying retail utility where the beneficial use of the electricity generated by the facility belongs to the subscribers to the community geothermal garden. There must be at least ten subscribers. The owner of the community geothermal garden may be the qualifying retail utility or any other for-profit or nonprofit entity or organization, including a subscriber organization organized under this section, that contracts to sell the output from the community geothermal garden to the qualifying retail utility. A community geothermal garden is deemed to be located on the site of customer facilities.
(II) A community geothermal garden constitutes retail distributed
generation within the meaning of section 40-2-124.
(III) Notwithstanding any provision of this section or section 40-2-124 to the
contrary, a community geothermal garden constitutes retail distributed generation for purposes of a cooperative electric association's compliance with the applicable renewable energy standard under section 40-2-124.
(IV) A community geothermal garden must have a nameplate rating of five
megawatts or less; except that the commission may, in rules adopted pursuant to subsection (3)(b) of this section, approve the formation of a community geothermal garden with a nameplate rating of up to ten megawatts.
(b) Subscriber means a retail customer of a qualifying retail utility who
owns a subscription and who has identified one or more physical locations to which the subscription is attributed. Such physical locations must be within the service territory of the same qualifying retail utility as the community geothermal garden. The subscriber may change from time to time the premises to which the community geothermal garden electricity generation is attributed, so long as the premises are within the same service territory.
(c) Subscription means a proportional interest in geothermal electric
generation facilities installed at a community geothermal garden, together with the renewable energy credits associated with or attributable to such facilities under section 40-2-124. Each subscription must be sized to represent at least one kilowatt of the community geothermal garden's generating capacity and to supply no more than one hundred twenty percent of the average annual consumption of electricity by each subscriber at the premises to which the subscription is attributed, with a deduction for the amount of any existing geothermal facilities at such premises. Subscriptions in a community geothermal garden may be transferred or assigned to a subscriber organization or to any person or entity who qualifies to be a subscriber under this section.
(3) Subscriber organization - subscriber qualifications - transferability of
subscriptions. (a) The community geothermal garden may be owned by a subscriber organization whose sole purpose is beneficially owning and operating a community geothermal garden. The subscriber organization may be any for-profit or nonprofit entity permitted by Colorado law. The community geothermal garden may also be built, owned, and operated by a third party under contract with the subscriber organization.
(b) The commission shall adopt rules as necessary to implement this section,
including rules to facilitate the financing of subscriber-owned community geothermal gardens. The rules must include:
(I) Minimum capitalization;
(II) The share of a community geothermal garden's geothermal electric
generation facilities that a subscriber organization may at any time own in its own name; and
(III) Authorizing subscriber organizations to enter into leases, sale-and-leaseback transactions, operating agreements, and other ownership arrangements
with third parties.
(c) If a subscriber ceases to be a customer at the premises on which the
subscription is based but, within a reasonable period as determined by the commission, becomes a customer at another premises in the service territory of the qualifying retail utility and within the geographic area served by the community geothermal garden, the subscription continues in effect but the bill credit and other features of the subscription are adjusted as necessary to reflect any differences between the new and previous premises' customer classification and average annual consumption of electricity.
(4) Standards for construction and operation. The following requirements
apply to any community geothermal garden exceeding two megawatts:
(a) The initial installation of any electrical equipment associated with the
community geothermal garden is subject to final inspection and approval in accordance with section 12-115-120.
(b) Following the development or acquisition by a qualifying retail utility of a
community geothermal garden in which the qualifying retail utility retains ownership, the qualifying retail utility shall either use its own employees to operate and maintain the community geothermal garden or contract for operation and maintenance of the community geothermal garden by a contractor whose employees have access to an apprenticeship program registered with the United States department of labor's office of apprenticeship or with a state apprenticeship agency recognized by that office; except that this apprenticeship requirement does not apply to:
(I) The design, planning, or engineering of the infrastructure;
(II) Management functions to operate the infrastructure; or
(III) Any work included in a warranty.
(5) Community geothermal gardens not subject to regulation. Neither the
owners of nor the subscribers to a community geothermal garden are considered public utilities subject to regulation by the commission solely as a result of their interest in the community geothermal garden. Prices paid for subscriptions in community geothermal gardens shall not be subject to regulation by the commission.
(6) Purchases of the output from community geothermal gardens. (a) (I)
Each qualifying retail utility may set forth in its plan for acquisition of renewable resources a plan to purchase the electricity and renewable energy credits generated from one or more community geothermal gardens over the period covered by the plan.
(II) For each qualifying retail utility's compliance years commencing in 2026
and thereafter, the commission shall determine the minimum and maximum purchases of electrical output from newly installed community geothermal gardens of different output capacity that the qualifying retail utility may plan to acquire. In addition, as necessary and appropriate, the commission shall formulate and implement policies consistent with this section that simultaneously encourage:
(A) The ownership by customers of subscriptions in community geothermal
gardens and of other forms of distributed generation, to the extent the commission finds there to be customer demand for such ownership;
(B) Ownership in community geothermal gardens by residential retail
customers and agricultural producers, including low-income customers, to the extent the commission finds there to be demand for such ownership;
(C) The development of community geothermal gardens with attributes that
the commission finds result in lower overall total costs for the qualifying retail utility's customers;
(D) Successful financing and operation of community geothermal gardens
owned by subscriber organizations; and
(E) The achievement of the goals and objectives of section 40-2-124.
(b) (I) (A) The output from a community geothermal garden must be sold only
to the qualifying retail utility serving the geographic area where the community geothermal garden is located.
(B) Once a community geothermal garden is part of a qualifying retail
utility's plan for acquisition of renewable resources, as approved by the commission, the commission shall initiate a proceeding, or consider in an active proceeding, to determine whether the qualifying retail utility must purchase all of the electricity and renewable energy credits generated by the community geothermal garden or whether a subscriber may, upon becoming a subscriber, choose to retain or sell to the qualifying retail utility the subscriber's renewable energy credits.
(C) The amount of electricity and renewable energy credits generated by
each community geothermal garden is determined by a production meter installed by the qualifying retail utility or third-party system owner and paid for by the owner of the community geothermal garden.
(II) The purchase of the output of a community geothermal garden by a
qualifying retail utility takes the form of a net metering credit against the qualifying retail utility's electric bill to each community geothermal garden subscriber at the premises set forth in the subscriber's subscription. The net metering credit is calculated by multiplying the subscriber's share of the electricity production from the community geothermal garden by the qualifying retail utility's total aggregate retail rate as charged to the subscriber, minus a reasonable charge as determined by the commission to cover the utility's costs of delivering to the subscriber's premises the electricity generated by the community geothermal garden, integrating the geothermal generation with the utility's system, and administering the community geothermal garden's contracts and net metering credits. The commission shall ensure that this charge does not reflect costs that are already recovered by the utility from the subscriber through other charges. If, and to the extent that, a subscriber's net metering credit exceeds the subscriber's electric bill in any billing period, the net metering credit is carried forward and applied against future bills. The qualifying retail utility and the owner of the community geothermal garden must agree on whether the purchase of the renewable energy credits from subscribers will be accomplished through a credit on each subscriber's electricity bill or by a payment to the owner of the community geothermal garden.
(c) The owner of the community geothermal garden must provide real-time
production data to the qualifying retail utility to facilitate incorporation of the community geothermal garden into the utility's operation of its electric system and to facilitate the provision of net metering credits.
(d) The owner of the community geothermal garden is responsible for
providing to the qualifying retail utility, on a monthly basis and within reasonable periods set by the qualifying retail utility, the percentage shares that should be used to determine the net metering credit to each subscriber. If the electricity output of the community geothermal garden is not fully subscribed, the qualifying retail utility shall purchase the unsubscribed renewable energy and the renewable energy credits at a rate equal to the qualifying retail utility's average hourly incremental cost of electricity supply over the immediately preceding calendar year.
(e) If a qualifying retail utility includes a plan to purchase the electricity and
renewable energy credits generated by one or more community geothermal gardens, then the qualifying retail utility shall set forth in its plan for acquisition of renewable resources a proposal for including low-income customers as subscribers to a community geothermal garden, if possible. The utility may give preference to community geothermal gardens that have low-income subscribers.
(f) Qualifying retail utilities are eligible for the incentives and subject to the
ownership limitations set forth in section 40-2-124 (1)(f) for utility investments in community geothermal gardens and may recover through rates a margin, in an amount determined by the commission, on all energy and renewable energy credits purchased from community geothermal gardens. Such incentive payments are excluded from the cost analysis required by section 40-2-124 (1)(g).
(7) Nothing in this section waives or supersedes the retail rate impact
limitations in section 40-2-124 (1)(g). Utility expenditures for unsubscribed energy and renewable energy credits generated by community geothermal gardens must be included in the calculations of retail rate impact required by that section.
(8) Applicability to cooperative electric associations and municipally
owned utilities. This section shall not apply to cooperative electric associations or to municipally owned utilities.
Source: L. 2022: Entire section added, (SB 22-118), ch. 335, p. 2373, � 11,
effective August 10. L. 2023: IP(4)(b) amended, (SB 23-051), ch. 37, p. 150, � 34, effective March 23.
C.R.S. § 40-2-129
40-2-129. New resource acquisitions - factors in determination - local employment - best value employment metrics - rules - report. (1) (a) (I) When evaluating electric resource acquisitions and requests for a certificate of convenience and necessity for construction or expansion of generating facilities, including but not limited to pollution control or fuel conversion upgrades and conversion of existing coal-fired plants to natural gas plants, the commission shall consider, in all decisions involved in electric resource acquisition processes, best value regarding employment of Colorado labor, as defined in section 8-17-100.3 (1), and positive impacts on the long-term economic viability of Colorado communities. To this end, the commission shall require utilities to obtain and provide to the commission the following information regarding best value employment metrics:
(A) The availability of training programs, including training through
apprenticeship programs registered with the United States department of labor's office of apprenticeship or by state apprenticeship agencies recognized by that office for all apprenticeable trades required to effectively deliver the project to completion;
(B) Employment of Colorado labor as compared to importation of out-of-state workers;
(C) The ability of the project to employ workers from traditionally
underserved communities or disproportionately impacted communities as defined in section 24-4-109 (2)(b)(II);
(D) How the project supports domestic manufacturing through the utilization
of Colorado and domestically produced materials, including consideration of the potential for domestically manufactured materials being unavailable in the marketplace;
(E) Long-term career opportunities; and
(F) Industry-standard wages, health care, and pension benefits.
(II) When a utility proposes to construct new facilities of its own, the utility
shall supply similar information to the commission.
(b) Any electric resource acquisition decision must be based in part on
review of the best value employment metrics criteria set forth in any solicitation document. The commission shall not approve any electric resource plan, acquisition, or power purchase agreement that fails to either:
(I) Provide the best value employment metrics documentation specified in
the solicitation document; or
(II) In the alternative, certify compliance with objective best value
employment metrics performance standards set forth in the solicitation document.
(c) The commission may waive the requirements of this section if a utility
agrees to use a project labor agreement for construction or expansion of a generating facility.
(2) Following development or acquisition of a generating facility by a utility,
for all generating facilities owned by the utility that do not emit carbon dioxide, the utility shall use utility employees or qualified contractors if the contractors' employees have access to an apprenticeship program registered with the United States department of labor's office of apprenticeship or by a state apprenticeship agency recognized by that office; except that this apprenticeship requirement does not apply to:
(a) The design, planning, or engineering of the infrastructure;
(b) Management functions to operate the infrastructure; or
(c) Any work included in a warranty.
(3) The provisions of this section regarding best value employment metrics
do not apply to projects involving retail distributed generation, as defined in section 40-2-124 (1)(a)(VIII), 40-2-127 (2)(b)(I)(B), or 40-2-127.5 (2)(a)(II).
(4) Repealed.
(5) The commission shall promulgate rules requiring utilities, when
submitting annual progress reports for an electric resource acquisition, to collect and provide to the commission information concerning the implementation of best value employment metrics, as described in subsection (1)(a) of this section, which metrics were approved by the commission during the acquisition planning process and which acquisitions are under construction by either the utility or by others.
(6) (a) On or before December 31, 2024, and on or before December 31 of
each year thereafter, the commission shall submit a report to the energy and environment committee of the house of representatives and the transportation and energy committee of the senate, or any successor committees. The report must summarize the information concerning best value employment metrics that is reported to the commission by utilities pursuant to subsections (1)(a) and (5) of this section and indicate the manner in which the commission considered the information.
(b) Notwithstanding the limitation described in section 24-1-136 (11)(a)(I), the
reporting requirement described in subsection (6)(a) of this section continues in perpetuity.
Source: L. 2010: Entire section added, (HB 10-1001), ch. 37, p. 150, � 4,
effective August 11. L. 2013: Entire section amended, (HB 13-1292), ch. 266, p. 1406, � 16, effective May 24. L. 2019: Entire section amended, (SB 19-236), ch. 359, p. 3300, � 7, effective May 30. L. 2020: (1)(a) and IP(2) amended, (HB 20-1402), ch. 216, p. 1058, � 71, effective June 30. L. 2021: (4) added, (HB 21-1266), ch. 411, p. 2751, � 22, effective July 2. L. 2022: (3) amended, (SB 22-118), ch. 335, p. 2380, � 15, effective August 10. L. 2023: (1)(a) and IP(2) amended, (SB 23-051), ch. 37, p. 150, � 35, effective March 23; (1)(a) amended, (4) repealed, and (5) and (6) added, (SB 23-292), ch. 247, p. 1360, � 6, effective January 1, 2024. L. 2025: IP(1)(a)(I) amended, (SB 25-275), ch. 377, p. 2034, � 29, effective August 6.
Editor's note: Amendments to subsection (1)(a) by SB 23-051 and SB 23-292
were harmonized, effective January 1, 2024.
Cross references: (1) For the short title (Keep Jobs In Colorado Act of 2013)
in HB 13-1292, see section 1 of chapter 266, Session Laws of Colorado 2013.
(2) For the short title (Environmental Justice Act) and the legislative
declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.
C.R.S. § 40-2-132.5
40-2-132.5. Distribution system planning - grant program - cash fund - requirements - study - staffing - labor - cost recovery - virtual power plant program - undergrounding of power lines - report - rules - legislative declaration - definitions - repeal. (1) Legislative declaration. (a) The general assembly finds that:
(I) Distribution system planning requirements for investor-owned utilities
were established by Senate Bill 19-236, enacted in 2019;
(II) The commission's distribution system planning rules and plans
established pursuant to Senate Bill 19-236, enacted in 2019, have provided a forum for planning the distribution system in order to support state policy goals based on current information about utility systems and proactive planning, although considerable work remains and customers are increasingly challenged by distribution system constraints;
(III) Colorado has goals of cost-effectively and reliably reducing greenhouse
gas emissions from transportation, electricity generation, building heating and cooling, water heating, and industrial fuel uses. To affordably and reliably reduce emissions from these uses as well as to meet federal, state, regional, and local air quality and decarbonization targets, standards, plans, and regulations, the state will need to rapidly shift customer end uses from fossil fuels to a cleaner electrical grid, which will drive a large increase in electricity demand.
(IV) Consumer demand for distributed energy resources, electric vehicles,
and beneficial electrification measures is expected to increase dramatically given state incentives and new rebates and incentives in the federal Inflation Reduction Act of 2022, Pub.L. 117-169;
(V) Customer demand for electric power may start exceeding qualifying
retail utility capacity on the distribution system in certain locations;
(VI) To affordably and reliably meet federal, state, regional, and local air
quality and decarbonization targets, standards, plans, and regulations, the state's electricity distribution systems must be substantially and strategically upgraded, new customers must be able to connect to the electrical distribution system, and existing customers must have their service levels promptly upgraded;
(VII) The state has an urgent need to increase its supply of affordable and
infill housing, requiring both new electrical distribution capacity and the prompt connection of new affordable housing to the distribution system;
(VIII) Improved and proactive distribution system planning to reduce delays
and meet building, affordable housing, and transportation electrification needs in an affordable and reliable manner is critical to protect Coloradans from the worst impacts of climate change, including extreme heat or cold, drought, and wildfires;
(IX) Electrifying transportation and buildings may put downward pressure on
rates by spreading fixed costs over more kilowatt-hours of usage so long as demand and supply can be dynamically integrated in ways that encourage utility investment in an affordable and reliable system that optimizes the use of grid assets;
(X) Constraints in the capacity of the electrical distribution system can limit
the ability of an individual customer to cost-effectively and reliably interconnect distributed energy resources and energize beneficial electrification and transportation electrification resources; and
(XI) Virtual power plants can offer the potential to cost-effectively and
reliably increase the grid value of distributed energy resources, limit costs for incorporating distributed energy resources, and increase the operational efficiency of the distribution system.
(b) The general assembly further finds that:
(I) A modern electric distribution system should take into account the need
for improved resilience and safety due to the increased occurrence of extreme weather events and climate-related wildfire risk;
(II) Undergrounding power lines can significantly help in avoiding the risk of
wildfires and power outages due to strong winds, severe storms, and dry conditions; and
(III) It is in the public interest that all ratepayers of a qualifying retail utility,
including those who do not live in a jurisdiction with a franchise agreement, have nondiscriminatory and equal access to the opportunity to benefit from investments in undergrounding power lines.
(c) The general assembly therefore determines and declares that:
(I) It is a matter of state urgency to ensure that there is sufficient capacity on
the distribution system to affordably and reliably meet Colorado's decarbonization goals and support consumer demand for retail distributed generation and beneficial electrification measures consistent with their benefit to the electrical grid;
(II) When determining where to make undergrounding conversion
expenditures, a qualifying retail utility should not, as a policy or course of business, discriminate against jurisdictions that do not have franchise agreements with the qualifying retail utility; and
(III) A qualifying retail utility should establish programs for nonfranchised
areas to have the same benefit under the same or similar terms as offered to areas that have franchise agreements with the qualifying retail utility.
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) Affordable housing means affordable housing that:
(I) Has received loans, grants, equity, bonds, or tax credits from any source
to support the creation, preservation, or rehabilitation of affordable housing that, as a condition of funding, encumbers the property with a restricted use covenant or similar recorded agreement to ensure affordability; or has been income-restricted under a local inclusionary zoning ordinance or other regulation or program;
(II) Restricts or limits maximum rental or sale price for households of a given
size at a given area median income, as established annually by the United States department of housing and urban development; and
(III) Ensures occupancy by low- to moderate-income households for a
specified period detailed in a restrictive use covenant or similar recorded agreement.
(b) Apprentice has the meaning set forth in section 8-15.7-101 (1).
(c) Automated distributed resource management system means a category
of technologies that manage distributed generation or load and that may be used to reduce or eliminate the need for system upgrades to the distribution system, customer service connection, or electrical infrastructure on the customer side of the service meter. These technologies include:
(I) Automated load management technologies;
(II) Certified power control systems; and
(III) Smart inverters.
(d) Certified power control system means software or hardware serving as
the interface of an automated distributed resource management system that can curtail the import and export of electricity, that has electricity import and export control set points, and that has been certified by a nationally recognized testing laboratory.
(e) Department means the department of labor and employment.
(f) DER aggregator means a company or an organization that controls,
monitors, and manages aggregated distributed energy resources to ensure performance of the aggregated distributed energy resources in a qualifying virtual power plant.
(g) Distributed energy resources or DER includes distributed generation,
energy storage systems, electric vehicles, microgrids, fuel cells, and demand-side management measures, including energy efficiency, demand response, and demand flexibility that are deployed at the distribution grid level on either the customer or utility side of the meter.
(h) Distribution activities means:
(I) Capital investment and operations and maintenance expenses associated
with equipment upgrades, repair and replacement programs, conductor replacements, conductor installations, pole repair and replacement, overhead rebuilds, inspection, modeling, asset data gathering, defect corrections, and major line rebuilds; and
(II) Similar activities and investments, including information and operational
technology investments, with the objective of enhancing the distribution system to meet state decarbonization goals and federal, state, regional, and local air quality and decarbonization targets, standards, plans, and regulations.
(i) (I) Energization or energize means connecting new customer load to
the electrical grid or upgrading electrical capacity to provide upgraded service to an existing customer, including establishing adequate electrical capacity to provide for the required service.
(II) Energization or energize does not include activities related to
interconnecting distributed generation.
(j) Energization time period means the elapsed time period beginning when
the qualifying retail utility receives a substantially complete energization project application and ending when the electrical service is installed and energized.
(k) Flexible interconnection or energization tariff means a set of rules and
requirements for expeditiously energizing new load or interconnecting a distributed energy resource to a qualifying retail utility's distribution system and includes an agreement for curtailing the import or export of electricity from and to the distribution system.
(l) Fund means the Colorado lineworker apprenticeship grant program cash
fund created in subsection (3)(h)(I) of this section.
(m) Grant program means the grant program created pursuant to
subsection (3)(a) of this section.
(n) Hosting capacity means the amount of distributed energy resources or
transportation or beneficial electrification that can be interconnected or energized to the qualifying retail utility's distribution system at a given time and at a given location under existing electrical grid conditions and that can operate without adversely impacting safety, power quality, reliability, or other operational criteria and without requiring system upgrades. Hosting capacity may be expressed in terms of a load or generation profile.
(o) Hybrid facility means a facility that has more than one device of
different technology types for the production, storage, or consumption of electricity that are located on the same site and have a single point of interconnection to the utility distribution system.
(p) Infill housing means the development of housing within existing
development patterns, as delineated by census urban areas established by the most recent federal decennial census.
(q) Non-wires alternatives means the strategic deployment of distributed
energy resources by a qualifying retail utility or a third party and associated control or aggregation of systems and technologies intended to cost-effectively defer or avoid the need for major distribution grid projects.
(r) Office means the Colorado energy office created in section 24-38.5-101
(1).
(s) Office of future of work means the office of future of work created in
section 8-15.8-103.
(t) Performance-based compensation means a financial payment that is
made to a qualified DER aggregator or passed through a DER aggregator to eligible customers participating in a VPP operated by that DER aggregator and that is provided based on the performance of a qualified virtual power plant during a qualified virtual power plant event.
(u) Phased interconnection or energization agreement means an
agreement between a qualifying retail utility and a customer to provide certain levels of electrical service capacity on a guaranteed timeline in exchange for the customer participating in the qualifying retail utility's flexible interconnection or energization tariff while necessary grid upgrades are being completed.
(v) Prosumer means a customer of a qualifying retail utility that
participates in a commission-approved virtual power plant program.
(w) Qualified aggregator means a DER aggregator that has control over
prosumer resources and has the demonstrated technical capability to dispatch distributed energy resources at required capacity levels when called upon by a qualifying retail utility using available technology, such as metering, telemetry, control software measurement and verification, and financial settlements.
(x) Qualifying distribution activity recovery means distribution activities for
which the commission approves recovery through the grid modernization adjustment clause.
(y) Qualifying retail utility means an investor-owned electric utility serving
five hundred thousand customers or more.
(z) State apprenticeship agency has the meaning set forth in section 8-15.7-101 (16).
(aa) System upgrades means the additions, modifications, and system
upgrades to a qualifying retail utility's distribution or commission-jurisdictional transmission system, including customer-driven upgrades necessary to interconnect distributed energy resources, energize or service-connect transportation and beneficial electrification measures, or facilitate service connections to affordable housing or infill housing.
(bb) Virtual power plant or VPP means a commission-approved program
that achieves the collective management of dispatchable demand or distributed energy resources connected to the utility distribution grid.
(3) Grant program - report - cash fund - repeal. (a) The office of future of
work, in coordination with the office, shall create a grant program for lineworker apprenticeship programs to expand apprenticeship programs registered with the United States department of labor's office of apprenticeship or the state apprenticeship agency.
(b) The office of future of work shall create a competitive application
process through which the office of future of work selects eligible registered apprenticeship programs as grant recipients.
(c) A grant recipient must satisfy, at a minimum, the following criteria:
(I) The grant recipient must train apprentices as transmission or distribution
lineworkers on construction projects and related installations; and
(II) The grant recipient must match the grant award with actual or in-kind
resources.
(d) The office of future of work shall offer grants for the following purposes:
(I) Funding for training materials or software, apprenticeship tools and
supplies, and hands-on training equipment or technology upgrades to expand registered apprenticeship programs that instruct transmission or distribution lineworkers; and
(II) Additional staffing to expand instruction capacity of registered
apprenticeship programs to instruct transmission or distribution lineworkers.
(e) The office of future of work shall reserve at least fifty percent of the
grant funding for grants that are directed toward programs that are organized as a multiemployer registered apprenticeship program organized through a joint apprenticeship training committee.
(f) The office of future of work shall encourage the primary applicant for a
grant to include a diverse set of co-applicants, which may include trade associations, employers, labor union organizations, public utilities, accredited institutions of higher education, state-accredited community colleges, or other co-applicants that can advance the goals of allowing apprentices to reach full journeyworker status as a utility transmission or distribution lineworker.
(g) The office of future of work shall:
(I) Publish the grant application no later than January 1, 2025;
(II) Develop performance expectations for grant recipients, which may
contemplate the termination of a grant recipient's participation in the grant program if the grant recipient fails to satisfy the performance expectations;
(III) Require grant recipients to annually report data to the office of future of
work, which must include, at a minimum, a detailed statement of the grant recipient's allocation of grant money received pursuant to the grant program, including administration costs; and
(IV) Beginning in 2026, and in each year thereafter, submit a report
compiling the data received pursuant to subsection (3)(g)(III) of this section to the business, labor, and technology committee of the senate and the business affairs and labor committee of the house of representatives, or any successor committees.
(h) (I) The Colorado lineworker apprenticeship grant program cash fund is
created in the state treasury. The fund consists of gifts, grants, and donations and any money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Money in the fund is continuously appropriated to the department for allocation to the office of future of work for the purposes of administering the grant program pursuant to this subsection (3). The office of future of work may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of administering the grant program pursuant to this subsection (3).
(II) (A) On July 1, 2024, the state treasurer shall transfer eight hundred
thousand dollars from the general fund to the fund.
(B) This subsection (3)(h)(II) is repealed, effective July 1, 2026.
(i) This subsection (3) is repealed, effective July 1, 2028.
(4) Near-term actions - interconnection and energization backlogs -
identification of hosting capacity - cost recovery. (a) Qualifying retail utilities shall upgrade the state's electrical distribution systems as needed and in time to affordably and reliably support the achievement of the state's beneficial and transportation electrification and decarbonization goals and support implementation of federal, state, regional, and local air quality and decarbonization targets, standards, plans, and regulations.
(b) To promptly, affordably, and reliably interconnect and energize new
customers and comply with the obligation to serve without substantial delay, a qualifying retail utility shall:
(I) Commence a data collection process to inform future energization
timelines. The commission may open or use an existing miscellaneous proceeding to accept information collected by the qualifying retail utility and from other stakeholders.
(II) Meet the interconnection deadlines specified in section 40-2-135 and
commission rules;
(III) Adopt the following cost caps, which cost caps must remain in effect
until the commission completes the rule-making described in subsection (6) of this section:
(A) For distributed generation systems that are twenty-five kilowatts or less,
adopt a cap of no more than three hundred dollars for an individual customer's responsibility for interconnection costs for a customer-caused upgrade of the qualifying retail utility's distribution system, so long as the costs above the cap remain recoverable by the qualifying retail utility;
(B) For residential customers energizing transportation electrification or
beneficial electrification, not require the customer to pay for the costs of associated distribution system upgrades, so long as the costs remain recoverable by the qualifying retail utility; and
(C) For affordable housing developments, cap the costs for interconnection
or energization for a project-caused upgrade of the qualifying retail utility's distribution system at a level of three hundred dollars per residential unit of affordable housing, so long as costs above the cap remain recoverable by the qualifying retail utility;
(IV) Propose, and the commission shall authorize, modify, or deny in a manner
consistent with the public interest, the use of an optional flexible interconnection or energization tariff or phased interconnection or energization agreement by a customer as an alternative to a system upgrade that would otherwise be required by the qualifying retail utility in response to the customer's request to interconnect or energize a distributed energy resource; and
(V) Establish a procedure for customers with a hybrid facility to complete the
interconnection and energization processes through a single application.
(c) A qualifying retail utility shall identify interconnection and load hosting
capacity for DERs, including beneficial electrification and transportation electrification, for disproportionately impacted communities within its service territory.
(d) (I) Prior to the establishment of the grid modernization adjustment clause,
a qualifying retail utility shall recover the forecasted investments placed in service and expenses incurred for distribution activities during the period beginning on May 22, 2024, and ending on December 31, 2025, consistent with this section.
(II) Cost recovery must occur through the transmission cost adjustment
clause or another existing adjustment clause, subject to:
(A) A one-half percent retail rate impact cap on an annualized basis for 2024;
and
(B) A one and one-fourth percent retail rate impact cap on an annualized
basis for 2025.
(III) Within thirty days after May 22, 2024, a qualifying retail utility shall file
an advice letter with the commission identifying the distribution activities for recovery, including the revenue requirement for the distribution activities and a return at the qualifying retail utility's most recently approved weighted average cost of capital, for the period beginning on May 22, 2024, and ending on December 31, 2024, to be included in the transmission cost adjustment clause or an existing adjustment clause with an effective date within sixty days after May 22, 2024.
(IV) On or before November 1, 2024, a qualifying retail utility shall file an
advice letter with the commission identifying the distribution activities for recovery, including the revenue requirement for the distribution activities and a return at the qualifying retail utility's most recently approved weighted average cost of capital, for the period beginning January 1, 2025, and ending December 31, 2025, to be included in the transmission cost adjustment clause or an existing adjustment clause with an effective date of January 1, 2025.
(V) The amounts recovered pursuant to this subsection (4)(d) are subject to a
true-up with any positive or negative balance credited to customers or recovered by the qualifying retail utility in the subsequent year and with the financing cost for the transmission cost adjustment clause or the applicable existing adjustment clause applied to the positive or negative balances. All amounts recovered are subject to a prudence review by the commission through either a standalone prudence review proceeding or in a base rate proceeding.
(VI) In addition to the amounts recovered pursuant to this subsection (4)(d), a
qualifying retail utility may spend and recover through the transmission cost adjustment clause or another existing adjustment clause the revenue requirement associated with up to an additional one hundred fifty million dollars in investment to order equipment to advance distribution activities, such as power transformers, service transformers, capacitor banks, switch cabinets, and feeder cables, as long as the investments are prudently incurred for the purposes of achieving economies of scale, addressing supply chain concerns, or other similar purposes.
(5) Long-term actions - distribution system plan requirements - approval
by commission - staffing requirements - labor requirements - report. (a) A qualifying retail utility shall file distribution system plans pursuant to section 40-2-132, subject to review, approval, modification, or denial by the commission, to create sufficient hosting capacity across its electrical distribution system to affordably and reliably support the implementation of the following:
(I) Federal, state, regional, and local air quality and decarbonization targets,
standards, plans, and regulations;
(II) The transportation, affordable housing, new infill housing, and building
electrification policies of state and local law, including:
(A) The rules adopted by the air quality control commission related to
greenhouse gas emission reductions from light-duty and heavy-duty motor vehicles; and
(B) The rules adopted by the air quality control commission pursuant to
section 25-7-142 or local building performance standards;
(III) State agency, local agency, and local government plans and
requirements related to housing, economic development, critical facilities, transportation, and building electrification;
(IV) Enforceable and funded federal, state, regional, and local policies, plans,
goals, incentives, or requirements designed to increase access to distributed energy resources, electrified transportation, and building electrification in disproportionately impacted communities; and
(V) The qualifying retail utility's approved renewable energy standard plan,
clean heat plan, beneficial electrification plan, demand-side management plan, gas infrastructure plan, and transportation electrification plan required by this title 40.
(b) In developing distribution system plans pursuant to section 40-2-132,
consistent with state-level recognized best practices for community outreach, a qualifying retail utility shall consult with and provide opportunities for meaningful engagement and education through multilingual and culturally relevant outreach to disproportionately impacted communities.
(c) (I) As part of a distribution system plan proceeding, a qualifying retail
utility shall present at least two future planning scenarios with corresponding investments to show different future states of the distribution system.
(II) In determining the distribution capacity necessary to meet projected load
growth and distributed energy resource expansion, including to affordably and reliably support implementation of applicable targets, standards, plans, and regulations described in subsection (5)(a) of this section, a qualifying retail utility shall incorporate a scenario that incorporates load and managed generation flexibility that may increase system capacity utilization, reduce the need for system upgrades, and lower system costs.
(III) In determining to which portions of the distribution system to propose
system upgrades to affordably and reliably support the implementation of the applicable targets, standards, plans, and regulations described in subsection (5)(a) of this section, a qualifying retail utility shall prioritize capacity investments in areas of its distribution system that are at or near their hosting capacity limits or that are projected to have energization loads that cannot be met without a system upgrade. A qualifying retail utility shall prioritize system upgrades targeted at improving infrastructure for income-qualified or disproportionately impacted communities with residential capacity constraints.
(IV) Specific to reliability investments, a qualifying retail utility shall
prioritize investments for disproportionately impacted communities based on reliability information provided in the qualifying retail utility's quality of service plan.
(d) In evaluating a qualifying retail utility's distribution system plans, the
commission shall evaluate whether the distribution system plan:
(I) Establishes a long-term distribution system plan, which must cover at
least five years, that includes timelines and budgets to create sufficient hosting capacity across the qualifying retail utility's electrical distribution system to affordably and reliably support the implementation of the applicable targets, standards, plans, and regulations described in subsection (5)(a) of this section;
(II) Includes the identification of specific distribution investments needed to
strategically support the applicable targets, standards, plans, and regulations described in subsection (5)(a) of this section over the planning period, which must cover at least five years, with increased specificity in the first two years of the planning period;
(III) Includes detailed mapping of distribution hosting capacity with
appropriate safeguards to protect critical infrastructure, as determined by the commission;
(IV) Includes a process to identify and evaluate infill housing loads;
(V) Includes proposed, unless already informed or satisfied by commission
rules, standardized, quantifiable, and transparent processes and timelines within the planning period for formal load and generation interconnection and energization requests, so long as the qualifying retail utility is not required to include energization timelines as part of its first distribution system plan filed after May 22, 2024;
(VI) Includes proposed actions to facilitate programs for:
(A) The competitive acquisition of cost-effective non-wires alternatives to
defer or avoid identified system distribution infrastructure projects, subject to investment thresholds in commission rules;
(B) Load and generation flexibility, including interruptible programs, with
due consideration given to programs proposed or approved in other commission proceedings; and
(C) Other alternatives to system upgrades, which may include automated
distributed resource management systems;
(VII) Includes adequate reporting and system mapping to implement the
proposed plan and programs, as well as:
(A) To the extent available at the time of the distribution system plan filing,
the average, median, and standard deviation time between receiving a formal application for interconnection or energization and energizing the electrical service; constraints and obstacles to each type of interconnection or energization, such as funding limitations, qualified staffing availability, or equipment availability; and any other information required by the commission; and
(B) If the interconnection and energization time periods exceed any
established, commission-approved average target energization time periods, as determined in a qualifying retail utility's distribution system plan proceeding, or if the qualifying retail utility has a substantial number of interconnection or energization applications that exceed any established commission-approved maximum target energization time periods, a strategy for meeting the target energization time periods in the future; and
(VIII) Includes documentation demonstrating progress toward
implementation of previously approved distribution system plans.
(e) The distribution system plan must include a performance-based
framework, which must consist of:
(I) Applicable interconnection timelines;
(II) Applicable energization timelines, so long as:
(A) The energization timelines are not applicable to the first distribution
system plan filed after May 22, 2024;
(B) In the second distribution system plan filed after May 22, 2024,
measurement of any energization timelines must commence upon submission by the customer of a formal load request, and any performance-based framework must only include the steps in the energization process that are the sole responsibility of the qualifying retail utility;
(C) Any energization timelines in a performance-based framework must
account for extenuating circumstances, as demonstrated by the qualifying retail utility, that do not result in any finding of noncompliance by the commission for the qualifying retail utility;
(D) Any energization timelines and performance requirements do not include
conceptual capacity checks or other informational evaluations that may precede a formal load request; and
(E) The qualifying retail utility must be required to track and collect data on
steps and outcomes that may precede the formal energization process, and the commission may consider this data in updating any performance-based energization timeline requirements in the third distribution system plan filed after May 22, 2024; and
(III) Reasonable and cost-effective targets measured in megawatts for
flexible load and demand management, so long as:
(A) A general target-setting framework must be evaluated in the first
distribution system plan filed after May 22, 2024, and further developed through other planning processes, including subsequent distribution system plans, electric resource plans, and demand-side management plans; and
(B) The targets are applicable in the second distribution system plan filed
after May 22, 2024, and subsequent distribution system plans.
(f) (I) A qualifying retail utility shall include in its distribution system plan a
detailed analysis of its current qualified staffing level and future required qualified staffing level for each job classification needed to achieve the policies and requirements of this section. The analysis of workforce needs must include review of both the anticipated needs of future utility employees as well as the anticipated needs for workforce acquired through third-party utility and construction contractors. Adequate staffing includes engineering and programming staff necessary to oversee the timely interconnection of distributed energy resources, energization of electrified end uses, and energization of new service connections to the qualifying retail utility's distribution system.
(II) The commission shall review whether each qualifying retail utility has
adequate qualified staffing needed to achieve the policies and requirements of this section. The analysis of adequate staffing must be considered in a qualifying retail utility's distribution system plan proceeding.
(g) A qualifying retail utility shall ensure that, in any construction, expansion,
or maintenance of distribution projects undertaken as a part of the distribution system plan, all labor is performed either by the employees of the qualifying retail utility or by qualified contractors, or both, and that, except as otherwise provided in subsection (5)(i) of this section, a qualifying retail utility shall not use a contractor unless:
(I) The contractor is chosen from a list of qualified contractors prepared and
updated at least annually by the department; and
(II) The contractor's employees have access to an apprenticeship program
registered with the United States department of labor's office of apprenticeship or the state apprenticeship agency; except that this apprenticeship program requirement does not apply to:
(A) The design, planning, or engineering of the facilities;
(B) Management functions to operate the facilities; or
(C) Any work performed in response to a warranty claim.
(h) To qualify pursuant to subsection (5)(g)(I) of this section, an
apprenticeship program must certify to the qualifying retail utility that:
(I) Its curriculum includes requirements for the completion of:
(A) At least seven thousand hours of on-the-job training to achieve
journeyman lineman status, with at least six hundred fifty of those hours spent working on energized power lines at voltages of at least six hundred volts; and
(B) A class in electric transmission and distribution offered by the federal
occupational safety and health administration known as the OSHA ET&D ten-hour training and comprising content substantially equivalent to that of the OSHA 10 class offered during calendar year 2021; and
(II) Supervision of apprentices meets the following standards:
(A) Apprentices must work under the supervision of a journeyman-level
worker at all times; and
(B) The ratio of apprentices to journeymen linemen does not exceed two to
one when working on distribution projects for both energized and nonenergized work.
(i) The request for proposal for any contract work on facilities subject to this
section must be submitted to the list of qualified contractors described in subsection (5)(g)(I) of this section for at least sixty days. If none of the contractors on the list submits a qualifying bid within sixty days, then the entity procuring the work may solicit bids from contractors that are not on the list but otherwise qualify under the terms of the request for proposal so long as those terms include compliance with all applicable laws and regulations related to safety.
(j) Notwithstanding section 24-1-136 (11)(a)(I), two years after the approval of
any distribution system plan, and every two years thereafter, a qualifying retail utility shall prepare a report and submit the report to the general assembly and the commission outlining progress toward the objectives set forth in this section, including progress toward meeting the hosting capacity needs in disproportionately impacted communities identified pursuant to subsection (4)(c) of this section. The progress reports must be posted on the qualifying retail utility's website and the commission's website.
(6) Longer-term requirements - rules. (a) Following the adjudication and
final commission decision on a qualifying retail utility's first distribution system plan filing after May 22, 2024, the commission shall open a rule-making, for a qualifying retail utility, to consider and establish:
(I) Target average and maximum energization timelines;
(II) Any necessary updates to existing interconnection rules;
(III) Rules for interconnection, energization, and electrification of end uses in
new construction homes, particularly regarding time frames for responding to cost projection requests, the reliability of utility cost estimates, and reasonable construction schedules; and
(IV) Maximum individual customer cost caps or fees for interconnection or
energization of resources of all sizes to help defray or eliminate the costs of interconnecting new distributed generation or energizing transportation or beneficial electrification load to the electrical grid. The rules, where appropriate, should specifically exempt income-qualified customers from payment of system upgrade fees.
(b) The rule-making described in subsection (6)(a) of this section may set
different fees based on the inclusion of technologies or agreements to reduce system costs, including flexible interconnection or energization tariffs and automated distributed resource management systems.
(c) The commission's consideration of the rule-making proceeding described
in subsections (6)(a) and (6)(b) of this section must conclude in a time that is sufficient to allow the qualifying retail utility to file its second distribution system plan after May 22, 2024.
(7) Cost recovery - grid modernization adjustment clause. (a) A qualifying
retail utility shall recover, on an annual basis, projected distribution activities through a grid modernization adjustment clause established as part of the qualifying retail utility's first distribution system plan application after May 22, 2024, so long as the grid modernization adjustment clause continues in effect through subsequent distribution system plans.
(b) (I) Within the distribution system plan, a qualifying retail utility shall
propose, and the commission shall evaluate, whether the projected distribution activities and corresponding budgets strategically benefit or advance the applicable targets, standards, plans, and regulations described in subsection (5)(a) of this section or state energy policy goals, including greenhouse gas emission reductions, beneficial electrification, increased reliability, and increased resiliency, and the commission shall allow grid modernization adjustment clause recovery for such approved distribution activities.
(II) If the commission finds that the projected distribution activities and
corresponding budgets affordably and strategically benefit or advance the goals described in subsection (7)(b)(I) of this section, the distribution activities are qualifying distribution activity recovery and recovery must occur through the grid modernization adjustment clause in a manner consistent with this section.
(III) For projected distribution activities and corresponding budgets that the
commission finds do not benefit or advance the goals described in subsection (7)(b)(I) of this section, recovery may occur through the grid modernization adjustment clause if the qualifying retail utility meets the criteria established in the performance-based framework approved by the commission pursuant to subsection (5)(e) of this section through the distribution system planning process.
(c) (I) The grid modernization adjustment clause is subject to annual
adjustments, which are effective on January 1 of each year.
(II) A qualifying retail utility shall make a grid modernization adjustment
clause advice letter filing with the commission annually, and no later than November 1 of each year, with an effective date of January 1 of the subsequent year, which must include the qualifying distribution activity recovery and other distribution activities approved pursuant to subsection (7)(b) of this section for the next twelve months, including a return at the qualifying retail utility's most recently approved weighted average cost of capital.
(III) The grid modernization adjustment clause must be reduced to the extent
that any prudently incurred costs being recovered through the grid modernization adjustment clause have already been included in the qualifying retail utility's base rates as a result of the commission's final order in a rate case, and recovered qualifying distribution activity recovery is subject to a true-up with any positive or negative balance credited to customers or recovered by the qualifying retail utility in the subsequent year and an appropriate financing cost applied to the positive or negative balances.
(d) Recovery through the grid modernization adjustment clause must not
apply to wholesale customers with rates under federal jurisdiction or customers that do not take distribution service from the qualifying retail utility.
(8) Virtual power plant program. (a) No later than February 1, 2025, a
qualifying retail utility shall create and file with the commission an application to implement a virtual power plant program, including a tariff for performance-based compensation for a qualified virtual power plant.
(b) A virtual power plant program implemented pursuant to subsection (8)(a)
of this section:
(I) Must define the goals of the virtual power plant program and consider the
role that virtual power plants can play in modeling and meeting system needs in the resource planning process and eligibility requirements for DER aggregators and technologies;
(II) Must establish a requirement for a DER aggregator to participate in a
virtual power plant as a qualified aggregator, including communication, dispatch, measurement and verification, and settlement of performance-based compensation;
(III) May set a cap for individual resource capacity and minimum aggregation
capacity for participation in the virtual power plant program;
(IV) Must have provisions for the enrollment of prosumers by DER
aggregators;
(V) Must have requirements for a DER aggregator to participate in a virtual
power plant tariff, including requirements for the measurements of distributed energy resources associated with the virtual power plant;
(VI) Must have requirements for a standard tariff or tariffs to set
performance requirements and performance-based compensation for the DER aggregator, which requirements must include:
(A) A requirement that otherwise eligible customers must participate in the
tariff or tariffs through a DER aggregator, regardless of the customer's electricity service rate; and
(B) A requirement to explore the costs and benefits of setting the tariff
requirements and compensation for a period of five years, after which DER aggregators may be required to transition to different tariff requirements and compensation;
(VII) Must have streamlined and reasonable data requirements for the
participation of qualified aggregators, prosumers, or otherwise eligible customers in the virtual power plant program;
(VIII) Must provide that prosumers or otherwise eligible customers must not
be disqualified from participation in a commission-approved virtual power plant program or performance-based compensation due to receipt of other incentives, including up-front incentives or performance payments for energy, capacity, or other grid services that are distinct from the virtual power plant;
(IX) Must provide that prosumers or otherwise eligible customers are not
compensated for the provision of the same service more than once;
(X) Must require that DER aggregators adhere to all relevant interconnection
rules, tariffs, and applicable qualifying retail utility procedures to ensure the safe operation of virtual power plants within the distribution system;
(XI) Must prescribe the method for setting performance-based
compensation. The virtual power plant program may make use of tariff riders to reflect standard and additional values provided by certain resources, locations, times, or grid conditions. To the extent applicable, the performance-based compensation methodology must reflect the full value of services, which may include:
(A) Local and system peak demand reduction;
(B) Clean peak service;
(C) Voltage support and other ancillary services;
(D) The avoidance or deferral of electric or gas transmission or distribution
upgrades or capacity expansion;
(E) Locational value as revealed by a grid needs assessment or participation
in non-wires alternatives identified in the qualifying retail utility's distribution system plan;
(F) The use of telemetry for settlement; and
(G) Other functions that the commission determines are supportive of
efficient planning and operation of the electrical grid; and
(XII) Must allow a qualifying retail utility to serve as a DER aggregator so
long as the tariff or access to necessary data does not provide the utility a competitive advantage over third-party aggregators.
(c) As part of the tariff application, the commission shall consider whether it
is appropriate to set different performance-based compensation and requirements for different technologies or services.
(d) Any tariff filed by a qualifying retail utility pursuant to subsection (8)(a)
of this section must include, at a minimum, the following terms for the commission to approve, modify, or deny the tariff:
(I) Minimum and maximum numbers of grid events for which the qualifying
retail utility may dispatch the virtual power plant;
(II) Months of the year that grid events can occur;
(III) Days of the week that grid events can occur;
(IV) Times of day that grid events can occur;
(V) The maximum duration of grid events; and
(VI) Minimum advance notification requirements of grid events.
(e) Nothing in this section affects a qualifying retail utility's net metering
program required by section 40-2-124 for energy that is exported outside of a commission-approved virtual power plant program.
(f) A qualifying retail utility shall recover costs to facilitate a virtual power
plant program, including foundational technology costs or investments, operations and maintenance expenses, operating technology costs or investments, and information technology costs or investments, through the grid modernization adjustment clause.
(g) (I) In order to participate in a virtual power plant program under this
section, an individual energy storage project put out to bid by the project owner after June 30, 2024, with a usable energy capacity of one megawatt or higher is subject to the requirements of sections 24-92-304, 24-92-305, 24-92-306, and 24-92-307.
(II) The DER aggregator administering the VPP shall file an affidavit under
penalty of perjury with the commission stating that all energy storage systems with a usable energy capacity of one megawatt or higher participating in the VPP are in compliance with this section.
(III) The commission may ask the qualifying retail utility to get additional
information or documentation from the DER aggregator if the commission deems it necessary to ensure compliance with this section.
(IV) After the initial filing of the affidavit with the commission, if a DER
aggregator adds an individual additional storage system capacity of one megawatt or higher, the DER aggregator shall file another affidavit with the commission.
(h) Unless implemented in another proceeding, the commission shall
determine whether to direct a qualifying retail utility to propose a competitive solicitation for virtual power plants that may operate in conjunction with the tariff-based virtual power plant program in evaluating the approval of the tariff.
(9) Underground conversion and community benefit programs - plans -
definition. (a) By January 1, 2025, a qualifying ret
C.R.S. § 40-21-102
40-21-102. Officials at general offices. It is the duty of said railroad company to keep and maintain at the place within this state where its said general offices are located the office of its president or vice-president, secretary, treasurer, local treasurer, auditor, general freight agent, traffic manager, general manager, general superintendent, general passenger and ticket agent, chief engineer, superintendent of motive power and machinery, master mechanic, master of transportation, fuel agent, and general claim agent; and each of its general offices, by whatsoever name known, shall be so kept and maintained at said place. This article shall apply to every person who performs the duties of any of said offices, by whatever title known, and the railroad company shall not be allowed to have any of the offices usually known as general offices at any other place than the place where it is required by this article to keep its general offices. Where the principal shops of any company are situated on its line in the state at a place other than the place where its general offices are located, the superintendent of motive power and machinery and the master mechanic, either or both, may have his office and residence at the place where such principal shops are located. The public utilities commission of the state of Colorado, where it is made to appear that any officer other than the general officers of any railroad company can more conveniently perform his duties by residing at some place on the line in Colorado other than the place where the general offices are situated, by order entered on its record may authorize any such officer so to reside and keep his office at such place.
Source: L. 09: p. 472, � 2. C.L. � 2825. CSA: C. 139, � 11. CRS 53: � 116-2-2.
C.R.S. 1963: � 116-2-2.
C.R.S. § 40-27-106
40-27-106. Engineer to notify agent - inspection. (1) Whenever any cattle, sheep, horses, mules, or asses are killed or injured by any train, engine, or car upon any railway in this state, it is the duty of the engineer operating the engine, train, or car to notify the station agent at the first station at which the train stops after the killing or wounding or the superintendent or other proper official at the end of the division where the engineer's run ends. Should none of the employees of the train be aware of such killing or wounding, then it is the duty of any employee of the railway who becomes aware of such accident to notify the station agent at the nearest station to the point where the accident occurred.
(2) It is the duty of the railroad company, through its station agent or such
other official as may be designated, upon receipt of the information of the killing or wounding of any such livestock by any engine, train, or car, as soon as may be, to notify the section foreman upon whose section the accident occurred and also the nearest inspector of the state board of stock inspection commissioners.
(3) It is the duty of the section foreman upon receiving the information to go
to the point where the animal was killed or injured as soon as may be and there inspect the same, securing a full description of the animal together with any brands or marks that are upon the same and such other details as may serve to determine the ownership of such animal.
(4) It is the duty of said stock inspector, as soon as may be after receiving
said notice, to go to the point where the animal was killed or injured and there inspect the same, securing a full description of the animal together with any brands or marks that may be on the same and such other details as may serve to determine ownership of such animal. It is also the duty of the inspector to estimate as nearly as possible the probable value of said animal if killed or the amount of damages if injured.
(5) Should the animal be so badly injured that it is in great suffering and
cannot live or recover, it is the duty of either the stock inspector or the section foreman upon inspection to immediately kill the animal. If through any cause such an authorized inspector does not appear to inspect such animal so killed within thirty-six hours after such killing, it is the duty of the section foreman to remove the hide of said animal and preserve the same until it has been inspected by such inspector, and thereafter the carcass of such animal shall be disposed of by the railroad company, without prejudice to its rights, in such manner as it may determine.
Source: L. 11: p. 402, � 5. C.L. � 2867. CSA: C. 139, � 53. CRS 53: � 116-8-6.
C.R.S. 1963: � 116-8-6.
Cross references: For the creation of a state board of stock inspection
commissioners, see article 41 of title 35.
C.R.S. § 40-27-114
40-27-114. Care of animals injured. Whenever any horse, cow, or other animal is injured by a train or otherwise on the right-of-way of any railroad company, it is the duty of trackwalkers, section men, brakemen, conductors, firefighters, engineers, and other employees of said company to care for such animal at once and report the facts to the nearest station agent and then notify the state board of stock inspection commissioners. It is the duty of the agent to give immediate notice, when possible, of the condition of such animal to the owner or the owner's agent whose duty it is forthwith upon receipt of notice to have such animal properly cared for. When immediate notice to the owner is not possible, it is the duty of the station agent to have such injured animal properly cared for without delay.
Source: L. 05: p. 286, � 1. R.S. 08: � 5497. C.L. � 2875. CSA: C. 139, � 61. CRS
53: � 116-8-14. C.R.S. 1963: � 116-8-14. L. 97: Entire section amended, p. 1031, � 64, effective August 6.
C.R.S. § 40-4-106
40-4-106. Rules for public safety - crossings - civil fines - allocation of expenses - definitions. (1) (a) The commission may, after a hearing on its own motion or upon complaint, make general or special orders, promulgate rules, or act by other means to require each public utility to maintain and operate its lines, plant, system, equipment, electrical wires, apparatus, tracks, and premises in such a manner as to promote and safeguard the health and safety of its employees, passengers, customers, subscribers, and the public and to require the performance of any other act that the health or safety of its employees, passengers, customers, subscribers, or the public may demand.
(b) If, pursuant to this subsection (1), the commission issues an order or
promulgates a rule requiring a railroad company to comply with railroad crossing safety regulations, the commission may impose a civil penalty pursuant to article 7 of this title 40, in an amount not to exceed the maximum amount set forth in section 40-7-105 (1), against a railroad company that fails to comply with the order or rule.
(2) (a) The commission has the power to determine, order, and prescribe, in
accordance with the plans and specifications to be approved by it, the just and reasonable manner including the particular point of crossing at which the tracks or other facilities of any public utility may be constructed across the facilities of any other public utility at grade, or above or below grade, or at the same or different levels, or at which the tracks or other facilities of any railroad corporation may be constructed across any public highway at grade, or above or below grade, or at which any public highway may be constructed across the tracks or other facilities of any railroad corporation at grade, or above or below grade and to determine, order, and prescribe the terms and conditions of installation and operation, maintenance, and warning at all such crossings that may be constructed, including the posting of personnel or the installation and regulation of lights, block, interlocking, or other system of signaling, safety appliance devices, or such other means or instrumentalities as may to the commission appear reasonable and necessary to the end, intent, and purpose that accidents may be prevented and the safety of the public promoted.
(b) Whenever the commission orders in any proceeding before it, regardless
of by whom or how such proceeding was commenced, that automatic or other safety appliance signals or devices be installed, reconstructed, or improved and operated at any crossing at grade of any public highway or road over the tracks of any railroad corporation, the commission shall also determine and order, after notice and hearing, how the cost of installing, reconstructing, or improving such signals or devices shall be divided between and paid by the interested railroad corporation whose tracks are located at the crossing on the one hand and the chief engineer and the interested city, city and county, town, county, or other political subdivision of the state on the other hand. In determining how much of the cost shall be paid by the railroad corporation, consideration shall be given to the benefit, if any, that will accrue from the signals or devices to the railroad corporation, but in every case the part to be paid by the railroad corporation shall be not less than twenty percent of the total cost of the signals or devices at any crossing, and the orders shall provide that every signal or device installed will be maintained by the railroad corporation for the life of the crossing to be so signalized. In order to compensate for the use of the crossings by the public generally, the commission shall also order that such part of the cost of installing, reconstructing, or improving the signals or devices as will not be paid by the railroad corporation be divided between the highway-rail crossing signalization fund and the city, town, city and county, county, or other political subdivision in which the crossing is located, and the commission shall fix in each case the amount to be paid from the highway-rail crossing signalization fund and the amount to be paid by the city, town, city and county, county, or other political subdivision. Any order of the commission under this section for the payment of any part of any such costs from the highway-rail crossing signalization fund is authority for the state treasurer to pay out of said fund to the person, firm, or corporation entitled thereto under the commission's order the amount so determined to be paid from said fund. The requirement of notice and hearing in this section is deemed to have been complied with by the commission's giving notice of and holding a hearing upon the question of whether any such signals or devices are required at any crossing; but in such cases the notice shall state that the question of how the costs will be borne and paid will be considered at and determined as a result of the hearing for which the notice is given. This paragraph (b) shall not apply to any grade crossing when all or any part of the cost of the installation, reconstruction, or improvement of the signals or devices at the crossing will be paid from funds available under any federal or federal-aid highway act.
(3) (a) (I) The commission also has power upon its own motion or upon
complaint and after hearing, of which all the parties in interest including the owners of adjacent property shall have due notice, to order any crossing constructed at grade or at the same or different levels to be relocated, altered, or abolished, according to plans and specifications to be approved and upon just and reasonable terms and conditions to be prescribed by the commission, and to prescribe the terms upon which the separation should be made and the proportion in which the expense of the alteration or abolition of the crossing or the separation of the grade should be divided between the railroad corporations affected or between the corporation and the state, county, municipality, or public authority in interest.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (a),
the affected railroad corporation, the commission, the department of transportation, or the local government responsible for supervising and maintaining the intersecting public highway or road may abolish any crossing at grade of any public highway or road over the tracks of a corporation if:
(A) The crossing is without gates, signals, alarm bells, or warning personnel
and is located within one-quarter mile of a crossing with gates, signals, alarm bells, or warning personnel or a separated grade crossing;
(B) The crossing is not the only crossing that provides access to property;
(C) No less than sixty days prior to the proposed abolition date, the railroad
corporation, commission, department of transportation, or local government posts conspicuous notice of the proposed abolition at the crossing and gives written notice of the proposed abolition to all other entities authorized to initiate abolition of the crossing pursuant to this subparagraph (II); and
(D) Neither any entity given notice nor any other interested party files an
objection to the abolition pursuant to subparagraph (III) of this paragraph (a).
(III) A crossing shall not be abolished pursuant to subparagraph (II) of this
paragraph (a) if an entity given notice pursuant to sub-subparagraph (C) of subparagraph (II) of this paragraph (a) or any other interested party, within sixty days of receiving such notice, files with the commission and provides to the entity that gave notice of the proposed abolition a written objection to the abolition. The written objection shall include a statement by a professional engineer licensed to practice in Colorado that indicates that the engineer is familiar with the requirements of subparagraph (II) of this paragraph (a) and all relevant aspects of the crossing and has examined the crossing and believes that it is safe as designed. However, nothing in this subparagraph (III) shall preclude the abolition of the crossing pursuant to subparagraph (I) of this paragraph (a).
(b) (I) (A) The commission is authorized to approve individual projects
wherein the allocation of the total expenses of the separation of grades to be paid by the railroad corporation or railroad corporations may exceed two million five hundred thousand dollars. The commission may approve more than one project, the sum totals of which may exceed the two-million-five-hundred-thousand-dollar cap set forth in this subparagraph (I), but in no event shall an individual class I railroad corporation pay more than two million five hundred thousand dollars of the cost of a single project or the cost of more than one project in any calendar year. Nothing in this subparagraph (I) shall preclude any railroad corporation from voluntarily contributing more than its allotted share for grade separation construction in one year, and, in such event, all amounts contributed by such railroad exceeding its allotted share in any one year shall be credited to and shall serve to reduce any payment for grade separation construction expenses by that railroad in subsequent years.
(B) Repealed.
(II) If the cost of a project is such that it calls for payment by a railroad
corporation in more than one calendar year or if the amount due from the railroad corporation exceeds two million five hundred thousand dollars and thus must be made in consecutive calendar years, nothing in this section shall be construed to require that the approved project must be subjected to reapplication or rereview by the commission.
(III) In determining how much of the total expense of the separation of
grades shall be paid by the railroad corporation or railroad corporations and by the state, county, municipality, or public authority in interest, consideration shall be given to the benefits, if any, which accrue from the grade separation project and the responsibility for need, if any, for such project. The railroad corporation or railroad corporations and the state, county, municipality, or public authority in interest shall share the costs for that portion of the project which separates the grades and constructs the approaches thereto. The commission shall consider the costs of obtaining rights-of-way, the costs of construction, and the costs of engineering. To the extent that the requirements of the railroad corporation or railroad corporations and the state, county, municipality, or public authority in interest generate additional costs beyond that necessary to provide the grade separation, such costs shall be borne by the responsible entity.
(IV) This paragraph (b) shall not apply to any project for the elimination of
hazards at any railway-highway crossing when all or any part of the cost of such project will be paid from money made available for expenditure under title 23, U.S.C.; except that any amount paid by a railroad corporation for such an exempt project shall be credited against the two-million-five-hundred-thousand-dollar cap set forth in subparagraph (I) of this paragraph (b).
(c) (I) The state, county, municipality, or public authority, at its discretion,
may withdraw its request for allocation determination at any time prior to the issue of the final order of the commission.
(II) The state, county, municipality, or public authority, at its discretion, after
the hearing and prior to final order of the commission, may make a motion for a declaratory ruling on the cost allocation. In response to such a request, the commission shall make a declaratory ruling and shall provide the movant reasonable time to withdraw the request for allocation determination.
(III) After the final order is issued, the project shall proceed, unless the
commission revises the order after consideration of a request for change by the state, county, municipality, or public authority in interest.
(d) The commission shall not order the abolition of any crossing for which a
grade separation is determined to be necessary until this separation is constructed.
(e) and (f) Repealed.
(4) Repealed.
(5) Notwithstanding any provision of law to the contrary, the commission
shall adopt rules requiring that:
(a) Unless the applicable road authority is a local government, the total costs
to maintain an existing crossing, including materials, labor, traffic control, railroad flagging, and any necessary permits, are shared equally between:
(I) The railroad, railroad corporation, rail fixed guideway, transit agency, or
owner of the track; and
(II) The road authority; and
(b) If the applicable road authority is a local government, the total costs to
maintain an existing crossing are apportioned as follows:
(I) The railroad, railroad corporation, rail fixed guideway, transit agency, or
owner of the track is responsible for the costs to maintain the portion of the existing crossing that is between the ends of the railroad ties; and
(II) The local government is responsible for the costs to maintain the portion
of the existing crossing that is outside of the ends of the railroad ties.
(6) As used in this section, unless the context otherwise requires:
(a) Crossing means a highway-rail crossing or a pathway crossing.
(b) Highway-rail crossing has the meaning set forth in section 40-20-302
(11).
(c) (I) Maintain means actions necessary to preserve an existing crossing
and to keep the crossing from a state of decline or disrepair.
(II) Maintain does not include the installation, reconstruction, or
improvement and operation of an automatic or other safety appliance signal or device, as described in subsection (2)(b) of this section.
(d) Pathway crossing has the meaning set forth in section 40-20-302 (16).
(e) Rail fixed guideway means a person possessing rail fixed guideway
system facilities by ownership or lease.
(f) (I) Rail fixed guideway system has the meaning set forth in section 40-18-101 (3).
(II) Rail fixed guideway system includes street railroads, street railways,
and electric railroads, as those terms are used in article 24 of this title 40.
(g) (I) Railroad means either of the following, as the context may require:
(A) Facilities, including: Tracks; track roads; bridges used or operated in
connection with the tracks or track roads; switches; spurs; and terminal facilities, freight depots, yards, and grounds, including rights-of-way, used or necessary for the transportation of passengers or property; or
(B) A person possessing the facilities described in subsection (6)(g)(I)(A) of
this section by ownership or lease.
(II) Railroad does not include rail fixed guideways or rail fixed guideway
systems.
(h) Railroad corporation means five or more persons associating to form a
company for the purpose of constructing and operating a railroad in accordance with section 40-20-101.
(i) Road authority means a municipality, county, state agency, federal
agency, or other governmental or quasi-governmental entity that owns or maintains the public highway at a highway-rail crossing or the public pathway at a pathway crossing.
(j) Transit agency has the meaning set forth in section 40-18-101 (6).
Source: L. 13: p. 478, � 29. L. 17: p. 415, � 1. C.L. � 2940. CSA: C. 137, � 30. L.
41: p. 602, � 1. L. 43: p. 476, � 1. CRS 53: � 115-4-6. L. 55: p. 698, � 1. L. 63: p. 758, � 1. C.R.S. 1963: � 115-4-6. L. 65: p. 926, � 1. L. 69: pp. 935, 964, �� 24, 75. L. 72: p. 615, � 144. L. 80: (4) added, p. 750, � 1, effective April 16. L. 81: (1) amended, p. 1918, � 1, effective June 19. L. 83: (3) amended, p. 1558, � 1, effective July 1. L. 86: (3)(b) and (3)(c) R&RE and (3)(e) and (3)(f) repealed, pp. 1157, 1158, �� 1, 2, effective July 1. L. 91: (2)(b) amended, p. 1075, � 62, effective July 1. L. 93: (3)(b)(I)(B) repealed, p. 2063, � 15, effective July 1. L. 99: (3)(b)(I), (3)(b)(II), and (3)(b)(IV) amended, p. 140, � 1, effective August 4. L. 2003: (2)(b) amended, p. 1702, � 11, effective May 14. L. 2007: (3)(a) amended, p. 313, � 1, effective August 3. L. 2008: (2) amended, p. 1794, � 12, effective July 1. L. 2015: (2)(b) amended, (HB 15-1209), ch. 64, p. 173, � 2, effective March 30. L. 2019: (1) amended, (SB 19-236), ch. 359, p. 3311, � 14, effective May 30. L. 2025: (5) and (6) added, (HB 25-1110), ch. 66, p. 282, � 1, effective August 6.
Editor's note: (1) Subsection (4)(b) provided for the repeal of subsection (4),
effective July 1, 1982. (See L. 80, p. 750.)
(2) Section 2(2) of chapter 66 (HB 25-1110), Session Laws of Colorado 2025,
provides that the act changing this section applies to costs accrued on or after August 6, 2025, unless the costs accrue pursuant to an agreement entered into by the parties before August 6, 2025, which agreement provides for the distribution of the costs to be shared between the parties.
Cross references: For liability under provisions of subsection (2) of this
section, see � 43-4-216; for rule-making procedures, see article 4 of title 24.
C.R.S. § 40-42-107
40-42-107. Labor standards - apprenticeship - supervision. (1) The authority shall ensure that, in any construction, expansion, renovation, rebuilding, reconditioning, or maintenance of facilities undertaken in Colorado pursuant to this article 42, all labor is performed either by the employees of an electric utility, by qualified contractors, or by both, and that, except as otherwise provided in subsection (3) of this section, an electric utility does not use a contractor unless:
(a) The contractor is chosen from a list of qualified contractors prepared and
updated, at least annually, by the department of labor and employment; and
(b) The contractor's employees have access to an apprenticeship program
registered with the United States department of labor's office of apprenticeship or by a state apprenticeship agency recognized by that office and meeting the additional criteria specified in subsection (2) of this section; except that this apprenticeship requirement does not apply to:
(I) The design, planning, or engineering of the facilities;
(II) Management functions to operate the facilities; or
(III) Any work performed in response to a warranty claim.
(2) To qualify pursuant to subsection (1) of this section, an apprenticeship
program must certify to the entity commissioning the work that:
(a) Its curriculum includes requirements for completion of:
(I) At least seven thousand hours of on-the-job training to achieve
journeymen lineman status, with at least six hundred fifty of those hours spent working on energized power lines at voltages of at least six hundred volts; and
(II) A class in electric transmission and distribution offered by the federal
occupational safety and health administration and comprising content substantially equivalent to that of the OSHA 10 class offered during calendar year 2021; and
(b) Supervision of apprentices meets the following standards:
(I) Apprentices must work under the supervision of a journeyman lineman at
all times;
(II) The ratio of apprentices to journeyman linemen does not exceed four to
one when working on a transmission line or other equipment that is not energized; and
(III) The ratio of apprentices to journeyman linemen does not exceed two to
one when working on a transmission line or other equipment that is energized.
(3) The request for proposal for any contract work on facilities subject to this
section must be submitted to the list of qualified contractors described in subsection (1)(a) of this section for at least sixty days. If none of the contractors on the list submits a qualifying bid within sixty days, then the entity procuring the work may solicit bids from contractors who are not on the list but otherwise qualify under the terms of the request for proposal so long as those terms include compliance with all applicable laws and regulations related to safety.
(4) Any project for the construction, expansion, or maintenance of facilities
undertaken in Colorado pursuant to this article 42 that is an energy sector public works project, as defined in section 24-92-303 (5), must comply with the applicable requirements of the Colorado Energy Sector Public Works Project Craft Labor Requirements Act, part 3 of article 92 of title 24.
Source: L. 2023: IP(1)(b) amended, (SB 23-051), ch. 37, p. 153, � 39, effective
March 23; IP(1) amended, (SB 23-016), ch. 165, p. 748, � 24, effective August 7; (4) added, (SB 23-292), ch. 247, p. 1366, � 11, effective January 1, 2024.
C.R.S. § 40-5-107
40-5-107. Electric vehicle programs - service connection cost recovery - definitions - repeal. (1) (a) No later than May 15, 2020, and on or before May 15 every three years thereafter, an electric public utility shall file with the commission an application for a program for regulated activities to support widespread transportation electrification within the area covered by the utility's certificate of public convenience and necessity.
(b) To comply with this subsection (1), an application must seek to minimize
overall costs and maximize overall benefits and may include:
(I) Investments or incentives to facilitate the deployment of customer-owned
or utility-owned charging infrastructure, including charging facilities, make-ready infrastructure, and associated electrical equipment that support transportation electrification;
(II) Investments or incentives to facilitate the electrification of public transit
and other vehicle fleets;
(III) Rate designs, or programs that encourage vehicle charging that
supports the operation of the electric grid; and
(IV) Customer education, outreach, and incentive programs that increase
awareness of the programs and of the benefits of transportation electrification and encourage greater adoption of electric vehicles.
(2) When considering transportation electrification programs and
determining cost recovery for investments and other expenditures related to programs proposed by an electric public utility under subsection (1) of this section, the commission shall consider whether the investments and other expenditures are:
(a) Reasonably expected to improve the use of the electric grid, including
improved integration of renewable energy;
(b) Reasonably expected to increase access to the use of electricity as a
transportation fuel;
(c) Designed to ensure system safety and reliability;
(d) (I) Reasonably expected to contribute to meeting air quality standards,
improving air quality in communities most affected by emissions from the transportation sector, and reducing statewide emissions of greenhouse gases by forty percent below 2005 levels by 2030 and eighty percent below 2005 levels by 2050.
(II) This subsection (2)(d) is repealed, effective July 1, 2031.
(e) Reasonably expected to stimulate innovation, competition, and increased
consumer choices in electric vehicle charging and related infrastructure and services; attract private capital investments; and utilize high-quality jobs and skilled worker training programs;
(f) Transparent, incorporating public reporting requirements to inform design
and commission policy; and
(g) Reasonably expected to provide access for low-income customers, in the
totality of the utility's transportation electrification programs, which may include community-based and multi-family charging infrastructure, car share programs, and electrification of public transit, while giving due consideration to the affect on low-income customers.
(2.5) An electric public utility may recover its prudently incurred costs to
facilitate a timely electric vehicle charging service connection, which costs may include the costs of equipment that the electric public utility procures for future upgrades needed to provide service connections for electric vehicle charging. An electric public utility may recover the costs of any such equipment inventory as capital work in progress if the inventory is projected to be used within three years of its procurement and with a return at the most recently authorized weighted average cost of capital.
(3) (a) Electric vehicle infrastructure electrical work on the customer side of
the utility meter, including the installation of the charging station apparatus and related hardware, must:
(I) Be performed by a licensed master electrician, licensed journeyman
electrician, licensed residential wireman, or properly supervised electrical apprentice as each term is defined in section 12-115-103; and
(II) Comply with article 115 of title 12, including sections 12-115-109 and 12-115-115, and all applicable rules of the state electrical board.
(b) For all electric vehicle infrastructure or charging stations owned by the
utility, the utility shall use utility employees or qualified contractors if the contractors' employees have access to an apprenticeship program as defined in section 8-83-308 (3)(a). This apprenticeship requirement does not apply to:
(I) The design, planning, or engineering of the infrastructure;
(II) Management functions to operate the infrastructure; or
(III) Any work included in a warranty.
(c) An electric vehicle infrastructure project that is an energy sector public
works project, as defined in section 24-92-303 (5), must comply with the applicable requirements of the Colorado Energy Sector Public Works Project Craft Labor Requirements Act, part 3 of article 92 of title 24.
(4) As used in this section, unless the context otherwise requires:
(a) Industry means either one or more individual employers or an industry
association.
(b) (I) Skilled worker training program means an accredited educational,
occupational education, as defined in section 23-60-103 (2), apprenticeship, or similar training program that:
(A) Trains or retrains individuals to perform a skill that is needed in the
workforce; and
(B) Awards an industry- or state-recognized certificate, credential, associate
degree, professional license, or similar evidence of achievement upon completion of the program.
(II) Skilled worker training program does not include an educational
program that awards a bachelor's or higher degree upon completion of the program.
Source: L. 2019: Entire section added, (SB 19-077), ch. 383, p. 3435, � 4,
effective May 31. L. 2020: (2)(e) and IP(3)(b) amended and (4) added, (HB 20-1395), ch. 137, p. 594, � 7, effective June 26. L. 2023: (2.5) added, (SB 23-016), ch. 165, p. 746, � 19, effective August 7; (3)(c) added, (SB 23-292), ch. 247, p. 1366, � 10, effective January 1, 2024.
Cross references: For the legislative declaration in SB 19-077, see section 1
of chapter 383, Session Laws of Colorado 2019.
C.R.S. § 40-6-124
40-6-124. Disqualification. (1) Commissioners and presiding administrative law judges shall disqualify themselves in any proceeding in which their impartiality may reasonably be questioned, including, but not limited to, instances in which they:
(a) Have a personal bias or prejudice concerning a party;
(b) Have served as an attorney or other representative of any party
concerning the matter at issue, or were previously associated with an attorney who served, during such association, as an attorney or other representative of any party concerning the matter at issue;
(c) Know that they or any member of their family, individually or as a
fiduciary, has a financial interest in the subject matter at issue, is a party to the proceeding, or otherwise has any interest that could be substantially affected by the outcome of the proceeding; or
(d) Have engaged in conduct which conflicts with their duty to avoid the
appearance of impropriety or of conflict of interest.
Source: L. 93: Entire section added, p. 2066, � 23, effective July 1.
ARTICLE 6.5
Office of the Utility Consumer Advocate
40-6.5-101. Definitions. As used in this article 6.5, unless the context
otherwise requires:
(1) Agricultural consumer means a public utility customer whose utility
service is classified as an agricultural user or an irrigation user pursuant to a utility tariff established by the commission or a public utility customer who is seeking such tariff status.
(1.3) Board means the utility consumers' board created in section 40-6.5-102 (3)(a).
(2) Commission means the public utilities commission created in article 2
of this title.
(2.2) Director means the director of the office, appointed pursuant to
section 40-6.5-102 (1).
(2.4) Executive director means the executive director of the department of
regulatory agencies, appointed pursuant to section 24-34-101 (1)(a).
(2.8) Office means the office of the utility consumer advocate created in
section 40-6.5-102 (1).
(3) Public utility means an electric utility or gas utility.
(4) Residential consumer means a public utility customer whose utility
service is limited to his residence.
(5) Small business consumer means a public utility customer whose utility
service is classified as a small business user or a small commercial user pursuant to a utility tariff established by the commission or a public utility customer who is seeking such tariff status.
(6) Telecommunications service means the offering of telecommunications
for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
Source: L. 84: Entire article added, p. 1044, � 1, effective July 1. L. 2015: (3)
amended, (SB 15-271), ch. 297, p. 1223, � 2, effective June 5. L. 2021: IP amended and (1.3), (2.2), (2.4), (2.8), and (6) added, (SB 21-103), ch. 477, p. 3408, � 3, effective September 1.
40-6.5-102. Office of the utility consumer advocate and utility consumers'
board - creation - appointment - attorney general to represent. (1) There is hereby created, as a division within the department of regulatory agencies, the office of the utility consumer advocate, the head of which is the director, who shall be appointed by the executive director pursuant to section 13 of article XII of the state constitution.
(2) The office is a type 1 entity, as defined in section 24-1-105, and exercises
its powers and performs its duties and functions specified in this article 6.5 under the department of regulatory agencies.
(3) (a) The utility consumers' board is created and shall guide the policy of
the office. The board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions specified in this article 6.5 under the department of regulatory agencies and the executive director.
(b) (I) The board consists of members appointed as follows:
(A) The governor shall appoint one member from each congressional district
in the state. Of the members appointed by the governor, at least one member must be actively engaged in agriculture as a business and at least two members must be owners of small businesses with one hundred or fewer employees. No more than a minimum majority of the governor's appointments may be affiliated with the same political party.
(B) The president of the senate, the speaker of the house of representatives,
the minority leader of the senate, and the minority leader of the house of representatives shall each appoint one member of the board.
(II) Members of the board serve terms of four years. If a person has any
conflict of interest with the duties required of a member of the board, the appointing authority shall not appoint the person as a member of the board. The official who appointed a board member may remove that board member for misconduct, incompetence, or neglect of duty. Board members serve without compensation, but members who reside outside the counties of Denver, Jefferson, Adams, Arapahoe, Boulder, Broomfield, and Douglas are entitled to reimbursement for reasonable and actual expenses to attend board meetings in Denver. The board shall meet at least six times per year.
(c) It is the duty of the board to represent the public interest of Colorado
utility users, and, specifically, the interests of residential, agricultural, and small business users, by providing general policy guidance and oversight for the office and the director in the performance of their statutory duties and responsibilities as specified in this article 6.5. The powers and duties of the board include the following:
(I) Providing general policy guidance to the office regarding rule-making
matters, legislative projects, general activities, and priorities of the office; and
(II) Gathering data and information and formulating policy positions to advise
the office in preparing analysis and testimony in legislative hearings on proposed legislation affecting the interests of residential, small business, and agricultural utility users.
(4) It is the duty of the attorney general to advise the office and the board in
all legal matters and to provide representation in proceedings in which the office participates.
Source: L. 84: Entire article added, p. 1045, � 1, effective July 1. L. 93: Entire
section amended, p. 975, � 4, effective July 1. L. 96: (3)(c)(III) amended, p. 1225, � 33, effective August 7. L. 2015: (2)(b) repealed and (3)(a) and (3)(b) amended, (SB 15-271), ch. 297, p. 1224, � 3, effective June 5. L. 2021: Entire section amended, (SB 21-103), ch. 477, p. 3408, � 4, effective September 1. L. 2022: (3)(b)(I) amended, (SB 22-013), ch. 2, p. 87, � 117, effective February 25; (2) and (3)(a) amended, (SB 22-162), ch. 469, p. 3399, � 143, effective August 10.
Cross references: (1) For the legislative declaration contained in the 1996 act
amending subsection (3)(c)(III), see section 1 of chapter 237, Session Laws of Colorado 1996.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act
of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
40-6.5-103. Qualifications of the director - conflict of interest. The director
must have at least five years of experience in consumer-related utility issues or in the operation, management, or regulation of utilities as either an attorney, an engineer, an economist, an accountant, a financial analyst, or an administrator or any combination of those roles. The executive director shall not appoint as director a person who owns stocks or bonds in a corporation subject in whole or in part to regulation by the commission or who has any pecuniary interest in such corporation.
Source: L. 84: Entire article added, p. 1045, � 1, effective July 1. L. 2021:
Entire section amended, (SB 21-103), ch. 477, p. 3410, � 5, effective September 1.
40-6.5-104. Representation by the director - powers of the office. (1) The
director shall represent the public interest and, to the extent consistent therewith, the specific interests of residential consumers, agricultural consumers, and small business consumers by appearing in proceedings before the commission and appeals therefrom in matters that involve proposed changes in a public utility's rates and charges; in matters involving rule-making that have an impact on the charges, the provision of services, or the rates to consumers; and in matters that involve certificates of public convenience and necessity for facilities employed in the provision of utility service, the construction of which would have a material effect on the utility's rates and charges.
(2) In determining whether to appear in a proceeding of the commission, the
director shall consider the importance and the extent of the public interest involved. In evaluating the public interest, including the impact on rates and charges to consumers, the director shall give due consideration to statutory decarbonization goals set forth in sections 25-7-102 (2)(g) and 40-2-125.5 (3), just transition in accordance with section 40-2-133, environmental justice, and the short- and long-term effect of the proceedings upon various classes of consumers, so as not to jeopardize the interest of one class in an action by another. If the director determines that there may be inconsistent interests among the various classes of the consumers that the director represents in a particular matter, the director may choose to represent one of the interests or to represent no interest. Nothing in this section limits the right of any person to petition or make complaint to the commission or otherwise intervene in proceedings or other matters before the commission.
(3) The director shall be served with notices of all proposed gas and electric
tariffs, and the director shall be served with copies of all orders of the commission affecting the charges of agricultural consumers, residential consumers, and small business consumers.
(4) The office may intervene in matters before the commission that relate to
a telecommunications service proceeding, including a rule-making proceeding, that has an impact on the provision or quality of telecommunications service.
(5) The office shall not recommend that the commission take any action that
would interfere with the administration or determination of employees' wages, health insurance, or retirement benefits negotiated between a regulated utility and a labor union through collective bargaining.
Source: L. 84: Entire article added, p. 1045, � 1, effective July 1. L. 2015: (3)
amended, (SB 15-271), ch. 297, p. 1225, � 4, effective June 5. L. 2021: Entire section amended, (SB 21-103), ch. 477, p. 3410, � 6, effective September 1.
40-6.5-105. Intervenors other than the office of the utility consumer
advocate. (1) If the office intervenes and there are other intervenors in proceedings before the commission, the determination of said commission with regard to the payment of expenses of intervenors, other than the office, and the amounts thereof shall be based on the following considerations:
(a) Any reimbursements may be awarded only for expenses related to issues
not substantially addressed by the office;
(b) The testimony and participation of other intervenors must have
addressed issues of concern to the general body of users or consumers concerning, directly or indirectly, rates or charges;
(c) The testimony and participation of other intervenors must have materially
assisted the commission in rendering its decision;
(d) The expenses of other intervenors must be reasonable in amount;
(e) The testimony and participation of other intervenors must be of
significant quality;
(f) The participation of other intervenors must be active during the
proceeding and not merely an appearance for purposes of establishing legal standing; and
(g) The payment of expenses of other intervenors who are in direct
competition with a public utility involved in proceedings before the commission is prohibited.
(2) The commission shall promptly report the award of any intervenors'
expenses to the executive director of the department of regulatory agencies.
Source: L. 84: Entire article added, p. 1045, � 1, effective July 1. L. 96: (2)
amended, p. 1228, � 43, effective August 7. L. 2021: IP(1) and (1)(a) amended, (SB 21-103), ch. 477, p. 3411, � 7, effective September 1.
Cross references: For the legislative declaration contained in the 1996 act
amending subsection (2), see section 1 of chapter 237, Session Laws of Colorado 1996.
40-6.5-106. Powers of the director - report. (1) The director:
(a) May employ such attorneys, engineers, economists, accountants, or other
employees as may be necessary to carry out the director's duties;
(b) Shall be granted, by the commission, leave to intervene in all cases where
such request is made in conformance with rules of the commission;
(c) May contract for the services of technically qualified persons to perform
research and to appear as expert witnesses before the commission. The director shall pay any person contracted with pursuant to this subsection (1)(c) from funds appropriated for the director's use.
(d) May have access to the files of the commission when conducting
research;
(e) (I) May inspect the records and documents of any public utility and
conduct depositions under oath of any officer, agent, or employee of a public utility in relation to the public utility's business and affairs. To exercise this authority, the director shall request that the commission issue a subpoena pursuant to the commission's authority under section 40-6-103 (1) to:
(A) Issue a subpoena on a public utility requiring the public utility to produce
records or documents, or, for records or documents kept outside of the state, to produce verified copies of records or documents, for inspection by the office at such time and place that the commission designates; or
(B) Issue a subpoena for the attendance of witnesses at a deposition to be
conducted by the director or the director's designee at such time and place that the commission designates. The director or the director's designee has the authority to administer oaths of witnesses at a deposition held pursuant to this subsection (1)(e)(I).
(II) With respect to the good cause shown requirement set forth in section
40-6-103 (1) for the issuance of a subpoena, good cause is shown for a request made pursuant to this subsection (1)(e) if the director's request identifies the testimony, records, or documents sought pursuant to this subsection (1)(e).
(2) The director may petition for, request, initiate, and appear and intervene
as a party in any commission proceeding, including a rule-making proceeding, that concerns or affects utility rate changes, charges, tariffs, modifications of service, and matters involving certificates of public convenience and necessity. Notwithstanding any provision of this article 6.5 to the contrary, the director shall not be a party to any individual complaint between a utility and an individual.
(2.5) The director may petition for, request, initiate, or seek to intervene in
any proceeding before a federal agency that regulates utility rates or service or before a federal court when the matter before the agency or court will affect a rate, charge, tariff, or term of service for a utility product or service for a residential, small business, or agricultural utility consumer in the state of Colorado. The phrase federal agency that regulates utility rates or service does not include any federal lending agency.
(3) (a) The director and any member of the director's staff directly involved in
a specific adjudicatory proceeding before the commission shall refrain from ex parte communications with members of the commission. The director and the director's staff have all rights and are governed by the same ex parte rules as all other intervenors.
(b) As used in this subsection (3), an adjudicatory proceeding does not
include a rule-making proceeding or discussions on pending legislative proposals.
(4) (a) The director or the director's designee shall provide policy analysis to
the executive director on legislative matters pending before the general assembly that directly relate to the office's mission.
(b) The office may provide presentations and other forms of education to the
general assembly on the types of matters that involve:
(I) Public utilities' rates and charges;
(II) The provision of services;
(III) Certificates of public convenience and necessity for facilities:
(A) That are or would be used in providing utility service; and
(B) The construction of which would have material effect on a public utility's
rates and charges; and
(IV) Other matters that affect the public interest of the constituents that the
office represents.
(c) The department of regulatory agencies shall annually report on the office
as part of its presentation to its committees of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, including reporting on the following:
(I) A summary of matters in which the office intervened in the preceding year
and the resolution, if any, of those matters; and
(II) A summary of the office's other work in the preceding year.
Source: L. 84: Entire article added, p. 1046, � 1, effective July 1. L. 92: (2.5)
added, p. 2128, � 1, effective April 10. L. 2008: (3) amended, p. 1797, � 17, effective July 1. L. 2021: IP(1), (1)(a), (1)(c), (2), (2.5), and (3)(a) amended and (1)(e) and (4) added, (SB 21-103), ch. 477, p. 3411, � 8, effective September 1.
40-6.5-107. Financing of office. At each regular session, the general
assembly shall determine the amount to be expended by the office for the direct and indirect costs of administration in performing its duties and responsibilities required by this article 6.5 and shall appropriate the amount to the office from the public utilities commission fixed utility fund and the telecommunications utility fund created in section 40-2-114. The general assembly shall not appropriate money from the general fund to the office for the performance of its duties and responsibilities under this article 6.5.
Source: L. 84: Entire article added, p. 1047, � 1, effective July 1. L. 2021: Entire
section amended, (SB 21-103), ch. 477, p. 3413, � 9, effective September 1.
40-6.5-108. Repeal of article - office of the utility consumer advocate
subject to termination. This article 6.5 is repealed, effective September 1, 2028. Before the repeal, this article 6.5 is scheduled for review in accordance with section 24-34-104.
Source: L. 84: Entire article added, p. 1047, � 1, effective July 1. L. 88: Entire
section amended, p. 1353, � 1, effective April 14. L. 93: Entire section amended, p. 977, � 5, effective July 1. L. 98: (1) amended, p. 74, � 1, effective July 1; (1) amended, p. 78, � 1, effective July 1. L. 2004: (1)(b) amended, p. 350, � 21, effective July 1. L. 2006: (1)(b) repealed and (1)(b.5) added, p. 128, �� 2, 3, effective July 1; (1)(b) repealed and (1)(c) added, p. 24, �� 2, 3, effective July 1. L. 2015: (1)(b.5) repealed and (1)(c) amended, (SB 15-271), ch. 297, p. 1225, � 5, effective June 5. L. 2016: (2) amended, (SB 16-189), ch. 210, p. 797, � 117, effective June 6. L. 2021: Entire section R&RE, (SB 21-103), ch. 477, p. 3407, � 2, effective September 1.
Editor's note: Amendments to subsection (1) by House Bill 98-1078 were
harmonized with House Bill 98-1074 resulting in the deletion of subsection (1)(a).
40-6.5-109. Consumer counsel report. (Repealed)
Source: L. 84: Entire article added, p. 1048, � 6, effective July 1. L. 93: Entire
section repealed, p. 1793, � 90, effective June 6; entire section repealed, pp. 977, 2068, �� 6, 24, effective July 1.
ARTICLE 7
Enforcement - Penalties
C.R.S. § 41-3-105
41-3-105. Board of commissioners. (1) All powers, privileges, and duties vested in or imposed upon any authority organized pursuant to the provisions of this article shall be exercised and performed by and through the board except as otherwise provided by law; but the exercise of any and all executive, administrative, and ministerial powers may be by said board delegated and redelegated to any of the officers created or by the board acting under this article.
(2) The board of an authority created by the formation of a combination
consists of at least five members, but no more than nine members, representing the counties or municipalities participating in the combination. The authorizing resolution, filed with the director of the division of local government pursuant to section 41-3-104 (1), must contain a provision as to the representation of the counties and municipalities participating in the combination. The members of the board of an authority created by a combination must be appointed by resolution of the governing boards of the counties or municipalities that are members of the combination, with the initial appointments, at the election of such municipality or county, to be made by the authorizing resolution filed with the director of the division of local government. If the county in which the airport is to be located is not a member of the combination, then the member or members, if any, to which the county is entitled shall be appointed by the board of county commissioners of the county. The board created by the independent action of a county consists of five members who shall be appointed by the board of county commissioners of the county, and initial appointments to the board, at the election of the board of county commissioners, may be made in the authorizing resolution filed with the director of the division of local government. Board members from municipalities and counties in this state must be taxpaying electors, as defined in section 1-1-104 (49), at the time of appointment and must reside in the municipality or county from which appointed. After an authority is organized by the formation of a combination, the inclusion of additional counties or municipalities entitles the included municipalities or counties to representation on the same basis as other counties or municipalities. A member of the board does not receive compensation for the member's service on the board. No member of the board shall be interested in any contract or transaction with the authority except in the member's official respective capacity. Members of the board are subject to the standards of conduct for local government officials specified in article 18 of title 24.
(3) The term of each member is four years; except that the terms of the
members of the first board are adjusted so that the terms of one-half of the members expire after two years. At the first meeting of the board of a newly formed authority, the commissioners shall determine by lot which members serve two-year terms and which serve four-year terms. At the expiration of the term of any commissioner, a new appointment shall be made by the appropriate governing board, and any member, including a member appointed to fill a vacancy, may be appointed to serve a successive term.
(4) A change of residence of a member of the board from a municipality or
county in the state to a place outside the municipality that he or she represents, or the county from which he or she is appointed, automatically creates a vacancy on the board as to such municipality or county. Vacancies which may occur on the board through death or resignation of one of the members, or for any other reason, shall be filled in the same manner as provided for the appointment of original members of the board.
(5) The board, in addition to any other powers conferred by this article, has
the following powers:
(a) To fix the time and place at which its regular meetings are held, which
place may be located within any municipality or county forming a part of an authority created by a combination or within the county independently creating such authority; to organize, adopt bylaws and rules of procedure, and select a chairperson and pro tem chairperson. A special meeting may be called by any officer or member of the board by informing the other members of the date, time, and place of the special meeting and the purpose for which it is called. All regular or special meetings are subject to the open meeting and notice requirements of section 24-6-402.
(b) To make and pass resolutions and orders not repugnant to the
constitution of the United States; the state; an adjoining state, if a combination includes a municipality or county from the adjoining state; or other provisions of this article necessary for the government and management of the affairs of the authority and the execution of the powers vested in the authority and for carrying into effect the provisions of this article. On all resolutions the rolls shall be called and the ayes and nays recorded. Resolutions and orders may be adopted by viva voce vote, but on demand of any member the roll shall be called.
(c) To record all resolutions, as soon as may be after their passage, in a book
kept for that purpose and authenticate them by the signature of the presiding officer of the board and the clerk thereof. Any resolution may at the election of the board be published in a newspaper of general circulation in the county wherein the airport is located within ten days of the date of passage and adoption and shall become effective, if so provided, upon the date of such publication.
(d) To transact business only if a quorum of fifty percent of the board is
present at a regular or special meeting. The board may take action or approve any matter by a majority of a quorum; except that all questions involving the inclusion or exclusion of a municipality or county in or from the authority or authorizing any expenditures in excess of two hundred fifty thousand dollars must be approved by a majority of the members of the board. Beginning January 1, 2029, and every five years thereafter, the two hundred fifty thousand dollar figure specified in this subsection (5)(d) is adjusted for inflation.
(e) To fix the location of the principal place of business of the authority and
the location of all offices and departments maintained thereunder, the location thereof to be at such place as the board deems best;
(f) To prescribe by resolution a system of business administration, to create
any and all necessary offices, to establish and reestablish the powers and duties and compensation of all officers and employees, and to require and fix the amount of all official bonds necessary for the protection of the funds and property of the authority;
(g) To employ clerical, legal, consulting, and engineering assistance and
labor, and to delegate and redelegate to such employees the powers conferred by this article, under such conditions and restrictions as shall be fixed by the board to authorize such employees to bind the authority by contract;
(h) To prescribe a method of auditing and allowing or rejecting claims and
demands and a method for procuring contracts to carry out the authority's purposes pursuant to this article 3, including contracts for the construction of works and structures, equipment, the performance of labor or services, or the furnishing of supplies or materials. The board shall comply with the requirements of article 91 of title 24 when procuring and entering into a construction contract. For any contract involving federal funds, the board shall comply with all applicable federal statutes, regulations, guidelines, and policies. For all capital improvement projects and the purchase of new vehicles and new equipment, the board shall:
(I) Solicit the contract by an invitation for bids. An invitation for bids may
include criteria for the board to determine acceptability of a bid, including inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Any criteria that the board considers in evaluating the bid must be objectively measurable.
(II) Include in an invitation for bids a purchase description and all contractual
terms and conditions applicable to the procurement;
(III) Provide adequate public notice of the invitation for bids within a
reasonable time prior to the time the board sets for the opening of bids;
(IV) Record the amount of each bid and the name of each bidder, which the
board shall keep open for public inspection;
(V) Allow the withdrawal of an inadvertently erroneous bid before the bid is
awarded if the bidder submits documentary evidence that clearly and convincingly demonstrates an error was made;
(VI) Award the contract with reasonable promptness to the low responsible
bidder whose bid meets the criteria set forth in the invitation for bids; except that the board shall resolve any tie in accordance with section 24-103-902; and
(VII) Maintain for public inspection all bids and bid documents in accordance
with sections 24-72-203 and 24-72-204.
(i) To constitute and appoint an official newspaper in this state to be used for
the official publications of the authority, but nothing in this section shall prevent the board from directing publication in additional newspapers or other periodicals which public necessity may so require or indicate.
(6) Where the state, pursuant to section 41-3-104 (7), joins in the creation of
an airport authority authorized by this article or joins an existing airport authority created pursuant to this article, the state shall be entitled to such number of members of the board of commissioners as may be agreed upon by the creating parties or present parties of the authority and the state, as the case may be, but in no case shall the state be entitled to less than one member of the board of commissioners. The state member or members of the board of commissioners shall be appointed by the governor, with the consent of the senate.
Source: L. 65: p. 168, � 5. C.R.S. 1963: � 5-5-5. L. 69: pp. 102, 106, �� 4, 5, 4.
L. 73: p. 192, � 1. L. 76: (1) and (2) amended, p. 608, � 35, effective July 1. L. 80: (2) amended, p. 417, � 37, effective January 1, 1981. L. 93: (2) amended, p. 1794, � 94, effective June 6. L. 2004: (5)(h) amended, p. 54, � 1, effective August 4. L. 2016: (2), (4), (5)(b), and (5)(i) amended, (SB 16-168), ch. 164, p. 523, � 3, effective August 10. L. 2023: (2), (3), (5)(a), (5)(d), and (5)(h) amended, (HB 23-1156), ch. 60, p. 212, � 3, effective August 7.
C.R.S. § 41-5-101
41-5-101. Powers. (1) In addition to the powers which it may now have, any county without any election of the taxpaying or qualified electors thereof has the power under this article:
(a) To acquire by gift, purchase, lease, or exercise of the right of eminent
domain, to construct, to reconstruct, to improve, to better, and to extend airport facilities, including any of them within the boundaries of any said county, and to acquire by gift, purchase, or the exercise of the right of eminent domain lands, easements, and rights in land in connection therewith;
(b) To accept loans or grants or both from the United States under any
federal law in force to aid in financing the cost of engineering, architectural, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, or other action preliminary to the construction of an airport;
(c) To accept loans or grants or both from the United States under any
federal law in force for the construction or improvement of such airport or airport facilities or both;
(d) To prescribe, revise, and collect in advance or otherwise from any user of
such facility or occupant of any real property connected therewith rentals, rates, fees, tolls, and charges, or any combination thereof, for the use of such airport facilities, including, without limiting the generality of the foregoing, landing fees, office rentals, franchise fees, and land and airport rentals; and, in anticipation of the collection of the revenues of such airport facilities, to issue revenue bonds to finance in whole or in part the cost of acquisition, construction, reconstruction, improvement, betterment, or extension of an airport;
(e) To pledge to the punctual payment of said bonds and interest thereon all
or any part of the gross revenues arising from such airport facilities;
(f) To enter into and perform contracts or agreements concerning the
planning, construction, lease, or other acquisition and the financing of airport facilities, and the maintenance and operation thereof;
(g) To make all contracts, execute all instruments, and do all things
necessary or convenient in the exercise of the powers granted in this section or in the performance of its duties or in order to secure the payment of its bonds; but no encumbrance, mortgage, or other pledge of property, excluding any pledged revenues, of the county is created thereby no property, other than money, of the county is liable to be forfeited or taken in payment of said bonds, and no debt on the credit of the county is thereby incurred in any manner for any purpose.
Source: L. 65: p. 466, � 1. C.R.S. 1963: � 36-21-1.
C.R.S. § 41-5-102
41-5-102. Authorization - airport facilities and bonds. (1) The acquisition, construction, reconstruction, lease, improvement, or betterment of any airport or airport facilities, or both, and the issuance of bonds in anticipation of the collection of revenues of such facility to provide funds to pay the cost thereof may be authorized by a vote of a majority of the members of the board of county commissioners at a regular or special meeting thereof. The board shall establish a maximum net effective interest rate for the issue of bonds.
(2) The board of county commissioners, in determining such cost, may
include all costs and estimated costs of the issuance of said bonds, all engineering, inspection, fiscal, and legal expenses, all preliminary planning expenses and interest which it is estimated will accrue during the construction or other acquisition period or a period not exceeding two years thereafter on money borrowed or which it is estimated will be borrowed pursuant to this article; any discount on the sale of the bonds; costs of financial, professional, and other estimates and advice; contingencies; any administrative, operating, and other expenses of the county prior to and during such acquisition period and for a period not exceeding two years thereafter, as may be determined by the board of county commissioners; and all such other expenses as may be necessary or incident to the financing, acquisition, improvement, and completion of any airport facility, and the placing of the same in operation, and also such provision or reserves for working capital, operation, or maintenance, or for payment or security of principal of or interest on any bonds during or after such an acquisition or improvement as the board of county commissioners may determine, and also reimbursements to the federal government, or any agency, instrumentality, or corporation thereof, of any moneys theretofore expended for or in connection with any such airport facilities.
(3) All revenue bonds issued under the provisions of this article shall bear
interest at a rate such that the net effective interest rate for the issue of bonds does not exceed the maximum net effective interest rate authorized, and shall be executed in such a manner and be payable serially in annual installments beginning not later than two years and extending not more than forty years from the date thereof, and may be made payable at such place as the board of county commissioners determines. Said bonds may be made callable for redemption prior to maturity in such manner, at such time, and in such amounts, upon payment of a premium not exceeding three percent of the principal, as may be determined by the board of county commissioners.
(4) Said bonds may be sold at, above, or below their par values, but they may
not be sold at a price such that the net effective interest rate of the issue of bonds exceeds the maximum net effective interest rate authorized.
(5) Said bonds may be sold at private sale to the United States or any
agency, instrumentality, or corporation thereof or to the state of Colorado or any agency or instrumentality thereof. Unless sold to the United States or any agency, instrumentality, or corporation thereof or to the state of Colorado or any agency or instrumentality thereof, said bonds shall be sold at public sale after notice of such sale published once at least five days prior to such sale in a newspaper of general circulation in said county or in a financial newspaper.
(6) The revenue bonds issued under this article shall be serially numbered
and shall be paid off and retired in the order in which they were issued, but such order of payment shall not apply to warrants or bonds made callable for redemption prior to maturity in the inverse order of their numbers.
(7) Subject to the payment provisions in this article specifically provided,
said bonds and any interest coupons thereto attached shall be fully negotiable within the meaning of and for all purposes of article 8 of title 4, C.R.S., pertaining to investment securities, except as the governing body may otherwise provide; and each holder of each such security, by accepting such security, shall be conclusively deemed to have agreed that such security, except as otherwise provided, is fully negotiable within the meaning and for all purposes of article 8 of title 4, C.R.S., pertaining to investment securities.
(8) If lost or completely destroyed, any security authorized by this article
may be reissued in the form and tenor of the lost or destroyed security upon the owner's furnishing, to the satisfaction of the governing body, the following: Proof of ownership; proof of loss or destruction; a surety bond in twice the face amount of the security, including any unmatured coupons appertaining thereto; and payment of the cost of preparing and issuing the new security.
(9) The resolution authorizing any bonds or other instrument appertaining
thereto may contain any agreement or provision customarily contained in instruments securing revenue bonds.
Source: L. 65: p. 467, � 1. C.R.S. 1963: � 36-21-2. L. 70: p. 139, � 7. L. 75: (7)
amended, p. 227, � 92, effective July 16.
Cross references: For the definition of net effective interest rate, as used
in subsections (1), (3), and (4) of this section, see � 30-26-301 (2)(d)(I).
C.R.S. § 42-12-101
42-12-101. Definitions. As used in this article, unless the context otherwise requires:
(1) Collector means an individual or person who is:
(a) The owner of one or more vehicles of historic or special interest who
collects, purchases, acquires, trades, or disposes of these vehicles or parts thereof for such owner's use in order to preserve, restore, and maintain a vehicle for hobby purposes or use; or
(b) A bona fide member of a national automobile club or association whose
charter recognizes in membership a sincere demonstration of interest in the history of automotive engineering, in the preservation of antique, vintage, or special interest motor vehicles, in a sharing of knowledge and experience with other automotive enthusiasts, or in the promotion of good fellowship among such members or collectors.
(2) Collector's item means a motor vehicle, including a truck or truck
tractor, that is of:
(a) Model year 1975 or earlier;
(b) Model year 1976 or later that was registered as a collector's item prior to
September 1, 2009; except that a vehicle so registered is not eligible for registration as a collector's item upon sale or transfer to a new owner; or
(c) A model year at least thirty-two years old unless the vehicle was
registered before September 1, 2009, and meets the requirements of paragraph (b) of this subsection (2). If the vehicle is being registered under this paragraph (c) and in the program area, as defined in section 42-4-304:
(I) The vehicle must have passed an emissions test meeting the standards of
part 3 of article 4 of this title within the last twelve months before being initially registered by the owner as a collector's item; and
(II) The owner must sign an affidavit that the vehicle will not be driven on
roadways for more than four thousand five hundred miles per year.
(3) Commercial vehicle means a trailer, truck, or truck tractor, as those
terms are defined in section 42-1-102.
(4) Dealer means a person who is engaged in the business or vocation of
manufacturing, buying, selling, trading, destroying, or salvaging motor vehicles, motor vehicle parts, motor vehicle equipment, or motor vehicle accessories.
(5) Department means the department of revenue.
(6) Director means the executive director of the department of revenue.
(7) Garage means a building or business place used for the storage or
repair of motor vehicles.
(8) Inspector means a peace officer of a law enforcement agency who has
been certified under section 42-5-206 to inspect vehicle identification numbers.
(9) Law enforcement agency means the Colorado state patrol or the
agency of a local government authorized to enforce the laws of Colorado.
(10) Motor vehicle means a self-propelled vehicle designed for operation
on the highway and not running on rails.
(11) Parts car means a motor vehicle, generally in inoperable condition, that
is owned by a collector to furnish or to supply parts that are usually unobtainable from normal sources, thus enabling a collector or other collectors to preserve, restore, complete, and maintain a vehicle of historic or special interest.
(12) Rebuilt vehicle means a vehicle that was assembled from parts of two
or more commercially manufactured vehicles or that has been altered in such a manner that it is not readily recognizable as a commercially manufactured vehicle of a given year. Rebuilt vehicle includes a kit car and a street-rod vehicle.
(13) State includes the territories and the federal districts of the United
States.
(14) Street-rod vehicle means a vehicle with a body design manufactured in
1948 or earlier or with a reproduction component that resembles a 1948 or earlier model that has been modified for safe road use, including modifications to the drive train, suspension, and brake systems, modifications to the body through the use of materials such as steel or fiberglass, and modifications to other safety or comfort features.
(15) Vehicle means a motor vehicle required to have a certificate of title
under part 1 of article 6 of this title but does not include commercial vehicles.
(16) Vehicle identification number means the identifying number, serial
number, engine number, or other distinguishing number or mark, including any letters, that is unique to the identity of a given vehicle or vehicle part and that was placed on a vehicle or vehicle part by its manufacturer or by the department under either section 42-12-202 or the laws of another state or country.
Source: L. 2011: Entire article amended with relocations, (SB 11-031), ch. 86,
p. 232, � 1, effective August 10. L. 2013: (2) amended, (HB 13-1071), ch. 370, p. 2160, � 1, effective August 7. L. 2014: IP(2)(c) amended, (HB 14-1056), ch. 23, p. 154, � 2, effective March 7.
Editor's note: Subsection (11) is similar to former � 42-12-101 (3) as it existed
prior to 2011.
C.R.S. § 42-4-109
42-4-109. Low-power scooters, animals, skis, skates, and toy vehicles on highways. (1) A person riding a low-power scooter upon a roadway where low-power scooter travel is permitted shall be granted all of the rights and shall be subject to all of the duties and penalties applicable to the driver of a vehicle as set forth in this article except those provisions of this article that, by their very nature, can have no application.
(2) A person riding a low-power scooter shall not ride other than upon or
astride a permanent and regular seat attached thereto.
(3) No low-power scooter shall be used to carry more persons at one time
than the number for which it is designed and equipped.
(4) No person riding upon any low-power scooter, coaster, roller skates, sled,
or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.
(5) A person operating a low-power scooter upon a roadway shall ride as
close to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
(6) Persons riding low-power scooters upon a roadway shall not ride more
than two abreast.
(6.5) A person under the age of eighteen years may not operate or carry a
passenger who is under eighteen years of age on a low-power scooter unless the person and the passenger are wearing protective helmets in accordance with the provisions of section 42-4-1502 (4.5).
(7) For the sake of uniformity and bicycle, electrical assisted bicycle, electric
scooter, and low-power scooter safety throughout the state, the department in cooperation with the department of transportation shall prepare and make available to all local jurisdictions for distribution to bicycle, electrical assisted bicycle, electric scooter, and low-power scooter riders a digest of state regulations explaining and illustrating the rules of the road, equipment requirements, and traffic control devices that are applicable to the riders and their bicycles, electrical assisted bicycles, electric scooters, or low-power scooters. Local authorities may supplement this digest with a leaflet describing any additional regulations of a local nature that apply within their respective jurisdictions.
(8) Persons riding or leading animals on or along any highway shall ride or
lead such animals on the left side of said highway, facing approaching traffic. This shall not apply to persons driving herds of animals along highways.
(9) No person shall use the highways for traveling on skis, toboggans,
coasting sleds, skates, or similar devices. It is unlawful for any person to use any roadway of this state as a sled or ski course for the purpose of coasting on sleds, skis, or similar devices. It is also unlawful for any person upon roller skates or riding in or by means of any coaster, toy vehicle, or similar device to go upon any roadway except while crossing a highway in a crosswalk, and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This subsection (9) does not apply to any public way which is set aside by proper authority as a play street and which is adequately roped off or otherwise marked for such purpose or to any highway or portion of a highway designated for over-snow use only by a local authority pursuant to section 42-4-106 (3)(d).
(10) Every person riding or leading an animal or driving any animal-drawn
conveyance upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this article, except those provisions of this article which by their very nature can have no application.
(11) Where suitable bike paths, horseback trails, or other trails have been
established on the right-of-way or parallel to and within one-fourth mile of the right-of-way of heavily traveled streets and highways, the department of transportation may, subject to the provisions of section 43-2-135, by resolution or order entered in its minutes, and local authorities may, where suitable bike paths, horseback trails, or other trails have been established on the right-of-way or parallel to it within four hundred fifty feet of the right-of-way of heavily traveled streets, by ordinance, determine and designate, upon the basis of an engineering and traffic investigation, those heavily traveled streets and highways upon which shall be prohibited any bicycle, electrical assisted bicycle, electric scooter, animal rider, animal-drawn conveyance, or other class or kind of nonmotorized traffic that is found to be incompatible with the normal and safe movement of traffic, and, upon such a determination, the department of transportation or local authority shall erect appropriate official signs giving notice of the prohibition; except that, with respect to controlled access highways, section 42-4-1010 (3) applies. When the official signs are erected, a person shall not violate any of the instructions contained on the official signs.
(12) The parent of any child or guardian of any ward shall not authorize or
knowingly permit any child or ward to violate any provision of this section.
(13) (a) Except as otherwise provided in paragraph (b) of this subsection (13),
any person who violates a provision of this section commits a class B traffic infraction.
(b) Any person who violates subsection (6.5) of this section commits a class
A traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2232, � 1, effective
January 1, 1995. L. 2007: (6.5) added and (13) amended, p. 1481, � 2, effective July 1. L. 2009: (1), (2), (3), (4), (5), (6), (6.5), (7), and (11) amended, (HB 09-1026), ch. 281, p. 1270, � 35, effective October 1. L. 2019: (7) and (11) amended, (HB 19-1221), ch. 271, p. 2558, � 3, effective May 23. L. 2022: (9) amended, (HB 22-1046), ch. 94, p. 452, � 3, effective April 12.
Editor's note: This section is similar to former � 42-4-107 as it existed prior to
1994, and the former � 42-4-109 was relocated to � 42-4-111.
Cross references: For use of snowmobiles on highways, see �� 33-14-110 to
33-14-112; for the penalties and surcharges for violations of subsections (13)(a) and (13)(b), see � 42- 4-1701 (4)(a)(I)(C).
C.R.S. § 42-4-1102
42-4-1102. Altering of speed limits - department to study rural state highways and increase speed limits - definitions. (1) (a) Whenever the department of transportation determines upon the basis of a traffic investigation or survey or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highways or segments thereof that any speed specified or established as authorized under sections 42-4-1101 to 42-4-1104 is greater or less than is reasonable or safe under the road and traffic conditions at any intersection or other place or upon any part of a state highway under its jurisdiction, said department shall determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or upon the approaches thereto; except that no speed limit in excess of seventy-five miles per hour shall be authorized by said department.
(b) Repealed.
(2) Whenever county or municipal authorities, within their respective
jurisdictions, determine upon the basis of a traffic investigation or survey and, for residential neighborhoods, after additional optional consideration of road characteristics, current and future development, environmental factors, parking practices, pedestrian and bicycle activity in the vicinity, and crash statistics from the most recent year, or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highways or segments thereof, that any speed specified or established as authorized under sections 42-4-1101 to 42-4-1104 is greater or less than is reasonable or safe under the road and traffic conditions at an intersection or other place or upon any part of a street or highway in its jurisdiction, the local authority shall determine and declare a reasonable and safe speed limit that is effective when appropriate signs giving notice thereof are erected at the intersection or other place or upon the approaches thereto. A local authority shall not alter the basic rules set forth in section 42-4-1101 (1) or authorize by resolution or ordinance a speed in excess of seventy-five miles per hour.
(3) Local municipal authorities within their respective jurisdictions shall
determine upon the basis of a traffic investigation or survey the proper speed for all arterial streets and shall declare a reasonable and safe speed limit thereon which may be greater or less than the speed specified under section 42-4-1101 (2)(b) or (2)(c). Such speed limit shall not exceed seventy-five miles per hour and shall become effective when appropriate signs are erected giving notice thereof. For purposes of this subsection (3), an arterial street means any United States or state-numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways.
(3.5) Repealed.
(4) No alteration of speed limits on state highways within cities, cities and
counties, and incorporated towns is effective until it has been approved in writing by the department of transportation. Upon the request of any incorporated city or town, the department of transportation shall conduct any traffic investigation or survey that is deemed to be warranted for determination of a safe and reasonable speed limit on any street or portion thereof that is a state highway. In conducting such a traffic investigation, the department may receive and consider traffic and engineering data provided by the city or county engineer of any requesting local government that will be impacted by a proposed alteration of speed limits. Any speed limit so determined by the department becomes effective when declared by the local authority and made known by official signs conforming to the state traffic control manual.
(5) Whenever the department of transportation or local authorities, within
their respective jurisdictions, determine upon the basis of a traffic investigation or survey that a reduced speed limit is warranted in a school or construction area or other place during certain hours or periods of the day when special or temporary hazards exist, the department or the concerned local authority may erect or display official signs of a type prescribed in the state traffic control manual giving notice of the appropriate speed limit for such conditions and stating the time or period the regulation is effective. When such signs are erected or displayed, the lawful speed limit at the particular time and place shall be that which is then indicated upon such signs; except that no such speed limit shall be less than twenty miles per hour on a state highway or other arterial street as defined in subsection (3) of this section nor less than fifteen miles per hour on any other road or street, nor shall any such reduced speed limit be made applicable at times when the special conditions for which it is imposed cease to exist. Such reduced speed limits on streets which are state highways shall be subject to the written approval of the department of transportation before becoming effective.
(6) In its discretion, a municipality, by ordinance, or a county, by resolution of
the board of county commissioners, may impose and enforce stop sign regulations and speed limits, not inconsistent with the provisions of sections 42-4-1101 to 42-4-1104, upon any way which is open to travel by motor vehicles and which is privately maintained in mobile home parks, when appropriate signs giving notice of such enforcement are erected at the entrances to such ways. Unless there is an agreement to the contrary, the jurisdiction ordering the regulations shall be responsible for the erection and maintenance of the signs.
(7) Any powers granted in this section to county or municipal authorities may
be exercised by such authorities or by any municipal officer or employee who is designated by ordinance to exercise such powers.
(8) The department of transportation shall not set a speed limit on interstate
70 for commercial vehicles or any other motor vehicle that differs from the highest authorized speed for any other type of motor vehicle on the same portion of a highway by more than twenty-five miles per hour.
(9) For purposes of this section, residential neighborhood has the same
meaning as set forth in section 42-4-110.5 (2)(g)(II).
Source: L. 94: Entire title amended with relocations, p. 2366, � 1, effective
January 1, 1995. L. 95: (3) amended, p. 956, � 16, effective May 25. L. 96: (1), (2), and (3) amended, p. 579, � 3, effective May 25. L. 2010: (8) added, (SB 10-196), ch. 333, p. 1534, � 1, effective July 1. L. 2014: (4) amended, (SB 14-146), ch. 141, p. 486, � 1, effective May 2. L. 2018: (2) amended and (9) added, (HB 18-1191), ch. 156, p. 1098, � 1, effective August 8. L. 2020: (3.5) added, (HB 20-1178), ch. 90, p. 361, � 1, effective September 14.
Editor's note: (1) This section is similar to former � 42-4-1002 as it existed
prior to 1994, and the former � 42-4-1102 was relocated to � 42-4-1202.
(2) Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective
July 1, 1998. (See L. 96, p. 579.)
(3) Subsection (3.5)(e) provided for the repeal of subsection (3.5), effective
July 1, 2022. (See L. 2020, p. 361.)
C.R.S. § 42-4-1103
42-4-1103. Minimum speed regulation. (1) No person shall drive a motor vehicle on any highway at such a slow speed as to impede or block the normal and reasonable forward movement of traffic, except when a reduced speed is necessary for safe operation of such vehicle or in compliance with law.
(2) Whenever the department of transportation or local authorities within
their respective jurisdictions determine, on the basis of an engineering and traffic investigation as described in the state traffic control manual, that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, said department or such local authority may determine and declare a minimum speed limit below which no person shall drive a vehicle, except when necessary for safe operation or in compliance with law.
(3) Notwithstanding any minimum speed that may be authorized and posted
pursuant to this section, if any person drives a motor vehicle on a highway outside an incorporated area or on any controlled-access highway at a speed less than the normal and reasonable speed of traffic under the conditions then and there existing and by so driving at such slower speed impedes or retards the normal and reasonable movement of vehicular traffic following immediately behind, then such driver shall:
(a) Where the width of the traveled way permits, drive in the right-hand lane
available to traffic or on the extreme right side of the roadway consistent with the provisions of section 42-4-1001 (2) until such impeded traffic has passed by; or
(b) Pull off the roadway at the first available place where such movement
can safely and lawfully be made until such impeded traffic has passed by.
(4) Wherever special uphill traffic lanes or roadside turnouts are provided
and posted, drivers of all vehicles proceeding at less than the normal and reasonable speed of traffic shall use such lanes or turnouts to allow other vehicles to pass or maintain normal traffic flow.
(5) Any person who violates any provision of this section commits a class A
traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2368, � 1, effective
January 1, 1995.
Editor's note: This section is similar to former � 42-4-1003 as it existed prior
to 1994.
C.R.S. § 42-4-111
42-4-111. Powers of local authorities. (1) Except as otherwise provided in subsection (2) of this section, this article 4 does not prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from:
(a) Regulating or prohibiting the stopping, standing, or parking of vehicles,
consistent with the provisions of this article;
(b) Establishing parking meter zones where it is determined upon the basis of
an engineering and traffic investigation that the installation and operation of parking meters is necessary to aid in the regulation and control of the parking of vehicles during the hours and on the days specified on parking meter signs;
(c) Regulating traffic by means of police officers or official traffic control
devices, consistent with the provisions of this article;
(d) Regulating or prohibiting processions or assemblages on the highways,
consistent with the provisions of this article;
(e) Designating particular highways or roadways for use by traffic moving in
one direction, consistent with the provisions of this article;
(f) Designating any highway as a through highway or designating any
intersection as a stop or yield intersection, consistent with the provisions of this article;
(g) Designating truck routes and restricting the use of highways, consistent
with the provisions of this article;
(h) Regulating the operation of bicycles or electrical assisted bicycles and
requiring the registration and licensing of same, including the requirement of a registration fee, consistent with the provisions of this article;
(i) Altering or establishing speed limits, consistent with the provisions of this
article;
(j) Establishing speed limits for vehicles in public parks, consistent with the
provisions of this article;
(k) Determining and designating streets, parts of streets, or specific lanes
thereon upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day, consistent with the provisions of this article;
(l) Regulating or prohibiting the turning of vehicles, consistent with the
provisions of this article;
(m) Designating no-passing zones, consistent with the provisions of this
article;
(n) Prohibiting or regulating the use of controlled-access roadways by
nonmotorized traffic or other kinds of traffic, consistent with the provisions of this article;
(o) Establishing minimum speed limits, consistent with the provisions of this
article;
(p) Designating hazardous railroad crossings, consistent with the provisions
of this article;
(q) Designating and regulating traffic on play streets, consistent with the
provisions of this article;
(r) Prohibiting or restricting pedestrian crossing, consistent with the
provisions of this article;
(s) Regulating the movement of traffic at school crossings by official traffic
control devices or by duly authorized school crossing guards, consistent with the provisions of this article;
(t) Regulating persons propelling push carts;
(u) Regulating persons upon skates, coasters, sleds, or similar devices,
consistent with the provisions of this article;
(v) Adopting such temporary or experimental regulations as may be
necessary to cover emergencies or special conditions;
(w) Adopting such other traffic regulations as are provided for by this article;
(x) Closing a street or portion thereof temporarily and establishing
appropriate detours or an alternative routing for the traffic affected, consistent with the provisions of this article;
(y) Regulating the local movement of traffic or the use of local streets where
such is not provided for in this article;
(z) Regulating the operation of low-power scooters, consistent with the
provisions of this article; except that local authorities shall be prohibited from establishing any requirements for the registration and licensing of low-power scooters;
(aa) Regulating the operation of low-speed electric vehicles, including,
without limitation, establishing a safety inspection program, on streets and highways under their jurisdiction by resolution or ordinance of the governing body, if such regulation is consistent with the provisions of this title;
(bb) Authorizing and regulating the operation of golf cars on roadways by
resolution or ordinance of the governing body, if the authorization or regulation is consistent with this title and does not authorize:
(I) An unlicensed driver of a golf car to carry a passenger who is under
twenty-one years of age;
(II) Operation of a golf car by a person under sixteen years of age; or
(III) Operation of a golf car on a state highway; except that the ordinance or
resolution may authorize a person to drive a golf car directly across a state highway at an at-grade crossing to continue traveling along a roadway that is not a state highway;
(cc) Authorizing, prohibiting, or regulating the use of an EPAMD on a
roadway, sidewalk, bike path, or pedestrian path consistent with section 42-4-117 (1) and (3);
(dd) Authorizing or prohibiting the use of an electrical assisted bicycle or
electric scooter on a bike or pedestrian path in accordance with section 42-4-1412;
(ee) Enacting the idling standards in conformity with section 42-14-103;
(ff) Regulating the operation of an electric scooter, consistent with this title
42;
(gg) Enforcing the requirement that a vehicle, trailer, semitrailer, or motor
vehicle be registered as required in article 3 of this title 42. This subsection (1)(gg) does not authorize a local authority to enact an ordinance or resolution that requires the owner of a vehicle, trailer, semitrailer, or motor vehicle to register the vehicle, trailer, semitrailer, or motor vehicle with the local authority.
(2) (a) An ordinance or regulation enacted under paragraph (a), (b), (e), (f), (g),
(i), (j), (k), (l), (m), (n), (o), (p), (q), (r), (v), (x), (y), (aa), or (cc) of subsection (1) of this section may not take effect until official signs or other traffic control devices conforming to standards as required by section 42-4-602 and giving notice of the local traffic regulations are placed upon or at the entrances to the highway or part thereof affected as may be most appropriate.
(b) Subsection (1) of this section does not authorize a local authority to
regulate or authorize the use of vehicles and motor vehicles on the state highway system that is subject to section 43-2-135, C.R.S., except in at-grade crossings where the roadway subject to the local authority's jurisdiction crosses the state highway. The local authority may regulate vehicles within such crossings only to the extent necessary to effect the local authority's power to regulate the roadway under the local authority's jurisdiction and only if the regulation or authorization does not interfere with the normal operation of the state highway.
(3) (a) A board of county commissioners may by resolution authorize the use
of designated portions of unimproved county roads within the unincorporated portion of the county for motor vehicles participating in timed endurance events and for such purposes shall make such regulations relating to the use of such roads and the operation of vehicles as are consistent with public safety in the conduct of such event and with the cooperation of county law enforcement officials.
(b) Such resolution by a board of county commissioners and regulations
based thereon shall designate the specific route which may be used in such event, the time limitations imposed upon such use, any necessary restrictions in the use of such route by persons not participating in such event, special regulations concerning the operation of vehicles while participating in such event in which case any provisions of this article to the contrary shall not apply to such event, and such requirements concerning the sponsorship of any such event as may be reasonably necessary to assure adequate responsibility therefor.
Source: L. 94: Entire title amended with relocations, p. 2235, � 1, effective
January 1, 1995. L. 97: (1)(aa) added and (2) amended, p. 394, �� 8, 9, effective August 6. L. 2009: IP(1) and (1)(aa) amended and (1)(bb) added, (SB 09-075), ch. 418, p. 2323, � 7, effective August 5; IP(1), (1)(h), (1)(z), and (2) amended and (1)(cc) and (1)(dd) added, (HB 09-1026), ch. 281, p. 1271, � 36, effective October 1. L. 2011: (1)(ee) added, (HB 11-1275), ch. 215, p. 942, � 1, effective July 1. L. 2012: (1)(bb)(II) amended, (SB 12-013), ch. 148, p. 533, � 2, effective May 3. L. 2016: IP(1), (1)(bb)(III), and (2) amended, (SB 16-173), ch. 273, p. 1131, � 1, effective August 10. L. 2017: IP(1) and (1)(dd) amended, (HB 17-1151), ch. 98, p. 296, � 3, effective August 9. L. 2019: (1)(dd) amended and (1)(ff) added, (HB 19-1221), ch. 271, p. 2559, � 4, effective May 23. L. 2025: (1)(gg) added, (HB 25-1112), ch. 348, p. 1878, � 2, effective August 6.
Editor's note: (1) This section is similar to former � 42-4-109 as it existed
prior to 1994, and the former � 42-4-111 was relocated to � 42-4-113.
(2) Amendments to the introductory portion to subsection (1) by Senate Bill
09-075 and House Bill 09-1026 were harmonized.
(3) Section 4(2) of chapter 348 (HB 25-1112), Session Laws of Colorado 2025,
provides that the act changing this section applies to offenses committed on or after August 6, 2025.
Cross references: For powers and duties of the Colorado state patrol, see
part 2 of article 33.5 of title 24.
C.R.S. § 42-4-234
42-4-234. Slow-moving vehicles - display of emblem - penalty. (1) (a) All machinery, equipment, and vehicles, except bicycles, electrical assisted bicycles, electric scooters, and other human-powered vehicles, designed to operate or normally operated at a speed of less than twenty-five miles per hour on a public highway must display a triangular slow-moving vehicle emblem on the rear.
(b) The department shall set standards for a triangular slow-moving emblem
for use on low-speed electric vehicles.
(c) Bicycles, electrical assisted bicycles, electric scooters, and other human-powered vehicles may, but need not, display the emblem specified in this
subsection (1).
(2) The executive director of the department shall adopt standards and
specifications for such emblem, position of the mounting thereof, and requirements for certification of conformance with the standards and specifications adopted by the American society of agricultural engineers concerning such emblems. The requirements of such emblem shall be in addition to any lighting device required by law.
(3) The use of the emblem required under this section shall be restricted to
the use specified in subsection (1) of this section, and its use on any other type of vehicle or stationary object shall be prohibited.
(4) Any person who violates any provision of this section commits a class B
traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2267, � 1, effective
January 1, 1995. L. 97: (1) amended, p. 393, � 6, effective August 6. L. 2009: (1) amended, (SB 09-075), ch. 418, p. 2324, � 14, effective August 5; (1) amended, (HB 09-1026), ch. 281, p. 1276, � 49, effective October 1. L. 2019: (1)(a) and (1)(c) amended, (HB 19-1221), ch. 271, p. 2560, � 7, effective May 23.
Editor's note: (1) This section is similar to former � 42-4-233 as it existed
prior to 1994, and the former � 42-4-234 was relocated to � 42-4-235.
(2) Amendments to subsection (1) by Senate Bill 09-075 and House Bill 09-1026 were harmonized.
Cross references: For the penalty for a class B traffic infraction generally,
see � 42-4-1701 (3)(a)(I); for the penalty and surcharge for equipment violations of this section, see � 42-4-1701 (4)(a)(I)(D).
C.R.S. § 42-4-404
42-4-404. Powers and duties of the executive director of the department of public health and environment. (1) (a) The executive director of the department of public health and environment, referred to in this section as the executive director, shall develop a program for the training, testing, and retesting of diesel emissions inspectors, which program may be funded by tuition charged to the participants.
(b) Those persons who successfully complete the testing set forth in
paragraph (a) of this subsection (1) shall be recommended to the department of revenue for licensure.
(2) The executive director shall instruct the department of revenue to issue a
license as a diesel inspection station to one or more parties with either new or existing diesel emissions inspection facilities. Such instruction shall be based on, among other factors:
(a) Any requirements for licensure set by the commission by rule and
regulation pursuant to section 42-4-403;
(b) The requirements set forth in section 42-4-407;
(c) The geographical coverage which would result for licensing the station.
(d) Repealed.
(3) (a) The executive director shall continuously evaluate the diesel
emissions inspection program. Such evaluation shall be based on continuing research conducted by the department of public health and environment and other engineering data and shall include assessments of the cost-effectiveness and air pollution control effectiveness of the program.
(b) The executive director shall submit such evaluation and any
recommendations for program changes to the general assembly by December 1 of each year, in order that the general assembly may annually review the diesel emissions inspection program.
(4) The executive director shall implement an ongoing project designed to
inform the public concerning the operation of the diesel emissions inspection program and the benefits to be derived from such program. The executive director shall also prepare a handbook which shall explain the diesel emissions inspection program, the owner's or operator's responsibilities under the program, the licensure of stations and inspectors, and any other aspects of the program which the executive director determines would be beneficial to the public. In addition to the distribution of such handbook, the executive director shall actively seek the assistance of the electronic and print media in communicating information to the public on the operation of the inspection program and shall utilize any other means of disseminating such information which may be likely to effectuate the purpose of such program.
(5) The executive director may establish and operate technical or
administrative centers, if necessary, for the proper administration of the diesel inspection program or may utilize existing centers established for the AIR program pursuant to section 42-4-307.
(6) Repealed.
Source: L. 94: Entire title amended with relocations, p. 2317, � 1, effective
January 1, 1995. L. 98: (6) added, p. 1015, � 2, effective August 5. L. 2000: (2)(d)(II) added by revision, pp. 1764, 1765, �� 2, 3. L. 2003: (6) repealed, p. 1026, � 6, effective August 6.
Editor's note: (1) This section is similar to former � 25-7-602.5 as it existed
prior to 1994, and the former � 42-4-404 was relocated to � 42-4-504.
(2) Subsection (2)(d)(II) provided for the repeal of subsection (2)(d), effective
July 1, 2001. (See L. 2000, pp. 1764, 1765.)
C.R.S. § 42-8-108
42-8-108. Cooperation among departments. The governor of Colorado shall require the chief of the Colorado state patrol, the chief engineer of the department of transportation, the commissioner of agriculture, the director of the division of commerce and development, and the chair of the public utilities commission to cooperate to the fullest extent possible to the end that port of entry weigh stations established under authority of this article shall serve the broadest possible functions.
Source: L. 94: Entire title amended with relocations, p. 2495, � 1, effective
January 1, 1995. L. 2012: Entire section amended, (HB 12-1019), ch. 135, p. 471, � 18, effective July 1.
C.R.S. § 43-1-104
43-1-104. Department divisions, sections, and units. (1) The department consists of the following divisions:
(a) The highway maintenance division, created in section 43-1-114;
(b) The engineering, design, and construction division, created in section 43-1-116;
(c) The transportation development division, created in section 43-1-117;
(d) The aeronautics division, created in article 10 of this title; and
(e) The transit and rail division created in section 43-1-117.5.
(2) (a) In addition to the divisions created by subsection (1) of this section, the
commission shall create such divisions, sections, and units as are necessary to implement the provisions of this part 1.
(b) (I) The commission shall create divisions, sections, or units as are
necessary to address the following modes of transportation:
(A) Mass transit operations of public mass transit operators;
(B) Special transportation districts including, but not limited to, public
highway authorities created pursuant to the provisions of part 5 of article 4 of this title, and tunnel districts created pursuant to the provisions of article 1 of title 32, C.R.S.;
(C) Railroads;
(D) Bicycles and pedestrians.
(II) The duties of the department with regard to the modes of transportation
under this paragraph (b) shall be to:
(A) Gather information concerning the operations, planning, and funding
requirements of the present and future transportation systems to assist the department in planning; and
(B) Provide data and technical assistance to transportation operators to
assist their operations and to help improve transportation in Colorado.
(III) The department shall not assume operating responsibilities of existing
transportation entities unless authorized by intergovernmental agreement.
(c) The commission shall create such divisions, sections, and units of the
department as are necessary to provide the following services for the department:
(I) Administrative and human services; and
(II) Financial and budget management.
(d) Repealed.
Source: L. 91: Entire part R&RE, p. 1021, � 1, effective July 1. L. 2009: (1)(e)
added, (SB 09-094), ch. 280, p. 1249, � 2, effective May 20. L. 2015: IP(1) and (1)(a) amended, (HB 15-1209), ch. 64, p. 174, � 3, effective March 30.
Editor's note: Subsection (2)(d)(II) provided for the repeal of subsection
(2)(d), effective July 1, 1996. (See L. 91, p. 1021.)
C.R.S. § 43-1-105
43-1-105. Powers and duties of the executive director. (1) The executive director shall:
(a) Plan, develop, construct, coordinate, and promote an integrated
transportation system in cooperation with federal, regional, local, and other state agencies and with private individuals and organizations concerned with transportation planning and operations in the state;
(b) Initiate such comprehensive planning measures and authorize such
studies and other research as he or she deems necessary for the development of an integrated transportation system;
(c) Exercise general supervisory control over and coordinate the activities,
functions, and employees of the department and its divisions;
(d) Appoint a deputy director of the department pursuant to the provisions of
section 13 of article XII of the state constitution;
(e) Maintain and administer the transportation infrastructure revolving fund
pursuant to the provisions of section 43-1-113.5.
(2) Subject to the powers of the commission, the executive director is hereby
authorized to create or alter such sections and units within the divisions of the department as the executive director determines are necessary to effectively and efficiently operate the department.
(3) The executive director shall have such other powers, duties, and
functions as are prescribed for heads of principal departments in the Administrative Organization Act of 1968, article 1 of title 24, C.R.S.
(4) The executive director shall have the power to solicit bids using
electronic online access, including the internet, for purposes of acquiring construction contracts for public projects as provided in section 24-92-103, C.R.S.
(5) The executive director shall have the power to issue transportation
revenue anticipation notes in accordance with the provisions of part 7 of article 4 of this title.
(6) Whenever the department or any division of the department other than
the aeronautics division is authorized or required by law to hold a hearing, the executive director or the executive director's designee, who may be, but is not limited to, the chief engineer or an administrative law judge appointed pursuant to part 10 of article 30 of title 24, C.R.S., shall preside over the hearing to take evidence and make findings and report them to the executive director and to the commission; except that, whenever the chief engineer is authorized or required by law to adopt rules or regulations for the engineering, design, and construction division, the chief engineer, his or her designee for rule-making, or an administrative law judge appointed pursuant to part 10 of article 30 of title 24, C.R.S., shall preside over any hearing held pursuant to article 4 of title 24, C.R.S.
Source: L. 91: Entire part R&RE, p. 1022, � 1, effective July 1. L. 94: (3) added,
p. 566, � 18, effective April 6. L. 98: (1)(e) and (4) added, pp. 1098, 1096, �� 18, 10, effective June 1. L. 99: (5) added, p. 1118, � 2, effective June 2. L. 2015: (6) added, (HB 15-1209), ch. 64, p. 174, � 4, effective March 30.
C.R.S. § 43-1-106
43-1-106. Transportation commission - efficiency and accountability committee - powers and duties - report - rules - definitions. (1) There is created the transportation commission, which consists of eleven members. The transportation commission is a type 1 entity, as defined in section 24-1-105.
(2) One member of the commission shall be appointed by the governor from
each of the following districts:
(a) District 1: The city and county of Denver;
(b) District 2: The county of Jefferson;
(c) District 3: The counties of Arapahoe and Douglas;
(d) District 4: The counties of Adams and Boulder;
(e) District 5: The counties of Larimer, Morgan, and Weld;
(f) District 6: The counties of Rio Blanco, Grand, Moffat, Routt, Gilpin, Clear
Creek, and Jackson;
(g) District 7: The counties of Chaffee, Eagle, Garfield, Lake, Summit, Pitkin,
Delta, Gunnison, Mesa, Montrose, and Ouray;
(h) District 8: The counties of Alamosa, Archuleta, Conejos, Costilla, Dolores,
Hinsdale, La Plata, Mineral, Montezuma, Rio Grande, Saguache, San Juan, and San Miguel;
(i) District 9: The counties of El Paso, Fremont, Park, and Teller;
(j) District 10: The counties of Baca, Bent, Crowley, Custer, Huerfano, Kiowa,
Las Animas, Otero, Prowers, and Pueblo; and
(k) District 11: The counties of Cheyenne, Elbert, Kit Carson, Lincoln, Logan,
Phillips, Sedgwick, Washington, and Yuma.
(3) Each district member shall actually reside in the district he or she
represents. If a district member ceases to reside in the district he or she represents, such district member shall be deemed to have resigned as a member of the commission.
(4) (a) Each member of the commission shall be appointed by the governor,
with the consent of the senate, for a term of four years.
(b) Repealed.
(c) As the terms of the members of the commission expire, the governor shall
consider the appointment to the commission of one or more individuals with knowledge or experience in mass transportation to provide for a commission with expertise in different modes of transportation and shall consider the appointment to the commission of at least one individual with knowledge or experience in engineering. In making appointments to the commission, the governor is encouraged to include representation by at least one member who is a person with a disability, as defined in section 24-34-301, a family member of a person with a disability, or a member of an advocacy group for persons with disabilities, provided that the other requirements of this subsection (4)(c) are met.
(5) All members of the commission shall take an oath or affirmation in
accordance with section 24-12-101.
(6) The commission shall meet regularly not less than eight times a year, but
special meetings may be called by the governor, the chairman of the commission, the executive director, or a majority of the members of the commission on three days' prior notice by mail or, in case of emergency, on twenty-four hours' notice by telephone or other telecommunications device. The commission shall adopt rules in relation to its meetings and the transaction of its business. Six members shall constitute a quorum of the commission. All meetings of the commission, in any suit or proceedings, shall be presumed to have been duly called and regularly held, and all orders, rules, and proceedings of the commission to have been authorized, unless the contrary is proved. Each member of the commission shall receive seventy-five dollars per day for each regular or special meeting of the commission actually attended and shall be reimbursed for his or her necessary expenses incurred in the discharge of such member's official duties. Mileage rates shall be computed in accordance with section 24-9-104, C.R.S.
(7) The members of the commission thus designated or appointed and their
successors shall constitute a body corporate to be known by the name and style of the transportation commission of Colorado, shall have the power to adopt and use a common seal and to change and alter such seal at will, and shall have and exercise all powers necessarily incident to a body corporate or as provided by law.
(8) In addition to all other powers and duties imposed upon it by law, the
commission has the following powers and duties:
(a) To formulate the general policy with respect to the management,
construction, and maintenance of public highways and other transportation systems in the state and, in that capacity, to receive delegations, including county commissioners and municipal officials interested therein;
(b) To assure that the preservation and enhancement of Colorado's
environment, safety, mobility, and economics be considered in the planning, selection, construction, and operation of all transportation projects in Colorado;
(c) To make such studies as it deems necessary to guide the executive
director and the chief engineer concerning the transportation needs of the state;
(d) To prescribe the administrative practices to be followed by the executive
director and the chief engineer in the performance of any duty imposed on them by law;
(e) Repealed.
(f) To require the executive director and the chief engineer to furnish
whatever reports, statistics, information, or assistance it may request in studying any particular transportation problem or with respect to the operation of the department generally;
(g) To furnish the executive director and the chief engineer with advice on
any transportation problem with which they may be confronted;
(h) To promulgate and adopt all department budgets, subject to section 43-1-113, and state transportation programs, including construction priorities and the
approval of extensions or abandonments of the state highway system and including a capital construction request, based on the statewide transportation improvement programs, for state highway reconstruction, repair, and maintenance projects to be funded from the capital construction fund as provided in section 2-3-1304 (1)(a.5), C.R.S. The provisions of this paragraph (h) shall not apply to the budget of the aeronautics division; except that the commission has the authority to adopt the portion of the division's budget pertaining to its administrative costs and to make an allocation therefor.
(i) To act as consultants and to provide services and information, to the
boards of county commissioners, which in the discretion of the commission are deemed beneficial to the state of Colorado. Such duty shall include the establishment of a formal hearing process for the boards of county commissioners.
(j) To do all other things necessary and appropriate in the construction,
improvement, and maintenance of the state highway and transportation systems;
(k) To make all necessary and reasonable orders, rules, and regulations in
order to carry out the provisions of this part 1 but not inconsistent therewith, but nothing in this section shall be deemed or construed to give the commission or any member thereof the power to direct any officer or any employee, other than the executive director of the department, to do or not to do anything;
(l) To do all things necessary and appropriate in the construction,
improvement, and maintenance of the public roads serving the state parks and recreation areas and, to this end, to cooperate with the parks and wildlife commission and the director of the division of parks and wildlife;
(m) To do all things necessary and appropriate in the construction,
maintenance, and improvement of recreational trails along and across new or existing state or interstate highways and, to this end, to cooperate with the parks and wildlife commission and the director of the division of parks and wildlife;
(n) To prepare an inventory of, description of use of, evaluation of future
plans for, and assessment of the value of property, except for operating highway rights-of-way, held by the department and to determine whether or not the transfer, sale, lease, or other disposition of such property would result in a substantial net benefit to the highway users tax fund or any other fund to which such moneys would be directed. Upon such determination, the commission shall direct the department to dispose of any property that is not anticipated for use for transportation purposes in the reasonably foreseeable future, as determined by the chief engineer, subject to the provisions of section 43-1-210 (5).
(o) To require the internal auditor to perform such audits and furnish such
other information or assistance as is set forth in subsection (12) of this section;
(p) (I) To promulgate all necessary and reasonable regulations to establish
an emerging small business program for the department. In promulgating such regulations, the commission may provide such assistance to eligible small businesses as the commission determines is appropriate to promote the participation of small businesses in the performance of highway construction work, professional services work, and practice of research work and thereby to increase the competition and lower the cost to the state for such work. For the purposes of this paragraph (p), professional services shall have the meaning provided for such term in section 24-30-1402 (6), C.R.S. For the purposes of this paragraph (p), practice of research means the performance of professional services involving the design, data collection and data analysis of studies such as evaluation studies, usage studies, feasibility studies, environmental impact studies, polling studies, and other such studies performed by a person qualified by education or training or actual performance in the field.
(II) The assistance that is provided to small businesses under the regulations
promulgated by the commission pursuant to the provisions of subparagraph (I) of this paragraph (p) may include, but is not necessarily limited to, the following:
(A) Assistance in developing business plans;
(B) The provision of technical assistance to small businesses;
(C) The provision of payments to prime contractors and consultants for the
actual costs incurred by such contractors and consultants in providing job training to small business subcontractors and subconsultants;
(D) The restriction of certain smaller projects to only eligible small
businesses;
(E) The provision of assistance to small businesses with bonding and
retainage requirements, including, but not necessarily limited to, the waiver of bonding or retainage requirements for certain smaller projects;
(F) Increasing the number of smaller projects that could be completed by
small businesses in construction and nonconstruction areas; and
(G) The adjustment of the points awarded in the evaluation of any
prospective consultant who is an eligible small business or who will hire eligible small businesses as subconsultants in construction and nonconstruction areas.
(q) (I) To cooperate or contract with the department of transportation of one
or more states, regional or national associations, or not-for-profit organizations to provide any function, service, or facility lawfully authorized to each, including the sharing of costs, concerning the research, development, implementation, or utilization of transportation studies, issues, and new transportation technology. Said studies, issues, and technology shall include intelligent vehicle highway systems only if such cooperation or contracts are authorized by each party with the approval of its legislative body or other authority.
(II) Any such contract shall set forth fully the purposes, powers, rights,
obligations, and responsibilities, financial and otherwise, of the contracting parties.
(III) Where other provisions of law provide requirements for special types of
intergovernmental contracting or cooperation, those special provisions shall control.
(IV) Any such contract may provide for the joint exercise of any function,
service, or facility, as specified in subparagraph (I) of this paragraph (q), including the establishment of a separate legal entity to do so.
(q.5) In accordance with an implementation plan developed as required by
section 32-9-107.7 (4), and on behalf of the department, to enter into a standalone intergovernmental agreement with or create a separate legal entity pursuant to sections 29-1-203 and 29-1-203.5 or pursuant to articles 121 to 137 of title 7 with the regional transportation district, created in section 32-9-105, the front range passenger rail district, created in section 32-22-103 (1), and the high-performance transportation enterprise, created in section 43-4-806 (2)(a)(I), to implement the completion of construction and operation of the regional transportation district's northwest fixed guideway corridor, including an extension of the corridor to Fort Collins as the first phase of front range passenger rail service;
(r) Subject to section 2-3-1307, C.R.S., to cooperate with the executive
director in complying with the requirements of section 24-1-136.5, C.R.S., concerning the preparation of operational master plans, facilities master plans, and facilities program plans for the department;
(s) To promulgate rules or guidelines for the maintenance and administration
of the transportation infrastructure revolving fund in accordance with section 43-1-113.5.
(9) The commission may adopt rules and regulations to provide that traffic
lanes of state highways, or portions thereof, may be designated as diamond lanes for the preferential treatment of buses. The commission may also by rule and regulation provide that diamond lanes, or portions thereof, may also be available for use by vanpools and carpools. Such rules and regulations may include, but shall not be limited to, the minimum number of persons that would constitute a vanpool or carpool, the conditions under which such vanpools and carpools may use such diamond lanes, time restrictions, if any, conformance with existing intergovernmental agreements, and variances between highways. The commission shall report to the senate transportation committee and the house transportation and energy committee as to the utilization of high-occupancy vehicle traffic lanes, and their overall impact on traffic flow and air quality. Any hearings held pursuant to article 4 of title 24, C.R.S., shall be presided over by the commission, its designee for rule-making, or an administrative law judge appointed pursuant to part 10 of article 30 of title 24, C.R.S.
(9.5) (a) The commission shall promulgate and implement written policies
based upon the policy directive number 1604.0 issued by the commission on November 18, 1999, or any subsequent policy directive as amended or revised requiring the department to notify and disseminate information regarding transportation construction projects to the public and to residential neighborhoods and businesses that may be affected by transportation construction projects. Such policies shall include at a minimum:
(I) Notification procedures to communities, residences, and businesses
affected by a proposed transportation construction project, including time periods for notification and information about lane closures and detours;
(II) Notification and signage requirements to be followed by contractors for a
transportation construction project;
(III) Requirements for mitigation of impacts, including but not limited to
noise, dust, and access to property caused by a transportation construction project.
(b) The policies issued pursuant to this subsection (9.5) shall not be
construed to reopen the project public participation process for any transportation construction project for which the public participation process has been completed prior to June 1, 2002.
(10) The commission shall define the succession of administrative officers in
the department so that in the absence of the executive director, the deputy director, or the chief engineer there may always be a designated officer to act in his or her stead and to assume the obligation of his or her office.
(11) The commission shall act only by resolution adopted at a duly called
meeting of the commission, and no individual member of the commission shall exercise individually any administrative authority with respect to the department.
(12) (a) Subject to the provisions of section 13 of article XII of the state
constitution, the executive director shall appoint an internal auditor, who shall have the status of a division director and shall have the authority to appoint such personnel as may be necessary for the efficient operation of his office. The executive director shall give presumptive consideration to the recommendations of the commission prior to appointing the internal auditor.
(b) The internal auditor shall conduct and supervise:
(I) Internal audits on the department;
(II) External audits on persons entering into contracts with the department,
as deemed necessary or advisable by the commission;
(III) Such federally required audits as are delegated to the commission or the
department to perform;
(IV) Financial audits in order to ensure the financial integrity of the
department; and
(V) Performance audits to determine the efficiency and effectiveness of the
operations of the department.
(c) The commission shall establish an audit review committee from the
commission membership, which shall oversee the operations of the internal auditor and his staff.
(d) The executive director may direct the internal auditor to conduct such
other audits as the executive director may deem necessary.
(e) It is the intent of the general assembly to shift reporting of, supervision
of, and control of the department's internal auditor to the commission.
(13) Repealed.
(14) The commission shall seek to enter into intergovernmental agreements
with local governmental entities in order to encourage cooperation between the department and local governments and to maximize the efficiency of transportation systems in Colorado. Such intergovernmental agreements shall be negotiated by the chief engineer or the executive director pursuant to the provisions of section 43-1-110 (4).
(15) In addition to any other duties required by law, the commission has the
following charges:
(a) To study the feasibility of generating income for highway operations
through the usage of the powers granted to the department under the provisions of part 2 of article 3 of this title;
(b) To study the feasibility of transferring some or all of the existing tunnel
and highway authorities to the department and to examine the building of a highway beltway in the Denver metropolitan area;
(c) To study whether the regulation of private and public bus companies
should continue to be performed by the public utilities commission or whether such regulation should be performed by the department;
(d) (I) To study and make recommendations for existing and future
transportation systems in Colorado with a focus of such study and recommendations being a ten-year plan for each mode of transportation. The ten-year plan must be based on what can be reasonably expected to be implemented with the estimated revenues which are likely to be available. For each transportation project identified in the ten-year plan, the plan must specify and regularly update as circumstances change:
(A) The time frame during which the project is expected to be completed;
(B) The total estimated amount of funding required to complete the project;
and
(C) Accounting for the total estimated amount of funding for the project, the
amount of funding from each funding source that has been allocated for the project or is anticipated to be allocated for the project. The plan must always identify specific funding sources and amounts that taken together account for full funding for each project identified in the plan but may indicate, to the extent made necessary by data limitations and uncertainties regarding the availability of future funding and with respect to both the plan generally and any individual project, the extent to which and reasons why the sources and amounts of funding listed are uncertain and subject to change.
(II) The commission shall allocate department of transportation funding and
resources to the extent necessary to provide to state and local government elected officials a designated and readily available department contact to receive and respond to their questions about the status and funding of specific transportation projects that affect their communities and constituents. The department shall inform the members of the general assembly and the governing body of each county and municipality in the state of the identity of the designated contact and the means by which the designated contact may be reached.
(e) To examine the application of traffic systems management and
intelligent vehicle highway systems for Colorado highways. The commission shall complete such examination as soon as practicable.
(f) On or before March 31, 2026, to develop and publish best practices and
technical assistance materials concerning the creation of regional transportation authorities pursuant to the Regional Transportation Authority Law, part 6 of article 4 of this title 43, to increase funding for transit and to provide additional transit services within the state.
(16) Repealed.
(17) (a) The commission shall reestablish the standing efficiency and
accountability committee that was initially established in 2009 and disbanded in 2013. The committee shall seek ways to maximize the efficiency and accountability of the department to allow increased investment in the transportation system over the short, medium, and long term. The committee shall include:
(I) From the executive branch of state government:
(A) One member of the commission designated by the commission;
(B) One member from the office of the executive director designated by the
executive director;
(C) One member from each of the divisions of the department created in
section 43-1-104 (1) designated by the executive director after consultation with the directors of each division; and
(D) Any other employees of the department that the executive director may
designate;
(I.5) From the legislative branch of state government:
(A) Two members of the house of representatives, one appointed from the
majority party by the speaker of the house of representatives and one appointed from the minority party by the minority leader of the house of representatives; and
(B) Two members of the senate, one appointed from the majority party by the
president of the senate and one appointed from the minority party by the senate minority leader;
(II) From outside state government, representatives of:
(A) The construction industry;
(B) The engineering industry;
(C) The environmental community;
(D) Transportation planning organizations;
(E) Public transportation providers;
(F) Counties;
(G) Municipalities;
(H) Nonpartisan good governance organizations; and
(I) Any other industries or groups that the commission determines should be
represented on the committee; and
(III) Any individuals or representatives of informally constituted groups of
individuals that the commission determines should be represented on the committee.
(b) The efficiency and accountability committee shall seek to ensure that the
commission and the department execute their duties efficiently and in compliance with all applicable federal and state legal requirements. The committee shall periodically report to the commission and the executive director in order to recommend means by which the commission and the department may execute their duties more efficiently, point out any failures of the commission or the department to comply with applicable federal and state legal requirements, and recommend improvements to commission or department procedures that reduce the likelihood of inadvertent legal compliance failures. The committee shall also specifically examine actions taken by the commission and the department in response to the August 2015 performance audit report prepared by the state auditor titled Collection and Usage of the FASTER Motor Vehicle Fees and report its findings regarding the appropriateness, effectiveness, and efficiency of those actions. The executive director or the executive director's designee shall report at least once per calendar year to either the committees of the house of representatives and the senate that have jurisdiction over transportation or the transportation legislation review committee created in section 43-2-145 (1) regarding the activities and recommendations of the efficiency and accountability committee and any actions taken by the commission or the department to implement recommendations of the committee. Notwithstanding section 24-1-136 (11)(a), C.R.S., the reporting requirement continues indefinitely.
(b.5) (I) The efficiency and accountability committee shall study and report
to the executive director and the commission its findings and any recommendations regarding the following issues relating to consulting engineer contracts:
(A) Implementation of fixed bid procurement in lieu of bids based on hourly
charges;
(B) The quality assurance process;
(C) The revolving door of retired department employees going to work for
consultants;
(D) Incentives for closing out the contracts, early project completion, and
timely problem resolution; and
(E) Project staffing and implementation of the portion of the department
memorandum Work Plan for Consistent CDOT and Consultant Construction Project Administration under the heading Measurements in Fiscal Year 2015.
(II) The department shall annually report to the joint committees of
reference of the house of representatives and the senate to which the department is assigned pursuant to section 2-7-203 (1) as part of the hearing required by section 2-7-203 (2)(a) regarding the findings and any recommendations reported as required by subsection (17)(b.5)(I) of this section and the position of the department with respect to the findings and any recommendations.
(c) A member of the efficiency and accountability committee who has a
personal or private interest that could reasonably be expected to be affected if the commission or the department implements a proposed committee recommendation shall disclose the interest to the committee and shall abstain from any committee vote to adopt or reject the recommendation.
(d) Repealed.
Source: L. 91: Entire part R&RE, p. 1022, � 1, effective July 1. L. 92: (12)(b)(II)
amended, p. 1335, � 1, effective April 9; (8)(p) added, p. 1336, � 1, effective June 1; (8)(o) amended, p. 2183, � 57, effective June 2. L. 94: (8)(q) added, p. 303, � 2, effective March 22; (8)(r) added, p. 566, � 19, effective April 6. L. 95: (8)(h) amended, p. 1297, � 4, effective June 5. L. 96: (15) amended, p. 1272, � 206, effective August 7. L. 97: (16) added, p. 959, � 1, effective August 6. L. 98: (8)(s) added, p. 1098, � 19, effective June 1. L. 99: (8)(e) amended, p. 1400, � 2, effective June 4. L. 2000: (13) amended, p. 1938, � 20, effective October 1. L. 2001: (13) amended, p. 1286, � 74, effective June 5. L. 2002: (9.5) added, p. 992, � 1, effective June 1; (16)(e) amended, p. 872, � 11, effective August 7. L. 2003: (8)(e) and (13) repealed, p. 2660, � 1, effective August 6. L. 2004: (16) repealed, p. 218, � 43, effective August 4. L. 2006: (8)(h) amended, p. 540, � 1, effective July 1. L. 2008: (4)(c) amended, p. 304, � 1, effective August 5. L. 2009: (17) added, (SB 09-108), ch. 5, p. 53, � 14, effective March 2; (4)(c) amended, (HB 09-1281), ch. 399, p. 2155, � 7, effective August 5. L. 2012: (8)(l) and (8)(m) amended, (HB 12-1317), ch. 248, p. 1239, � 105, effective June 4. L. 2013: (6) amended, (HB 13-1300), ch. 316, p. 1710, � 141, effective August 7. L. 2016: IP(17)(a), IP(17)(a)(I), (17)(a)(II)(E), (17)(a)(II)(F), and (17)(b) amended and (17)(a)(I.5), (17)(a)(II)(G), (17)(a)(II)(H), (17)(a)(II)(I), (17)(a)(III), (17)(c), and (17)(d) added, (HB 16-1172), ch. 331, p. 1341, � 3, effective August 10. L. 2018: (4)(c) amended, (HB 18-1364), ch. 351, p. 2084, � 12, effective July 1; (5) amended, (HB 18-1138), ch. 88, p. 705, � 49, effective August 8. L. 2019: (17)(b.5) added and (17)(d) repealed, (SB 19-076), ch. 102, p. 369, � 3, effective April 12. L. 2020: (4)(b) repealed, (SB 20-136), ch. 70, p. 285, � 15, effective September 14. L. 2022: (1) amended, (SB 22-013), ch. 2, p. 88, � 119, effective February 25; (1) amended, (SB 22-162), ch. 469, p. 3431, � 218, effective August 10. L. 2023: (4)(c) amended, (HB 23-1296), ch. 269, p. 1602, � 14, effective May 25; (15)(d) amended, (SB 23-268), ch. 398, p. 2368, � 1, effective September 1. L. 2024: (8)(q.5) added, (SB 24-184), ch. 186, p. 1052, � 8, effective May 16. L. 2025: IP(15) amended and (15)(f) added, (SB 25-161), ch. 186, p. 820, � 5, effective May 13.
Editor's note: (1) This section is similar to former �� 43-1-103 and 43-1-105 as
they existed prior to 1991.
(2) Amendments to subsection (1) by SB 22-013 and SB 22-162 were
harmonized.
Cross references: (1) For the oath of civil officers prescribed by the state
constitution, see � 8 of art. XII, Colo. Const.; for rule-making procedures, see article 4 of title 24.
(2) For the legislative declaration contained in the 1996 act amending
subsection (15), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration contained in the 1999 act amending subsection (8)(e), see section 1 of chapter 338, Session Laws of Colorado 1999. For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018. For the legislative declaration in SB 19-076, see section 1 of chapter 102, Session Laws of Colorado 2019. For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020. For the legislative declaration in SB 24-184, see section 1 of chapter 186, Session Laws of Colorado 2024.
(3) For the short title (the Debbie Haskins 'Administrative Organization Act
of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 43-1-109
43-1-109. Chief engineer. (1) There is hereby created the office of chief engineer. The chief engineer shall be a licensed professional engineer with a minimum of ten years' responsible engineering experience, including management and organization in the field of highway engineering.
(2) The chief engineer shall be appointed by the executive director pursuant
to section 13 of article XII of the state constitution and shall be employed by the executive director of the department of transportation pursuant to the provisions of the constitution and laws of the state.
Source: L. 91: Entire part R&RE, p. 1030, � 1, effective July 1. L. 2004: (1)
amended, p. 1318, � 79, effective May 28.
Editor's note: This section is similar to former � 43-1-104 as it existed prior to
1991.
Cross references: For provisions concerning the registration of professional
engineers, see part 2 of article 120 of title 12.
C.R.S. § 43-1-110
43-1-110. Powers and duties of the chief engineer - hearings - rule-making. (1) The chief engineer is the director of the engineering, design, and construction division and has direct control and management of the functions of the division subject only to the direction and supervision of the executive director as prescribed in this part 1. The chief engineer shall attend all meetings of the commission and, except as otherwise provided by this part 1 or other law, the chief engineer shall perform all of the duties and exercise all of the powers vested by law in the engineering, design, and construction division, including the awarding, under the supervision of the executive director, of all contracts for the construction or maintenance of state highways and mass transportation projects. It is the duty of the chief engineer in the administration of the division to so organize the same that all employees of the division, so far as possible, are interchangeable in work assignment and may be shifted within the division to meet seasonal and emergency demands.
(2) Repealed.
(3) The chief engineer and the executive director are hereby authorized to
accept, on behalf of the state, any federal moneys made available for highway, railway, mass transit, and other public transportation purposes for which no regional or local subdivision of the state has operating authority; except that, if an intergovernmental agreement between the Denver regional transportation district and the department concerning the southeast corridor intermodal transportation project is not signed by October 15, 1999, then the chief engineer and the executive director are authorized to accept, on behalf of the state, any federal transit funds made available.
(4) The executive director or the chief engineer shall represent the
department in negotiations with local governmental entities concerning intergovernmental agreements between the department and such local governmental entities to implement the provisions of this article. No such intergovernmental agreement involving more than seven hundred fifty thousand dollars shall become effective without the approval of the commission.
Source: L. 91: Entire part R&RE, p. 1030, � 1, effective July 1. L. 99: (3)
amended, p. 543, � 1, effective May 5. L. 2015: (1) amended and (2) repealed, (HB 15-1209), ch. 64, p. 175, � 5, effective March 30.
Editor's note: This section is similar to former � 43-1-106 as it existed prior to
1991.
C.R.S. § 43-1-111
43-1-111. Engineer to acquire property. On behalf of the department of transportation, the chief engineer has the authority to take and hold and to contract to take and hold title to real property, or any interest therein, in the name of the department of transportation, whether such real property or interest is used, or intended to be used, for right-of-way or maintenance purposes or for any other purpose authorized by law.
Source: L. 91: Entire part R&RE, p. 1032, � 1, effective July 1.
Editor's note: This section is similar to former � 43-1-107 as it existed prior to
1991.
C.R.S. § 43-1-112
43-1-112. Legal services. (1) The attorney general shall provide legal services for the department of transportation, including the commission.
(2) The executive director shall cause the attorney general to bring and
prosecute for and defend on behalf of and in the name of the department, or any of its divisions, suits and proceedings:
(a) To acquire rights-of-way and other property for the department as
provided by law for transportation purposes;
(b) To recover damages for negligence resulting in injury to property of the
department as provided in subsection (3) of this section, but such damages shall be diminished in proportion to the amount of negligence, if any, attributable to the department;
(c) To enforce or recover damages for the breach of contracts entered into
by the department;
(d) To quiet title to or to recover real or personal property or any interest or
right therein;
(e) For any other purpose necessary and proper for carrying out the
functions of the department.
(3) To recover damages to property of the department pursuant to
paragraph (b) of subsection (2) of this section, the department shall send by first-class mail a written bill for the damage to any person causing such damage. If the person disputes liability for the damage or the amount of the bill, the person may file within twenty days of receipt of the bill an appeal with the department's chief engineer in charge of operations and maintenance in accordance with the provisions of section 24-4-105, C.R.S. The bill shall provide notice of the right to appeal.
Source: L. 91: Entire part R&RE, p. 1032, � 1, effective July 1. L. 95: (2)(b)
amended and (3) added, p. 1301, � 3, effective June 5.
Editor's note: This section is similar to former � 43-1-108 as it existed prior to
1991.
C.R.S. § 43-1-113
43-1-113. Funds - budgets - fiscal year - reports and publications. (1) All funds and moneys to the credit of the department of transportation shall be expended under the supervision and direction of the commission within the total expenditures prescribed by the general assembly for the fiscal year pursuant to section 43-1-112.5; except that moneys in the aviation fund shall be expended pursuant to the provisions of article 10 of this title.
(2) Annually on or before December 15, the commission shall adopt and the
department of transportation shall submit to the joint budget committee, the house transportation and energy committee, the senate transportation committee, and the governor a proposed budget allocation plan for moneys subject to its jurisdiction for the fiscal year beginning on July 1 of the succeeding year. The plan shall be submitted in a format determined by the joint budget committee and shall include, but not be limited to, the following information:
(a) Estimates of all available revenues displayed by source of moneys,
including any carry forward balances anticipated and any restrictions on any available moneys;
(b) All interest and debt redemption charges during the fiscal year;
(c) Allocation of spending, by the following categories of expenditure:
(I) Maintenance of the state highway system;
(II) Construction projects on the state highway system, including capacity
increases;
(III) Administration, which is deemed to include salaries and expenses of the
following offices and their staffs: Commission, executive director, chief engineer, district engineers, budget, internal audits, public relations, equal employment, special activities, accounting, administrative services, building operations, management systems, personnel, procurement, insurance, legal, and central data processing;
(IV) Other departmental staff which are allocated to maintenance or
construction costs on the state highway system and the basis for such allocation;
(V) Repealed.
(VI) (A) Estimated statewide indirect cost recoveries of state agencies
payable from the state highway fund as required by subsection (8) of this section.
(B) Repealed.
(VII) Any land acquisitions pursuant to maintenance or construction projects,
including land acquisitions which may be accomplished by eminent domain;
(VIII) All construction and maintenance projects, grouped by priority order
according to both transportation commission district and statewide priority;
(d) A summary of allocation of spending for the current fiscal year indicating
expenditures which are different from recommended changes made to the proposed budget allocation plan by the joint budget committee, the house transportation and energy committee, and the senate transportation committee in their responses to such plan for the current fiscal year;
(e) A procedure for dealing with emergencies and contingencies unforeseen
at the time of the preparation of the plan and an enumeration of other spending which could be reduced in order to deal with such emergencies or contingencies.
(2.5) Annually on or before October 1, the commission shall submit a request
for state highway reconstruction, repair, or maintenance projects to the capital development committee to be funded from money transferred to the capital construction fund pursuant to section 24-75-302 (2), C.R.S. Such request must be made in accordance with section 2-3-1304 (1)(a.5), C.R.S.
(3) (a) For the fiscal year 1993-94 and for each fiscal year thereafter,
appropriations made by the general assembly to the department of transportation for administrative expenditures, which are listed in subparagraph (III) of paragraph (c) of subsection (2) of this section, shall be set forth in a single line item as a total sum, and such expenditures shall not be identified by project, program, or district.
(b) The provisions of this subsection (3) shall not apply to the aeronautics
division.
(4) (Deleted by amendment, L. 2007, p. 593, � 1, effective August 3, 2007.)
(5) Repealed.
(6) (a) The amount budgeted for administration in no case shall exceed five
percent of the total budget allocation plan. In addition to any other requirements, the budget allocation plan shall include a general state transportation budget summary setting forth the aggregate figures of the budget in such manner as to show the balanced relations between the total proposed expenditures and total anticipated revenues, together with the other means of financing the budget for the ensuing fiscal year compiled with corresponding figures for the last completed fiscal year and the fiscal year in progress. It shall also include the statements of the bonded indebtedness of the department of transportation showing the debt redemption requirements, the debt authorized and unissued, and the contents of the sinking funds. As an addendum to the budget allocation plan, there shall be published a complete list of all projects budgeted in prior years which have not been deleted or progressed to completion, including all funds carried over from the budget of previous years, whether resulting from construction or operation for less than the budgeted figure or from incomplete or deleted projects.
(b) Repealed.
(7) Repealed.
(8) (a) The department, out of moneys in the state highway fund budgeted
therefor by the transportation commission and within the total expenditures prescribed by the general assembly for the fiscal year pursuant to section 43-1-112.5, shall reimburse other agencies of state government for the costs incurred by such state agencies in providing necessary services in support of the department and the administration of the highway funds of the state. Such state agencies include, but are not necessarily limited to, the office of the state controller in the department of personnel, the office of state planning and budgeting, the department of personnel, the department of revenue, and the department of the treasury. For any fiscal year, the amount paid to any such state agency shall be the amount indicated in the general appropriation act as the recovery of indirect costs by such state agency out of the state highway fund. The amount so indicated in the general appropriation act for the recovery of indirect costs by any state agency pursuant to this subsection (8) may exceed the actual indirect cost incurred by such agency, but the total of all such statewide indirect cost recoveries indicated in the general appropriation act shall not exceed the total indirect costs reasonably expected to be incurred by all state agencies in providing necessary services in support of the department and the administration of the highway funds of the state. Payments made pursuant to this subsection (8) shall not be subject to the limitations on appropriations and statutory distributions from the highway users tax fund contained in section 43-4-201 (3).
(b) Repealed.
(9) (a) The house transportation and energy committee and the senate
transportation committee shall hold a joint meeting, including the opportunity for a public hearing, for the purpose of review and comment on the proposed budget allocation plan. No later than March 15 of each year, the official response of the house transportation and energy committee and the senate transportation committee to the proposed budget allocation plan, along with any recommended changes to such plan, shall be transmitted to the commission. The joint budget committee may also, by said March 15, transmit to the commission its response to the proposed budget allocation plan. The staff of the joint budget committee shall be available to assist the house transportation and energy committee and the senate transportation committee in their joint review of the proposed budget allocation plan. Nothing contained in this paragraph (a) shall be construed to affect the general powers and duties of the joint budget committee relating to its review of the executive budget and the budget requests of state agencies, including the department of transportation, under section 2-3-203, C.R.S.
(b) Repealed.
(c) (I) No later than April 15 of each year, the commission shall adopt a final
budget allocation plan which shall, upon approval of the governor, constitute the budget for the department for the ensuing fiscal year and which shall comply with the total revenues and expenditures prescribed by the general assembly for such fiscal year pursuant to section 43-1-112.5. Concurrent with submission of the final budget allocation plan to the governor, the commission shall submit in writing to the general assembly its responses to the recommendations of the joint budget committee, the house transportation and energy committee, and the senate transportation committee, or any successor committees. The final budget allocation plan may include some or all of the changes recommended by such committees, but no other changes from the proposed budget allocation plan may be made; except that the commission shall ensure that the final budget allocation plan is within the total revenues and expenditures prescribed by the general assembly pursuant to section 43-1-112.5, and the commission may adopt, consistent with said prescribed amounts, amendments reflecting increases or decreases in revenue or expenditures not anticipated at the time of adoption of the proposed budget allocation plan, amendments increasing or decreasing expenditures as a result of emergencies or contingencies unforeseen at the time of the preparation of the proposed budget allocation plan, and amendments reflecting changes in the amounts indicated in the general appropriation act as statewide indirect cost recoveries payable from the state highway fund as provided in subsection (8) of this section.
(II) This paragraph (c) is effective July 1, 1992.
(10) The department shall report monthly to the commission within fifteen
days after the close of each month the expenditures made from each budget category and the unexpended and unencumbered balance of each budget subcategory and shall make the report publicly available on its website. The department shall also submit a monthly report of financial information to the controller no later than fifteen days after the close of each month. The report must include sufficient financial information for the controller to complete a review of legal overexpenditures, any deficit fund balances, and a budget-to-actual report for all budget lines within the annual general appropriations act as well as any additional information that is deemed reasonable and necessary by the controller.
(11) Repealed.
(12) (a) No expenditure shall be made from the state highway funds in excess
of the amount prescribed by the general assembly pursuant to section 43-1-112.5 and the amount proposed by the final budget allocation plan or amendments thereto adopted pursuant to paragraph (c) of subsection (9) of this section. It is the duty of the controller to disapprove any such expenditures when the reports reflect such excessive expenditures in relation to the amount prescribed by the general assembly pursuant to section 43-1-112.5 and the proposed final budget allocation plan or amendments thereto adopted pursuant to paragraph (c) of subsection (9) of this section.
(b) This subsection (12) is effective July 1, 1992.
(13) The commission shall have no power to adopt a budget allocation plan
which diverts federal funds designated for other projects to any beltway within the Denver metropolitan region constructed by a public highway authority pursuant to part 5 of article 4 of this title.
(14) (a) Except as provided in paragraph (b) of this subsection (14), the fiscal
year of the department of transportation shall commence on July 1 and end on June 30 of each year. The annual final budget allocation plan is to be adopted by the commission on or before April 15 of each year for the ensuing fiscal year, except for that portion of the budget for construction projects which shall be prepared as soon as practicable but not later than sixty days after receipt of notification of federal highway fund apportionments for the ensuing federal fiscal year.
(b) The fiscal year for the department of transportation for the purpose of
highway construction projects shall be a calendar year.
(15) In any highway construction project involving an expenditure not
exceeding five million dollars of state funds in any one fiscal year, the department of transportation, under the supervision and direction of the transportation commission, is authorized to enter into a single contract or agreement for such project and to finance same by revenue from more than one fiscal period. Any such project shall be budgeted by providing the required funds from future as well as current fiscal periods, and the anticipated revenues from future fiscal periods shall be shown in the final budget allocation plan for the first fiscal period in which the project appears, together with the anticipated necessary expenditures for future fiscal periods. Commitment on any such contract shall have priority for payment in the future fiscal periods after payment of such commitments as are now provided by law and after the payment of fixed expenditures for maintenance, administration, and other nonconstruction items.
(16) (a) If there are fewer than three bidders on a design bid build highway
project, no award shall be made if the award is more than ten percent over the estimate of the department of transportation on the project; except that, if the estimate of the department on the project is less than one million dollars and there are fewer than three bidders, the executive director or the executive director's designee may make an award of more than ten percent, but less than twenty-five percent, over the estimate of the department to the low responsible bidder, as defined in section 24-101-301 (23).
(b) Repealed.
(c) (I) Notwithstanding the limitations set forth in subsection (16)(a) of this
section, the executive director may make an award to the low responsible bidder regardless of the estimate of the department if the executive director determines in writing that it is in the best financial, economic, or other interest of the state to do so. The written determination must be included in the contract file and made publicly available by posting on the department's website.
(II) In its annual presentation to the joint committees of reference of the
general assembly that have jurisdiction over transportation required by section 2-7-203, the department shall identify each project for which the executive director made an award pursuant to subsection (16)(c)(I) of this section and shall explain the reasons for making the award and estimate the amount of cost savings achieved by making the award.
(III) The department shall prominently post on the home page of its website
either a list of each state transportation project, regardless of the size of the project or the method of contract procurement that the department is using for the project, for which the department is seeking a contractor or a link to another page on its website that includes such a prominently posted list.
(17) In the event that geotechnical testing or materials testing is required for
any state highway project, the department of transportation may submit a request for proposals to the private sector for the completion of such testing. Such private sector individuals shall be certified by the department of transportation.
(18) Repealed.
(19) (a) Any payments for transportation revenue anticipation notes issued to
finance any qualified federal aid transportation project and any costs associated with the issuance and administration of such notes shall be subject to annual allocation by the commission, in its sole discretion, in accordance with part 7 of article 4 of this title.
(b) Federal transportation funds, as defined in section 43-4-702 (4), that are
paid to the state shall be allocated and used to reimburse the state highway fund, the state highway supplementary fund, or both, for any moneys in said fund or funds used to pay transportation revenue anticipation notes or any costs associated with the issuance and administration of such notes in accordance with section 43-4-705 (2)(c)(II).
Source: L. 91: Entire part R&RE, p. 1032, � 1, effective July 1. L. 93: (1), (3)(a),
(8)(a), (9)(c)(I), and (12)(a) amended, p. 1513, � 16, effective June 6. L. 94: (12)(a) amended, p. 1647, � 86, effective May 31. L. 95: (2.5) and (18) added, p. 1297, � 5, effective June 5; (8)(a) amended, p. 667, � 109, effective July 1. L. 99: (19) added, p. 1119, � 3, effective June 2; (16) amended, p. 598, � 1, effective August 4. L. 2004: (18) repealed, p. 219, � 44, effective August 4. L. 2005: (2)(c)(VI)(B), (6)(b), and (8)(b) repealed, p. 290, � 43, effective August 8. L. 2007: (4) and (9)(c)(I) amended, p. 593, � 1, effective August 3. L. 2009: (16) amended, (SB 09-297), ch. 285, p. 1298, � 4, effective May 20. L. 2010: (8)(a) amended, (HB 10-1181), ch. 351, p. 1631, � 32, effective June 7. L. 2014: (2.5) amended, (HB 14-1387), ch. 378, p. 1853, � 67, effective June 6. L. 2015: (16) amended, (HB 15-1046), ch. 88, p. 255, � 2, effective April 8. L. 2017: (16)(a) amended, (HB 17-1051), ch. 99, p. 353, � 73, effective August 9. L. 2018: (16)(a) amended, (HB 18-1375), ch. 274, p. 1724, � 89, effective May 29; (16)(a) and (16)(c) amended, (SB 18-268), ch. 295, p. 1805, � 1, effective May 29. L. 2021: (10) amended, (HB 21-1066), ch. 105, p. 421, � 1, effective September 7.
Editor's note: (1) This section is similar to former � 43-1-111 as it existed prior
to 1991.
(2) Subsection (2)(c)(V)(B) provided for the repeal of subsection (2)(c)(V),
subsection (5)(b) provided for the repeal of subsection (5), subsection (7)(b) provided for the repeal of subsection (7), subsection (9)(b)(II) provided for the repeal of subsection (9)(b), and subsection (11)(b) provided for the repeal of subsection (11), effective July 1, 1992. (See L. 91, p. 1032.)
(3) Subsection (16)(b)(II) provided for the repeal of subsection (16)(b),
effective July 1, 2013. (See L. 2009, p. 1298.)
(4) Amendments to subsection (16)(a) by SB 18-268 and HB 18-1375 were
harmonized.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014; for the legislative declaration in HB 15-1046, see section 1 of chapter 88, Session Laws of Colorado 2015.
C.R.S. § 43-1-113.5
43-1-113.5. Creation and administration of transportation infrastructure revolving fund. (1) There is hereby created in the state treasury the transportation infrastructure revolving fund, referred to in this section as the revolving fund, which shall be maintained and administered by the executive director. The revolving fund shall consist of federal, state, or private grants and all moneys that may be transferred or appropriated thereto by the general assembly or that may otherwise be made available to the fund pursuant to law. All interest or other return on the investment of moneys in the revolving fund and all payments of principal and interest credited to the revolving fund as repayment of loans and other financial assistance provided from the revolving fund pursuant to this section shall be credited to the revolving fund. The state treasurer shall be authorized to invest moneys in the revolving fund in such manner as allowed by law so long as such moneys are not needed for the purpose of the revolving fund. Moneys in the revolving fund are continuously appropriated to the department for the purposes set forth in this section. Any moneys credited to the revolving fund shall remain in the revolving fund and shall not revert to the general fund at the end of any given fiscal year.
(1.5) Notwithstanding any provision of subsection (1) of this section to the
contrary, on April 20, 2009, the state treasurer shall deduct three million dollars from the revolving fund and transfer such sum to the general fund.
(2) The revolving fund shall include a highway account, a transit account, an
aviation account, and a rail account. The general assembly shall, by appropriation, determine how state general fund moneys in the revolving fund shall be allocated to the highway account.
(3) The commission shall adopt rules in accordance with the State
Administrative Procedure Act regarding:
(a) The eligibility requirements for financial assistance from the revolving
fund;
(b) The disbursement of revolving fund moneys;
(c) The interest rates to be charged on loans made from the revolving fund;
and
(d) The repayment of loans made from the revolving fund.
(4) Subject to the provisions of section 18 of article X of the state
constitution, moneys in the revolving fund may be used for the following purposes:
(a) To provide assistance to public and private entities for the acquisition,
improvement, or construction of highways, multimodal transportation, and intermodal transportation facilities in the state. Such assistance includes, but is not limited to, the making of loans and other forms of financial assistance for qualified projects.
(b) To pay the costs incurred by the state treasurer and the department in
the performance of duties pursuant to this section; and
(c) Any other purpose consistent with the provisions of this section.
(5) Except as otherwise provided in subsection (6) of this section, qualified
project means:
(a) Any public or private transportation project as authorized by the
commission, including, but not limited to, planning, environmental impact studies, feasibility studies, engineering, construction, reconstruction, resurfacing, restoring, rehabilitation, or replacement of a public or private transportation facility within the state;
(b) The acquisition of real or personal property, or interests therein, for a
public or private transportation facility within the state;
(c) Any highway, transit, aviation, rail, or other transportation project within
the state that is eligible for financing or financial assistance under state or federal law;
(d) The maintenance, repair, improvement, or construction of any public or
private highway, road, street, parkway, transit, aviation, or rail project within the state; and
(e) The acquisition, improvement, or construction of rights-of-way, bridges,
tunnels, railroad-highway crossings, drainage structures, signs, guardrails, or protective structures within this state.
(6) The term qualified project shall not include transportation facilities and
other transportation projects that are restricted to private use.
(7) In addition to requiring interest to be paid on loans made from the
revolving fund, the executive director may charge to and collect from public and private entities receiving assistance from the revolving fund fees and charges sufficient to reimburse the department for reasonable expenses incurred in processing and reviewing applications and in recommending loans and financial assistance pursuant to the provisions of this section.
(8) (a) If a recipient of financial assistance from the revolving fund fails to
meet any of the terms or conditions of the loan or other form of assistance, the department may bring a right of action through the state attorney general pursuant to section 43-1-112 against such recipient in district court to seek any applicable legal or equitable remedy, including reasonable attorneys fees.
(b) Except as otherwise provided in paragraph (c) of this subsection (8), in
addition to the remedies provided under paragraph (a) of this subsection (8), if the recipient is a municipality or county and such recipient defaults on the repayment of any loan made from the revolving fund, the department may withhold funds that it would otherwise disburse to the recipient. In no event shall the amount withheld exceed the amount that a recipient owes to the revolving fund. Funds withheld from a defaulting recipient shall be deposited in the account of the revolving fund from which the recipient received financial assistance and credited towards the amount due to such fund from the recipient.
(c) For purposes of paragraph (b) of this subsection (8), the department may
only withhold funds it would otherwise disburse to a municipality or county from the highway users tax fund if such municipality or county defaults on the repayment of a loan made from the revolving fund for the construction, maintenance, or supervision of a public highway in this state.
Source: L. 98: Entire section added, p. 1099, � 20, effective June 1. L. 2009:
(1.5) added, (SB 09-208), ch. 149, p. 628, � 35, effective April 20.
Cross references: For the State Administrative Procedure Act, see article 4
of title 24.
C.R.S. § 43-1-114
43-1-114. Highway maintenance division - creation. (1) There is hereby created a highway maintenance division in the department of transportation. The executive director shall appoint the director of the division, and either the executive director, the director of the division, or another designee of the executive director shall appoint other necessary staff of the division in accordance with the provisions of section 13 of article XII of the state constitution.
(2) The highway maintenance division and the director of the division are
type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department and the executive director.
(3) Whenever the chief engineer is authorized to enter into contracts or
agreements, the contracts or agreements must be executed in the name of the department of transportation, state of Colorado, by the chief engineer, or his or her designee. Whenever the chief engineer is authorized to acquire or convey real or personal property, title thereto must be acquired or conveyed in the name of the department of transportation, state of Colorado, and all such conveyances must be executed by the chief engineer, or his or her designee. All suits or proceedings brought by or against the chief engineer must be in the name of the department of transportation, state of Colorado.
(4) It is the duty of the director of the highway maintenance division, in the
administration of the division, to organize the division so that all division employees so far as possible, are interchangeable in work assignment and may be shifted within the division to meet seasonal and emergency demands.
Source: L. 91: Entire part R&RE, p. 1039, � 1, effective July 1. L. 2015: Entire
section amended, (HB 15-1209), ch. 64, p. 175, � 6, effective March 30. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3431, � 219, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 43-1-116
43-1-116. Engineering, design, and construction division - created - duties - environmental justice and equity branch. (1) There is hereby created, in the department of transportation, the engineering, design, and construction division, the head of which shall be the chief engineer.
(2) The engineering, design, and construction division and the office of the
chief engineer are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of transportation and the executive director.
(3) The engineering, design, and construction division shall be responsible
for all engineering, design, and construction operations of the department.
(4) The department shall update the bidding rules regarding prequalification
requirements, including the contract amounts for which a bidder is required to submit an audited financial statement reviewed by a certified public accountant. In addition, the chief engineer shall develop a policy regarding how previous relevant experience and the bonding capacity of a contractor will be considered when evaluating proposals and bids submitted for public projects.
(5) The environmental justice and equity branch is created in the
engineering, design, and construction division. The function of the environmental justice and equity branch is to work directly with disproportionately impacted communities, as well as with other department programs, in the project planning, environmental study, and project delivery phases of transportation capacity projects. The environmental justice and equity branch shall identify and address technological, language, and information barriers that may prevent disproportionately impacted communities from participating fully in transportation decisions that affect health, quality of life, and access for disadvantaged and minority businesses in project delivery.
Source: L. 91: Entire part R&RE, p. 1041, � 1, effective July 1. L. 2017: (4)
added, (SB 17-211), ch. 373, p. 1936, � 1, effective August 9. L. 2021: (5) added, (SB 21-260), ch. 250, p. 1412, � 28, effective June 17. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3431, � 220, effective August 10.
Cross references: (1) For the legislative declaration in SB 21-260, see section
1 of chapter 250, Session Laws of Colorado 2021.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act
of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 43-1-118
43-1-118. Employees - duties. All employees of the department not otherwise provided for in this part 1 shall be employed and shall serve pursuant to the constitution and laws of the state. They shall have such powers and shall perform such duties as may be assigned to them by the chief engineer, by the executive director, or by the director of their respective divisions.
Source: L. 91: Entire part R&RE, p. 1041, � 1, effective July 1.
Editor's note: This section is similar to former � 43-1-109 as it existed prior to
1991.
C.R.S. § 43-1-1201
43-1-1201. Definitions. As used in this part 12, unless the context otherwise requires:
(1) Private contribution means the supply by a private entity of resources to
accomplish all or any part of the work on a transportation system project, including funds, financing, income, revenue, cost sharing, technology, staff, equipment, expertise, data, or engineering, construction, or maintenance services.
(2) Public benefit means a department grant of a right or interest in or
concerning a transportation system project, including:
(a) A lease or easement in, under, or above a state highway right-of-way,
notwithstanding section 43-1-210;
(b) Any use of state highway right-of-way that does not impair highway
operation or safety, notwithstanding section 43-3-101 (3);
(c) All or part of any revenue or income resulting from the private use of a
state highway right-of-way;
(d) A money payment for services from available funds; and
(e) Any other benefit that is specifically authorized by law.
(3) Public-private initiative means a nontraditional arrangement between
the department and one or more private or public entities that provides for:
(a) Acceptance of a private contribution to a transportation system project or
service in exchange for a public benefit concerning that project or service other than only a money payment;
(b) Sharing of resources and the means of providing transportation system
projects or services; or
(c) Cooperation in researching, developing, and implementing transportation
system projects or services.
(4) Retail goods and services means all goods and services sold to the
public other than communications services.
(5) Transportation system means the state transportation infrastructure
and related systems, including highways and toll roads open to the public and associated rights-of-way, bridges, vehicles, equipment, park and ride lots, transit stations, transportation management systems, intelligent vehicle highway systems, and other ground transportation systems.
(6) Unsolicited proposal means a written proposal for a public-private
initiative that is submitted by a private entity for the purpose of entering into an agreement with the department but that is not in response to a formal solicitation or request issued by the department.
Source: L. 95: Entire part added, p. 255, � 2, effective April 17. L. 2006: (5)
amended, p. 239, � 2, effective March 31.
C.R.S. § 43-1-125
43-1-125. Motor vehicles used for commercial purposes - stakeholder group - reporting - rules - legislative declaration - definition. (1) The general assembly hereby finds and declares that:
(a) The way in which Coloradans travel is rapidly changing, and the adoption
of new technologies impacts both the manner in which people travel and the number of vehicles on Colorado roads, presents opportunities for increased efficiency, and requires thorough review;
(b) The state must adapt to these changes by encouraging them to the
extent that they benefit the environment and facilitate the effective movement of people while being proactive in addressing any negative impacts. Specifically, the state must:
(I) Ensure ongoing funding for the transportation infrastructure needed to
support the changes, including the infrastructure needed to support the adoption of new transportation technologies including zero-emissions vehicles; and
(II) Reduce and mitigate the impact on the environment and the
transportation system resulting from the increasing commercial use of personal vehicles for the purposes of ride sharing provided through transportation network companies, as defined in section 40-10.1-602 (3), and car sharing and personal and fleet vehicles for certain other commercial purposes by incentivizing ameliorative practices such as the adoption of zero-emissions vehicles for such commercial use, multiple passenger ride sharing, and the use of ride sharing as a first- and last-mile solution for users of public transit.
(2) The general assembly further finds and declares that it is necessary,
appropriate, and in the best interest of the state to:
(a) Require the department to convene, engage in robust consultation with,
and strongly consider the formal policy recommendations of a stakeholder group comprised of representatives of potentially affected industries, workers, governmental entities, planning organizations, and interest groups for the purposes of:
(I) Examining the economic, environmental, and transportation system
impacts of the adoption of new and emerging technologies and transportation business models;
(II) Receiving information and recommendations from the freight advisory
council regarding current and evolving practices related to the residential delivery of goods; and
(III) Recommending to the department:
(A) Means of addressing the impacts that increase positive impacts and
mitigate negative impacts; and
(B) Whether fees should be levied upon the use of motor vehicles used for
commercial purposes.
(b) Repealed.
(3) (a) As used in this section, unless the context otherwise requires, motor
vehicle used for commercial purposes means a motor vehicle that is used to provide passenger transportation services purchased through a transportation network company, as defined in section 40-10.1-602 (3), a peer-to-peer car sharing company, a car sharing company that does not use a peer-to-peer business model, or a company that provides taxicab service, as defined in section 40-10.1-101 (19); a motor vehicle that is rented out by a rental car company; and a motor vehicle that is used for residential delivery of goods.
(b) Motor vehicle used for commercial purposes does not include:
(I) A motor vehicle used to deliver goods that is used only to deliver goods:
(A) To addresses other than residences; or
(B) That are delivered as freight;
(II) A motor vehicle that has a gross vehicle weight rating of more than
fourteen thousand pounds; or
(III) A motor vehicle that is operated for the purpose of transporting
passengers:
(A) Under a contract with the regional transportation district created in
section 32-9-105, a regional transportation authority created pursuant to part 6 of article 4 of this title 43, or any other governmental or public entity; or
(B) By a common carrier, as defined in section 40-1-102 (3), except as
otherwise provided in subsection (3)(a) of this section.
(4) The department shall convene and engage in robust consultation with a
stakeholder group consisting of:
(a) The following state government employees:
(I) An employee of the department who is not an employee of the high-performance transportation enterprise created in section 43-4-806 (2)(a)(I);
(II) An employee of the Colorado energy office created in section 24-38.5-101 (1);
(III) An employee of the department of revenue; and
(IV) The chief of the Colorado state patrol or the chief's designee;
(b) The following representatives of state and local governments and
transportation planning entities:
(I) A representative of a statewide organization that represents the interests
of counties;
(II) A representative of a statewide organization that represents the interests
of municipalities;
(III) A representative of metropolitan planning organizations, as defined in
section 43-1-1102 (4); and
(IV) A representative of rural transportation planning organizations;
(c) Representatives of the following types of businesses:
(I) Two representatives of transportation network companies, as defined in
section 40-10.1-602 (3);
(II) A representative of a business that has expertise regarding the
technology and processes required to develop, implement, and administer a road usage charge program;
(III) A representative of certificated taxi carriers;
(IV) A representative of a rental car company;
(V) A representative of a business that is a peer-to-peer car sharing program;
(VI) A representative of a car sharing network company that does not use a
peer-to-peer car sharing business model;
(VII) A representative of the freight advisory council;
(VIII) A representative of the contracting industry that works on or
represents businesses that work on transportation infrastructure projects;
(IX) A representative of the engineering industry;
(X) A representative of businesses that provide package delivery services to
end users of the goods in the packages for other businesses;
(XI) A representative of businesses that hire drivers to use their personal
motor vehicles to deliver their own goods to end users of the goods;
(XII) A representative of towing and recovery professionals of Colorado;
(XIII) A representative of autonomous vehicle manufacturers; and
(XIV) A representative of autonomous vehicle technology companies;
(d) A labor representative;
(e) A representative of persons with disabilities;
(f) A representative of persons who advocate for the protection of the
environment;
(g) A transportation network company driver, as defined in section 40-10.1-602 (4); and
(h) Any other individuals who the department deems necessary or
appropriate to include in the stakeholder group.
(5) The stakeholder group convened as required by subsection (4) of this
section shall:
(a) Examine the economic, environmental, and transportation system
impacts of the adoption of new and emerging transportation technologies and business models and identify potential means of addressing the impacts that increase positive impacts and mitigate negative impacts. Neither the department nor the stakeholder group shall obtain or examine any personal or private information concerning users of ride sharing services as part of the examination. The examination shall include, at a minimum:
(I) Quantification of the amount of carbon emissions that can be eliminated
through different means of incentivizing and supporting the use of zero-emissions vehicles as motor vehicles used for commercial purposes;
(II) Examination of the effects of different means of incentivizing multiple
occupant trips in motor vehicles used for commercial purposes;
(III) Identification of the additional or improved transportation infrastructure,
including multimodal infrastructure and infrastructure needed to support the adoption and use of zero-emissions vehicles, that is required to accommodate the impacts on transportation infrastructure resulting from utilization of motor vehicles used for commercial purposes;
(IV) Examination of repealing the requirement of section 40-10.1-605
(1)(d)(IV) that a transportation network company, as defined in section 40-10.1-602 (3), possess proof that a transportation network company driver, as defined in section 40-10.1-602 (4), is medically fit to drive; and
(V) Assessment of the costs of implementing identified potential means of
addressing the impacts.
(b) Present to the department no later than November 1, 2019, a report of
policy recommendations regarding the impacts examined as required by subsection (5)(a) of this section and means of addressing those impacts with funding from the imposition of fees on the use of motor vehicles used for commercial purposes. The report must, at a minimum:
(I) Identify potential fees to:
(A) Generate sufficient revenue for the state and local governments to
mitigate the impacts to the transportation system resulting from the increasing use of motor vehicles used for commercial purposes, fund needed transportation infrastructure, including multimodal infrastructure and the infrastructure needed to support the adoption of zero-emissions vehicles, and defray the administrative costs of fee collection;
(B) Incentivize the adoption of zero-emissions vehicles for utilization as
motor vehicles used for commercial purposes; and
(C) Incentivize multiple passenger ride sharing for motor vehicles used for
commercial purposes and the use of such vehicles as a first- and last-mile solution for public transit users;
(II) Subject to the requirement that fees be imposed only on business entities
and not upon individuals using motor vehicles that are owned primarily as personal vehicles but are also used for commercial purposes, provide recommendations as to whether fees should be imposed on such motor vehicles used for commercial purposes;
(III) Provide recommendations regarding the manner in which fees should be
calculated and imposed, including but not limited to analysis of whether fees should be:
(A) Flat or variable;
(B) Calculated and imposed on a per trip basis, a mileage basis, or a
combination of such bases, or in some other manner;
(C) Imposed at different rates on different classes of motor vehicles;
(D) Imposed at different rates in different locations, at different times of day,
or based on real-time analysis of traffic congestion;
(E) Waived or reduced for trips for which a motor vehicle used for
commercial purposes is used as a first- and last-mile solution for users of public transit; or
(F) Capped at one or more specified maximum amounts; and
(IV) Provide recommendations regarding the rate or rates at which or the
range or ranges of rates within which fees should be imposed.
(6) The department shall report on the progress and policy recommendations
of the stakeholder group, the preliminary plans and recommendations of the department regarding the development and promulgation of rules as required by subsection (7)(a) of this section, and any recommendations that the department has regarding the need for related legislation during its 2019 annual presentation to legislative oversight committees required by section 2-7-203 (2)(a). In preparation for the presentation, the department shall give strong consideration to the policy recommendations report provided by the stakeholder group as required by subsection (5)(b) of this section.
(7) Repealed.
(8) Nothing in this section shall supplant the activities or work being
conducted by the freight advisory council.
Source: L. 2019: Entire section added, (SB 19-239), ch. 387, p. 3448, � 1,
effective May 31. L. 2020: (2)(b) and (7) repealed, (HB 20-1376), ch. 207, p. 1016, � 4, effective June 30.
Cross references: For information about the freight advisory council, see
https://www.codot.gov/programs/planning/planning-partners/fac.
C.R.S. § 43-1-137
43-1-137. Vulnerable road user fatality reduction targets - requirements. (1) As part of its effort to reduce fatalities for vulnerable road users, as defined in section 43-4-803 (29), the department shall establish declining annual targets for vulnerable road user fatalities and serious bodily injuries as part of its performance plan required by section 2-7-204 (3).
(2) As part of the targets established in subsection (1) of this section, the
department shall establish engineering methodology and internal education requirements for practices to prioritize safety over speed on high-injury networks.
Source: L. 2024: Entire section added, (SB 24-195), ch. 432, p. 3031, � 2,
effective June 5.
C.R.S. § 43-1-1402
43-1-1402. Definitions. As used in this part 14, unless the context otherwise requires:
(1) Adjusted score design-build contract process means a process to award
contracts based on the lowest adjusted score of proposals submitted to the department.
(2) Best value means the overall maximum value of a proposal to the
department after considering all of the evaluation factors described in the specifications for the transportation project or the request for proposals, including but not limited to the project schedule, innovative solutions, increased scope, improved quality, aesthetics, sustainability, environmental impact, resilience, initial cost, and long-term life-cycle cost of the transportation project.
(3) Design-build contract means the procurement of both the design and
the construction of a transportation project in a single contract with a single design-build firm or a combination of such firms that are capable of providing the necessary design and construction services. A design-build contract may also include in the contract the procurement of the financing, operation, or maintenance of the project.
(4) Design-build firm means any company, firm, partnership, corporation,
association, joint venture, or other entity permitted by law to practice engineering, architecture, or construction contracting in the state of Colorado.
(4.5) Force majeure means fire, explosion, action of the elements, strike,
interruption of transportation, rationing, shortage of labor, equipment, or materials, court action, illegality, unusually severe weather, act of God, act of war, or any other cause that is beyond the control of the party performing work on a design-build transportation or utility relocation project and that could not have been prevented by the party while exercising reasonable diligence.
(4.7) Project specific utility relocation agreement means an agreement
entered into by the department and a utility company for the purpose of performing utility relocation work necessitated by a design-build transportation project. The agreement may incorporate reasonable and appropriate conditions, including, but not limited to, conditions for ensuring:
(a) The prompt performance of utility relocation work by either the utility
company or the contractor for the design-build transportation project, as specified in the agreement;
(b) The cooperation of the utility company with the contractor for the design-build transportation project;
(c) The timely repayment of any funds advanced to the utility company for
the relocation construction, including interest based on the costs incurred by the department for advancing the funds; and
(d) The payment by the utility company of any damages caused by the
company's delay in the performance of the relocation work or interference with the performance of the project by any other contractor, except when such delay or interference is caused by a force majeure.
(5) Transportation project means any project that the department is
authorized by law to undertake including but not limited to a highway, tollway, bridge, mass transit, intelligent transportation system, traffic management, traveler information services, or any other project for transportation purposes.
(6) Utility company or utility shall have the same meaning as set forth in
23 CFR 645.105.
Source: L. 99: Entire part added, p. 257, � 1, effective April 9. L. 2000: (4.5),
(4.7), and (6) added, p. 1610, � 1, effective June 1. L. 2007: (6) amended, p. 2050, � 103, effective June 1. L. 2009: (3) amended, (SB 09-108), ch. 5, p. 55, � 17, effective March 2. L. 2025: IP and (2) amended, (HB 25-1228), ch. 248, p. 1245, � 2, effective August 6.
Cross references: For the legislative declaration in HB 25-1228, see section 1
of chapter 248, Session Laws of Colorado 2025.
C.R.S. § 43-1-1404
43-1-1404. Criteria. (1) The department may use a design-build contract for a transportation project if the design work for such project must be performed before a potential bidder can develop a price or cost proposal for such project and if the chief engineer of the engineering, design, and construction division determines that using a design-build contract is appropriate. The chief engineer shall consider the following factors in making a determination pursuant to this subsection (1):
(a) The extent to which the transportation project requirements are
adequately defined;
(b) The time constraints for completing the transportation project;
(c) The capability and experience of potential design-build firms;
(d) The suitability of the transportation project to a design-build contract;
and
(e) The capability of the department to manage the design-build contract.
(2) The department may use a design-build contract regardless of the
estimated minimum or maximum cost of a transportation project.
Source: L. 99: Entire part added, p. 258, � 1, effective April 9.
C.R.S. § 43-1-1411
43-1-1411. Project specific utility relocation agreements. (1) Notwithstanding any other provision of law, if a utility company enters into a project specific utility relocation agreement with the department, the department may:
(a) Pay for the performance of the design work to relocate a utility
company's facilities that are affected by the scope of the design-build transportation project;
(b) Advance funds for the performance of the construction work to relocate
a utility company's facilities affected by the scope of the design-build transportation project; except that any advance of funds pursuant to this paragraph (b) shall be subject to full repayment by the utility company with interest based on the cost incurred by the department for advancing the funds; and
(c) Perform any utility relocation work through the contractor for the design-build transportation project in accordance with the utility company's specifications
for the relocation work and subject to the utility company's prior review and written approval of the relocation work to assure that the work meets the quality standards and construction methods of the company. The performance of any relocation work shall also be subject to inspection and approval by the utility company, during the performance of the work and prior to completion of the relocation work, and the department shall take appropriate measures to ensure service continuity.
(2) It is the intent of the general assembly that the department work with the
utility company to come to a mutually satisfactory agreement with the utility company so that the design-build transportation project may proceed to be constructed in an efficient manner without causing interruption of utility services. If the utility company is unable to reach a project specific utility relocation agreement with the project manager negotiating such agreement for the department, the utility company shall be provided the opportunity to address its concerns with the department's district engineer, who shall give due consideration to all issues raised by the utility company and shall strive to accommodate reasonable modifications requested by the utility company to the department's proposed project specific utility relocation agreement. If an agreement cannot be reached between the district engineer and the utility company, the executive director of the department shall review the disputed issues and seek to resolve the dispute. If the executive director is unable to reach agreement with the utility company, the executive director shall prepare a written report setting forth the reasons that the dispute could not be resolved and shall provide such report to the utility company within three business days.
(3) For any utility company that chooses not to enter into a project specific
utility relocation agreement with the department for the performance of utility relocation work:
(a) The department may direct the utility company to perform or allow the
performance of the utility relocation work within the performance schedule for the design-build transportation project;
(b) The utility company shall pay for damages caused by the company's
delay in the performance of the utility relocation work or interference with the performance of the design-build transportation project by other contractors, including, but not limited to, payments made by the department to any third party based on a claim that performance of the design-build transportation project was delayed or interfered with as a direct result of the utility company's failure to timely perform the utility relocation work; except that damages resulting from delays in the performance of the utility relocation work caused by a force majeure shall not be charged to the utility company; and
(c) The department may withhold issuance of a permit for the location or
installation of other facilities to a utility company until the company pays the department damages caused by the company's delay in the performance of the relocation work or interference with the performance of the design-build transportation project by any other contractor. Any person aggrieved by an action of the department in denying a permit may apply to a court of competent jurisdiction for appropriate relief pursuant to the Colorado rules of civil procedure or section 24-4-106, C.R.S.
(4) The department shall provide written notice to any utility company of a
design-build transportation project that will require the relocation of the company's facilities as soon as practicable following the environmental clearance for the project. The notice shall include all available and relevant information concerning the project, including the performance schedule for the project within which the utility relocation work must be completed in order to coordinate with and avoid delay in the performance of the project.
(5) When feasible, the department shall provide a replacement easement for
a utility company whose facilities are to be relocated from an easement owned by the utility company to accommodate a design-build transportation project, and the department shall condemn the replacement easement when necessary. If no replacement easement is provided, the department shall fund the initial relocation of the easement owner's facilities and shall also fund all future relocations of those utility companies whose facilities occupy the easement at the time of the design-build transportation project at the department's sole expense in lieu of compensating the utility companies for the loss of the easement. The utility company shall quitclaim to the department that portion of the easement that is replaced or extinguished.
(6) Nothing in this section or in section 43-1-1412 shall change the authority,
rights, responsibilities, or obligations of the department or of any owner of real or personal property in an eminent domain proceeding or any existing statutory or case law applicable to eminent domain proceedings.
Source: L. 2000: Entire section added, p. 1613, � 3, effective June 1.
C.R.S. § 43-1-1601
43-1-1601. Safe routes to school program. (1) The commission shall establish and the department shall administer a safe routes to school program to distribute federal moneys received by the state or state moneys to political subdivisions of the state for projects to improve safety for pedestrians and bicyclists in school areas.
(2) Projects funded by grants under the safe routes to school program may
include:
(a) Construction of paved shoulders to be used as bike routes;
(b) Construction of multiple-use bicycle and pedestrian trails and pathways;
(c) Construction, replacement, and improvement of sidewalks;
(d) Installation and improvement of pedestrian and bicycle crossings;
(e) Construction and improvement of on-street bicycle facilities, including
bike lanes;
(f) Installation of safety signs, including, but not limited to, traffic signals;
(g) Educational programs;
(h) Implementation of traffic-calming programs in neighborhoods near
schools;
(i) Traffic diversion improvements;
(j) Construction or improvement of bicycle parking facilities; and
(k) Other projects authorized by applicable federal laws or regulations.
(3) Grants shall be awarded under the safe routes to school program based
on:
(a) The demonstrated need of the applicant;
(b) The potential of the proposed project to reduce injuries and fatalities
among children;
(c) The potential of the proposed project to encourage walking and bicycling
among students;
(d) The extent to which the application identifies existing safety hazards;
(e) The extent to which the application identifies existing and potential
walking and bicycling routes and the extent to which the proposed project would improve or connect them;
(f) Support for the proposed project from local school-based associations,
traffic engineers, elected officials, law enforcement agencies, and school officials;
(g) Repealed.
(g.5) Consideration for implementation of safe routes to schools in
communities with schools having greater than fifty percent of the students eligible for free or reduced-priced lunch pursuant to the provisions of the federal Richard B. Russell National School Lunch Act, 42 U.S.C. sec. 1751 et seq.; and
(h) Other criteria allowed or required by applicable federal laws or
regulations.
(3.5) (a) Of the grants awarded using state moneys, at least twenty percent
but not more than thirty percent of the moneys must be awarded for grants for noninfrastructure programs.
(b) Repealed.
(4) The executive director shall appoint an advisory committee to make
recommendations to the commission, which shall award grants under the safe routes to school program. The committee shall have no more than nine members, who shall receive no compensation for service on the committee. The committee shall include at least one person from a statewide organization representing each of the following groups:
(a) Educators;
(b) Parents;
(c) Bicyclists;
(d) Pedestrians; and
(e) Law enforcement personnel.
(5) Repealed.
Source: L. 2004: Entire part added, p. 1984, � 1, effective June 5. L. 2014: (1)
amended, (3)(g) repealed, and (3)(g.5), (3.5), and (5) added (HB 14-1301), ch. 320, p. 1400, � 2, effective June 3.
Editor's note: Subsection (3.5)(b)(II) provided for the repeal of subsection
(3.5)(b) and subsection (5)(b) provided for the repeal of subsection (5), effective July 1, 2015. (See L. 2014, p. 1400.)
Cross references: For the legislative declaration in HB 14-1301, see section 1
of chapter 320, Session Laws of Colorado 2014.
C.R.S. § 43-1-207
43-1-207. Petition for acceptance of road as state highway. If a board of county commissioners desires to have the transportation commission accept as a state highway any section of road in the county, the board of county commissioners by resolution may so request the commission, and the chief engineer shall then examine the section of road referred to and report to the commission as to whether it is of such construction and in such state of repair as will make it proper to accept it as a state highway. The commission in its discretion may accept such section as a state highway.
Source: L. 21: p. 370, � 19. C.L. � 1403. CSA: C. 143, � 110. CRS 53: � 120-3-7.
C.R.S. 1963: � 120-3-7. L. 91: Entire section amended, p. 1091, � 106, effective July 1.
C.R.S. § 43-1-208
43-1-208. State highway - damages - eminent domain. (1) If the chief engineer deems it desirable to establish, open, relocate, widen, add mass transit to, or otherwise alter a portion of a state highway, negotiations to acquire the land have failed, and the chief engineer determines that filing a petition in condemnation pursuant to article 1 of title 38 is necessary or if the commission otherwise so requires, the chief engineer shall make a written report to the commission describing the portion of the highway to be established, opened, added to, or changed and the land of each landowner to be acquired by a petition in condemnation. The chief engineer shall accompany the report with a map showing the present and proposed boundaries of the portion of the highway to be established, opened, added to, or changed, together with an estimate of the damages and benefits accruing to each landowner against whose land a petition in condemnation will be filed. The chief engineer may also acquire land by purchase or exchange or through negotiations prior to the filing of a petition in condemnation and is not required to provide any information about land so acquired to the commission under this section.
(2) If, upon receipt of the report and after providing ten days' written notice
to the affected landowner of the date, time, and location of the commission meeting at which a resolution to authorize a proposed action and the filing of a petition in condemnation for land will be considered, which notice shall be sent by first-class mail to the mailing address, if any, of the land that is the subject of the resolution and any other mailing address of the landowner used for purposes of negotiations with the landowner, and providing the landowner with an opportunity to be heard at the meeting, the commission decides that public interest or convenience will be served by the proposed action and the filing of a petition in condemnation for the land pursuant to article 1 of title 38, it shall adopt a resolution approving the action and the filing of a petition in condemnation for the land. Thereupon the commission, acting through the department, shall proceed in the acquisition of the land, under articles 1 to 7 of title 38, without tender or other proceedings under this part 2.
(3) Repealed.
(4) Notwithstanding any other provision of this section, the commission may
not acquire through condemnation any interest in oil, natural gas, or other mineral resources beneath land acquired as authorized by this section except to the extent required for subsurface support.
Source: L. 21: p. 370, � 20. C.L. � 1404. CSA: C. 143, � 111. CRS 53: � 120-3-8.
C.R.S. 1963: � 120-3-8. L. 91: (3) amended, p. 1091, � 107, effective July 1. L. 2008: (1) amended and (4) added, p. 628, � 3, effective August 5. L. 2019: (1) and (2) amended and (3) repealed, (SB 19-017), ch. 67, p. 242, � 2, effective August 2.
Cross references: For the legislative declaration in SB 19-017, see section 1
of chapter 67, Session Laws of Colorado 2019.
C.R.S. § 43-1-210
43-1-210. Acquisition and disposition of property - department of transportation renovation fund. (1) Whenever a part of a parcel of land is to be taken for state highway purposes and the remainder is to be left in such shape or condition as to be of little value to its owner or to give rise to claims or litigation concerning severance or other damage, the department of transportation may acquire by purchase or condemnation the whole parcel; except that the owner of said parcel may, at his option, retain the mineral or gravel interests therein, subject to the right to subsurface support retained by the department of transportation pursuant to section 43-1-209. The owner who retains said mineral or gravel interests shall not disturb the surface of the acquired parcel. The department of transportation may sell or lease the remainder of said parcel or may exchange the same for other property needed for state highway purposes.
(2) The department of transportation may acquire by purchase, exchange, or
condemnation excess right-of-way whenever in the opinion of the chief engineer public interest, safety, or convenience will be served by acquiring such excess. In connection with the construction, maintenance, and supervision of the public highways of this state, the department of transportation may also acquire by purchase, exchange, or condemnation strips or parcels of land, or interests therein, adjacent to federal-aid highways necessary for the restoration, preservation, and enhancement of scenic beauty and for the development of rest, recreation, and sanitary areas; but no state funds shall be expended to acquire said strips or parcels of land, or interests therein, necessary for the restoration, preservation, and enhancement of scenic beauty and for the development of rest, recreation, and sanitary areas unless the acquisition and development of land for such purposes is approved by the secretary of transportation to make the state eligible for reimbursement from federal funds.
(3) The department of transportation has the authority to acquire by
purchase, exchange, or condemnation rights-of-way for future needs for which rights-of-way have been identified in the current five-year highway program of projects and to lease any lands which are held for state highway purposes and are not presently needed therefor on such terms and conditions as the chief engineer, with the approval of the governor, may fix. When any right-of-way is to be acquired for future needs pursuant to this subsection (3), the department of transportation may obtain possession of such right-of-way pursuant to section 38-1-105 (6)(a), C.R.S., even though construction funds are not available at the time of acquisition, following the approval of an environmental assessment.
(4) All moneys received from sale or rent of lands shall be deposited with the
state treasurer to the credit of the state highway fund.
(5) (a) (I) The department of transportation is authorized, subject to
approving resolution of the transportation commission, to dispose of any property or interest therein in the manner specified in this section which, in the opinion of the chief engineer, is no longer needed for transportation purposes. Subject to the provisions of this section, any sale or exchange of such property or interest shall be upon the terms and conditions as the commission and chief engineer, with the approval of the governor, may fix. Title to such property shall be transferred by appropriate instruments of conveyance, without warranties, and any moneys received shall be deposited with the state treasurer to the credit of the state highway supplementary fund.
(II) Prior to the disposal of any property or interest in any property that the
department determines has an approximate value of more than twenty-five thousand dollars, the department shall obtain an appraisal from an appraiser, who is certified as a general appraiser under section 12-10-606, to determine the fair market value of the property or interest.
(III) If the department determines that the property or interest therein is of
use only to one abutting owner or, in the case of an easement, to the underlying fee owner, the abutting owner or underlying fee owner shall have first right of refusal to purchase or exchange the property or interest therein upon which disposition is being made at the fair market value.
(IV) (A) If the abutting owner or underlying fee owner refuses to exercise the
first right of refusal to purchase or exchange the property or interest therein under subsection (5)(a)(III) of this section or if the department determines that such property or interest is of use to more than one owner or potential owner, any political subdivision of this state including but not limited to any state agency, city or town, or county located within the boundaries of the property or interest therein shall have first right of refusal to purchase or exchange such property or interest at the fair market value. During the first right of refusal period, the department of personnel, as part of the process described in section 24-82-102.5 (4)(a), may determine that the property being offered for sale by the department of transportation could be used for affordable housing, child care, or placement of renewable energy facilities, in which case their right of first refusal supersedes the right of any other political subdivision of the state.
(B) If no political subdivision exercises its right of first refusal to purchase or
exchange the property or interest therein pursuant to sub-subparagraph (A) of this subparagraph (IV), the department shall dispose of such property or interest by means of a sale or exchange for not less than its fair market value.
(V) For any property or interest therein subject to disposition that the
department determines has an approximate value of twenty-five thousand dollars or less, the department shall dispose of the property or interest by means of a sale or exchange at not less than its fair market value in the manner set forth in this subsection (5); except that, as specified in section 12-10-602 (9)(b)(VI), the department may employ a right-of-way acquisition agent, a real estate appraiser who is licensed or certified pursuant to part 6 of article 10 of title 12, or any other individual who has sufficient understanding of the local real estate market to be qualified to make a waiver valuation to provide an estimate of the fair market value of such property or interest and to determine to whom the property or interest is of use.
(b) (Deleted by amendment, L. 96, p. 1453, � 1, effective June 1, 1996.)
(c) If the department is not able to dispose of the property or interest therein
by means of a sale or exchange following a diligent effort for a five-year period, the department shall vacate such property or interest and title to such property or interest shall vest in accordance with the provisions of part 3 of article 2 of this title.
(d) As used in this subsection (5), exchange means the transferring of
property, including improvements, water rights, land, or interests in land or water rights, by the department to another person in consideration for the transfer to the department of other property, including improvements, water rights, land, or interests in land or water rights, cash, or services or other consideration thereof; except that any cash or services 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, including improvements, water rights, land, or interests in land or water rights, for the purpose of ensuring that the department will receive adequate compensation.
(6) and (7) Repealed.
Source: L. 45: p. 559, �� 1-4. CSA: C. 143, � 112(1). CRS 53: � 120-3-10. C.R.S.
1963: � 120-3-10. L. 65: p. 955, � 1. L. 66: p. 178, � 1. L. 73: p. 1234, � 1. L. 85: (1) and (2) amended, p. 1195, � 7, effective June 6; (5)(a) amended, p. 1337, � 1, effective July 1. L. 87: (2), (3), (5)(a), and (5)(b) amended, p. 1549, � 1, effective April 16. L. 91: (1), (2), (3), and (5) amended, p. 1092, � 108, effective July 1; (3) amended, p. 1016, � 1, effective July 1. L. 96: (5) amended, p. 1453, � 1, effective June 1. L. 98: (2) amended, p. 1097, � 13, effective June 1. L. 2004: (6) added, p. 1560, � 1, effective May 28. L. 2012: (7) added, (HB 12-1222), ch. 81, p. 270, � 1, effective April 6. L. 2014: (5)(a)(V) amended, (SB 14-117), ch. 385, p. 1923, � 10, effective July 1. L. 2018: (5)(a)(II) and (5)(a)(V) amended, (HB 18-1349), ch. 254, p. 1558, � 2, effective May 24. L. 2019: (5)(a)(II) and (5)(a)(V) amended, (HB 19-1172), ch. 136, p. 1733, � 261, effective October 1. L. 2021: (5)(a)(IV)(A) amended, (HB 21-1274), ch. 263, p. 1536, � 3, effective September 7.
Editor's note: (1) Amendments to subsection (3) by Senate Bill 91-20 and
House Bill 91-1198 were harmonized.
(2) Subsection (6)(d) provided for the repeal of subsection (6), effective July
1, 2007. (See L. 2004, p. 1560.)
(3) Subsection (7)(b) provided for the repeal of subsection (7), effective July
1, 2015. (See L. 2012, p. 270.)
C.R.S. § 43-1-212
43-1-212. Department - rental agreements. The department of transportation is authorized to enter into rental or leasehold agreements under which the department shall acquire title to such buildings within a period not exceeding thirty years upon payment of the stipulated aggregate annual rentals. The plans, specifications, bids, and contracts for such buildings and the terms of all such rental or leasehold agreements shall be approved by the governor, the chief engineer, a majority of the members of the commission, and the director of the office of state planning and budgeting. The rentals shall be paid solely out of the state highway fund, and the obligation to pay such rentals shall not constitute an indebtedness of the state or be paid out of any other fund. Such rental shall be included in the annual budgets of the department and shall be certified, audited, and paid in the same manner as all other accounts and expenditures payable out of said state highway fund.
Source: L. 51: p. 733, � 2. CSA: C. 143, � 176. CRS 53: � 120-3-12. C.R.S. 1963:
� 120-3-12. L. 75: Entire section amended, p. 822, � 20, effective July 18. L. 83: Entire section amended, p. 970, � 25, effective July 1, 1984. L. 91: Entire section amended, p. 1093, � 110, effective July 1.
C.R.S. § 43-1-216
43-1-216. Notices and tenders by mail. All notices to landowners referred to in this part 2 may be given by mailing the same to such landowners. All tenders of payment of damages to landowners referred to in this part 2 may be made by mailing to each landowner to whom such tender is to be made a written or printed statement reciting the action of the chief engineer and of the commission relating to the award of damages to such landowner, specifying the amount of damages awarded to him, and stating where and by whom payment of the sum so awarded will be made upon demand of such landowner. Depositing in the general post office in the city of Denver or at the county seat of the county in which the land in controversy is located a written or printed copy of any notice referred to in this section, or any statement tendering payment of damages, signed by the proper officer, enclosed in a sealed envelope with proper postage prepaid, and properly addressed to the landowner at his last-known place of residence or address, is sufficient mailing of the same for the purpose of this part 2.
Source: L. 21: p. 372, � 22. C.L. � 1406. CSA: C. 143, � 113. CRS 53: � 120-3-16.
C.R.S. 1963: � 120-3-16.
C.R.S. § 43-1-217
43-1-217. Inclusion of streets in highways. (1) For all of the purposes of this part 2 and, with respect to state highways, for all the purposes of part 1 of article 3 of this title, state highways or county highways may be designated, established, and constructed in, into, or through cities and counties, cities, or towns when such highways form necessary or convenient connecting links for carrying state highways or county highways into or through such cities and counties, cities, or towns, and for such purposes the department of transportation and the boards of county commissioners of the several counties may condemn or otherwise acquire rights-of-way and access rights.
(2) Each county highway in a city or town shall be maintained by such city or
town. Each state highway in a city and county, city, or town shall be maintained by the department of transportation. By agreement between any such city and county, city, or town, and the chief engineer with respect to a state highway or the board of county commissioners with respect to a county highway, the department of transportation or the board of county commissioners, as the case may be, may agree to perform or pay for all or a part of the maintenance of such state or county highway in such city and county, city, or town.
Source: L. 21: p. 373, � 23. C.L. � 1407. CSA: C. 143, � 114. L. 45, 1st Ex. Sess.
p. 41, � 2. L. 47: p. 764, � 1. CRS 53: � 120-3-17. C.R.S. 1963: � 120-3-17. L. 67: p. 85, � 1. L. 91: Entire section amended, p. 1094, � 112, effective July 1.
Cross references: For provisions similar to those in subsection (2) of this
section, see �� 43-2-103 and 43-2-104.
C.R.S. § 43-1-219
43-1-219. State highway fund - created - state supplementary fund - created. There are hereby created two separate funds, one to be known as the state highway fund and the other to be known as the state highway supplementary fund. All money paid into either of the funds shall be available immediately, without further appropriation, for the purposes of the fund as provided by law. Money transferred to the state highway fund pursuant to section 24-75-219 (7)(c) and (7)(f) and any interest and income derived from the deposit and investment of such money may be expended for multimodal projects, as defined in section 43-4-1102 (5). Any sums paid into the state treasury, which by law belong to the state highway fund or to the state highway supplementary fund, shall be immediately placed by the state treasurer to the credit of the appropriate fund. Upon request of the commission or of the chief engineer, it is the duty of the state treasurer to report to the commission or to the chief engineer the amount of money on hand in each of the two funds and the amounts derived from each source from which each such fund is accumulated. All accounts and expenditures from each of the two funds shall be certified by the chief engineer and paid by the state treasurer upon warrants drawn by the controller. The controller is authorized as directed to draw warrants payable out of the specified fund upon such vouchers properly certified and audited. Nothing in this part 2 shall operate to alter the manner of the execution and issuance of transportation revenue anticipation notes provided in part 7 of article 4 of this title 43.
Source: L. 21: p. 373, � 25. C.L. � 1409. L. 35: p. 463, � 2. CSA: C. 143, � 116.
CRS 53: � 120-3-19. C.R.S. 1963: � 120-3-19. L. 99: Entire section amended, p. 1119, � 4, effective June 2. L. 2005: Entire section amended, p. 290, � 44, effective August 8. L. 2021: Entire section amended, (SB 21-260), ch. 250, p. 1416, � 31, effective June 17.
Cross references: (1) For the transfer to the state highway supplementary
fund of moneys paid to the department of transportation for expenses incurred in conducting the closure of highways for athletic or special events, see � 24-33.5-226 (3)(d).
(2) For the legislative declaration in SB 21-260, see section 1 of chapter 250,
Session Laws of Colorado 2021.
C.R.S. § 43-1-221
43-1-221. Proceeds from sale of bonds. The proceeds from the sale of any bonds that may be authorized for state highways shall be expended only for such purposes as are specified in the law authorizing the issue of the bonds and not more than ten percent of any bond issue for administrative and engineering purposes.
Source: L. 21: p. 376, � 28. C.L. � 1412. CSA: C. 143, � 119. CRS 53: � 120-3-21.
C.R.S. 1963: � 120-3-21.
C.R.S. § 43-1-222
43-1-222. Cash available for small payments. In order that the chief engineer may make immediate cash payment to laborers and in other instances where, in his or her judgment, it is advantageous or necessary for the conducting of the work supervised by the chief engineer to make such payments, the state treasurer shall deposit in a bank in the city and county of Denver, Colorado, from the state highway fund, the sum of twenty-five thousand dollars, which must be made payable upon order of the chief engineer in the form of a voucher check, the voucher to show to whom and for what payment is made. A duplicate of all such vouchers shall be retained in the office of the chief engineer. An amount equal to the checks returned and found in proper form shall thereupon be deposited by the state treasurer to the credit of such special fund from the state highway fund. Voucher checks drawn upon the special fund shall not be used to pay salaries of officers or regular employees of the department.
Source: L. 21: p. 377, � 31. C.L. � 1415. CSA: C. 143, � 122. CRS 53: � 120-3-22.
C.R.S. 1963: � 120-3-22. L. 65: p. 159, � 11. L. 91: Entire section amended, p. 1094, � 113, effective July 1. L. 2015: Entire section amended, (HB 15-1209), ch. 64, p. 176, � 7, effective March 30.
C.R.S. § 43-1-223
43-1-223. Supervision of construction. If, as the result of any agreement made by the department of transportation on behalf of the state and any branch of the federal government, there is undertaken actual construction or improvement of highways in the state, the letting of contracts and preparation and approval of specifications and plans, together with supervision of construction, shall, on behalf of the state, be under the direct control of the chief engineer, subject to the terms of the agreement so made. No agreement or contract shall be made which requires the expenditure of funds greater than that included in the budget for the current fiscal year plus additional advances from the federal government and from private investors made after the date of the budget.
Source: L. 21: p. 378, � 32. C.L. � 1416. L. 35: p. 468, � 6. CSA: C. 143, � 123. L.
36, 2nd Ex. Sess.: p. 21, � 4. CRS 53: � 120-3-23. C.R.S. 1963: � 120-3-23. L. 91: Entire section amended, p. 1095, � 114, effective July 1.
C.R.S. § 43-1-225
43-1-225. Power of transportation commission - relocation of utility facilities - payment of cost. (1) The transportation commission has the following powers in addition to the powers now possessed by it: To make reasonable regulations for the installation, construction, maintenance, repair, renewal, and relocation of tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances or connections thereto, called utility facilities in this section, of any governmental subdivision of the state of Colorado or of an abutting landowner in, on, along, over, across, through, or under any project on the federal-aid primary or secondary systems or on the interstate system, including extensions thereof within urban areas. Whenever the commission determines that it is necessary that any such utility facilities which may be located in, on, along, over, across, through, or under any such federal-aid primary or secondary system or on the interstate system, including extensions thereof within urban areas, should be relocated, the governmental subdivision of the state of Colorado or abutting landowner owning or operating such facilities shall relocate the same in accordance with the order of the commission; but the cost of relocation shall be paid to the governmental subdivision of the state of Colorado or abutting landowner so ordered to relocate its utility facilities without discrimination or impairment on account of any agreement entered into by any department, commission, or governmental subdivision of this state. In case of any such relocation of utility facilities, as provided in this section, the governmental subdivision of the state of Colorado or abutting landowner owning or operating the same may maintain and operate such utility facilities, with the necessary appurtenances, in the new location. Said payment of costs shall be made from the state highway fund or the state highway supplementary fund upon due certification made by the chief engineer and paid by the state treasurer upon warrants drawn by the controller as provided for and authorized by section 43-1-219.
(2) As used in this section, unless the context otherwise requires:
(a) Governmental subdivision includes a county or city and county, a city or
town, a municipal or quasi-municipal corporation, and a school district.
(b) Cost of relocation includes the entire amount paid by such
governmental subdivision of the state of Colorado properly attributable to such relocation after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility.
(3) The cost of relocating utility facilities owned by any governmental
subdivision of the state of Colorado or abutting landowner on the federal-aid primary or secondary systems or on the interstate system, including extensions thereof within urban areas, shall be a cost of highway construction.
Source: L. 65: p. 957, � 2. C.R.S. 1963: � 120-3-25. L. 91: (1) amended, p. 1095,
� 116, effective July 1.
C.R.S. § 43-1-228
43-1-228. High voltage lines in state highway right-of-way - development projects and priorities - surcharge - study - reports - rules - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) High voltage line means any line for the transmission of electric current
with a nominal voltage in excess of one hundred fifteen kilovolts that is co-located longitudinally in a state highway right-of-way and all supporting structures and accessories necessary for such line. High voltage line does not include any line for the transmission of electric current that crosses a state highway right-of-way.
(b) Rule has the same meaning as set forth in section 24-4-102 (15).
(c) State highway means any highway owned, controlled, or maintained by
the state, including federal-aid primary or secondary systems or the interstate system. State highway does not include a public highway operated by a public highway authority in accordance with the Public Highway Authority Law, part 5 of article 4 of this title 43.
(d) Transmission developer means:
(I) A transmission utility, as defined in section 40-5-108 (1)(b);
(II) The Colorado electric transmission authority created in section 40-42-103;
(III) A generation and transmission cooperative or association;
(IV) An independent transmission developer, which is an entity not owned by
a public or investor-owned utility and which develops transmission lines and infrastructure; and
(V) Any of the following entities that have voted to exempt themselves from
the Public Utilities Law, articles 1 to 7 of title 40, pursuant to section 40-9.5-103:
(A) A municipally owned utility;
(B) A power authority established pursuant to section 29-1-204 (1); or
(C) A cooperative electric association, as defined in section 40-9.5-102 (1).
(2) State highway high voltage line co-location projects. (a) (I) Upon the
request of a transmission developer, the department shall provide to the transmission developer the best available information on potential future state highway development projects, as included in the statewide transportation plan, that could impact the placement of a high voltage line within a state highway right-of-way.
(II) The department shall process such a request for information in the order
that it was received, in accordance with the department's special use permitting process.
(b) (I) If the department and a transmission developer agree that an
identified site may be suitable for development or construction of a high voltage line within a state highway right-of-way, the department shall develop a preconstruction plan review schedule that includes all applicable sections of the state highway utility accommodation code, 2 CCR 601-18, or any successor code.
(II) Upon approval of the preconstruction requirements outlined in a
preconstruction plan, the transmission developer shall provide a constructability, access, and maintenance report to be utilized when transmission line co-location projects in a state highway right-of-way are being planned and approved.
(III) The constructability, access, and maintenance report must include
mitigation strategies for potential impacts of the proposed high voltage line, as identified by the department in consultation with the Colorado energy office created in section 24-38.5-101 and other consulting agencies in the discretion of the department. Potential impacts include impacts to:
(A) Habitat, wildlife, and wildlife crossings;
(B) Communities; and
(C) Disproportionately impacted communities, as defined in section 24-4-109
(2)(b)(II).
(IV) (A) A mitigation strategy for an impact to a disproportionately impacted
community, as outlined in a constructability, access, and maintenance report, must include community engagement that follows best practices for community engagement. The department shall review whether a transmission developer has followed best practices for community engagement. In its review, the department shall consider the recommendations outlined in the Colorado environmental justice action task force's 2022 final report of the task force, as defined in section 25-1-133 (1)(f).
(B) Community engagement activities that are consistent with regulations or
requirements of the public utilities commission satisfy the requirements of this subsection (2)(b)(IV) for community engagement.
(V) A constructability, access, and maintenance report must be approved by
the department before the department issues a permit for the use of a state highway right-of-way.
(c) All work performed under a contract for the location of a high voltage line
within a state highway right-of-way, as allowed pursuant to this section, that is an energy sector public works project, as defined in section 24-92-303 (5)(a), must comply with the requirements of section 24-92-115 (7) and part 2 of article 92 of title 24. Any contractor hired to perform such work shall comply with the standards described in section 40-42-107.
(d) Notwithstanding any provision of this section to the contrary, a
transmission developer seeking to locate a high voltage line within a state highway right-of-way within the exterior boundaries of an Indian reservation shall first obtain written consent of the applicable tribal government.
(3) High voltage line or facility site priorities - reports. (a) Beginning on
January 1, 2027, within thirty calendar days of filing for a local permit for the construction or development of high voltage lines or facilities necessary for high voltage transmission, a transmission developer shall make available on a public-facing project website or utility website a report that:
(I) Describes the analysis undertaken for route selection;
(II) Demonstrates that the transmission developer considered or is
considering development sites in the following order of priority:
(A) First, existing utility corridors, where adding new lines or making
improvements to existing lines can achieve expanded electric capacity at the lowest possible cost;
(B) Second, state highway rights-of-way; and
(C) Last, new utility corridors; and
(III) Includes an evaluation of the economic impacts, engineering
considerations, and reliability of the electric system.
(b) A transmission developer shall update the report described in subsection
(3)(a) of this section if the transmission developer materially changes the transmission route beyond minor route adjustments and shall make the updated report available on the same public-facing project website or utility website.
(c) Nothing in this subsection (3) requires a transmission developer to select
an existing utility corridor or a state highway right-of-way for development of high voltage lines or facilities.
(d) The failure of a transmission developer to comply with this subsection (3)
does not:
(I) Create a cause of action for a civil suit seeking monetary damages or
injunctive relief; and
(II) Constitute a legal basis for a governmental entity to deny a permit or
withhold other approval for a high voltage line.
(4) Compensation to department for right-of-way access. (a) (I) A
transmission developer shall compensate the department for its co-location of high voltage lines in a state highway right-of-way. A transmission developer may compensate the department through surcharges as provided in subsection (4)(b) of this section or through a public-private initiative as provided in subsection (4)(c) of this section.
(II) The surcharges for a transmission developer's use of a state highway
right-of-way are an alternative method to compensating the state through in-kind infrastructure exchange in a public-private initiative, as defined in section 43-1-1201 (3). The entity requesting access to the right-of-way has the discretion to choose which process it will use to compensate the state for its use of the right-of-way.
(III) A transmission developer may enter into a public-private initiative to
compensate the department for access to the state highway right-of-way after rule-making pursuant to subsection (6) of this section is complete. The option to compensate the department for access to the state highway right-of-way by paying surcharges is available beginning on July 1, 2027.
(b) The department may impose surcharges on a transmission developer for
its access to a state highway right-of-way, including a one-time surcharge to cover the costs of a permit for the use of the right-of-way and an annual use surcharge for the use of the right-of-way. The department shall establish the surcharges by rule pursuant to subsection (6)(b)(IV) of this section.
(c) A transmission developer may compensate the department for its access
to a state highway right-of-way through in-kind infrastructure exchange in a public-private initiative, as defined in section 43-1-1201 (3).
(5) State highway corridor study - report. (a) Through a public-private
partnership, where funding is provided by private partners, the Colorado electric transmission authority created in section 40-42-103, in collaboration with the department, the Colorado energy office created in section 24-38.5-101, the Colorado public utilities commission created in section 40-2-101, and other state agencies, including the division of parks and wildlife in the department of natural resources created in section 33-9-104, shall study state highway corridors to identify potential corridors that may be suitable for high voltage transmission line development. The study must identify all private entities providing funding.
(b) The Colorado electric transmission authority shall complete the study
required by this subsection (5) no later than eighteen months after the date that funding is secured from private partners.
(c) The Colorado electric transmission authority shall publish a report on the
findings of the study required by this subsection (5) on its website and shall share the report with the department, the Colorado energy office, the Colorado public utilities commission, the division of parks and wildlife in the department of natural resources created in section 33-9-104, and, as appropriate, other state agencies.
(6) Rules. (a) The department shall update its rules concerning access to
state highway rights-of-way to accommodate high voltage lines pursuant to the state highway utility accommodation code, 2 CCR 601-18, or any successor code.
(b) The executive director shall adopt rules as necessary to implement this
section. The rules must:
(I) Clarify that longitudinal high voltage lines may be permitted in state
highway rights-of-way if identified criteria are met;
(II) Create a process through which a transmission developer must submit a
request to the department for a permit for the use of a state highway right-of-way to construct a high voltage line;
(III) Establish the process for the denial of a permit request submitted by a
transmission developer for a high voltage line if the proposed project presents a risk to public safety or prevents the proper functioning of the state highway; and
(IV) Set the surcharges for a transmission developer's access to a state
highway right-of-way, as described in subsection (4) of this section, as follows:
(A) Surcharges must be paid at a rate of six hundred dollars per mile;
(B) Surcharges cover a twenty-year access term and may be paid as a lump
sum one-time payment of twelve thousand dollars per mile or as an annual payment of six hundred dollars per mile for each year of the twenty-year access term;
(C) Beginning on July 1, 2028, and on every July 1 thereafter, the department
may adjust the amount of the dollar-per-mile surcharge for inflation in accordance with the average annual percentage change in the United States department of transportation, federal highway administration, national highway construction cost index or its applicable predecessor or successor index for the five-year period ending on the last December 31 before a state fiscal year for which an inflation adjustment to the surcharge is made to begin;
(D) The twenty-year access term covered by the surcharges may be renewed
every twenty years; and
(E) The department shall establish prorated surcharges for high voltage line
transmission development projects with installations of less than three hundred feet.
(c) The department shall update its rules as required by subsection (6)(a) of
this section and adopt the rules required by subsection (6)(b) of this section no later than January 1, 2027.
Source: L. 2025: Entire section added, (HB 25-1292), ch. 175, p. 729, � 2,
effective August 6.
Cross references: For the legislative declaration in HB 25-1292, see section 1
of chapter 175, Session Laws of Colorado 2025.
PART 3
HIGHWAY RELOCATION ASSISTANCE ACT
43-1-301 to 43-1-311. (Repealed)
Source: L. 89: Entire part repealed, p. 1084, � 14, effective March 31.
Editor's note: This part 3 was numbered as article 3 of chapter 120, C.R.S.
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For amendments to this part 3 prior to its repeal in 1989, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
Cross references: For the relocation assistance and land acquisition policies, see article 56 of title 24.
PART 4
ROADSIDE ADVERTISING
Editor's note: This part 4 was numbered as article 18 of chapter 120, C.R.S.
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The substantive provisions of this part were repealed and reenacted in 1981, causing some addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 4 prior to 1981, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973, beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
Cross references: For regulation of advertising on county roads, see �� 43-2-139 and 43-2-141.
C.R.S. § 43-10-102
43-10-102. Definitions. As used in this article 10, unless the context otherwise requires:
(1) Aircraft means any FAA-certificated vehicle used or designed for
aviation or flight in the air.
(2) Airport means any area of land or water which is used or intended for
the landing and takeoff of aircraft, any appurtenant areas which are used or intended for airport buildings or other airport facilities or rights-of-way, and all airport buildings and facilities.
(3) (a) Aviation purposes means any objective that provides direct and
indirect benefits to the state aviation system and includes, but is not limited to:
(I) Any work involved in constructing, planning, or repairing a public airport
or portion thereof and may include any work involved in constructing or maintaining access roads;
(II) The removal, lowering, relocation, and marking and lighting of any hazard
to the safe operation of aircraft utilizing federal rules and regulations as guidelines for determining such hazards;
(III) The acquisition of navigational aids used by aircraft landing at or taking
off from such airport;
(IV) The acquisition of safety equipment necessary for the enhancement of
the state aviation system;
(V) Any research study, proposal, or plan for the expansion, location, or
distribution of aviation facilities or resources that are directly related to the state aviation system;
(VI) The promotion of economic development which is related to the
promotion, development, operation, or maintenance of the state aviation system;
(VII) Any acquisition of land, of any interest therein, or of any easement
through or other interest in airspace, including land for future airport development, which is necessary to permit any such work or to remove, mitigate, prevent, or limit the establishment of any hazard to the safe operation of aircraft;
(VIII) Any informal education or training made available to the public
concerning aviation in the state or any informational materials for dissemination to the public concerning aviation;
(IX) Design, engineering, construction, installation, acquisition, and
inspection of infrastructure, including equipment, that will allow the sale of unleaded aviation gasoline at a general aviation airport or at a commercial airport at which there is, as determined by the division, significant general aviation activity;
(X) Subsidization of unleaded aviation gasoline at a general aviation airport
or a commercial airport at which there is significant general aviation activity, as determined by the division;
(XI) Noise monitoring devices, technologies, or systems that are used to
evaluate noise levels from the operation of aircraft and other aviation activities at or near airports;
(XII) The evaluation of, provision of education and technical assistance to
airports about, prevention of, or mitigation of adverse impacts to the health, safety, and welfare of individuals who reside or work near an airport, including but not limited to the evaluation of, provision of education and technical assistance to airports about, prevention of, or mitigation of such adverse impacts conducted by the division; and
(XIII) At a time that electric aircraft technology has been appropriately
certified by the FAA, providing for on-airport electric aircraft charging infrastructure.
(b) Subsidization of airlines is expressly prohibited as an aviation purpose
except for the promotion and marketing of air service at airport facilities.
(4) Board means the Colorado aeronautical board.
(5) Director means the director of the aeronautics division.
(6) Division means the aeronautics division in the department of
transportation.
(7) FAA means the federal aviation administration or its successor.
(7.2) Fund means the aviation fund created in section 43-10-109 (1).
(8) Regional aviation plan means an aviation plan developed by a regional
planning commission pursuant to section 30-28-110, C.R.S.
(8.5) State aviation system means the network of facilities which includes
airports, navigational aids, and safety-related facilities.
(9) State aviation systems plan means a plan produced and maintained by
the state which: Addresses the aviation needs within the state, including those needs relating to airports, navigational aids, and flight safety; identifies and evaluates alternatives to meet those needs; and recommends preferred solutions for the aviation needs of the state.
Source: L. 91: Entire article added, p. 1045, � 3, effective July 1; (3) amended
and (8.5) added, p. 2392, � 13, effective July 1. L. 91, 1st Ex. Sess.: (3) amended and (8.5) added, p. 1, � 1, effective July 1. L. 96: (3)(h) added, p. 634, � 1, effective May 1. L. 2000: (3) amended, p. 1331, � 2, effective May 26. L. 2024: IP and (3)(a)(VII) amended and (3)(a)(IX), (3)(a)(X), (3)(a)(XI), (3)(a)(XII), and (3)(a)(XIII) added, (HB 24-1235), ch. 190, p. 1078, � 3, effective May 17. L. 2025: (7.2) added, (SB 25-275), ch. 377, p. 2108, � 331, effective August 6.
Editor's note: The amendments to this section made by chapter 1, L. 91, First
Extraordinary Session, page 1, section 1, supersede the amendments made by chapter 330, L. 91, page 2392, section 13. Although both acts contained a July 1, 1991, effective date, the Governor did not sign the act enacted at the First Extraordinary Session until July 5. The act contained in chapter 1 from the First Extraordinary Session was subject to an interrogatory submitted to the Supreme Court by the Governor. The court held the act constitutional on its face. (See In re House Bill 91S-1005, 814 P.2d 875 (Colo. 1991).)
Cross references: For the legislative declaration in HB 24-1235, see section 1
of chapter 190, Session Laws of Colorado 2024.
C.R.S. § 43-2-101
43-2-101. State highway system. (1) There shall be established in this state a system of roads known as the state highway system. The state highway system shall consist of the federal-aid primary roads, the federal-aid secondary roads, and the interstate system, including extensions thereof within urban areas, plus an amount not to exceed five percent of the mileage of such systems which may be declared to be state highways by the transportation commission while not being any part of any federal system.
(2) Interstate system as used in this section means any highway included
as a part of the national system of interstate and defense highways as authorized and designated in accordance with section 7 of the Federal-Aid Highway Act of 1944 (58 Stat. 838) and any other subsequent acts of congress.
(3) Nothing in this section shall be construed as limiting the mileage of the
state highway system to the total mileage constituting the system as of December 31, 1953, but federal-aid primary roads and federal-aid secondary roads may be added or deleted by the department of transportation according to need as determined by said department. Deletions from the federal-aid secondary system shall be mutually decided by the federal government, the state, and the affected county.
(4) (a) In addition to the powers now possessed by the transportation
commission, it has the authority to select or designate any public highway, road, or street as a part of the federal-aid urban system or as an extension of the federal-aid primary or secondary system, in order to qualify such public highways, roads, or streets for the expenditure by the state of federal-aid funds to be apportioned to the state pursuant to the provisions of 23 U.S.C. sec. 135, as amended, and section 106 of the Federal-Aid Highway Act of 1970, and regulations promulgated thereunder. Any provision of this title to the contrary notwithstanding, any public highway, road, or street selected or designated under this subsection (4) shall continue to be a part of the county highway or city street systems and shall not be deemed to be a part of the state highway system unless the commission specifically provides to the contrary.
(b) Any receipt of moneys from the federal government, or any department
thereof, pursuant to the provisions of 23 U.S.C. sec. 135, as amended, and section 106 of the Federal-Aid Highway Act of 1970 shall be paid into and credited to the state highway supplementary fund.
(c) The construction of all improvements authorized pursuant to the
provisions of 23 U.S.C. sec. 135, as amended, and section 106 of the Federal-Aid Highway Act of 1970, and moneys received therefor, are under the supervision and control of the chief engineer.
Source: L. 53: p. 512, � 1. CRS 53: � 120-13-1. L. 57: p. 641, � 1. C.R.S. 1963: �
120-13-1. L. 70: p. 329, � 1. L. 71: p. 1140, � 1. L. 91: (1), (3), (4)(a), and (4)(c) amended, p. 1098, � 127, effective July 1. L. 2015: (4)(c) amended, (HB 15-1209), ch. 64, p. 176, � 8, effective March 30.
Cross references: For the Federal-Aid Highway Act of 1970, see Pub.L. 91-605, codified at 23 U.S.C. � 101 et seq.
C.R.S. § 43-2-104.5
43-2-104.5. Reimbursement of counties and municipalities. (1) The department of transportation is authorized to reimburse, pursuant to contract, counties, cities, or incorporated towns for maintenance or construction of highways which are part of the state highway system. Such reimbursement may be over a period of time, and any funds available to the department of transportation for the maintenance and construction of public highways may be used.
(2) Any municipality, county, or political subdivision may enter into an
intergovernmental agreement with the department of transportation to loan to the department of transportation funds necessary to accelerate the completion of state highway projects. Such loaned funds may be repaid by the department of transportation from any funds available to that department for the maintenance and construction of public highways. Such acceleration of projects must be approved by the transportation commission and the governing board of the municipality, county, or political subdivision involved. The construction of projects conducted pursuant to this section shall be carried out under the supervision of the chief engineer of the department of transportation, who may contract with private parties for construction services. Any municipality, county, or political subdivision may contract with private parties for construction services when conducting projects pursuant to this section.
Source: L. 89, 1st Ex. Sess.: Entire section added, p. 63, � 19, effective
August 1. L. 91: Entire section amended, p. 1099, � 131, effective July 1.
C.R.S. § 43-2-107
43-2-107. Standards of construction - definition. (1) After December 31, 1953, any roads which are constructed so as to become a part of the state highway system, as defined in this part 1, or any road not on said date a part of the state highway system which may be added thereto shall be constructed or improved in accordance with standards for highway construction as adopted and approved by the commission.
(2) Any roads, streets, or highways constructed after July 1, 1975, by the
state or any of its political subdivisions shall provide adequate and reasonable access for the safe and convenient movement of persons with disabilities, including those in wheelchairs, across all newly constructed or replaced curbs at all pedestrian crosswalks; except that this subsection (2) shall not be applicable to any contracts executed or let for bid on or before July 1, 1975.
(3) (a) Except when otherwise necessary or required to meet reasonable
safety standards, the department of transportation shall execute the following whenever constructing, repaving, or repairing any section of a two-lane state highway if farming or other oversize loads actively utilize that section of the highway:
(I) Stagger the posts not less than every one-tenth of a mile where it is
practical to do so; and
(II) Consider implementing flexible delineator posts and other engineering
solutions to accommodate the needs of all vehicles.
(b) Nothing in this subsection (3) shall be construed to require delineator
posts to be placed where they are not deemed necessary by the department of transportation.
(c) As used in this subsection (3), two-lane state highway means a state
highway with two lanes, each going in the opposite direction of one another.
Source: L. 53: p. 514, � 7. CRS 53: � 120-13-7. C.R.S. 1963: � 120-13-7. L. 75:
Entire section amended, p. 1571, � 1, effective June 29. L. 93: (2) amended, p. 1677, � 100, effective July 1. L. 2023: (3) added, (HB 23-1048), ch. 368, p. 2218, � 2, effective August 7.
Cross references: For the legislative declaration in HB 23-1048, see section 1
of chapter 368, Session Laws of Colorado 2023.
C.R.S. § 43-2-116
43-2-116. Federal aid - matching funds. In the event that any fund becomes available from the federal government for expenditure in conjunction with county funds, for the construction, alteration, repair, or improvement of any roads in any county, the board of county commissioners of the respective counties, upon approval by the department of transportation, may use such funds which have accrued to their respective counties from the highway users tax fund for the purpose of matching the federal funds becoming available if the board of county commissioners of any such county has, by proper resolution filed in duplicate with the department of transportation and approved by said department, determined the road construction, alteration, repair, or improvement to be performed in such county and the same is found to conform in all respects to the requirements necessary for the use of such funds of the federal government and if all such funds so available for matching purposes are expended only as provided by law. Any county using highway users tax funds for the purpose of matching federal funds shall be required to reimburse the department of transportation for engineering services rendered by said department in connection with the expenditure of federal funds.
Source: L. 53: p. 518, � 16. CRS 53: � 120-13-16. C.R.S. 1963: � 120-13-16. L.
91: Entire section amended, p. 1101, � 137, effective July 1.
C.R.S. § 43-3-101
43-3-101. Freeways - how declared - commercial enterprises prohibited - definition. (1) The transportation commission with the approval of the governor may designate any portion of a highway to be a freeway whenever, in its opinion, by reason of the volume and speed of traffic there is particular danger to the safety of the traveling public by collisions between vehicles proceeding in opposite directions thereon or between vehicles at intersections of said state highways with other public highways or at approaches to said state highways from private property abutting thereon.
(2) Whenever, in the establishment of a freeway, real property held under
one ownership is severed by the freeway, then the chief engineer may provide access across the freeway from one such tract to the other either at grade or below or above grade at least once within one mile if there is a demand made for such crossing by the landowner, or he must compensate such landowner for any legally compensable damages sustained by any such severance as provided by law, but the compensable damage shall in no case be less than the difference in value caused by the severance. No such connecting roads shall be used for or in connection with the conduct of any roadside business or enterprise. If such tracts at any time cease to be held under one ownership, the chief engineer may terminate and discontinue such access roads.
(3) Except as provided in subsection (4) of this section, section 32-9-119.8,
and part 15 of article 1 of this title 43, a commercial enterprise or activity for serving motorists, other than emergency services for disabled vehicles, shall not be conducted or authorized on any property designated as or acquired for or in connection with a freeway or highway by the department of transportation or any other governmental agency. At locations deemed appropriate by the transportation commission, the department of transportation shall construct local service roads, which open into or connect with a freeway, in such manner as to facilitate the establishment and operation of competitive commercial enterprises for serving users of the freeway on private property abutting such local service roads.
(4) (a) If the requirements of subsection (4)(b) of this section are satisfied,
the department of transportation may collaborate with public or private entities to develop projects for the construction of electric vehicle charging systems along interstate highway rights-of-way, including rest areas, as prioritized by the department.
(b) The provisions of subsection (4)(a) of this section apply when 23 U.S.C.
sec. 111, or its successor statute, is modified, or when any other federal law is enacted, to expand the allowable commercial services along interstate highway rights-of-way, including rest areas, and the modified or newly enacted law no longer prohibits the construction of electric vehicle charging systems along interstate highway rights-of-way, including rest areas.
(c) The department of transportation may collaborate with public or private
entities to develop projects for the construction of electric vehicle charging systems along state highway rights-of-way, including rest areas, as prioritized by the department.
(d) As used in this subsection (4), electric vehicle charging system has the
meaning set forth in section 38-12-601 (6)(a).
Source: L. 41: p. 654, � 1. CSA: C. 143, � 144. L. 43: p. 531, � 1. CRS 53: � 120-6-1. L. 57: p. 634, �� 1-3. L. 63: p. 794, � 1. C.R.S. 1963: � 120-6-1. L. 91: (1) and (3)
amended, p. 1111, � 158, effective July 1. L. 97: (3) amended, p. 343, � 2, effective April 19. L. 99: (3) amended, p. 264, � 6, effective April 9. L. 2023: (3) amended and (4) added, (HB 23-1233), ch. 245, p. 1327, � 13, effective May 23.
Cross references: For the legislative declaration contained in the 1999 act
amending this subsection (3), see section 1 of chapter 88, Session Laws of Colorado 1999. For the legislative declaration in HB 23-1233, see section 1 of chapter 245, Session Laws of Colorado 2023.
C.R.S. § 43-3-102
43-3-102. Engineer to divide freeway. (1) After such state highway or a portion of a state highway has been designated a freeway under section 43-3-101, the chief engineer is authorized to divide and separate such freeway into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations or by designating such separate roadways by signs, markers, stripes, or other devices and may direct the course of traffic thereon and the proper lane for such traffic by appropriate signs, markers, stripes, or other devices.
(2) No private right of access shall accrue to property abutting any freeway
established on a new location except at such points as may be authorized; but nothing in this section shall authorize or permit the acquisition of any existing property rights except upon payment of just compensation as provided by law.
Source: L. 41: p. 655, � 2. CSA: C. 143, � 145. CRS 53: � 120-6-2. L. 63: p. 795,
� 2. C.R.S. 1963: � 120-6-2.
C.R.S. § 43-3-103
43-3-103. Engineer may close street or road. The chief engineer, with the approval of the governor, is authorized to enter into agreements with the cities or towns having jurisdiction over city or town streets, or with the counties having jurisdiction over county highways, or with other authorities having jurisdiction over other public ways to close any city street or county highway or other public way at or near the point of its intersection with any such freeway or to make provisions for carrying such city street or county highway or other public way over or under or to a connection with the freeway and do any work on such city street or county highway or other public way as is necessary therefor.
Source: L. 41: p. 655, � 3. CSA: C. 143, � 146. CRS 53: � 120-6-3. C.R.S. 1963:
� 120-6-3.
C.R.S. § 43-3-104
43-3-104. Street not to open into freeway. No city street, county highway, or other public way of any kind shall be opened into or connected with any such freeway unless the chief engineer, with the approval of the governor, consents in writing to the same. The chief engineer, with the approval of the governor, may fix the terms and conditions on which such connection shall be made if such connection will best serve the public interest, safety, and welfare and may withhold his consent to such connection if such connection will not serve the public interest, safety, and welfare. Appeal from any ruling or decision made under the provisions of this section may be had to the district court of the county in which that portion of the freeway affected is located.
Source: L. 41: p. 655, � 4. CSA: C. 143, � 147. CRS 53: � 120-6-4. C.R.S. 1963:
� 120-6-4.
C.R.S. § 43-3-105
43-3-105. When local service roads laid out. Whenever a freeway is designated under the provisions of this part 1, the chief engineer is authorized to lay out and construct local service roads or designate as local service roads any existing street or public way if the same is within reasonable distance of such freeway wherever, in his opinion, there is a particular danger to the traveling public of collisions due to vehicles entering the freeway from the sides thereof and may divide and separate any such service road from the freeway by raised curbs or dividing sections, or other appropriate devices. If such local service road is a highway or street already in existence, he may designate the same by appropriate signs, markers, or other devices.
Source: L. 41: p. 655, � 5. CSA: C. 143, � 148. CRS 53: � 120-6-5. C.R.S. 1963:
� 120-6-5.
C.R.S. § 43-3-202
43-3-202. Powers granted to department. (1) In addition to the powers now possessed by it, the department of transportation has power:
(a) To formulate, by its own initiative or by recommendation of the governor,
plans for the development and improvement of the state highway system by the construction of turnpikes within the state and to conduct engineering surveys and perform any other acts necessary in determining the feasibility of such plans. Turnpike means any highway or express highway, tunnel, or toll tunnel constructed under the provisions of this part 2 and includes all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, service stations, and administration, storage, and other buildings which the department of transportation may deem necessary for the operation of such turnpike, together with all property, rights, easements, and interests which may be acquired by the department of transportation for the construction or the operation of such turnpike.
(b) To design, finance, construct, operate, maintain, improve, and reconstruct
turnpikes in the state and to acquire, construct, operate, control, and use the turnpikes and all works, facilities, and means necessary or convenient to the full exercise of the powers granted in this section. It is declared that such turnpikes are public highways of the state.
(c) To take all steps and adopt all proceedings and to make and enter into all
contracts or agreements with other states, the United States, or any of its agencies, instrumentalities, or departments, including, without limiting the generality of the foregoing, the reconstruction finance corporation or with public corporations within the state necessary or incidental to the performance of its duties and the execution of its powers under this part 2; but any contract relating to the financing of any such construction, maintenance, improvement, or reconstruction shall be approved by the governor before the same becomes effective;
(c.5) To make and enter into contracts or agreements with one or more
public or private entities to design, finance, construct, operate, maintain, reconstruct, or improve a turnpike project by means of a public-private initiative pursuant to section 43-3-202.5 and part 12 of article 1 of this title;
(d) To establish, revise periodically, and collect fees, fares, and tolls for the
privilege of traveling along and over the turnpikes and for such other uses as may be made available by the establishment of such turnpikes, to adopt such rules governing the use of the turnpikes as the department of transportation may determine to be advisable, and to exercise such other powers and authority as may be necessary or convenient to the practical and full operation and use thereof;
(e) To set aside in a special sinking fund and to pledge any and all fees,
fares, and tolls and all income however derived to the payment of the principal of and the interest on the bonds authorized in this part 2 to be issued;
(f) To set aside in a special sinking fund and to pledge from the proceeds in
the state highway fund derived from the imposition of licenses, registration, and other charges with respect to the operation of any motor vehicle upon any public highway of the state and the proceeds from the imposition of any excise tax on gasoline or other liquid motor fuel an amount sufficient to ensure the payment of the principal and interest on the bonds authorized in this part 2 to be issued promptly as the same respectively become due; except that any such pledge shall first be approved by joint resolution of the senate and house of representatives and further except that the amount so set aside and pledged shall not exceed in any one year one hundred percent of the total of the following:
(I) The amount of principal and interest falling due during such year; and
(II) The amount required to be paid into the special sinking fund as a
reasonable reserve for the payment of the bonds authorized in this part 2 in accordance with the resolution of the transportation commission authorizing their issuance as approved by the joint resolution of the senate and house of representatives.
(g) To accept grants and permits from and to cooperate with the United
States or any agency, instrumentality, or department thereof in the construction, reconstruction, maintenance, improvement, operation, and financing of turnpikes or their appurtenances and to do all things necessary to avail itself of such cooperation;
(h) To designate as a turnpike project a described territory or a described
portion of the highway system of the state to be constructed or improved under this part 2;
(i) To cooperate, negotiate, and contract with other states in any manner
necessary to effect the purposes of this part 2;
(j) To require that each contractor to whom is awarded any contract for the
construction, erection, repair, maintenance, or improvement of any turnpike, as defined in paragraph (a) of this subsection (1), shall, before entering upon the performance of any work included in said contract, execute, deliver to, and file with the department of transportation a good and sufficient bond to be approved by the department of transportation in an amount to be fixed by the department of transportation, which amount shall be not less than twenty-five percent of the total amount payable by the terms of said contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the faithful performance of the contract according to the terms thereof, and, in addition, shall provide that, if the contractor or his subcontractors fail to duly pay for any labor, materials, motor vehicle or team hire, sustenance, provisions, provender, or other supplies used or consumed by such contractor or his subcontractor or contractors in performance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight percent per annum.
Source: L. 49: p. 601, � 2. CSA: C. 143, � 125(2). CRS 53: � 120-8-2. L. 54: pp.
151, 154, 155, �� 1, 1-3. L. 56, 1st Ex. Sess.: pp. 28, 36, 37, �� 1, 1-3. C.R.S. 1963: � 120-8-2. L. 84: (1)(a) and (1)(b) amended, p. 1112, � 1, effective April 9. L. 91: IP(1), (1)(a), (1)(d), (1)(f)(II), and (1)(j) amended, p. 1112, � 162, effective July 1. L. 96: (1)(b), (1)(d), and (1)(f) amended and (1)(c.5) added, p. 461, � 1, effective April 23.
C.R.S. § 43-3-203
43-3-203. Bonds authorized. (1) For the purpose of defraying the cost of constructing, improving, or reconstructing any such turnpike and all expenses incidental thereto, including all engineering and legal fees and interest during construction and for one year thereafter, the department of transportation may, upon the affirmative majority vote of the entire membership of the transportation commission and with the approval of the general assembly evidenced by joint resolution of the senate and house of representatives, and signed by the governor, issue bonds of the state of Colorado, payable from a fund consisting of the fees, fares, and tolls derived from any designated turnpike project and with the approval of the general assembly evidenced by joint resolution of the senate and house of representatives, additionally secured by a pledge of and payable from a special fund set aside from the state highway fund, but the amount so set aside and pledged shall not exceed in any one year one hundred percent of the total of the following:
(a) The amount of principal and interest falling due during such year; and
(b) The amount required to be paid into the special sinking fund as a
reasonable reserve for the payment of the bonds authorized in this part 2 in accordance with the resolution of the transportation commission authorizing their issuance as approved by the joint resolution of the senate and house of representatives.
Source: L. 49: p. 603, � 3. CSA: C. 143, � 125(3). CRS 53: 120-8-3. L. 54: p.
155, � 4. L. 56, Ex. Sess.: p. 38, � 4. C.R.S. 1963: � 120-8-3. L. 84: IP(1) amended, p. 1112, � 2, effective April 9. L. 91: IP(1) and (1)(b) amended, p. 1113, � 163, effective July 1. L. 96: Entire section amended, p. 463, � 3, effective April 23.
Cross references: For presentation of resolutions to the governor, see � 39 of
art. V, Colo. Const.
C.R.S. § 43-4-1201
43-4-1201. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) Retail deliveries are increasing and are expected to continue to increase
in communities across the state;
(b) The motor vehicles used to make retail deliveries are some of the most
polluting vehicles on the road, which has resulted in additional and increasing air and greenhouse gas pollution;
(c) The adverse environmental and health impacts of increased emissions
from motor vehicles used to make retail deliveries can be mitigated and offset by supporting the widespread adoption of electric buses for transit fleets and reducing vehicle miles traveled by encouraging people to choose clean, efficient, public transit options instead of personal motor vehicle travel;
(d) Instead of reducing the impacts of retail deliveries by limiting retail
delivery activity through regulation, it is more appropriate to continue to allow persons who receive retail deliveries to benefit from the convenience afforded by unfettered retail deliveries and instead impose a small fee on each retail delivery and use fee revenue to fund necessary mitigation activities;
(e) It is necessary, appropriate, and in the best interest of the state and all
Coloradans to incentivize, support, and accelerate the electrification of public transit in rural and urban areas throughout the state because electrification:
(I) Reduces emissions of air pollutants, including hazardous air pollutants
and greenhouse gases, that contribute to adverse environmental effects, including but not limited to climate change, and adverse human health effects in and between communities, including communities near high-use transit corridors and disproportionately impacted communities, and helps the state meet its statutory greenhouse gas pollution reduction targets and comply with air quality attainment standards; and
(II) By reducing fuel and maintenance costs associated with the use of motor
vehicles, helps public transit providers operate more efficiently, use cost savings to provide more reliable and convenient transit service to more riders, and further reduce emissions by reducing personal motor vehicle use; and
(f) By reducing motor vehicle emissions, transit fleet electrification
effectively remediates some of the impacts of retail deliveries by offsetting a portion of the increased motor vehicle emissions resulting from such deliveries.
(1.5) The general assembly further finds and declares that:
(a) Scientific and government agency studies, including the national climate
assessment and the Colorado Greenhouse Gas Pollution Reduction Roadmap, published by the Colorado energy office and dated January 14, 2021, confirm that oil and gas operations can create significant environmental and other adverse impacts, including greenhouse gas emissions that contribute to climate change and emissions of local air pollutants that are ozone precursors;
(b) According to modeling conducted by the division of administration in the
department of public health and environment in 2023, oil and gas development is the leading anthropogenic source of ozone precursors in Colorado's ozone nonattainment areas and is responsible for forty-one percent of volatile organic compound emissions and forty-five percent of nitrogen oxide emissions;
(c) The adverse impacts of oil and gas production affect both urban and rural
communities, justifying investment in transit service improvements in communities across the state to reduce local pollutants and greenhouse gas emissions and benefit disproportionately impacted communities;
(d) The oil and gas industry is the third-largest source of greenhouse gas
emissions in the state;
(e) In the 2019 legislative session, the general assembly passed House Bill
19-1261, which recognized that climate change adversely affects Colorado's economy, air quality, public health, ecosystems, natural resources, and quality of life and set science-based goals of reducing statewide greenhouse gas pollution, from 2005 levels, by twenty-six percent by 2025, fifty percent by 2030, and ninety percent by 2050. Through Senate Bill 23-016, enacted in 2023, the general assembly updated these goals to achieve net-zero greenhouse gas emissions by 2050 with interim reduction goals of sixty-five percent by 2035, seventy-five percent by 2040, and ninety percent by 2045, measured against 2005 statewide greenhouse gas pollution levels.
(f) According to the Colorado Greenhouse Gas Pollution Reduction
Roadmap 2.0, published by the Colorado energy office in February 2024, current policy and future commitments through 2026 alone are unlikely to achieve the state's 2025 and 2030 greenhouse gas emission reduction goals without further actions to reduce emissions associated with transportation, and the roadmap's list of near-term actions necessary to meet those goals includes policies and programs that expand and increase public transit service, passenger rail service, and ridership;
(g) Reducing vehicle trips by encouraging the use of public transit helps to
lower ozone-forming and greenhouse gas emissions. According to An Update on Public Transportation's Impacts on Greenhouse Gas Emissions, published by the national academies of sciences, engineering, and medicine in 2021, Colorado transit agencies operating in Denver, Fort Collins, Colorado Springs, Greeley, and Pueblo collectively reduced six hundred twenty-four thousand nine hundred forty-two metric tons of greenhouse gas emissions in 2018.
(h) Policy directive 1610.0, published by the Colorado department of
transportation and effective May 19, 2022, estimates twenty-three metric tons of greenhouse gas emission reductions for every one thousand additional vehicle-revenue-hours of new transit service delivered by a zero-emission vehicle and eighteen metric tons for every one thousand additional vehicle-revenue-hours of new transit service delivered by a diesel-powered vehicle;
(i) According to the Zero Fare for Better Air 2023 Evaluation Report,
published by the regional transportation district on November 30, 2023, the two-month zero fare for better air program resulted in a twelve percent increase in ridership and a total reduction of nine million fourteen thousand three hundred seventy vehicle miles traveled, two thousand five hundred eighty-three pounds of volatile organic compounds, two thousand three hundred eighty-five pounds of nitrous oxides, and six million one hundred sixty-one thousand seven hundred seventy-two pounds of greenhouse gas emissions, which demonstrates a direct relationship between increased transit ridership and reduced air pollution and greenhouse gas emissions;
(j) Numerous studies have found that, in addition to the direct impact on
pollution due to replacing individual vehicle trips with trips on transit, there are large additional impacts that come from the indirect effect that transit has on enabling more dense land use near transit stops and stations, which reduces trip lengths and increases the share of trips taken by walking, bicycling, and using transit. For example, An Update on Public Transit's Impacts on Greenhouse Gas Emissions, published in 2021 by the national academies of sciences, engineering, and medicine, found that the indirect impacts of transit increased the emission reductions by an amount more than seven times larger than the direct reductions.
(k) To mitigate some of the adverse environmental and health impacts of air
pollution and greenhouse gas emissions caused by oil and gas operations, it is necessary, appropriate, equitable, and in the best interest of all Coloradans to impose fees on oil and gas produced in the state.
(2) The general assembly further finds and declares that:
(a) In order to incentivize, support, and accelerate the electrification and
availability of public transit and thereby reap the environmental, health, business, and operational efficiency benefits of electrification and wider availability of public transit, it is necessary, appropriate, and in the best interest of the state to create a clean transit enterprise that can provide specialized remediation and other services that help public transit providers fund the construction of the charging infrastructure needed to support electrification, the acquisition of electric motor vehicles, and the remediation services described in section 43-4-1204;
(b) The specific focus of the enterprise is the equitable reduction and
mitigation of the adverse environmental and health impacts of air pollution and greenhouse gas emissions through incentivization, support, and acceleration of the electrification of public transit in rural and urban areas throughout the state and through the implementation of the remediation services described in section 43-4-1204;
(c) The enterprise provides impact remediation services when, in exchange
for the payment of clean transit retail delivery fees by or on behalf of purchasers of tangible personal property for retail delivery, it acts to mitigate the impacts of residential and commercial deliveries on the state's transportation infrastructure, air quality, and emissions by:
(I) Making grants or loans or providing rebates to fund the acquisition of
clean, quiet, and cost-efficient electric motor vehicles for use in transit fleets and the construction of charging infrastructure that supports the use of such electric motor vehicles for public transit and thereby:
(A) Improving transportation options for fee payers and the general public,
making transit more attractive to new or infrequent users, and reducing personal motor vehicle emissions; and
(B) By making transit more attractive, reducing traffic congestion, which
allows more timely and efficient retail deliveries, further reduces emissions of air pollutants and greenhouse gas pollutants from motor vehicles, and reduces and mitigates the adverse environmental and health impacts of such emissions;
(II) Contributing in a unique and targeted way to the implementation of the
comprehensive regulatory scheme required for the planning, funding, development, construction, maintenance, and supervision of a sustainable transportation system; and
(III) Providing additional remediation services to offset impacts caused by
fee payers as may be provided by law;
(c.5) The enterprise provides the remediation services described in section
43-4-1204 in exchange for payment of the production fees for clean transit, which are used to partially mitigate the impacts of oil and gas operations on the environment through the implementation of actions related to public transit, including investment in public transit to achieve the level of frequent, convenient, and reliable transit that is known to increase transit ridership by replacing car trips with bus and rail trips;
(d) By providing remediation services as authorized by this section, the clean
transit enterprise engages in an activity conducted in the pursuit of a benefit, gain, or livelihood and therefore operates as a business in accordance with the determination of the Colorado supreme court in Colorado Union of Taxpayers Foundation v. City of Aspen, 2018 CO 36;
(e) Consistent with the determination of the Colorado supreme court in
Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, it is the conclusion of the general assembly that the revenue collected by the enterprise is generated by fees, not taxes, because the clean transit retail delivery fee imposed by the enterprise as authorized by section 43-4-1203 (7) and the production fee for clean transit are:
(I) Imposed for the specific purpose of allowing the enterprise to defray the
costs of providing the remediation services specified in this section, including mitigating impacts to air quality and greenhouse gas emissions caused by the activities on which the fee is assessed, and contributes to the implementation of the comprehensive regulatory scheme required for the planning, funding, development, construction, maintenance, and supervision of a sustainable transportation system specified in this section; and
(II) Collected at rates that are reasonably calculated based on the impacts
caused by fee payers and the cost of remediating those impacts;
(f) So long as the enterprise qualifies as an enterprise for purposes of
section 20 of article X of the state constitution, the revenue from the clean transit retail delivery fee collected by the enterprise is not state fiscal year spending, as defined in section 24-77-102 (17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does not count against either the state fiscal year spending limit imposed by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b)(I)(D); and
(g) The addition of the production fee for clean transit continues to serve the
enterprise's primary business purposes set forth in section 43-4-1203 (3)(a). If the addition of the production fee for clean transit combined with the clean transit retail delivery fee is estimated to result in the collection of fees and surcharges that exceed one hundred million dollars in the enterprise's first five fiscal years, the board shall adjust the fees, lower the fees, or stop collecting the fees in order to not collect fees or surcharges that exceed one hundred million dollars in the enterprise's first five fiscal years, which five-year period, for the purpose of section 24-77-108, ends on June 30, 2026. Therefore, the enterprise, originally created in section 43-4-1203, is in compliance with section 24-77-108.
Source: L. 2021: Entire part added, (SB 21-260), ch. 250, p. 1451, � 52,
effective June 17. L. 2023: IP(2)(c) amended, (SB 23-143), ch. 153, p. 655, � 8, effective July 1. L. 2024: (1.5), (2)(c.5), and (2)(g) added and (2)(a), (2)(b), IP(2)(e), (2)(e)(II), and (2)(f) amended, (SB 24-230), ch. 184, p. 1001, � 1, effective May 16.
C.R.S. § 43-4-1401
43-4-1401. Definitions. As used in this part 14, unless the context otherwise requires:
(1) Alliance means the Colorado wildlife and transportation alliance
established in 2018 and made up of the department, the division, tribal governments, federal agencies, and nongovernmental partners representing academia, nonprofit organizations, and biological and engineering sciences.
(2) Department means the department of transportation.
(3) Division means the division of parks and wildlife in the department of
natural resources created in section 33-9-104 (1).
(4) Fund means the Colorado wildlife safe passages fund created in
section 43-4-1402 (1).
(5) Project means a project by the department for the purposes specified in
section 43-4-1402 (3)(a)(I) and (3)(a)(II).
(6) Wildlife has the meaning set forth in section 33-1-102 (51).
Source: L. 2022: Entire part added, (SB 22-151), ch. 293, p. 2107, � 2,
effective August 10.
C.R.S. § 43-4-204
43-4-204. Appropriation. All moneys in the highway users tax fund are appropriated for the acquisition of rights-of-way for, and the construction, engineering, safety, reconstruction, improvement, repair, maintenance, and administration of, the state highway system, the county highway systems, the city street systems, and other public roads and highways of the state in accordance with the provisions of this part 2.
Source: L. 53: p. 502, � 4. CRS 53: � 120-12-4. C.R.S. 1963: � 120-12-4. L. 65:
p. 929, � 3.
C.R.S. § 43-4-206
43-4-206. State allocation. (1) Except as otherwise provided in subsections (1)(b)(V), (2), and (3) of this section, after paying the costs of the Colorado state patrol and any other costs of the department, exclusive of highway construction, highway improvements, or highway maintenance, that are appropriated by the general assembly, money in the highway users tax fund shall be paid to the state highway fund and expended for the following purposes:
(a) The state highway fund shall be subject to the sinking fund and bond lien
provided by part 2 of article 3 of this title.
(b) Except as otherwise provided in subsection (2) of this section, all money
in the state highway fund not required for the creation, maintenance, and application of the highway anticipation or sinking fund and all money in the state highway supplementary fund are available to pay for:
(I) All salaries, wages, and necessary traveling and other expenses of all
persons connected with the department of transportation;
(II) All equipment, furniture, and supplies for officers, division offices, and
laboratories as may be established by the director of the highway maintenance division;
(III) All incidental office expenses, including telegraph, telephone, postal,
express charges, and expenses for printing, stationery, and advertising and for the publication of the quarterly bulletin;
(IV) All machines, tools, or other equipment necessary for the furtherance of
the work of the department of transportation and also land and buildings for the housing and use of the same;
(V) The construction, reconstruction, repairs, improvement, planning,
supervision, and maintenance of the state highway system and other public highways, including any county and municipal roads and highways, together with the acquisition of rights-of-way and access rights for the same. Any proceeds of financed purchase of an asset or certificate of participation agreements executed as required by section 24-82-1303 (2)(a) that are credited to the state highway fund pursuant to section 24-82-1303 (4)(b) shall be used only for qualified federal aid highway projects that are included in the strategic transportation project investment program of the department of transportation and that are designated for tier 1 funding as ten-year development program projects on the department's development program project list, with at least twenty-five percent of the money being used for projects that are located in counties with populations of fifty thousand or less as of July 2015 as reported by the state demography office of the department of local affairs. No more than ninety percent of the proceeds shall be expended for highway purposes or highway-related capital improvements, and at least ten percent of the proceeds shall be expended for transit purposes or for transit-related capital improvements.
(V.5) Repealed.
(V.7) (A) The payment of statewide indirect costs in accordance with section
43-1-113 (8).
(B) (Deleted by amendment, L. 2005, p. 297, � 62, effective August 8, 2005.)
(VI) All land damages incurred by reason of establishing, opening, altering,
relocating, widening, or abandoning portions of any part of the state highway system;
(VII) The payment of just compensation for advertising devices required to be
removed under the provisions of section 43-1-414 (2).
(2) (a) Revenue accrued to and transferred to the highway users tax fund
pursuant to section 39-26-123 (4)(a) or appropriated to the highway users tax fund pursuant to House Bill 02-1389, enacted at the second regular session of the sixty-third general assembly, and credited to the state highway fund pursuant to section 43-4-205 (6.5) shall be expended by the department of transportation for the implementation of the strategic transportation project investment program:
(I) No more than ninety percent of such revenues shall be expended for
highway purposes or highway-related capital improvements, including, but not limited to, high occupancy vehicle lanes, park-and-ride facilities, and transportation management systems, and at least ten percent of such revenues shall be expended for transit purposes or for transit-related capital improvements.
(II) (Deleted by amendment, L. 2000, p. 1741, � 1, effective June 1, 2000.)
(b) Notwithstanding section 24-1-136 (11)(a)(I), beginning in 1998, the
department of transportation shall report annually to the transportation committee of the senate and the transportation and energy committee of the house of representatives concerning the revenue expended by the department pursuant to subsection (2)(a) of this section and, beginning in 2019, any net proceeds of financed purchase of an asset or certificate of participation agreements executed as required by section 24-82-1303 (2)(a) that are credited to the state highway fund pursuant to section 24-82-1303 (4)(b) and expended by the department pursuant to subsection (1)(b)(V) of this section. The department shall present the report at the joint meeting required under section 43-1-113 (9)(a), and the report shall describe for each fiscal year, if applicable:
(I) The projects on which the revenue and net proceeds are to be expended,
including the estimated cost of each project, the aggregate amount of revenue actually spent on each project, and the amount of revenue allocated for each project in such fiscal year. The department of transportation shall submit a prioritized list of such projects as part of the report.
(II) The status of such projects that the department has undertaken in any
previous fiscal year;
(III) The projected amounts of revenue and net proceeds that the department
expects to receive under this subsection (2) and section 24-82-1303 (4)(b) during the fiscal year;
(IV) The amount of revenue and net proceeds that the department has
already received under this subsection (2) and section 24-82-1303 (4)(b) during the fiscal year; and
(V) How the revenue and net proceeds expended under this subsection (2)
and subsection (1)(b)(V) of this section during the fiscal year relate to the total funding of the federal aid transportation projects that are included in the strategic transportation project investment program.
(c) Beginning with the 1997-98 fiscal year, the department of transportation
shall report annually to the joint budget committee at the department's hearing to review the department's budget request. The report shall contain for each fiscal year, if applicable, the reporting requirements specified in subparagraphs (I) to (V) of paragraph (b) of this subsection (2).
(d) Repealed.
(3) The revenue allocated to the state highway fund pursuant to section 43-4-205 (6)(b)(I) and (6.3) must be expended by the department of transportation only
for road safety projects, as defined in section 43-4-803 (21); except that the department shall, in furtherance of its duty to supervise state highways and as a consequence in compliance with section 43-4-810:
(a) Expend ten million dollars per year of the revenue for the planning,
designing, engineering, acquisition, installation, construction, repair, reconstruction, maintenance, operation, or administration of transit-related projects, including, but not limited to, designated bicycle or pedestrian lanes of highway, crossing improvements, and infrastructure needed to integrate different transportation modes within a multimodal transportation system that enhance the safety of state highways for transit users; and
(b) (I) Allocate, for state fiscal year 2025-26 and each succeeding state
fiscal year, after accounting for critical safety-related asset management surface transportation infrastructure projects eligible for funding pursuant to section 43-4-803 (21)(a) and as determined by the transportation commission, at least ten percent of the remaining revenue but no less than seven million dollars, as adjusted pursuant to subsection (3)(b)(II) of this section for state fiscal year 2026-27 and each succeeding state fiscal year, for the types of road safety projects described in section 43-4-803 (21)(b).
(II) For state fiscal year 2026-27 and each succeeding state fiscal year, the
minimum dollar amount of allocation required by subsection (3)(b)(I) of this section is seven million dollars, adjusted for the cumulative percentage change in the amount of revenue actually credited to the state highway fund pursuant to section 43-4-205 (6.3) from state fiscal year 2024-25 through the prior state fiscal year.
Source: L. 53: p. 503, � 6. CRS 53: � 120-12-6. C.R.S. 1963: � 120-12-6. L. 65:
p. 930, � 5. L. 71: p. 1135, � 5. L. 79: IP(1)(b) amended, p. 1608, � 1, effective May 18; IP(1) amended, p. 1471, � 3, effective July 6; IP(1) amended, p. 1667, � 141, effective July 19. L. 85: (1)(b)(VII) amended, p. 1371, � 48, effective June 28. L. 87: IP(1) amended, p. 1556, � 6, effective July 1; (1)(b)(V.5) added, p. 1548, � 3, effective July 3. L. 89, 1st Ex. Sess.: (1)(b)(V) amended, p. 66, � 23, effective August 1. L. 91: (1)(b)(I), (1)(b)(II), (1)(b)(IV), and (1)(b)(V.5) amended and (1)(b)(V.7) added, p. 1126, � 200, effective July 1. L. 93: IP(1) amended, p. 1798, � 108, effective June 6. L. 97: IP(1) and IP(1)(b) amended and (2) added, p. 1533, � 3, effective July 1. L. 98: (2)(d) amended, p. 906, � 5, effective May 26. L. 99: (2)(d) repealed, p. 562, � 3, effective May 7. L. 2000: (2)(a) amended, p. 1741, � 1, effective June 1. L. 2002: IP(2)(a) amended, p. 146, � 4, effective March 27; (2)(a)(I) amended, p. 738, � 9, effective August 7; (2)(a)(I) amended, p. 718, � 9, effective August 7. L. 2003: IP(1) amended, p. 1702, � 12, effective May 14. L. 2005: (1)(a) and (1)(b)(V.7)(B) amended, p. 297, � 62, effective August 8. L. 2006: IP(2)(a) amended, p. 1604, � 7, effective July 2. L. 2009: (3) added, (SB 09-108), ch. 5, p. 55, � 19, effective March 2; IP(2)(a) amended, (SB 09-228), ch. 410, p. 2270, � 25, effective July 1. L. 2015: IP(1)(b) and (1)(b)(II) amended, (HB 15-1209), ch. 64, p. 178, � 12, effective March 30. L. 2017: IP(1), IP(1)(b), (1)(b)(V), IP(2)(a), (2)(b), and (3) amended, (SB 17-267), ch. 267, p. 1473, � 31, effective May 30. L. 2018: IP(1), IP(2)(b), (2)(b)(III), and (2)(b)(IV) amended, (SB 18-001), ch. 353, p. 2099, � 6, effective May 31; IP(2)(b) amended, (HB 18-1137), ch. 84, p. 683, � 2, effective August 8. L. 2020: IP(2)(b) amended, (HB 20-1402), ch. 216, p. 1059, � 73, effective June 30. L. 2021: IP(2)(b), (2)(b)(III), and (2)(b)(IV) amended, (SB 21-260), ch. 250, p. 1418, � 34, effective June 17; (1)(b)(V) and IP(2)(b) amended, (HB 21-1316), ch. 325, p. 2063, � 80, effective July 1. L. 2024: (3) amended, (SB 24-195), ch. 432, p. 3031, � 3, effective June 5.
Editor's note: (1) Subsection (1)(b)(V.5)(B) provided for the repeal of
subsection (1)(b)(V.5), effective July 1, 1992. (See L. 91, p. 1126.)
(2) Amendments to subsection IP(2)(b) by SB 18-001 and HB 18-1137 were
harmonized.
(3) House Bill 20-1402 amended the introductory portion to subsection (2)(b)
to change the year of the statewide election at which the ballot issue authorized pursuant to � 43-4-705 (13)(b) will be submitted to the registered electors of the state from 2019 to 2020. However, House Bill 20-1376 amended � 43-4-705 (13)(b) to change the year of the statewide election at which the ballot issue will be submitted to 2021.
(4) Amendments to subsection IP(2)(b) by SB 21-260 and HB 21-1316 were
harmonized.
Cross references: For the legislative declaration in SB 17-267, see section 1
of chapter 267, Session Laws of Colorado 2017. For the legislative declaration in SB 18-001, see section 1 of chapter 353, Session Laws of Colorado 2018. For the legislative declaration in HB 18-1137, see section 1 of chapter 84, Session Laws of Colorado 2018. For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.
C.R.S. § 43-4-207
43-4-207. County allocation. (1) After paying the costs of the Colorado state patrol and any other costs of the department, exclusive of highway construction, highway improvements, or highway maintenance, that are appropriated by the general assembly, the money, including money transferred from the general fund to the highway users tax fund pursuant to section 24-75-219 (5)(a)(II) and (5)(b)(II), that section 43-4-205 requires to be paid from the highway users tax fund to the county treasurers of the respective counties shall be paid to the county treasurers of the respective counties, subject to annual appropriation by the general assembly, and shall be allocated and expended as provided in this section. The money received is allocated to the counties as provided by law and shall be expended by the counties only on the construction, engineering, reconstruction, maintenance, repair, equipment, improvement, and administration of the county highway systems and any other public highways, including any state highways, together with acquisition of rights-of-way and access rights for the same, for the planning, designing, engineering, acquisition, installation, construction, repair, reconstruction, maintenance, operation, or administration of transit-related projects, including, but not limited to, designated bicycle or pedestrian lanes of highway and infrastructure needed to integrate different transportation modes within a multimodal transportation system, and for no other purpose; except that money received pursuant to section 43-4-205 (6.3) shall be expended by the counties only for road safety projects, as defined in section 43-4-803 (21). The amount expended for administrative purposes shall not exceed five percent of each county's share of the funds available.
(2) For the fiscal year commencing July 1, 1989, and each fiscal year
thereafter, for the purpose of allocating money in the highway users tax fund to the various counties throughout the state, the following method is adopted:
(a) (I) The first sixty-nine million seven hundred thousand dollars or any
portion thereof shall be allocated to the counties in such a manner that each county receives the same allocation that it received for the fiscal year 1987-88.
(II) The next seventeen million dollars or any portion thereof shall be
allocated to the following seventeen counties in the following percentages: Adams, 9.5718; Alamosa, 1.1598; Arapahoe, 12.6560; Boulder, 7.3571; Douglas, 3.5148; El Paso, 13.0552; Jefferson, 14.9666; La Plata, 2.0733; Larimer, 7.9978; Lincoln, 1.8866; Logan, 2.0334; Mesa, 4.3285; Morgan, 2.9915; Otero, 1.6843; Pueblo, 4.6096; Rio Grande, 1.3384; and Weld, 8.7753.
(b) All money credited to the fund in excess of eighty-six million seven
hundred thousand dollars and all money transferred to the fund pursuant to section 24-75-219 (5)(a)(II) and (5)(b)(II) that is required by section 43-4-205 (6.4)(a) and subsection (1) of this section to be paid to the county treasurers of the respective counties is allocated to the counties in the following manner:
(I) Fifteen percent shall be allocated to the counties in proportion to the rural
motor vehicle registration in each county. The term rural motor vehicle registration includes all passenger, truck, truck-tractor, and motorcycle registrations in unincorporated portions of the county. The number of registrations used in computing the percentage shall be those certified to the state treasurer by the department of revenue as constituting the rural motor vehicle registration for the last preceding year.
(II) Fifteen percent shall be allocated to the counties in proportion to the
countywide motor vehicle registration in each county. The term countywide motor vehicle registration includes all passenger, truck, truck-tractor, and motorcycle registrations in unincorporated portions of the county and in cities and incorporated towns. The number of registrations used in computing the percentage shall be those certified to the state treasurer by the department of revenue as constituting the countywide motor vehicle registration for the last preceding year.
(III) Sixty percent shall be allocated to counties in proportion to the adjusted
lane miles of open, used, and maintained county roads in each county, excepting mileage of state highways and municipal streets. A lane mile shall be measured by each ten-foot width of traveled roadway surface, or fractional lane mile thereof. The adjusted lane miles shall be determined by applying to the existing lane miles of county roads in each county a factor of difficulty. The lane miles, the adjusted lane miles, and the factor representing the difficulty of construction and maintenance in the various counties in the state by reason of terrain shall be determined by the department of transportation as provided in paragraphs (c), (d), and (e) of this subsection (2).
(IV) Ten percent shall be allocated to counties in proportion to the square
feet of bridge deck for bridges greater than twenty feet in length in each county, as certified by the department of transportation.
(c) The percentage of area in each county classified as plains, plains
rolling and irrigated, and mountainous shall be determined from an accredited topographical map. The department of transportation shall also classify the percentage of paved roads in each county. To the percentage indicated plains a factor of 1.00 shall be applied. To the percentage indicated plains rolling and irrigated a factor of 1.75 shall be applied. To the percentage indicated mountainous a factor of 3.00 shall be applied. To the percentage indicated paved roads a factor of 1.5 shall be applied.
(d) The department of transportation, prior to July 1 of each year, shall certify
to the state treasurer the lane mile figures, as of December 31 of the preceding year, of the several counties, and the state treasurer shall use such lane mile figures for the current fiscal year as the basis for the allocation mentioned in this subsection (2).
(e) The authorized agent, as defined in section 42-1-102, in each county shall
certify to the department of revenue the number of motor vehicle licenses issued during the preceding calendar year to persons residing within the limits of a county and whether or not such persons reside in cities, incorporated towns, or unincorporated portions of the county. Upon receipt of the certified information, the department of revenue shall tabulate the total number of all motor vehicle licenses issued during the preceding calendar year to persons residing within the limits of the respective counties in the entire state and within the limits of each city or incorporated town within the respective counties. The department of revenue shall then determine the percentage that the rural motor vehicle registration in each county bears to the total rural motor vehicle registration in the entire state and shall then determine the percentage that the countywide motor vehicle registration in each county bears to the total countywide rural and urban motor vehicle registration in the entire state. On or before May 1 of each year, the department of revenue shall certify to the state treasurer the percentage of motor vehicle registration for each county as provided in this subsection (2)(e).
(3) For the purpose of this section, the city and county of Denver and the city
and county of Broomfield shall not be considered as counties.
Source: L. 53: p. 503, � 7. CRS 53: � 120-12-7. L. 59: p. 646, � 1. C.R.S. 1963: �
120-12-7. L. 65: p. 930, � 6. L. 71: p. 1137, � 1. L. 78: (2)(b) amended, p. 525, � 1, effective July 1. L. 79: (1) amended, p. 1471, � 4, effective July 6; (1) amended, p. 1667, � 142, effective July 19. L. 87: (1) amended, p. 1556, � 7, effective July 1. L. 89: (2) R&RE, p. 1632, � 1, effective August 1. L. 89, 1st Ex. Sess.: (1) amended, p. 66, � 24, effective August 1. L. 90: (2)(b)(III) amended, p. 1829, � 3, effective July 1. L. 91: (2)(b)(III), (2)(b)(IV), (2)(c), and (2)(d) amended, p. 1126, � 201, effective July 1. L. 93: (1) amended, p. 1518, � 22, effective June 6; (1) amended, p. 1799, � 109, effective June 6. L. 2000: (2)(b)(I), (2)(b)(II), and (2)(e) amended, p. 1652, � 49, effective June 1. L. 2001: (3) amended, p. 273, � 29, effective November 15. L. 2003: (1) amended, p. 1703, � 13, effective May 14. L. 2009: (1) amended, (SB 09-108), ch. 5, p. 55, � 20, effective March 2. L. 2013: (1) amended, (SB 13-048), ch. 138, p. 451, � 3, effective July 1. L. 2017: (2)(e) amended, (HB 17-1107), ch. 101, p. 374, � 30, effective August 9. L. 2018: (1), IP(2), and IP(2)(b) amended, (SB 18-001), ch. 353, p. 2100, � 7, effective May 31.
Editor's note: Amendments to subsection (1) by Senate Bill 93-74 and House
Bill 93-1342 were harmonized.
Cross references: For the legislative declaration in the 2013 act amending
subsection (1), see section 1 of chapter 138, Session Laws of Colorado 2013. For the legislative declaration in SB 18-001, see section 1 of chapter 353, Session Laws of Colorado 2018.
C.R.S. § 43-4-208
43-4-208. Municipal allocation. (1) After paying the costs of the Colorado state patrol and any other costs of the department, exclusive of highway construction, highway improvements, or highway maintenance, that are appropriated by the general assembly, the money, including money transferred from the general fund to the highway users tax fund pursuant to section 24-75-219 (5)(a)(II) and (5)(b)(II), that section 43-4-205 requires to be paid from the highway users tax fund to cities and incorporated towns shall be paid to the cities and incorporated towns within the limits of the respective counties, subject to annual appropriation by the general assembly, and shall be allocated and expended as provided in this section. Each city treasurer shall account for the money received as provided in this part 2. Money so allocated shall be expended by the cities and incorporated towns for the construction, engineering, reconstruction, maintenance, repair, equipment, improvement, and administration of the system of streets of such city or incorporated town or of any public highways located within such city or incorporated town, including any state highways, together with the acquisition of rights-of-way and access rights for the same, and for the planning, designing, engineering, acquisition, installation, construction, repair, reconstruction, maintenance, operation, or administration of transit-related projects, including, but not limited to, designated bicycle or pedestrian lanes of highway and infrastructure needed to integrate different transportation modes within a multimodal transportation system, and for no other purpose; except that money paid to the cities and incorporated towns pursuant to section 43-4-205 (6.3) shall be expended by the cities and incorporated towns only for road safety projects, as defined in section 43-4-803 (21). The amount expended for administrative purposes shall not exceed five percent of each city's share of the funds available.
(2) For the purpose of allocating money in the highway users tax fund to the
various cities and incorporated towns throughout the state, the following method is adopted:
(a) Except as otherwise provided in subsection (6) of this section, eighty
percent shall be allocated to the cities and incorporated towns in proportion to the adjusted urban motor vehicle registration in each city and incorporated town. The term urban motor vehicle registration includes all passenger, truck, truck-tractor, and motorcycle registrations. The number of registrations used in computing the percentage shall be those certified to the state treasurer by the department of revenue as constituting the urban motor vehicle registration for the last preceding year. The adjusted registration shall be computed by applying a factor to the actual number of such registrations to reflect the increased standards and costs of construction resulting from the concentration of vehicles in cities and incorporated places. For this purpose the following table of actual registration numbers and factors shall be employed:
Actual registration Factor
1 -- 500 1.0
501 -- 1,250 1.1
1,251 -- 2,500 1.2
2,501 -- 5,000 1.3
5,001 -- 12,500 1.4
12,501 -- 25,000 1.5
25,001 -- 50,000 1.6
50,001 -- 85,000 1.7
85,001 -- 130,000 1.8
130,001 -- 185,000 1.9
185,001 and over 2.0
(b) Twenty percent shall be allocated to the cities and incorporated towns in
proportion to the mileage of open, used, and maintained streets in each city and incorporated town, excepting the mileage of state highways.
(3) The department of transportation, prior to July 1 of each year, shall certify
to the state treasurer the mileage figures as of December 31 of the preceding year of the several cities and incorporated towns within the state, and the state treasurer shall use such mileage figures for the current fiscal year as the basis for the allocation mentioned.
(4) Repealed.
(5) For the purpose of this section, the city and county of Denver and the city
and county of Broomfield shall be considered as cities.
(6) (a) In addition to the provisions of subsection (2)(a) of this section, on or
after July 1, 1979, eighty percent of all additional money becoming available to cities and incorporated towns from the highway users tax fund pursuant to sections 24-75-215 and 43-4-205 (6)(b)(III) and, on and after July 1, 2018, eighty percent of the general fund money transferred from the general fund to the highway users tax fund pursuant to section 24-75-219 (5)(a)(II) and (5)(b)(II) that is required by section 43-4-205 (6.4)(b) and subsection (1) of this section to be allocated to the cities and incorporated towns is allocated to the cities and incorporated towns in proportion to the adjusted urban motor vehicle registration in each city and incorporated town. The term urban motor vehicle registration, as used in this section, includes all passenger, truck, truck-tractor, and motorcycle registrations. The number of registrations used in computing the percentage shall be those certified to the state treasurer by the department of revenue as constituting the urban motor vehicle registration for the last preceding year. The adjusted registration shall be computed by applying a factor to the actual number of such registrations to reflect the increased standards and costs of construction resulting from the concentration of vehicles in cities and incorporated places. For this purpose the following table of actual registration numbers and factors shall be employed:
Actual registration Factor
1 -- 500 1.0
501 -- 1,250 1.1
1,251 -- 2,500 1.2
2,501 -- 5,000 1.3
5,001 -- 12,500 1.4
12,501 -- 25,000 1.5
25,001 -- 50,000 1.6
50,001 -- 85,000 1.7
85,001 -- 125,000 1.8
125,001 -- 165,000 1.9
165,001 -- 205,000 2.0
205,001 -- 245,000 2.1
245,001 -- 285,000 2.2
285,001 -- 325,000 2.3
325,001 -- 365,000 2.4
365,001 -- 405,000 2.5
405,001 -- 445,000 2.6
445,001 -- 485,000 2.7
485,001 -- 525,000 2.8
525,001 -- 565,000 2.9
565,001 -- 605,000 3.0
(b) The share allocated to the city and county of Denver shall be the amount
determined by applying the applicable factors set forth in paragraph (a) of this subsection (6) and paragraph (b) of subsection (2) of this section.
(c) Repealed.
Source: L. 53: p. 505, � 8. CRS 53: � 120-12-8. L. 59: p. 648, � 2. C.R.S. 1963:
� 120-12-8. L. 65: p. 930, � 7. L. 71: p. 1137, � 2. L. 77: (1) amended, p. 1937, � 1, effective May 26. L. 79: (1) amended, p. 1471, � 5, effective July 6; (1) amended and (6) added, p. 1606, �� 1, 2, effective July 6. L. 81: (6)(c) R&RE, p. 1897, � 6, effective June 19. L. 85: (6)(c) repealed, p. 1271, � 12, effective May 30. L. 87: (1) and (6)(a) amended, p. 1556, � 8, effective July 1. L. 89, 1st Ex. Sess.: (1) amended, p. 67, � 25, effective August 1. L. 91: (3) amended, p. 1128, � 202, effective July 1. L. 93: (1) amended, p. 1518, � 23, effective June 6; (1) amended, p. 1799, � 110, effective June 6. L. 2000: (2)(a), (4), and (6)(a) amended, p. 1653, � 50, effective June 1. L. 2001: (5) amended, p. 273, � 30, effective November 15. L. 2003: (1) amended, p. 1703, � 14, effective May 14. L. 2009: (1) amended, (SB 09-108), ch. 5, p. 56, � 21, effective March 2. L. 2013: (1) amended, (SB 13-048), ch. 138, p. 451, � 4, effective July 1. L. 2017: (4) repealed, (HB 17-1107), ch. 101, p. 375, � 31, effective August 9. L. 2018: (1), IP(2), (2)(a), and (6)(a) amended, (SB 18-001), ch. 353, p. 2101, � 8, effective May 31.
Editor's note: (1) Amendments to subsection (1) by Senate Bill 79-407 and
Senate Bill 79-536 were harmonized.
(2) Amendments to subsection (1) by Senate Bill 93-74 and House Bill 93-1342 were harmonized.
(3) The internal reference in the introductory portion to subsection (6)(a) to �
24-75-215 refers to that section as it existed prior to its repeal on July 1, 1991.
Cross references: For the legislative declaration in the 2013 act amending
subsection (1), see section 1 of chapter 138, Session Laws of Colorado 2013. For the legislative declaration in SB 18-001, see section 1 of chapter 353, Session Laws of Colorado 2018.
C.R.S. § 43-4-503
43-4-503. Definitions. As used in this part 5, unless the context otherwise requires:
(1) Authority means a body corporate and political subdivision of the state
created pursuant to this part 5.
(2) Board means the board of directors of an authority.
(3) Bond means any bond, note, interim certificate, contract, or other
evidence of indebtedness of an authority authorized by this part 5.
(4) Combination means any two or more municipalities, two or more
counties, or one or more municipalities and one or more counties. In addition, combination may include the state to the extent authorized by section 43-4-504 (4).
(5) Construct or construction means the planning, designing,
engineering, acquisition, installation, construction, and reconstruction of public highways.
(6) County means any county organized under the laws of the state,
including any city and county.
(7) Division means the division of local government in the department of
local affairs.
(8) Governmental unit means the state or any political subdivision thereof
located in a metropolitan region, except school districts or authorities.
(9) Metropolitan region means an area which is designated a consolidated
metropolitan statistical area by the federal office of management and budget and has a population in excess of one million persons.
(10) Municipality has the same meaning as that provided in section 31-1-101,
C.R.S.
(11) Person means any natural person, corporation, partnership, association,
or joint venture, the United States of America, or any governmental unit.
(12) Public highway means a beltway or other transportation improvement
located in a metropolitan region which shall be an expressway which generally circumscribes a metropolitan region and will be primarily utilized for major traffic movement at higher traffic speeds. A public highway may, as the board determines, consist of improvements, including, but not limited to, paving, grading, landscaping, curbs, gutters, culverts, sidewalks, bikeways, lighting, bridges, overpasses, underpasses, rail crossings, frontage roads, access roads, interchanges, drainage facilities, mass transit lanes, park-and-ride facilities, toll collection facilities, service areas, administrative or maintenance facilities, gas, electric, water, sewer, and other utilities located or to be located in the right-of-way for a public highway, and other real or personal property, including easements, rights-of-way, and other interests therein, relating to the financing, construction, operation, or maintenance of a public highway.
(13) Revenues means any tolls, fees, rates, charges, assessments, grants,
contributions, or other income and revenues received by the authority.
(14) Sales taxes means, for the purposes of section 43-4-508, county or
municipal sales and use taxes levied and collected within a value capture area.
(15) State means the state of Colorado or any of its agencies.
Source: L. 87: Entire part added, p. 1844, � 1, effective August 27. L. 96: (13)
and (14) amended, p. 35, �2, effective March 18. L. 2000: (12) amended, p. 472, � 1, effective August 2.
C.R.S. § 43-4-505
43-4-505. Board of directors. (1) (a) All powers, privileges, and duties vested in or imposed upon the authority shall be exercised and performed by and through the board. The board, by resolution, may delegate any of the powers of the board to any of the officers or agents of the board; except that, to ensure public participation in policy decisions, the board shall not delegate the following:
(I) Adoption of board policies and procedures;
(II) Approval of final roadway alignments;
(III) Ratification of acquisition of land by negotiated sale;
(IV) Instituting an eminent domain action, which may be at a public hearing or
in executive session;
(V) Initiating or continuing legal action, not including traffic or toll violations;
and
(VI) Establishment of fee policies.
(b) The board shall promulgate and adhere to policies and procedures that
govern its conduct and provide meaningful opportunities for public input. Such policies shall include standards and procedures for calling an emergency meeting.
(2) Any member of the board shall disqualify himself from voting on any
issue with respect to which he has a conflict of interest, unless such member has disclosed such conflict of interest in compliance with section 18-8-308, C.R.S.
(3) The board, in addition to all other powers conferred by this part 5, has the
following powers:
(a) To adopt bylaws;
(b) To fix the time and place of meetings, whether within or without the
boundaries of the authority, and the method of providing notice of the meetings;
(c) To make and pass orders and resolutions necessary for the government
and management of the affairs of the authority and the execution of the powers vested in the authority;
(d) To adopt and use a seal;
(e) To maintain offices at such place or places as it may designate;
(f) To appoint, hire, and retain employees, agents, engineers, attorneys,
accountants, financial advisors, investment bankers, and other consultants;
(g) To prescribe methods for auditing and allowing or rejecting claims and
demands and methods for the letting of contracts for the construction of improvements, works, or structures, for the acquisition of equipment, or for the performance or furnishing of such labor, materials, or supplies as may be required for carrying out the purposes of this part 5; and
(h) To appoint advisory committees and define the duties thereof.
Source: L. 87: Entire part added, p. 1847, � 1, effective August 27. L. 2002: (1)
amended, p. 402, � 4, effective August 7.
C.R.S. § 43-4-602
43-4-602. Definitions. As used in this part 6, unless the context otherwise requires:
(1) Advertising device means an outdoor sign, display, poster, or other
message used to advertise a product or service or other message.
(1.5) Authority means a body corporate and political subdivision of the
state created pursuant to this part 6 or a transportation planning organization exercising the powers of an authority as authorized by section 43-4-622.
(2) Board means the board of directors of an authority or of a
transportation planning organization exercising the powers of an authority as authorized by section 43-4-622.
(3) Bond means any bond, note, interim certificate, contract, or other
obligation of an authority authorized by this part 6.
(3.5) Boundaries of the authority means the boundaries specified in the
contract creating the authority, as may be changed in the manner provided in section 43-4-605 (2), or the boundaries of the territory in which a transportation planning organization is authorized to exercise the powers of an authority as specified in the resolution authorizing the transportation planning organization to exercise the powers of an authority adopted by the board of the transportation planning organization as authorized by section 43-4-622, as may be changed in the manner provided in section 43-4-605 (2).
(4) Combination means any two or more municipalities, two or more
counties, or one or more municipalities and one or more counties. In addition, combination may include:
(a) One or more special districts organized with street improvement, safety
protection, or transportation powers under and as defined in article 1 of title 32, C.R.S., and one or more municipalities, counties, or counties and municipalities;
(b) The state to the extent authorized by section 43-4-603 (5).
(5) Construct or construction means the planning, designing,
engineering, acquisition, installation, construction, or reconstruction of regional transportation systems.
(6) County means any county organized under the laws of the state,
including any city and county.
(7) Division means the division of local government in the department of
local affairs.
(8) Governmental unit means the state or any political subdivision thereof,
except school districts or special purpose authorities as defined in section 24-77-102 (15), C.R.S.
(9) (a) Grant means a cash payment of public funds made directly to a
regional transportation activity enterprise by a governmental unit within the state, which cash payment is not required to be repaid.
(b) Grant does not include the following:
(I) Public funds paid or advanced to a regional transportation activity
enterprise by a governmental unit in exchange for an agreement by a regional transportation activity enterprise to provide a regional transportation system or for the use of property included in or in connection with a regional transportation system;
(II) Refunds made in the current or next fiscal year;
(III) Gifts;
(IV) Any payments directly or indirectly from federal funds or earnings on
federal funds;
(V) Collections for another government;
(VI) Pension contributions by employees and pension fund earnings;
(VII) Reserve transfers or expenditures;
(VIII) Damage awards; or
(IX) Property sales.
(10) Municipality has the same meaning as that provided in section 31-1-101
(6), C.R.S.
(11) Operation and maintenance expenses means all reasonable and
necessary current expenses of the authority, paid or accrued, of operating, maintaining, and repairing any regional transportation system.
(12) Person means any natural person, corporation, partnership,
association, or joint venture, the United States of America, or any governmental unit.
(12.5) Region means all of the territory within the boundaries of, and
subject to the jurisdiction of, the governing body of any member of a combination that creates an authority pursuant to section 43-4-603 or the governing body of any member of a transportation planning organization exercising the powers of an authority as authorized by section 43-4-622.
(13) and (14) (Deleted by amendment, L. 2005, p. 1058, � 3, effective January
1, 2006.)
(15) Regional transportation activity enterprise means any regional
transportation activity business owned by an authority, which enterprise receives under ten percent of its annual revenues in grants from all state and local governments within the state combined and is authorized to issue its own revenue bonds pursuant to this part 6.
(16) Regional transportation system means any property, improvement, or
system designed to be compatible with established state and local transportation plans that transports or conveys people or goods or permits people or goods to be transported or conveyed within a region by any means, including, but not limited to, an automobile, truck, bus, rail, air, or gondola. The term includes any real or personal property or equipment, or interest therein, that is appurtenant or related to any property, improvement, or system that transports or conveys people or goods or permits people or goods to be transported or conveyed within a region by any means or that is financed, constructed, operated, or maintained in connection with the financing, construction, operation, or maintenance of any such property, improvement, or system. The term may also include, but is not limited to, any highway, road, street, bus system, railroad, airport, gondola system, or mass transit system and any real or personal property or equipment, or interest therein, used in connection therewith; any real or personal property or equipment, or interest therein, that is used to transport or convey gas, electricity, water, sewage, or information or that is used in connection with the transportation, conveyance, or provisions of any other utilities; and paving, grading, landscaping, curbs, gutters, culverts, sidewalks, bikeways, lighting, bridges, overpasses, underpasses, cross-roads, parkways, drainage facilities, mass transit lanes, park-and-ride facilities, toll collection facilities, service areas, and administrative or maintenance facilities. Rights-of-way included in a regional transportation system shall be considered public rights-of-way for purposes of the location of utilities owned by persons other than the authority; except that no right-of-way within the regional transportation district created and existing pursuant to article 9 of title 32, C.R.S., that is not a publicly dedicated right-of-way by a municipality, a county, or the state shall be considered a public right-of-way as a result of its inclusion in the district.
(16.5) Revenues means any tolls, fees, rates, charges, assessments, taxes,
grants, contributions, or other income and revenues received by the authority.
(16.7) Special district has the same meaning as provided in section 32-1-103 (20), C.R.S.
(17) State means the state of Colorado or any of its agencies.
(18) Streetscape enhancement means an advertising device located on a
bus or transit shelter or bench, waste receptacle, kiosk, or other freestanding structure located within an authority.
(19) Transportation planning organization means a metropolitan planning
organization, as defined in section 43-1-1102 (4), or a rural transportation planning organization responsible for transportation planning for a transportation planning region, as defined in section 43-1-1102 (8).
Source: L. 97: Entire part added, p. 480, � 1, effective August 6. L. 2005: (1),
(5), (9)(a), (9)(b)(I), (11), (13), (14), (15), and (16) amended and (1.5), (12.5), (16.5), and (18) added, p. 1058, � 3, effective January 1, 2006. L. 2010: (4) amended and (16.7) added, (HB 10-1243), ch. 385, p. 1804, � 3, effective August 11. L. 2021: (1.5), (2), and (12.5) amended and (3.5) and (19) added, (SB 21-260), ch. 250, p. 1429, � 36, effective June 17.
Cross references: For the legislative declaration contained in the 2005 act
amending subsections (1), (5), (9)(a), (9)(b)(I), (11), (13), (14), (15), and (16) and enacting subsections (1.5), (12.5), (16.5), and (18), see section 1 of chapter 269, Session Laws of Colorado 2005. For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.
C.R.S. § 43-4-604
43-4-604. Board of directors - powers and duties - director - conflict of interest. (1) (a) All powers, privileges, and duties vested in or imposed upon the authority shall be exercised and performed by and through the board. The board, by resolution, may delegate any of the powers of the board to any of the officers or agents of the board; except that, to ensure public participation in policy decisions, the board shall not delegate the following:
(I) Adoption of board policies and procedures;
(II) Approval of final roadway alignments;
(III) Ratification of acquisition of land by negotiated sale;
(IV) Instituting an eminent domain action, which may be at a public hearing or
in executive session;
(V) Initiating or continuing legal action, not including traffic or toll violations;
and
(VI) Establishment of fee policies.
(b) The board shall promulgate and adhere to policies and procedures that
govern its conduct and provide meaningful opportunities for public input. Such policies shall include standards and procedures for calling an emergency meeting.
(2) Any director of the board shall disqualify himself or herself from voting
on any issue with respect to which the director has a conflict of interest, unless the director has disclosed the conflict of interest in compliance with section 18-8-308, C.R.S.
(3) The board, in addition to all other powers conferred by this part 6, has the
following powers:
(a) To adopt bylaws;
(b) To fix the time and place of meetings, whether within or without the
boundaries of the authority, and the method of providing notice of the meetings;
(c) To make and pass orders and resolutions necessary for the government
and management of the affairs of the authority and the execution of the powers vested in the authority;
(d) To adopt and use a seal;
(e) To maintain offices at such place or places as the board may designate;
(f) To appoint, hire, and retain employees, agents, engineers, attorneys,
accountants, financial advisors, investment bankers, and other consultants;
(g) To prescribe methods for auditing and allowing or rejecting claims and
demands; for the letting of contracts for the construction of improvements, works, or structures; for the acquisition of equipment; or for the performance or furnishing of such labor, materials, or supplies as may be required for carrying out the purposes of this part 6;
(h) To appoint advisory committees and define the duties thereof;
(i) As applicable, to amend the contract that created the authority to the
extent that any amendment procedures specified in the contract pursuant to section 43-4-603 (2)(f) authorize the board, rather than the members of the combination that are parties to the contract, to amend the contract or to amend or replace the resolution authorizing the transportation planning organization to exercise the powers of an authority adopted as authorized by section 43-4-622; and
(j) To build, erect, alter, or repair structures for the purpose of housing
employees or contractors of an authority.
Source: L. 97: Entire part added, p. 484, � 1, effective August 6. L. 2000: (3)(i)
added, p. 1174, � 2, effective August 2. L. 2002: (1) amended, p. 403, � 5, effective August 7. L. 2021: (3)(i) amended, (SB 21-260), ch. 250, p. 1433, � 38, effective June 17. L. 2025: (3)(h) and (3)(i) amended and (3)(j) added, (SB 25-272), ch. 314, p. 1645, � 2, effective May 30.
Cross references: For the legislative declaration in SB 21-260, see section 1
of chapter 250, Session Laws of Colorado 2021.
C.R.S. § 43-4-705
43-4-705. Revenue anticipation notes - ballot issue. (1) Subject to the provisions of this part 7, the executive director, on behalf of the department, from time to time, may issue revenue anticipation notes for the purpose of financing any qualified federal aid transportation projects.
(2) (a) Subject to the provisions of this subsection (2), the principal of and
interest on revenue anticipation notes and any costs associated with the issuance and administration of such notes shall be payable solely from:
(I) Federal transportation funds and state matching funds that are allocated
on an annual basis for such purpose by the commission, in its sole discretion, in accordance with section 43-1-113;
(II) Any proceeds of such notes and any earnings from the investment of
such note proceeds pledged for such purpose; and
(II.5) Repealed.
(III) Any other revenues, funds, or other security pledged for such purpose
that do not constitute revenues or funds of the state.
(b) The owners or holders of the revenue anticipation notes may not look to
any other revenues of the state for the payment of the notes.
(c) (I) (A) The portion of the principal of and interest on revenue anticipation
notes and the costs associated with the issuance and administration of such notes that may be paid from federal transportation funds pursuant to federal law and any agreement between the United States department of transportation and the department or the political subdivision that is or is to be the initial recipient of such federal transportation funds, hereinafter referred to in this subsection (2) as the federal share of principal, interest, and costs, shall be paid from federal transportation funds that the commission, in its sole discretion, has allocated on an annual basis for this purpose in accordance with section 43-1-113.
(B) If federal transportation funds are not sufficient to pay the federal share
of principal, interest, and costs when due, the executive director shall request and the commission may grant such request to temporarily pay the federal share of principal, interest, and costs with state matching funds that the commission, in its sole discretion, has allocated on an annual basis for this purpose in accordance with section 43-1-113.
(II) Notwithstanding the provisions of section 43-1-220 (2)(c) and (2)(h), the
state highway fund, the state highway supplementary fund, or both, shall be reimbursed for the amount of moneys in said fund or funds used in accordance with subparagraph (I) of this paragraph (c) from federal transportation funds that the commission determines are not needed in the future to pay the federal share of principal, interest, and costs.
(d) No moneys credited to the state highway fund that are required to be
expended in accordance with the provisions of section 18 of article X of the state constitution shall be allocated and used to pay revenue anticipation notes financing any qualified federal aid transportation project that is not a state highway project or to pay any costs associated with the issuance and administration of such notes.
(3) (a) The executive director shall issue revenue anticipation notes pursuant
to a certificate executed by the executive director, a trust indenture between the executive director and any commercial bank or trust company having full trust powers, or any other instrument issued by the executive director.
(b) As the executive director deems appropriate, the certificate, trust
indenture, or other instrument authorizing revenue anticipation notes may contain such provisions setting forth the rights and remedies of the owners or holders of the revenue anticipation notes, may contain such provisions for protecting and enforcing the rights and remedies of the owners or holders of the revenue anticipation notes as the executive director deems appropriate, and may contain such other provisions that the executive director deems appropriate for the security of the owners or holders of the revenue anticipation notes. Such provisions may include, but shall not be limited to, provisions regarding letters of credit, insurance, stand-by credit agreements, or other forms of credit ensuring timely payment of the revenue anticipation notes, including the redemption price or the purchase price, and provisions regarding the reimbursement of providers of such credit out of revenues available for the payment of principal of and interest on the revenue anticipation notes for any amounts paid by such providers with respect to such notes.
(4) (a) Subject to the provisions of paragraph (b) of this subsection (4),
revenue anticipation notes may be issued in such aggregate principal amount, may be issued in one or more series, may bear such dates, may be in such denomination or denominations, may mature on any date or dates, may mature in such amount or amounts, may be in such form, may be payable at such place or places, may be subject to such terms of redemption with or without a premium, may contain such provisions as the executive director deems appropriate regarding insurance to ensure the timely payment of the notes, and may contain such other provisions not inconsistent with the provisions of this part 7 as the executive director may determine.
(b) The aggregate amount of annual installments of principal and interest on
all revenue anticipation notes issued pursuant to this part 7 that are scheduled to be paid during any given fiscal year, determined as of the date of issuance of each series of notes, shall not exceed an amount equal to fifty percent of the aggregate amount of federal transportation funds paid to the department during the fiscal year immediately preceding the fiscal year in which such series of notes is issued.
(5) The rate or rates of interest borne by the revenue anticipation notes may
be fixed, adjustable, or variable or any combination thereof without regard to any interest rate limitation appearing in any other law of this state. If any rate or rates are adjustable or variable, the standard, index, method, or formula shall be determined by the executive director.
(6) Revenue anticipation notes may be sold at public or private sale and may
be sold at, above, or below the principal amounts thereof. The sale of such notes shall not be subject to the Procurement Code, articles 101 to 112 of title 24, C.R.S.
(7) Revenue anticipation notes shall be signed on behalf of the department
by the executive director and the chief engineer of the department. Pursuant to article 55 of title 11, C.R.S., the signatures of the executive director and the chief engineer of the department may be facsimile signatures imprinted, engraved, stamped, or otherwise placed on the revenue anticipation notes. If all of the signatures on the revenue anticipation notes are facsimile signatures, provision shall be made for a manual authenticating signature on the revenue anticipation notes by or on behalf of a designated authenticating agent.
(8) The power to fix the date of sale of the revenue anticipation notes, to
receive bids or proposals, to award and sell revenue anticipation notes, to fix interest rates, and to take all other action necessary to sell and deliver the notes may be delegated to an agent of the executive director.
(9) Any outstanding revenue anticipation notes may be refunded by the
executive director pursuant to article 56 of title 11, C.R.S. All revenue anticipation notes are declared to be negotiable instruments.
(10) The executive director is authorized to engage the services of such
consultants, financial advisors, underwriters, bond insurers, letter of credit banks, rating agencies, agents, or other persons whose services may be required or deemed advantageous by the executive director in connection with such revenue anticipation notes. The executive director shall contract for such services in accordance with the Procurement Code, articles 101 to 112 of title 24, C.R.S.; except that contracting for services of bond insurers, letter of credit banks, and rating agencies shall not be subject to the Procurement Code.
(11) The executive director may, with respect to revenue anticipation notes
that have been issued or proposed revenue anticipation notes, enter into interest rate exchange agreements in accordance with article 59.3 of title 11, C.R.S.
(12) (a) The proceeds from the issuance of revenue anticipation notes that
are not otherwise pledged for the payment of such notes, state matching funds, or federal transportation funds, any of which have been allocated on an annual basis by the commission, in its sole discretion, in accordance with section 43-1-113 for the payment of revenue anticipation notes or any costs associated with the issuance and administration of such notes, are pledged and shall be used only for the purpose or purposes for which such revenues are allocated. The proceeds from the issuance of revenue anticipation notes that are pledged pursuant to section 43-4-707 (1) shall be used only for the purpose or purposes for which such revenues are pledged. Any such pledge shall be valid and binding from the time the commission makes the allocation; except that any pledge of revenue anticipation note proceeds pursuant to section 43-4-707 (1) shall be valid and binding from the date of issuance of such notes. The pledge shall create a valid security interest, and such revenues shall immediately be subject to the lien of the pledge and security interest without any physical delivery or further act, and the lien of the pledge and security interest shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the pledging party irrespective of whether such claiming party has notice of such lien. The instrument by which the pledge and security interest is created need not be recorded or filed in order to perfect such pledge and security interest.
(b) Notwithstanding any other provision of law to the contrary, including but
not limited to section 24-91-103.6, C.R.S., the lien of the pledge and security interest on any revenue anticipation note proceeds shall not affect the authority of the department to enter into contracts for the design and construction of any qualified federal aid transportation project.
(13) (a) Notwithstanding any other provision of this part 7 to the contrary, the
executive director shall have the authority to issue revenue anticipation notes pursuant to this part 7 only if voters statewide approve the ballot question submitted at the November 1999 statewide election pursuant to section 43-4-703 (1) and only then to the extent allowed under the maximum amounts of debt and repayment cost so approved.
(b) Repealed.
Source: L. 99: Entire part added, p. 1111, � 1, effective June 2. L. 2018: (2)(a)(II)
and (13) amended and (2)(a)(II.5) added, (SB 18-001), ch. 353, p. 2103, � 10, effective May 31. L. 2019: (13)(b)(I), (13)(b)(III), (13)(b)(IV), and (13)(b)(V) amended, (SB 19-263), ch. 334, p. 3085, � 5, effective May 29. L. 2020: (13)(b)(I), (13)(b)(III), (13)(b)(IV), (13)(b)(V)(B), and (13)(b)(V)(C) amended, (HB 20-1376), ch. 207, p. 1016, � 5, effective June 30. L. 2021: (2)(a)(II.5) and (13)(b) repealed, (SB 21-260), ch. 250, p. 1438, � 44, effective June 17; (13)(b)(III) amended, (HB 21-1316), ch. 325, p. 2064, � 81, effective July 1.
Editor's note: (1) The ballot question specified in subsection (13)(a) was
referred to the voters on November 2, 1999, and was approved by the voters with the following vote count:
FOR: 477,982
AGAINST: 296,971
(2) Subsection (13)(b)(III) was amended in HB 21-1316. Those amendments
were superseded by the repeal of subsection (13)(b) in SB 21-260.
Cross references: For the legislative declaration in SB 18-001, see section 1
of chapter 353, Session Laws of Colorado 2018. For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.
C.R.S. § 43-4-803
43-4-803. Definitions. As used in this part 8, unless the context otherwise requires:
(1) Authorized agent shall have the same meaning as set forth in section
42-1-102 (5), C.R.S.
(2) Bond means any bond, note, interim certificate, commercial paper,
contract, or other evidence of indebtedness of either the bridge enterprise or the transportation enterprise authorized by this part 8, including, but not limited to, any obligation to the United States in connection with a loan from or guaranteed by the United States.
(3) Bond obligations means the debt service on, and related costs and
obligations in connection with, bonds, including, without limitation:
(a) Payments with respect to principal, interest, prepayment premiums,
reserve funds, surplus funds, sinking funds, and costs of issuance;
(b) Payments related to any credit enhancement, liquidity support, or
interest rate protection for bonds;
(c) Fees and expenses of any trustee, bond registrar, paying agent,
authenticating agent, rebate analyst or consultant, calculation agent, remarketing agent, or credit enhancement, liquidity support, or interest rate protection provider;
(d) Coverage requirements; and
(e) Other costs, fees, and expenses related to the foregoing and any other
amounts required to be paid pursuant to the provisions of any documents authorizing the issuance of the bonds.
(4) Bridge enterprise means the statewide bridge and tunnel enterprise
created in section 43-4-805 (2).
(5) Bridge enterprise board means the board of directors of the bridge
enterprise.
(6) Bridge enterprise director means the director of the bridge enterprise
appointed pursuant to section 43-4-805 (2)(a)(I).
(7) Bridge special fund means the statewide bridge and tunnel enterprise
special revenue fund created in section 43-4-805 (3)(a).
(8) Commission means the transportation commission created in section
43-1-106 (1).
(9) Department means the department of transportation created in section
24-1-128.7, C.R.S.
(10) Designated bridge means every bridge, including any roadways,
sidewalks, or other infrastructure connected or adjacent to or required for the optimal functioning of the bridge, that:
(a) Is part of the state highway system, as described in section 43-2-101; and
(b) Has been identified by the department as structurally deficient or
functionally obsolete, and has been rated by the department as poor, as of January 1, 2009, or is subsequently so identified and rated by the department.
(11) Designated bridge project means a project that involves the repair,
reconstruction, replacement, or ongoing operation or maintenance, or any combination thereof, of a designated bridge by the bridge enterprise pursuant to an agreement between the bridge enterprise and the commission or department authorized by section 43-4-805 (5)(f). A fair-rated bridge may be included in a designated bridge project or other project involving the repair, replacement, or reconstruction of a designated bridge if including the fair-rated bridge is an efficient use of the bridge enterprise's resources and will result in cost savings or schedule acceleration for a project that will improve safety.
(12) Executive director means the executive director of the department.
(12.5) Fair-rated bridge means every bridge, including any roadways,
sidewalks, or other infrastructure connected to, adjacent to, or required for the optimal functioning of the bridge, that:
(a) Is part of the state highway system, as described in section 43-2-101; and
(b) The department has rated as fair.
(12.7) Good-rated bridge means every bridge, including any roadways,
sidewalks, or other infrastructure connected to, adjacent to, or required for the optimal functioning of the bridge, that:
(a) Is part of the state highway system, as described in section 43-2-101; and
(b) The department has rated as good.
(13) (a) Grant means any direct cash subsidy or other direct contribution of
money from the state or any local government in the state to the bridge enterprise or the transportation enterprise that is not required to be repaid.
(b) Grant does not include any of the following or any interest or income
derived from the deposit and investment of the following:
(I) Any indirect benefit conferred upon the bridge enterprise or the
transportation enterprise from the state or any local government in the state;
(II) Any federal funds received by the bridge enterprise or the transportation
enterprise, regardless of whether the federal funds pass through the state or any local government in the state prior to receipt by the enterprise;
(III) Any revenues of the bridge enterprise from the bridge safety surcharge
imposed by the enterprise pursuant to section 43-4-805 (5)(g) or revenues of the bridge enterprise or the transportation enterprise from any other authorized rate, fee, assessment, or other charge imposed by either enterprise for the provision of goods or services by the enterprise;
(IV) Any money paid or advanced to the bridge enterprise or the
transportation enterprise by the state, a local government or group of local governments, an authority, or any other government-owned business or governmental entity in exchange for an agreement by either enterprise to complete a designated bridge project, a preventative maintenance bridge project, or a surface transportation infrastructure project; or
(V) Any money loaned by the commission to the bridge enterprise pursuant
to section 43-4-805 (4) or (5)(r) or the transportation enterprise pursuant to section 43-4-806 (4).
(14) Highway means a road and related improvements and services. A
highway may consist of improvements and services, including, but not limited to, paving, grading, landscaping, curbs, gutters, culverts, sidewalks, bikeways, lighting, bridges, overpasses, underpasses, rail crossings, shoulders, frontage roads, access roads, interchanges, drainage facilities, transit lanes and services, park-and-ride facilities, traffic demand management facilities and services, other multimodal improvements and services, toll collection facilities, service areas, administrative or maintenance facilities, gas, electric, water, sewer, and other utilities located or to be located in the right-of-way of the highway, and other real or personal property, including easements, rights-of-way, open space, and other interests therein, relating to the financing, construction, operation, or maintenance of the highway.
(15) Issuing enterprise means, with respect to the issuance of bonds as
authorized by this part 8, either the bridge enterprise or the transportation enterprise.
(16) Local government means a municipality, county, or city and county.
(17) Metropolitan planning organization means a metropolitan planning
organization under the Federal Transit Act of 1998, 49 U.S.C. sec. 5301 et seq., as amended.
(17.5) Preventative maintenance bridge project means a project that
involves a treatment or strategy to extend the service life of a fair-rated or good-rated bridge by preventing, delaying, or reducing the deterioration of a bridge.
(18) Public-private partnership means an agreement, including, but not
limited to, an operating concession agreement between the bridge enterprise or the transportation enterprise and one or more private or public entities that provides for:
(a) Acceptance of a private contribution to a surface transportation
infrastructure project in exchange for a public benefit concerning the project other than only a money payment;
(b) Sharing of resources and the means of providing surface transportation
infrastructure projects; or
(c) Cooperation in researching, developing, and implementing surface
transportation infrastructure projects.
(19) Public transportation vehicle means a motor vehicle that is part of
vehicular service that transports the general public and that is provided by a public transportation district or by a local government.
(20) Regional planning commission means a regional planning commission
formed under the provisions of section 30-28-105, C.R.S., that prepares and submits a transportation plan pursuant to section 43-1-1103.
(21) Road safety project means:
(a) A construction, reconstruction, or maintenance project that the
commission determines is needed to enhance the safety of a state highway, a county determines is needed to enhance the safety of a county road, or a municipality determines is needed to enhance the safety of a city street; or
(b) A project that improves transportation system infrastructure or otherwise
implements data-driven strategies that reduce the number of collisions with motor vehicles that result in death or serious injury to vulnerable road users. Eligible projects include, but are not limited to, projects that meet or exceed the department's cost-to-benefit ratio for safety projects and:
(I) Separate users in space, such as separated bike lanes, walkways, crossing
improvements, and pedestrian refuge islands; or
(II) Increase attentiveness and awareness, such as crosswalk visibility
enhancements, pedestrian hybrid beacons, and lighting.
(22) Surface transportation infrastructure means a highway, a bridge other
than a designated bridge, or any other infrastructure, facility, or equipment used primarily or in large part to transport people and move freight on systems that operate on or are affixed to the ground, including passenger rail, bus, or other public transportation vehicles.
(23) Surface transportation infrastructure project means the planning,
designing, engineering, acquisition, installation, construction, repair, reconstruction, maintenance, or operation of a defined amount of surface transportation infrastructure by:
(a) The transportation enterprise; or
(b) A partner of the transportation enterprise under the terms of a public-private partnership.
(23.5) Surface transportation infrastructure project network means all
existing or planned surface transportation infrastructure projects.
(24) Transportation enterprise means the high-performance transportation
enterprise created in section 43-4-806 (2)(a).
(25) Transportation enterprise board means the board of directors of the
transportation enterprise.
(26) Transportation enterprise director means the director of the
transportation enterprise appointed pursuant to section 43-4-806 (2)(b).
(26.2) Transportation special fund means the statewide transportation
enterprise special revenue fund created in section 43-4-806 (3)(a).
(26.5) Tunnel project means a project to repair, maintain, or enhance the
operation of any tunnel that is part of the state highway system.
(27) User fee means compensation to be paid to the transportation
enterprise or a partner of the transportation enterprise, including the congestion impact fee imposed by the transportation enterprise pursuant to section 43-4-806 (7.6), for the privilege of either using surface transportation infrastructure constructed or operated by the transportation enterprise or operated by its partner under the terms of a public-private partnership or benefitting from the reduced congestion on and improved condition of other surface transportation infrastructure in the state resulting from the availability of surface transportation infrastructure constructed or operated by the transportation enterprise or operated by its partner under the terms of a public-private partnership and from the opportunity to use such surface transportation infrastructure constructed or operated by the transportation enterprise and such other less congested and improved surface transportation infrastructure.
(28) Vehicle means a motor vehicle as defined in section 42-1-102 (58),
C.R.S.; except that, for purposes of the imposition of any surcharge, fee, or fine imposed pursuant this part 8 in connection with a vehicle required to be registered pursuant to the provisions of article 3 of title 42, C.R.S., vehicle also includes any vehicle without motive power that is required to be registered.
(29) Vulnerable road user means a nonmotorist with a fatality analysis
reporting system person attribute code for a pedestrian, bicyclist, other cyclist, and person on a personal conveyance or an injured person that is, or is equivalent to, a pedestrian or pedal cyclist as defined in the ANSI D16.1-2007 in accordance with 23 U.S.C. sec. 148 (a)(15) and 23 CFR 490.205. Vulnerable road user does not include a motorcyclist but does include:
(a) An individual who is walking, biking, or rolling;
(b) A highway worker on foot in a work zone, given they are considered a
pedestrian.
Source: L. 2009: Entire part R&RE, (SB 09-108), ch. 5, p. 12, � 1, effective
March 2. L. 2021: (4) and (7) amended and (26.5) added, (SB 21-260), ch. 250, p. 1440, � 46, effective June 17. L. 2023: (11), (13)(b)(IV), and (13)(b)(V) amended and (12.5), (12.7), and (17.5) added, (HB 23-1276), ch. 194, p. 969, � 2, effective August 7. L. 2024: (11), (22), and (27) amended and (23.5) added, (SB 24-184), ch. 186, p. 1053, � 11, effective May 16; (21) amended and (29) added, (SB 24-195), ch. 432, p. 3032, � 4, effective June 5. L. 2025: (26.2) added, (SB 25-275), ch. 377, p. 2107, � 329, effective August 6.
Editor's note: This section is similar to former � 43-4-802 as it existed prior
to 2009, and the former � 43-4-803 was relocated to �� 43-4-805 and 43-4-806.
Cross references: For the legislative declaration in SB 21-260, see section 1
of chapter 250, Session Laws of Colorado 2021. For the legislative declaration in SB 24-184, see section 1 of chapter 186, Session Laws of Colorado 2024.
C.R.S. § 43-4-805
43-4-805. Statewide bridge enterprise - creation - board - funds - powers and duties - legislative declaration - definitions. (1) The general assembly hereby finds and declares that:
(a) The completion of designated bridge projects, preventative maintenance
bridge projects, and tunnel projects is essential to address increasing traffic congestion and delays, hazards, injuries, and fatalities;
(b) Due to the limited availability of state and federal funding and the need
to accomplish the financing, repair, reconstruction, and replacement of designated bridges; the completion of preventative maintenance bridge projects; and the completion of tunnel projects as promptly and efficiently as possible, it is necessary to create a statewide bridge and tunnel enterprise and to authorize the enterprise to:
(I) Enter into agreements with the commission or the department to finance,
repair, reconstruct, and replace designated bridges, complete preventative maintenance bridge projects, and complete tunnel projects in the state; and
(II) Impose a bridge safety surcharge, a bridge and tunnel impact fee, and a
bridge and tunnel retail delivery fee at rates reasonably calculated to defray the costs of completing designated bridge projects, preventative maintenance bridge projects, and tunnel projects and distribute the burden of defraying the costs in a manner based on the benefits received by persons paying the fees and using designated bridges and tunnels and receiving retail deliveries, receive and expend revenue generated by the surcharge and fees and other money, issue revenue bonds and other obligations, contract with the state, if required approvals are obtained, to receive one or more loans of money received by the state under the terms of one or more financed purchase of an asset or certificate of participation agreements authorized by this part 8, expend revenue generated by the surcharge to repay any such loan or loans received, and exercise other powers necessary and appropriate to carry out its purposes; and
(c) The creation of a statewide bridge and tunnel enterprise is in the public
interest and will promote the health, safety, and welfare of all Coloradans and visitors to the state by providing bridges and repairing, maintaining, and operating tunnels in a manner that incorporates the benefits of advanced engineering design, experience, and safety.
(2) (a) (I) The scope of the existing statewide bridge enterprise created in this
subsection (2)(a)(I) in 2009 is hereby expanded to include designated bridge projects, preventative maintenance bridge projects, and surface transportation infrastructure projects for tunnels, and the name of the expanded enterprise is the statewide bridge and tunnel enterprise. The bridge enterprise is and operates as a government-owned business within the department. The commission shall serve as the bridge enterprise board and shall, with the consent of the executive director, appoint a bridge enterprise director who shall possess such qualifications as may be established by the commission and the state personnel board. The bridge enterprise director shall oversee the discharge of all responsibilities of the bridge enterprise and shall serve at the pleasure of the bridge enterprise board.
(II) The bridge enterprise and the bridge enterprise director are type 1
entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department.
(b) The business purpose of the bridge enterprise is to finance, repair,
reconstruct, and replace any designated bridge in the state, complete preventative maintenance bridge projects, and complete tunnel projects and, as agreed upon by the enterprise and the commission, or the department to the extent authorized by the commission, to maintain the bridges it finances, repairs, reconstructs, and replaces. To allow the bridge enterprise to accomplish this purpose and fully exercise its powers and duties through the bridge enterprise board, the bridge enterprise may:
(I) Impose a bridge safety surcharge, a bridge and tunnel impact fee, and a
bridge and tunnel retail delivery fee as authorized by subsections (5)(g), (5)(g.5), and (5)(g.7) of this section;
(II) Issue revenue bonds payable from the revenues and other available
money of the bridge enterprise pledged for their payment as authorized in section 43-4-807; and
(III) Contract with any other governmental or nongovernmental source of
funding for loans or grants, including, but not limited to, one or more loans from the state of money received by the state pursuant to the terms of one or more financed purchase of an asset or certificate of participation agreements authorized pursuant to subsection (5)(r) of this section, to be used to support bridge enterprise functions.
(c) The bridge enterprise constitutes an enterprise for purposes of section
20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total revenues in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (2)(c), the bridge enterprise shall not be subject to any provisions of section 20 of article X of the state constitution. Consistent with the determination of the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, the general assembly finds and declares that a bridge safety surcharge, a bridge and tunnel impact fee, or a bridge and tunnel retail delivery fee imposed by the bridge enterprise as authorized by subsection (5)(g), (5)(g.5), or (5)(g.7) of this section is not a tax but is instead a fee imposed by the bridge enterprise to defray the cost of completing designated bridge projects, preventative maintenance bridge projects, and tunnel projects that the enterprise provides as a specific service to the persons upon whom the fee is imposed and at rates reasonably calculated based on the benefits received by such persons.
(3) (a) The statewide bridge and tunnel enterprise special revenue fund,
referred to in this part 8 as the bridge special fund, is hereby created in the state treasury. All revenue received by the bridge enterprise, including, but not limited to, revenue from a bridge safety surcharge imposed as authorized by subsection (5)(g) of this section, revenue from a bridge and tunnel impact fee imposed as authorized by subsection (5)(g.5) of this section, revenue from a bridge and tunnel retail delivery fee imposed as authorized by subsection (5)(g.7) of this section, and any money loaned to the enterprise by the state pursuant to subsection (5)(r) of this section, shall be deposited into the bridge special fund. The bridge enterprise board may establish separate accounts within the bridge special fund as needed in connection with any specific designated bridge project, preventative maintenance bridge project, or tunnel project. The bridge enterprise also may deposit or permit others to deposit other money into the bridge special fund, but in no event may revenue from any tax otherwise available for general purposes be deposited into the bridge special fund. The state treasurer, after consulting with the bridge enterprise board, shall invest any money in the bridge special fund, including any surplus or reserves, but excluding any proceeds from the sale of bonds or earnings on such proceeds invested pursuant to section 43-4-807 (2), that are not needed for immediate use. Such money may be invested in the types of investments authorized in sections 24-36-109, 24-36-112, and 24-36-113.
(b) All interest and income derived from the deposit and investment of
money in the bridge special fund shall be credited to the bridge special fund and, if applicable, to the appropriate designated bridge project account, preventative maintenance bridge project account, or tunnel project account. Money in the bridge special fund shall be continuously appropriated to the bridge enterprise for the purposes set forth in this part 8. All money deposited in the bridge special fund shall remain in the bridge special fund for the purposes set forth in this part 8, and no part of the bridge special fund shall be used for any other purpose.
(c) The bridge enterprise board has exclusive authority to budget and
approve the expenditure of money in the bridge special fund. The bridge enterprise may expend money in the bridge special fund to pay for:
(I) Bond or loan obligations;
(II) The administration, planning, financing, repair, reconstruction,
replacement, or maintenance of a designated bridge;
(III) The completion of preventative maintenance bridge projects;
(IV) The administration, planning, financing, repair, replacement,
reconstruction, or maintenance of a fair-rated bridge if the repair, replacement, or reconstruction is included as part of a designated bridge project or other project involving the repair, replacement, or reconstruction of a designated bridge. A fair-rated bridge may be included in a designated bridge project or other project involving the repair, replacement, or reconstruction of a designated bridge if including the fair-rated bridge is an efficient use of the bridge enterprise's resources and will result in cost savings or schedule acceleration for a project that will improve safety.
(V) The completion of tunnel projects;
(VI) The acquisition of land to the extent required in connection with any
designated bridge project; and
(VII) The operating costs and expenses of the bridge enterprise.
(4) The commission may transfer money from the state highway fund
created in section 43-1-219 to the bridge enterprise for the purpose of defraying expenses incurred by the enterprise prior to the receipt of bond proceeds or revenue by the enterprise. The bridge enterprise may accept and expend any money so transferred, and, notwithstanding any state fiscal rule or generally accepted accounting principle that could otherwise be interpreted to require a contrary conclusion, such a transfer shall constitute a loan from the commission to the bridge enterprise and shall not be considered a grant for purposes of section 20 (2)(d) of article X of the state constitution. As the bridge enterprise receives sufficient revenues in excess of expenses, the enterprise shall reimburse the state highway fund for the principal amount of any loan from the state highway fund made by the commission plus interest at a rate set by the commission. Any money loaned from the state highway fund to the bridge enterprise pursuant to this section shall be deposited into a fund to be known as the statewide bridge and tunnel enterprise operating fund, which fund is hereby created, and shall not be deposited into the bridge special fund. Money from the bridge special fund may, however, be used to reimburse the state highway fund for the amount of any loan from the state highway fund or any interest thereon.
(5) In addition to any other powers and duties specified in this section, the
bridge enterprise board has the following powers and duties:
(a) To supervise and advise the bridge enterprise director;
(b) To adopt bylaws for the regulation of its affairs and the conduct of its
business;
(c) To issue revenue bonds, payable solely from the bridge special fund, for
the purpose of paying the cost of financing, repairing, reconstructing, replacing, and maintaining designated bridges or fair-rated bridges if the fair-rated bridges are included as part of designated bridge projects or other projects pursuant to subsection (3)(c)(IV) of this section, completing preventative maintenance bridge projects, and completing tunnel projects;
(d) To acquire, hold title to, and dispose of real and personal property as
necessary in the exercise of its powers and performance of its duties;
(e) To acquire, by purchase, gift, or grant, or, subject to the requirements of
articles 1 to 7 of title 38, C.R.S., by condemnation, any and all rights-of-way, lands, buildings, moneys, or grounds necessary or convenient for its authorized purposes;
(f) To enter into an agreement with the commission, or the department to the
extent authorized by the commission, under which the bridge enterprise agrees to finance, repair, reconstruct, replace, and, if any given agreement so specifies, maintain a designated bridge or a fair-rated bridge if the fair-rated bridge is included as part of a designated bridge project or other project pursuant to subsection (3)(c)(IV) of this section;
(g) (I) As necessary for the achievement of its business purpose, to impose a
bridge safety surcharge, which, except as otherwise provided in subsections (5)(g)(III) and (5)(g)(VII) of this section, is imposed on and after July 1, 2009, for any registration period that commences on or after July 1, 2009, or on and after such later date as may be determined by the bridge enterprise, for any registration period that commences on or after the later date, upon the registration of any vehicle for which a registration fee must be paid pursuant to part 3 of article 3 of title 42 and is also imposed upon any item of special mobile machinery that is covered by a registration exempt certificate issued by the department of revenue in accordance with section 42-3-107 (16)(g). Except as otherwise provided in subsections (5)(g)(IV), (5)(g)(V), and (5)(g)(VI) of this section, the amount of the surcharge must not exceed:
(A) Thirteen dollars for a motorcycle, as defined in section 42-1-102 (55); a
trailer coach, as defined in section 42-1-102 (106); or any vehicle that weighs two thousand pounds or less;
(B) Eighteen dollars for any vehicle that weighs more than two thousand
pounds but not more than five thousand pounds;
(C) Twenty-three dollars for any vehicle that weighs more than five thousand
pounds but not more than ten thousand pounds;
(D) Twenty-nine dollars for any vehicle that is a passenger bus or that
weighs more than ten thousand pounds but not more than sixteen thousand pounds; and
(E) Thirty-two dollars for any vehicle that weighs more than sixteen
thousand pounds.
(II) The bridge safety surcharge shall be imposed when a vehicle is
registered as required by article 3 of title 42 or, for an item of special mobile machinery that is covered by a registration exempt certificate issued by the department of revenue in accordance with section 42-3-107 (16)(g), at the time set forth in section 42-3-107 (16)(g)(III). Each authorized agent shall remit to the department of revenue no less frequently than once a month, but otherwise at the time and in the manner required by the executive director of the department of revenue, all bridge safety surcharges collected by the authorized agent. The executive director of the department of revenue shall forward all bridge safety surcharges remitted by authorized agents plus any bridge safety surcharges collected directly by the department of revenue to the state treasurer, who shall credit the surcharges to the bridge special fund.
(III) The bridge safety surcharge shall not be imposed on any rental vehicle
on which a daily vehicle rental fee is imposed pursuant to section 43-4-804 (1)(b).
(IV) The amount of the bridge safety surcharge imposed on any vehicle that
is an item of Class A personal property, as defined in section 42-3-106 (2)(a), C.R.S., shall be the product of the amount of the surcharge imposed based on the weight of the vehicle pursuant to subparagraph (I) of this paragraph (g) and the percentage of the item's total apportioned registration apportioned to Colorado.
(V) The maximum amount of the bridge safety surcharge that the bridge
enterprise may impose pursuant to subparagraph (I) of this paragraph (g) for any annual vehicle registration period commencing during the 2009-10 fiscal year shall be one-half of the maximum amount of the surcharge specified in said subparagraph (I), and the maximum amount of the bridge safety surcharge that the bridge enterprise may impose pursuant to subparagraph (I) of this paragraph (g) for any vehicle registration period commencing during the 2010-11 fiscal year shall be seventy-five percent of the maximum amount of the surcharge specified in said subparagraph (I).
(VI) The amount of any bridge safety surcharge imposed pursuant to this
paragraph (g) shall be one-half of the amount of the surcharge imposed pursuant to subparagraph (I) of this paragraph (g) for any vehicle that is a truck or truck tractor that is owned by a farmer or rancher and is used commercially only:
(A) To transport to market or place of storage raw agricultural products
actually produced or livestock actually raised by the farmer or rancher in farming or ranching operations; or
(B) To transport commodities or livestock purchased by the farmer or
rancher for personal use in the farmer's or rancher's farming or ranching operations.
(VII) The bridge safety surcharge is not imposed on any vehicle for which the
department of revenue has issued a horseless carriage special license plate pursuant to section 42-12-301, C.R.S.
(VIII) Each vehicle registration fee invoice shall list the bridge safety
surcharge separately from all other vehicle registration fees or surcharges imposed.
(g.5) (I) In furtherance of its business purpose, to impose a bridge and tunnel
impact fee to be paid in the amount imposed by the bridge enterprise as authorized by subsection (5)(g.5)(II) or (5)(g.5)(III) of this section by each distributor of special fuel, as defined in section 43-4-217 (2)(c), that pays the excise tax imposed on special fuel pursuant to article 27 of title 39, at the same time and in the same manner as the excise tax and the road usage fee imposed pursuant to section 43-4-217 (3) and (4). For the purpose of minimizing compliance costs for distributors and administrative costs for the state, the department of revenue shall collect and administer the bridge and tunnel impact fee on behalf of the bridge enterprise in the same manner in which it collects and administers the excise tax and the road usage fee imposed pursuant to section 43-4-217 (3) and (4).
(II) For each gallon of special fuel acquired, sold, offered for sale, or used in
this state during state fiscal years 2022-23 through 2031-32, the bridge enterprise shall impose the bridge and tunnel impact fee in an amount of up to:
(A) Two cents per gallon for state fiscal year 2022-23;
(B) Three cents per gallon for state fiscal year 2023-24;
(C) Four cents per gallon for state fiscal year 2024-25;
(D) and (E) Repealed.
(F) Seven cents per gallon for state fiscal years 2025-26 and 2026-27; and
(G) Eight cents per gallon for state fiscal years 2027-28 through 2031-32.
(III) For each gallon of special fuel acquired, sold, offered for sale, or used in
this state during state fiscal year 2032-33 or during any subsequent state fiscal year, the bridge enterprise shall impose the bridge and tunnel impact fee in an amount of up to the maximum amount of the fee for the prior state fiscal year adjusted for inflation. The bridge enterprise shall notify the department of revenue of the amount of the bridge and tunnel impact fee to be collected for each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins, and the department of revenue shall publish the amount no later than April 15 of the calendar year in which the state fiscal year begins.
(IV) As used in this subsection (5)(g.5), inflation means the average annual
percentage change in the United States department of transportation, federal highway administration, national highway construction cost index or its applicable predecessor or successor index for the five-year period ending on the last December 31 before a state fiscal year for which an adjustment to the bridge and tunnel impact fee imposed as authorized by this subsection (5)(g.5) is to be made begins.
(g.7) (I) In furtherance of its business purpose, beginning in state fiscal year
2022-23, the bridge enterprise shall impose, and the department of revenue shall collect on behalf of the bridge enterprise, a bridge and tunnel retail delivery fee on each retail delivery. Each retailer who makes a retail delivery shall either collect and remit or elect to pay the bridge and tunnel retail delivery fee in the manner prescribed by the department in accordance with section 43-4-218 (6). For the purpose of minimizing compliance costs for retailers and administrative costs for the state, the department of revenue shall collect and administer the bridge and tunnel retail delivery fee on behalf of the bridge enterprise in the same manner in which it collects and administers the retail delivery fee imposed by section 43-4-218 (3).
(II) For retail deliveries of tangible personal property purchased during state
fiscal year 2022-23, the bridge enterprise shall impose the bridge and tunnel retail delivery fee in a maximum amount of two and seven-tenths cents.
(III) (A) Except as otherwise provided in subsection (5)(g.7)(III)(B) of this
section, for retail deliveries of tangible personal property purchased during state fiscal year 2023-24 or during any subsequent state fiscal year, the bridge enterprise shall impose the bridge and tunnel retail delivery fee in a maximum amount that is the maximum amount for the prior state fiscal year adjusted for inflation. The bridge enterprise shall notify the department of revenue of the amount of the bridge and tunnel retail delivery fee to be collected for retail deliveries of tangible personal property purchased during each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins, and the department of revenue shall publish the amount no later than April15 of the calendar year in which the state fiscal year begins.
(B) The bridge enterprise is authorized to adjust the amount of the bridge
and tunnel retail delivery fee for retail deliveries of tangible personal property purchased during a state fiscal year only if the department of revenue adjusts the amount of the retail delivery fee imposed by section 43-4-218 (3) for retail deliveries of tangible personal property purchased during the state fiscal year.
(IV) As used in this subsection (5)(g.7):
(A) Inflation means the average annual percentage change in the United
States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index, for the five years ending on the last December 31 before a state fiscal year for which an inflation adjustment to be made to the bridge and tunnel retail delivery fee imposed pursuant to this subsection (5)(g.7) begins.
(B) Retail delivery has the same meaning as set forth in section 43-4-218
(2)(e).
(C) Retailer has the same meaning as set forth in section 39-26-102 (8).
(h) To make and enter into contracts or agreements with a private entity, to
facilitate a public-private initiative pursuant to sections 43-1-1203 and 43-1-1204, including, but not limited to:
(I) An agreement pursuant to which the bridge enterprise or the enterprise
on behalf of the department operates, maintains, or provides services or property in connection with a designated bridge project, preventative maintenance bridge project, or tunnel project;
(II) An agreement pursuant to which a private entity designs, develops,
constructs, reconstructs, repairs, operates, or maintains all or any portion of a designated bridge project on behalf of the bridge enterprise; and
(III) An agreement pursuant to which a private entity participates in or
completes a preventative maintenance bridge project or tunnel project.
(i) To make and to enter into all other contracts or agreements, including, but
not limited to, design-build contracts, as defined in section 43-1-1402 (3), and intergovernmental agreements pursuant to section 29-1-203, C.R.S., that are necessary or incidental to the exercise of its powers and performance of its duties;
(j) To employ or contract for the services of consulting engineers or other
experts as are necessary in its judgment to carry out its powers and duties;
(k) To prepare, or cause to be prepared, detailed plans, specifications, or
estimates for any designated bridge project, preventative maintenance bridge project, or tunnel project within the state;
(l) In connection with any designated bridge project, to acquire, finance,
repair, reconstruct, replace, operate, and maintain any designated bridge within the state or any fair-rated bridge if the fair-rated bridge is included as part of a designated bridge project pursuant to subsection (3)(c)(IV) of this section;
(m) To set and adopt, on an annual basis, a budget for the bridge enterprise;
(n) To purchase, trade, exchange, acquire, buy, sell, lease, dispose of, or
encumber real or personal property or any interest therein, including easements and rights-of-way, without restriction or limitation;
(o) To enter into interest rate exchange agreements for bonds that have
been issued in accordance with article 59.3 of title 11, C.R.S.;
(p) Pursuant to section 24-1-107.5, to establish, create, and approve
nonprofit entities and bonds issued by or on behalf of such nonprofit entities for the purpose of completing a designated bridge project, preventative maintenance bridge project, or tunnel project, to accept the assets of any such nonprofit entity, to obtain an option to acquire the assets of any such nonprofit entity by paying its bonds, to appoint or approve the appointment of members of the governing board of any such nonprofit entity, and to remove the members of the governing board of any such nonprofit entity for cause;
(q) To transfer money, property, or other assets of the bridge enterprise to
the department to the extent necessary to implement the financing of any designated bridge project, preventative maintenance bridge project, or tunnel project, or for any other purpose authorized in this part 8;
(r) (I) To contract with the state to borrow money under the terms of one or
more loan contracts entered into by the state and the bridge enterprise pursuant to subsection (5)(r)(III) of this section, to expend any money borrowed from the state for the purpose of completing designated bridge projects, preventative maintenance bridge projects, and tunnel projects and for any other authorized purpose that constitutes the construction, supervision, and maintenance of the public highways of this state for purposes of section 18 of article X of the state constitution, and to use revenue generated by any bridge safety surcharge, bridge and tunnel impact fee, or bridge and tunnel retail delivery fee imposed pursuant to subsection (5)(g), (5)(g.5), or (5)(g.7) of this section and any other legally available money of the bridge enterprise to repay the money borrowed and any other amounts payable under the terms of the loan contract.
(II) If the bridge enterprise board seeks to enter into a contract to borrow
money from the state as authorized by subsection (5)(r)(I) of this section, the board shall provide the governor with a list of designated bridge projects, preventative maintenance bridge projects, or tunnel projects to be financed with the borrowed money and a statement of both the total amount of the loan requested and the estimated amount of the loan that will be used to fund each project on the list. If the governor determines, in the governor's sole discretion, that lending money to the bridge enterprise as requested by the enterprise, or lending a lesser amount of money to the enterprise, is in the best interest of the state, the governor, after consultation with the executive director of the department of personnel and the state treasurer, shall prepare and provide to the state treasurer a list of state buildings or other state capital facilities that the state, acting by and through the state treasurer, may sell or lease and lease back pursuant to the terms of one or more financed purchase of an asset or certificate of participation agreements that the state, acting by and through the state treasurer, may enter into pursuant to subsection (5)(r)(III) of this section. When providing the list, the governor shall also specify to the state treasurer the maximum permitted principal amount of any loan that may be made to the bridge enterprise under the terms of any loan contract that the state, acting by and through the state treasurer, may enter into pursuant to subsection (5)(r)(III)(A) of this section.
(III) (A) If the state treasurer receives a list from the governor pursuant to
subsection (5)(r)(II) of this section, the state, acting by and through the state treasurer, may enter into a loan contract with the bridge enterprise and may raise the money needed to make a loan pursuant to the terms of the loan contract by selling or leasing one or more of the state buildings or other state capital facilities on the list. The state treasurer shall have sole discretion to enter into a loan contract on behalf of the state and to determine the amount of a loan; except that the principal amount of a loan shall not exceed the maximum amount specified by the governor pursuant to subsection (5)(r)(II) of this section. The state treasurer shall also have sole discretion to determine the timing of the entry of the state into any loan contract or the sale or lease of one or more state buildings or other state capital facilities. The loan contract shall require the bridge enterprise to pledge to the state all or a portion of the revenues of any bridge safety surcharge, bridge and tunnel impact fee, or bridge and tunnel retail delivery fee imposed pursuant to subsection (5)(g), (5)(g.5), or (5)(g.7) of this section for the repayment of the loan and may also require the bridge enterprise to pledge to the state any other legally available revenue of the bridge enterprise. Any loan contract entered into by the state, acting by and through the state treasurer, and the bridge enterprise pursuant to this subsection (5)(r)(III)(A) and any pledge of revenue by the bridge enterprise pursuant to such a loan contract shall be only for the benefit of, and enforceable only by, the state and the bridge enterprise. Specifically, but without limiting the generality of said limitation, no such loan contract or pledge shall be for the benefit of, or enforceable by, a seller under a financed purchase of an asset or certificate of participation agreement entered into pursuant to this subsection (5)(r)(III), an owner of any instrument evidencing rights to receive rentals or other payments made and to be made under such a financed purchase of an asset or certificate of participation agreement as authorized by subsection (5)(r)(IV)(B) of this section, a party to any ancillary agreement or instrument entered into pursuant to subsection (5)(r)(V) of this section, or a party to any interest rate exchange agreement entered into pursuant to subsection (5)(r)(VII)(A) of this section.
(B) The state, acting by and through the state treasurer, may enter into one
or more financed purchase of an asset or certificate of participation agreements with respect to the state buildings or other capital facilities sold or leased pursuant to subsection (5)(r)(III)(A) of this section with any for-profit or nonprofit corporation, trust, or commercial bank acting as a trustee, as the seller.
(C) Any financed purchase of an asset or certificate of participation
agreement authorized pursuant to subsection (5)(r)(III)(B) of this section shall provide that all of the obligations of the state under the agreement shall be subject to the action of the general assembly in annually making money available for all payments thereunder.
(D) Any financed purchase of an asset or certificate of participation
agreement authorized pursuant to subsection (5)(r)(III)(B) of this section shall also provide that the obligations of the state under the agreement shall not be deemed or construed as creating an indebtedness of the state within the meaning of any provision of the state constitution or the laws of this state concerning or limiting the creation of indebtedness by the state, and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4)(a) of article X of the state constitution. If the state does not renew a financed purchase of an asset or certificate of participation agreement authorized pursuant to subsection (5)(r)(III)(B) of this section, the sole security available to the seller shall be the property that is the subject of the nonrenewed financed purchase of an asset or certificate of participation agreement.
(IV) (A) Any financed purchase of an asset or certificate of participation
agreement authorized pursuant to subsection (5)(r)(III)(B) of this section may contain such terms, provisions, and conditions as the state treasurer, acting on behalf of the state, may deem appropriate, including all optional terms; except that each financed purchase of an asset or certificate of participation agreement shall specifically authorize the state to receive fee title to all real and personal property that is the subject of the financed purchase of an asset or certificate of participation agreement on or prior to the expiration of the terms of the financed purchase of an asset or certificate of participation agreement upon payment of all amounts payable under the terms of the financed purchase of an asset or certificate of participation agreement and any amount required to be paid to remove liens or encumbrances on or claims with respect to the property that is the subject of the financed purchase of an asset or certificate of participation agreement, including, but not limited to, liens, encumbrances, or claims relating to any ancillary agreement or instrument entered into pursuant to subsection (5)(r)(VII)(A) of this section. Any title to such property received by the state on or prior to the expiration of the terms of the financed purchase of an asset or certificate of participation agreement shall be held for the benefit and use of the state.
(B) Any financed purchase of an asset or certificate of participation
agreement authorized pursuant to subsection (5)(r)(III)(B) of this section may provide for the issuance, distribution, and sale of instruments evidencing rights to receive rentals and other payments made and to be made under the financed purchase of an asset or certificate of participation agreement. The instruments may be issued, distributed, or sold only by the seller or any person designated by the seller and not by the state. The instruments shall not create a relationship between the purchasers of the instruments and the state or create any obligation on the part of the state to the purchasers. The instruments shall not be notes, bonds, or any other evidence of indebtedness of the state within the meaning of any provision of the state constitution or the law of the state concerning or limiting the creation of indebtedness of the state and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4)(a) of article X of the state constitution.
(C) Interest paid under a financed purchase of an asset or certificate of
participation agreement authorized pursuant to subsection (5)(r)(III)(B) of this section, including interest represented by the instruments, shall be exempt from state income tax.
(V) The state, acting by and through the state treasurer, may enter into
ancillary agreements and instruments deemed necessary or appropriate in connection with a financed purchase of an asset or certificate of participation agreement authorized pursuant to subsection (5)(r)(III)(B) of this section, including but not limited to deeds, leases, sub-leases, easements, or other instruments relating to the real property on which the facilities are located or an agreement entered into pursuant to subsection (5)(r)(VII) of this section.
(VI) The provisions of section 24-30-202 (5)(b) shall not apply to a financed
purchase of an asset or certificate of participation agreement authorized pursuant to subsection (5)(r)(III)(B) of this section or any ancillary agreement or instrument or interest rate exchange agreement entered into pursuant to subsection (5)(r)(V) or (5)(r)(VII)(A) of this section. Any provision of the fiscal rules promulgated pursuant to section 24-30-202 (1) and (13) that the state controller deems to be incompatible or inapplicable with respect to such a financed purchase of an asset or certificate of participation agreement, ancillary agreement or instrument, or interest rate exchange agreement may be waived by the controller or his or her designee.
(VII) (A) Prior to executing a financed purchase of an asset or certificate of
participation agreement pursuant to subsection (5)(r)(III)(B) of this section, in order to protect against future interest rate increases, the lessor under any financed purchase of an asset or certificate of participation agreement or the state, acting by and through the state treasurer and at the discretion of the state treasurer, may enter into an interest rate exchange agreement in accordance with article 59.3 of title 11. A financed purchase of an asset or certificate of participation agreement entered into pursuant to subsection (5)(r)(III)(B) of this section shall be a proposed public security for the purposes of article 59.3 of title 11.
(B) Any agreement entered into pursuant to this subparagraph (VII) shall also
provide that the obligations of the state shall not be deemed or construed as creating an indebtedness of the state within the meaning of any provision of the state constitution or the laws of this state concerning or limiting the creation of indebtedness by the state and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4)(a) of article X of the state constitution.
(C) Any money received by the state under an agreement entered into
pursuant to this subsection (5)(r)(VII) shall be used to make payments on financed purchase of an asset or certificate of participation agreements entered into pursuant to subsection (5)(r)(III)(A) of this section.
(s) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers and duties granted in this section.
(6) Repealed.
Source: L. 2009: Entire part R&RE, (SB 09-108), ch. 5, p. 20, � 1, effective
March 2. L. 2011: (5)(g)(VII) amended, (SB 11-031), ch. 86, p. 249, � 21, effective August 10. L. 2017: (6) repealed, (SB 17-231), ch. 174, p. 634, � 5, effective August 9. L. 2020: IP(5)(g)(I) and (5)(g)(I)(A) amended, (SB 20-136), ch. 70, p. 286, � 19, effective September 14. L. 2021: (1), (2)(a)(I), IP(2)(b), (2)(b)(I), (2)(c), (3)(a), (3)(c), (4), (5)(c), (5)(k), (5)(r)(I), and (5)(r)(III)(A) amended and (5)(g.5) and (5)(g.7) added, (SB 21-260), ch. 250, p. 1442, � 48, effective June 17; (1)(b)(II), (2)(b)(III), (5)(n), (5)(r)(II), (5)(r)(III), (5)(r)(IV), (5)(r)(V), (5)(r)(VI), (5)(r)(VII)(A), and (5)(r)(VII)(C) amended, (HB 21-1316), ch. 325, p. 2064, � 83, effective July 1; IP(5)(g)(I) and (5)(g)(II) amended, (SB 21-257), ch. 478, p. 3421, � 6, effective July 1, 2022. L. 2022: (2)(a)(II) amended, (SB 22-162), ch. 469, p. 3432, � 223, effective August 10; IP(5)(g)(I) and (5)(g)(I)(A) amended, (HB 22-1388), ch. 475, p. 3466, � 17, effective January 1, 2023. L. 2023: (5)(g.7)(I) and (5)(g.7)(IV)(B) amended and (5)(g.7)(IV)(C) added, (SB 23-143), ch. 153, p. 655, � 7, effective July 1; (1)(a), (1)(b), (2)(a)(I), IP(2)(b), (2)(b)(II), (2)(c), (3), (5)(c), (5)(f), (5)(h), (5)(k), (5)(l), (5)(p), (5)(q), (5)(r)(I), and (5)(r)(II) amended, (HB 23-1276), ch. 194, p. 970, � 3, effective August 7. L. 2025: (5)(g.5)(II)(D) and (5)(g.5)(II)(E) repealed and (5)(g.5)(II)(F) and (5)(g.5)(II)(G) amended, (SB 25-320), ch. 386, p. 2170, � 2, effective June 3.
Editor's note: (1) This section is similar to former �� 43-4-803, 43-4-804, 43-4-805, and 43-4-806 as they existed prior to 2009, and the former � 43-4-805 was
also relocated to � 43-4-806.
(2) Amendments to subsections (1)(b)(II) and (5)(r)(III)(A) by SB 21-260 and HB
21-1316 were harmonized.
Cross references: (1) For the legislative declaration in SB 20-136, see
section 1 of chapter 70, Session Laws of Colorado 2020. For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act
of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 43-4-806
43-4-806. High-performance transportation enterprise - creation - enterprise status - board - funds - powers and duties - user fees - limitations - reporting requirements - violations on the peak period shoulder lanes - legislative declaration - definitions. (1) The general assembly hereby finds and declares that:
(a) It is necessary, appropriate, and in the best interests of the state for the
state to aggressively pursue innovative means of more efficiently financing important surface transportation infrastructure projects that will improve the safety, capacity, and accessibility of the surface transportation system; will provide diverse, multimodal transportation options that reduce traffic congestion and degradation of existing surface transportation infrastructure and offer more transportation choices for system users; can feasibly be commenced in a reasonable amount of time; will allow more efficient movement of people, goods, and information throughout the state; and will accelerate the economic recovery of the state;
(b) Such innovative means of financing projects include, but are not limited
to, public-private partnerships, operating concession agreements, user fee-based project financing, and availability payment and design-build contracting; and
(c) It is the intent of the general assembly that the high-performance
transportation enterprise created in this section actively seek out opportunities for public-private partnerships for the purpose of completing surface transportation infrastructure projects and that this section be broadly construed to allow the transportation enterprise sufficient flexibility, consistent with the requirements of the state constitution, to pursue any available means of financing such surface transportation infrastructure projects that will allow the efficient completion of the projects.
(1.5) The general assembly further finds and declares that:
(a) (I) The transportation enterprise provides both services to persons who
pay user fees for the privilege of using surface transportation infrastructure projects and additional impact remediation services to all persons who use or indirectly benefit from the use of the surface transportation infrastructure project network and other surface transportation infrastructure in the state by completing and operating surface transportation infrastructure projects that reduce wear and tear on and increase the reliability, safety, and expected useful life of state highways and bridges, reduce traffic congestion and attendant delays, provide additional transportation options, reduce emissions from air pollutants and greenhouse gas pollutants from motor vehicles, and reduce the adverse environmental and health impacts of such emissions; and
(II) By providing services as authorized by this part 8, the transportation
enterprise engages in an activity conducted in the pursuit of a benefit, gain, or livelihood and generates revenue by collecting fees from services users, and therefore operates as a business in accordance with the determination of the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), and the Colorado court of appeals in TABOR Foundation v. Colorado Bridge Enterprise, 2014 COA 106;
(b) Consistent with the determination of the Colorado supreme court in
Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution and the determination of the Colorado supreme court in Colorado Union of Taxpayers Foundation v. City of Aspen, 2018 CO 36, that a charge is not a tax if the primary purpose of the charge is not to raise revenue for general governmental purposes, it is the conclusion of the general assembly that the revenue collected by the transportation enterprise from user fees is generated by fees, not taxes, because the user fees imposed by the transportation enterprise:
(I) Are imposed for the specific purpose of allowing the transportation
enterprise to defray the costs of completing, operating, and maintaining the surface transportation infrastructure project network;
(II) Thereby:
(A) Fund the specific benefit of the privilege of accessing surface
transportation infrastructure projects for user fee payers;
(B) Fund additional benefits of the remediation services provided by the
transportation enterprise, including reduction of traffic congestion and attendant delays, provision of additional transportation options, reduced emissions from air pollutants and greenhouse gas pollutants from motor vehicles, and reduced adverse environmental and health impacts of such emissions caused by the use of motor vehicles, for user fee payers; and
(III) Will be collected at rates that are reasonably calculated by the
transportation enterprise board based on the costs of providing the benefits provided to user fee payers and the costs of remediating the impacts caused by fee payers.
(2) (a) (I) The high-performance transportation enterprise is hereby created.
The transportation enterprise shall operate as a government-owned business within the department and shall be a division of the department. The board of the transportation enterprise shall consist of the following seven members:
(A) Four members appointed by the governor, each of whom shall have
professional expertise in transportation planning or development, local government, design-build contracting, public or private finance, engineering, environmental issues, or any other area that the governor believes will benefit the board in the execution of its powers and performance of its duties. The governor shall appoint one member who resides within the planning area of the Denver regional council of governments, one member who resides within the planning area of the Pikes Peak area council of governments, one member who resides within the planning area of the north front range metropolitan planning organization, and one member who resides within the interstate 70 mountain corridor.
(B) Three members of the commission appointed by resolution of the
commission.
(II) Initial appointments to the transportation enterprise board shall be made
no later than July 1, 2009. Members of the board shall serve at the pleasure of the appointing authority and without compensation. Vacancies in the membership of the transportation enterprise board shall be filled in the same manner as regular appointments.
(III) (A) The transportation enterprise and the transportation enterprise
director are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department.
(B) The powers, duties, and functions of the transportation enterprise include
the powers, duties, and functions of the statewide tolling enterprise, created in the department pursuant to section 43-4-803 (1), prior to the repeal and reenactment of said section by Senate Bill 09-108, enacted in 2009, and the statewide tolling enterprise is abolished.
(b) The transportation enterprise board shall, with the consent of the
executive director, appoint a director of the enterprise who shall possess such qualifications as may be established by the board and the state personnel board. The director shall oversee the discharge of all responsibilities of the transportation enterprise and shall serve at the pleasure of the board.
(c) The business purpose of the transportation enterprise is to pursue public-private partnerships and other innovative and efficient means of completing
surface transportation infrastructure projects. To allow the transportation enterprise to accomplish this purpose and fully exercise its powers and duties through the transportation enterprise board, the transportation enterprise may:
(I) Subject to the limitations specified in section 43-4-808 (3) and subsection
(7.6) of this section, impose user fees, including the congestion impact fee authorized by subsection (7.6) of this section, for the privilege of using surface transportation infrastructure;
(II) Issue or reissue revenue bonds payable from the revenues and other
available moneys of the transportation enterprise pledged for their payment as authorized in section 43-4-807;
(III) Contract with any other governmental or nongovernmental source of
funding for loans or grants to be used to support transportation enterprise functions; and
(IV) Seek out and enter into public-private partnerships.
(d) The transportation enterprise shall constitute an enterprise for purposes
of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total revenues in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this paragraph (d), the transportation enterprise shall not be subject to any provisions of section 20 of article X of the state constitution.
(3) (a) The statewide transportation enterprise special revenue fund is
created in the state treasury. All revenue received by the transportation enterprise, including all revenue from both user fees collected from users of a particular surface transportation infrastructure project and congestion impact fees, collected pursuant to subsections (2)(c)(I) and (7.6) of this section, must be deposited into the transportation special fund. The transportation enterprise board may establish separate accounts within the transportation special fund as needed in connection with any specific surface transportation infrastructure project. The transportation enterprise also may deposit or permit others to deposit other money into the transportation special fund, but in no event may revenue from any tax otherwise available for general purposes be deposited into the transportation special fund. The state treasurer, after consulting with the transportation enterprise board, shall invest any money in the transportation special fund, including any surplus or reserves, but excluding any proceeds from the sale of bonds or earnings on such proceeds invested pursuant to section 43-4-807 (2), that are not needed for immediate use. Such money may be invested in the types of investments authorized in sections 24-36-109, 24-36-112, and 24-36-113.
(b) All interest and income derived from the deposit and investment of
moneys in the transportation special fund shall be credited to the transportation special fund and, if applicable, to the appropriate surface transportation infrastructure project account. Moneys in the transportation special fund shall be continuously appropriated to the transportation enterprise for the purposes set forth in this part 8. All moneys deposited in the transportation special fund shall remain in the fund for the purposes set forth in this part 8, and no part of the fund shall be used for any other purpose.
(c) The transportation enterprise shall prepare a separate annual accounting
of the user fees collected from any surface transportation infrastructure project upon which any user fee is imposed and of congestion impact fees. A partner of the enterprise may prepare the annual accounting for a project upon which it imposes a user fee pursuant to the terms of a public-private partnership.
(d) The transportation enterprise may expend moneys in the transportation
special fund to pay bond obligations, to fund surface transportation infrastructure projects, and for the acquisition of land to the extent required in connection with any surface transportation infrastructure project. The transportation enterprise may also expend moneys in the transportation special fund to pay its operating costs and expenses. The transportation enterprise board shall have exclusive authority to budget and approve the expenditure of moneys in the transportation special fund.
(4) The commission may transfer moneys from the state highway fund
created in section 43-1-219 to the transportation enterprise for the purpose of defraying expenses incurred by the transportation enterprise prior to the receipt of bond proceeds or revenues by the enterprise. The transportation enterprise may accept and expend any moneys so transferred, and, notwithstanding any state fiscal rule or generally accepted accounting principle that could otherwise be interpreted to require a contrary conclusion, such a transfer shall constitute a loan from the commission to the transportation enterprise and shall not be considered a grant for purposes of section 20 (2)(d) of article X of the state constitution. As the transportation enterprise receives sufficient revenues in excess of expenditures, the enterprise shall reimburse the state highway fund for the principal amount of any loan made by the commission plus interest at a rate set by the commission. Any moneys loaned to the transportation enterprise pursuant to this section shall be deposited into a fund to be known as the statewide transportation enterprise operating fund, which fund is hereby created, or an account within the transportation special fund. All loaned money deposited into the transportation special fund shall be accounted for separately from other transportation special fund money.
(5) Notwithstanding any other provision of this section, user fee revenue
collected from users of a particular surface transportation infrastructure project must be expended only for purposes authorized by subsection (3) of this section and only for the surface transportation infrastructure project for which it was collected, to address ongoing congestion management needs related to the project, or as a portion of the expenditures made for another surface transportation infrastructure project that is integrated with the project as part of a surface transportation system; except that the transportation enterprise board may expend user fee revenue from each surface transportation infrastructure project in proportion to the total amount of such revenue generated by the project to pay overhead of the transportation enterprise. User fee revenue generated by the congestion impact fee imposed by the transportation enterprise pursuant to subsection (7.6) of this section may be expended on any part of the surface transportation infrastructure project network and for overhead of the transportation enterprise.
(6) In addition to any other powers and duties specified in this section, the
transportation enterprise board has the following powers and duties:
(a) To supervise and advise the transportation enterprise director;
(b) To adopt bylaws for the regulation of its affairs and the conduct of its
business;
(c) To issue revenue bonds, payable solely from the transportation special
fund, for the purpose of completing surface transportation infrastructure projects;
(d) To acquire, hold title to, and dispose of real and personal property as
necessary in the exercise of its powers and performance of its duties;
(e) To acquire, by purchase, gift, or grant, or, subject to the requirements of
articles 1 to 7 of title 38, C.R.S., by condemnation, any and all rights-of-way, lands, buildings, moneys, or grounds necessary or convenient for its authorized purposes;
(f) To enter into agreements with the commission, or the department to the
extent authorized by the commission, under which the transportation enterprise agrees to complete surface transportation infrastructure projects as specified in the agreements;
(g) To make and enter into contracts or agreements with any private or
public entity to facilitate a public-private partnership, including, but not limited to:
(I) An agreement pursuant to which the transportation enterprise or the
enterprise on behalf of the department operates, maintains, or provides services or property in connection with a surface transportation infrastructure project; or
(II) An agreement pursuant to which a private entity completes all or any
portion of a surface transportation infrastructure project on behalf of the transportation enterprise;
(h) To make and to enter into all other contracts or agreements, including,
but not limited to, design-build contracts, as defined in section 43-1-1402 (3), and intergovernmental agreements pursuant to section 29-1-203, C.R.S., that are necessary or incidental to the exercise of its powers and performance of its duties;
(i) To employ or contract for the services of consulting engineers or other
experts as are necessary in its judgment to carry out its powers and duties;
(j) To prepare, or cause to be prepared, detailed plans, specifications, or
estimates for any surface transportation infrastructure project within the state;
(k) In connection with any surface transportation infrastructure project, to
acquire, finance, repair, reconstruct, replace, operate, or maintain any surface transportation infrastructure within the state;
(l) To set and adopt, on an annual basis, a budget for the transportation
enterprise;
(m) To purchase, trade, exchange, acquire, buy, sell, lease, lease with an
option to purchase, dispose of, or encumber real or personal property or any interest therein, including easements and rights-of-way, without restriction or limitation;
(n) To enter into interest rate exchange agreements for bonds that have
been issued in accordance with article 59.3 of title 11, C.R.S.;
(o) Pursuant to section 24-1-107.5, C.R.S., to establish, create, and approve
nonprofit entities and bonds issued by or on behalf of such nonprofit entities for the purpose of completing a surface transportation infrastructure project, to accept the assets of any such nonprofit entity, to obtain an option to acquire the assets of any such nonprofit entity by paying its bonds, to appoint or approve the appointment of members of the governing board of any such nonprofit entity, and to remove the members of the governing board of any such nonprofit entity for cause;
(p) To transfer money, property, or other assets of the transportation
enterprise to the department to the extent necessary to implement the financing of any surface transportation infrastructure project or for any other purpose authorized in this part 8;
(p.5) In accordance with an implementation plan developed as required by
section 32-9-107.7 (4), to enter into a standalone intergovernmental agreement with or create a separate legal entity pursuant to sections 29-1-203 and 29-1-203.5 with the regional transportation district, created in section 32-9-105, the front range passenger rail district, created in section 32-22-103 (1), and the department to implement the completion of construction and operation of the regional transportation district's northwest fixed guideway corridor, including an extension of the corridor to Fort Collins as the first phase of front range passenger rail service; and
(q) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers and duties granted in this section.
(7) (a) In addition to the powers and duties specified in subsection (6) of this
section, the transportation enterprise board has the duty to evaluate any toll highway in the state that is owned and offered for sale or for lease and an operating concession by an entity other than the state in order to determine whether it is in the best interests of the state for the transportation enterprise to purchase or lease the toll highway or a partial interest in the toll highway that is being offered for sale, lease, or concession or enter into a public-private partnership in connection with the toll highway. In evaluating a toll highway, the transportation enterprise board shall consider the financial costs and benefits to the state and users of the toll highway of purchasing or leasing the toll highway or a partial interest in the toll highway or entering into a public-private partnership in connection with the toll highway; the effect of such a purchase, lease, or public-private partnership on statewide, regional, or local transportation plans previously adopted and on future transportation planning; and any other factors deemed significant by the board. In considering the effect on regional or local transportation plans, the transportation enterprise board shall consult with the appropriate regional or local transportation planning agency. Subject to criteria, procedures, processes, and rules established by the entity other than the state offering the toll highway for sale or for lease and an operating concession including, without limitation, provisions for rejecting all bids or proposals and short-listing bidders and proposers, and without any special consideration for either public or private sector interests that may bid on or propose to purchase or lease a toll highway, the transportation enterprise board may bid on or propose to purchase or lease a toll highway or a partial interest in a toll highway so offered without change or delay of such criteria, procedures, processes, and rules or may enter into a public-private partnership in connection with a toll highway and may finance all or a portion of the purchase or lease of a toll highway or a public-private partnership entered into in connection with a toll highway by issuing bonds as authorized by section 43-4-807 if the board determines that the purchase, lease, or public-private partnership is in the best interests of the state. Funding to perform a toll highway evaluation shall be provided by the department and managed by the transportation enterprise board. An entity other than the state shall consider and represent the interests of its constituency at all times during and after the evaluation process conducted by the transportation enterprise board pursuant to this subsection (7).
(b) For purposes of this subsection (7), entity other than the state means a
public highway authority created pursuant to section 43-4-504, a regional transportation authority created pursuant to section 43-4-603, a toll road or toll highway company formed pursuant to section 7-45-101, C.R.S., or any other natural person or entity other than the state or a department or agency of the state that may own a toll highway.
(c) This subsection (7) shall not be construed to require the transportation
enterprise board to purchase or lease any toll highway or partial interest in a toll highway or to enter into any public-private partnership in connection with any toll highway.
(7.5) In addition to any other powers and duties specified in this section, the
transportation enterprise may enter into a transportation demand management contract with the department under which the department compensates the transportation enterprise for relieving traffic congestion during peak travel times, as determined by the department and the transportation enterprise, in the portion of the interstate 70 mountain corridor that includes and lies between Floyd hill and the Eisenhower-Johnson tunnels by providing and operating reversible highway lanes within that portion of the corridor. If a feasibility study of a moveable barrier system on interstate 70 is completed and demonstrates that such a system is viable and that life safety issues can be addressed, a transportation demand management contract may establish, consistent with planning provisions in section 43-1-1103, the interstate 70 collaborative effort, context sensitive solutions, and the processes required by the federal National Environmental Policy Act of 1969, 42 U.S.C. sec. 4321 et seq., the goal of beginning the provision and operation of reversible highway lanes and reporting to the general assembly no later than January 1, 2011. A transportation demand management contract may authorize the transportation enterprise to enter into single-fiscal-year or multiple-fiscal-year operating lease agreements or capital lease or financed purchase of an asset or certificate of participation agreements with a private contractor as needed to provide and operate the reversible highway lanes.
(7.6) (a) (I) In addition to any other powers and duties specified in this
section, on and after January 1, 2025, the transportation enterprise shall impose a congestion impact fee on all short-term vehicle rentals at a maximum rate, as determined by the transportation enterprise board, that is reasonably calculated to generate only the amount of revenue needed to pay the overall costs of providing the services to fee payers that will be funded with that revenue and that is, except as otherwise provided in subsection (7.6)(c) of this section, no more than three dollars per day for any vehicle; except that a subsequent renewal of a short-term vehicle rental is exempt from the fee to the extent that the renewal extends the total rental period beyond thirty days. A car sharing program shall collect the congestion impact fee for any short-term vehicle rental of twenty-four hours or longer that is enabled by the car sharing program.
(II) As used in this subsection (7.6), unless the context otherwise requires:
(A) Battery electric motor vehicle has the same meaning as set forth in
section 43-4-1202 (1).
(B) Car sharing program has the same meaning as set forth in section 6-1-1202 (4).
(C) Plug-in hybrid electric motor vehicle has the same meaning as set forth
in section 43-4-1202 (14).
(D) Short-term vehicle rental means the rental of any motor vehicle, as
defined in section 42-1-102 (58), with a gross vehicle weight rating of twenty-six thousand pounds or less that is rented within Colorado for a period of not more than thirty days.
(b) The congestion impact fee must be collected, submitted to the
department of revenue, administered by the department of revenue, and forwarded by the department of revenue to the state treasurer in the same manner in which the daily vehicle rental fee imposed pursuant to section 43-4-804 (1)(b)(I)(A) is collected, submitted, administered, and forwarded pursuant to section 43-4-804 (1)(b)(II). The department of revenue, when forwarding the congestion impact fee to the state treasurer with the daily vehicle rental fee imposed pursuant to section 43-4-804 (1)(b)(I)(A), shall identify the amounts of each fee being forwarded, and the state treasurer shall credit all congestion impact fees to the transportation special fund. Any vehicle rented pursuant to a vehicle sharing arrangement that is exempt, pursuant to section 43-4-804 (1)(b)(III), from the daily vehicle rental fee imposed pursuant to section 43-4-804 (1)(b)(I)(A) is also exempt from the congestion impact fee.
(c) (I) For short-term vehicle rentals beginning during state fiscal year 2026-27 and for short-term vehicle rental periods beginning during any subsequent state
fiscal year, the daily limits on the amount of the congestion impact fee set forth in subsection (7.6)(a)(I) of this section are annually adjusted for inflation, and the transportation enterprise shall impose the congestion impact fee in a maximum amount that is the maximum amount for the prior state fiscal year adjusted for inflation. The transportation enterprise shall notify the department of revenue of the amount of the congestion impact fee to be collected for short-term vehicle rentals during each state fiscal year no later than April 1 of the calendar year in which the state fiscal year begins, and the department of revenue shall publish the amount no later than May 1 of the calendar year in which the state fiscal year begins.
(II) As used in this subsection (7.6)(c), inflation means the average annual
percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index, for the five years ending on the last December 31 before a state fiscal year for which an inflation adjustment to the congestion impact fee is to be made begins.
(d) Notwithstanding subsection (7.6)(c) of this section, no later than March 1,
2030, and every fifth March 1 thereafter, the transportation enterprise shall complete an analysis of the rate at which it imposes the congestion impact fee, the amount of revenue generated by the fee, and the use of fee revenue in order to ensure that it is continuing to impose the fee at rates that are reasonably calculated to generate only the amount of revenue needed to pay the overall costs of providing the services to fee payers that will be funded with that revenue. If the transportation enterprise determines that it is imposing or with its next inflation adjustment will be imposing the fee at a rate that generates or will generate more than the needed amount of revenue, it shall lower the rate at which it is imposing the fee or forego or reduce the inflation adjustment to the extent necessary to ensure that it is continuing to impose the fee at rates that are reasonably calculated to generate only the amount of revenue needed to pay the overall costs of providing the services to fee payers that will be funded with that revenue.
(7.7) In addition to any other powers and duties specified in this section:
(a) No later than March 1, 2025, the transportation enterprise shall develop a
new multimodal strategic capital plan, which the transportation enterprise board may, at its sole discretion, thereafter update as it deems necessary. The plan must:
(I) Align with the ten-year plan for each mode of transportation approved by
the commission in accordance with section 43-1-106 (15)(d), the statewide greenhouse gas pollution reduction goals set forth in section 25-7-102 (2)(g), and other state greenhouse gas reduction priorities;
(II) Comply with the greenhouse gas transportation planning standard
adopted by the commission, any amended or successor standard adopted by the commission, and any other pollution reduction planning standards required for surface transportation infrastructure projects by a federal or state law, regulation, or rule; and
(III) Prioritize benefits to user fee payers and the reduction of adverse
impacts on highways.
(b) No later than March 1, 2025, the transportation enterprise shall complete
an initial assessment of opportunities available through 2030 to leverage federal money made available to the state. After completing the initial assessment, the transportation enterprise shall assess such opportunities on an ongoing basis.
(7.8) In addition to any other powers and duties specified in this section, the
transportation enterprise may enter into a standalone intergovernmental agreement with or create a separate legal entity pursuant to sections 29-1-203 and 29-1-203.5 with the regional transportation district, created in section 32-9-105, the front range passenger rail district, created in section 32-22-103 (1), and the department of transportation to implement the completion of construction and operation of the regional transportation district's northwest fixed guideway corridor, including an extension of the corridor to Fort Collins as the first phase of front range passenger rail service.
(8) (a) When the transportation enterprise board decides to study the
feasibility or desirability of completing a surface transportation infrastructure project that adds substantial transportation capacity or significantly alters travel patterns, the board shall invite every metropolitan planning organization or other transportation planning region with planning responsibility for any area in which the project will be located and every affected public mass transit operator, as defined in section 43-1-102 (5), public highway authority created pursuant to part 5 of this article, and regional transportation authority created pursuant to part 6 of this article to collaborate with the board in its study and review and comment regarding the project. The transportation enterprise board and a metropolitan planning organization, transportation planning region, public mass transit operator, public highway authority, or regional transportation authority may enter into an intergovernmental agreement to define the degree of collaboration and any sharing of costs and revenues. The transportation enterprise board, in collaboration with those metropolitan planning organizations, transportation planning regions, public mass transit operators, and authorities that are entitled to and wish to collaborate with the board, may develop a plan for the completion of the surface transportation infrastructure project that addresses the feasibility of the project, the technology to be utilized, project financing, and any other federally required information.
(b) In order to ensure that the limited resources available for the completion
of major surface transportation infrastructure projects are allocated only to projects deemed essential by all impacted metropolitan planning organizations and other transportation planning regions, every metropolitan planning organization or other transportation planning region that includes territory in which all or any portion of a proposed surface transportation infrastructure project that will add substantial transportation capacity or significantly alter traffic patterns is to be completed shall have the right to participate in the planning and development, and approve the completion, of the project. The right of participation shall extend, without limitation, to decisions regarding the scope of the project, the type of surface transportation infrastructure to be provided, project financing, allocation of project revenues, and the manner in which any user fees are to be imposed. A surface transportation infrastructure project shall not proceed past the planning stage until all metropolitan planning organizations entitled to participate in the planning, development, and approval process, including the transportation enterprise and any partner of the enterprise under the terms of a public-private partnership, have approved the project.
(9) (a) The transportation enterprise is not intended to supplant or duplicate
the services provided by any public mass transit operator, as defined in section 43-1-102 (5), railroad, public highway authority created pursuant to part 5 of this article, or regional transportation authority created pursuant to part 6 of this article except as described in detail in an intergovernmental agreement or other contractual agreement entered into by the transportation enterprise and the operator, railroad, or authority. The creation of and undertaking of surface transportation infrastructure projects by the transportation enterprise pursuant to this part 8 is not intended to discourage any combination of local governments from forming a public highway authority or a regional transportation authority.
(b) Moneys made available for any surface transportation infrastructure
project pursuant to this part 8 shall not be used to supplant existing or budgeted department funding for any portion of the state highway system within the territory of any transportation planning region, as defined in section 43-1-1102 (8), that includes any portion of the project.
(10) (a) Notwithstanding section 24-1-136 (11)(a)(I), no later than February 15,
2010, no later than February 15 of each year thereafter through 2024, and no later than March 1 of each year thereafter, the transportation enterprise shall present a report to the committees of the house of representatives and the senate that have jurisdiction over transportation. The report must include a summary of the transportation enterprise's activities for the previous year, a summary of the status of any current surface transportation infrastructure projects, a statement of the enterprise's revenues and expenses, and any recommendations for statutory changes that the enterprise deems necessary or desirable. The committees shall review the report and may recommend legislation. The report shall be public and shall be available on the website of the department on or before January 15 of the year in which the report is presented.
(b) Beginning with the report due no later than February 15, 2021, the report
shall also include for each of the transportation enterprise's executed or proposed public-private partnerships:
(I) A summary of the processes that the transportation enterprise has used
leading up to or anticipates using to lead up to its entry into the public-private partnership, including the processes for obtaining and responding to public questions, concerns, and other comments or input, the processes for keeping the state legislators and local elected officials who represent any area in which a surface transportation infrastructure project of the public-private partnership will be located informed and updated about the project and the public-private partnership, and the processes for selecting each partner to the public-private partnership; and
(II) A summary of the actual, or to the extent available the anticipated, major
financial, performance, and length-of-term provisions of the public-private partnership.
(c) Beginning with the report due no later than March 1, 2025, the report
shall also detail the transportation enterprise's work to reduce traffic congestion and greenhouse gas emissions and support the expansion of public transit.
(11) (a) As used in this subsection (11), unless the context otherwise requires,
peak period shoulder lane means:
(I) The eastbound managed toll lane on interstate 70 between mile marker
230 (Empire Junction) and the veterans memorial tunnel; or
(II) The westbound managed toll lane on interstate 70 between the veterans
memorial tunnel and mile marker 230 (Empire Junction).
(b) (I) Unless a person is operating an authorized emergency vehicle, as
defined in section 42-1-102 (6), or an authorized service vehicle, as defined in section 42-1-102 (7), or using a lane in the case of an emergency, a person shall not drive on the peak period shoulder lane when the posted signage indicates that the peak period shoulder lane is closed.
(II) A person shall not drive on a peak period shoulder lane at any time if the
person is driving a motor vehicle with more than two axles or that is twenty-five feet in length or longer.
(c) The transportation enterprise shall enforce violations of subsection (11)(b)
of this section and assess and remit civil penalties for the violations in accordance with section 43-4-808 (2).
Source: L. 2009: Entire part R&RE, (SB 09-108), ch. 5, p. 30, � 1, effective
March 2. L. 2010: (7.5) added, (SB 10-184), ch. 334, p. 1536, � 1, effective May 27. L. 2015: (4) amended, (SB 15-187), ch. 102, p. 296, � 1, effective April 16. L. 2017: (10) amended, (SB 17-231), ch. 174, p. 635, � 6, effective August 9. L. 2020: (10) amended, (SB 20-017), ch. 27, p. 96, � 1, effective September 14. L. 2021: (7.5) amended, (HB 21-1316), ch. 325, p. 2069, � 84, effective July 1. L. 2022: (11) added, (HB 22-1074), ch. 20, p. 135, � 1, effective August 1; (2)(a)(III) amended, (SB 22-162), ch. 469, p. 3432, � 224, effective August 10. L. 2024: (1)(a), (2)(a)(III)(B), (2)(c)(I), (3)(a), (3)(c), (5), IP(6), (6)(p), (9)(a), and (10)(a) amended and (1.5), (6)(p.5), (7.6), (7.7), (7.8), and (10)(c) added, (SB 24-184), ch. 186, p. 1055, � 13, effective May 16. L. 2025: (3)(a) amended, (SB 25-275), ch. 377, p. 2107, � 330, effective August 6.
Editor's note: This section is similar to former �� 43-4-803, 43-4-804, 43-4-805, and 43-4-806 as they existed prior to 2009.
Cross references: (1) For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
(2) For the legislative declaration in SB 24-184, see section 1 of chapter 186,
Session Laws of Colorado 2024.
C.R.S. § 8-20-213
8-20-213. Recycled or used motor oil - legislative declaration - definitions - sale. (1) The general assembly hereby finds and declares that the used oil generated by this state each year is a valuable resource that can be reused as an environmentally acceptable re-refined product. The general assembly further finds that the disposal of automotive engine oil and other lubricants is very costly, creates environmental and health hazards, and depletes the state's and the nation's dwindling supply of petroleum. It is the intent of the general assembly to reduce the amount of used oil that is improperly disposed of and to increase the amount that is reused as a re-refined product.
(2) As used in this section, unless the context otherwise requires:
(a) API service classification means one of the two letter classification
performance ratings for engine oils, including re-refined oils, as determined by the American petroleum institute.
(b) Lubricant means a lubricating oil as defined in paragraph (c) of this
subsection (2) or any other substance or mixture of substances used to reduce the friction caused by automotive parts moving against each other.
(c) Lubricating oil means oil classified for use in an internal combustion
engine, hydraulic system, gear box, differential gear mechanism, or wheel bearing.
(d) Recycled oil means oil that is prepared for automotive use by
reclaiming and otherwise reprocessing used oil.
(e) Re-refined oil means used oil that has been refined using processing
technology to remove the physical and chemical contaminants acquired through use and which, by itself or when blended with new lubricating oil or additives, meets applicable API service classifications and SAE viscosity grades.
(f) SAE viscosity grade means the measure of an oil's, including a re-refined oil's, resistance to flow at a given temperature, as determined by the
society of automotive engineers.
(g) Used oil means refined crude or synthetic oil that as a result of use has
become unsuitable for its original purpose due to loss of original properties or the presence of impurities and that may be recycled in an economical manner and made suitable for further use as an automotive lubricant.
(3) (a) It is unlawful for a person to package and sell a container of:
(I) Lubricant unless the container prominently displays the applicable API
service classification, API certification mark, and SAE viscosity grade of the contents; or
(II) Lubricant made wholly or partly from used or recycled oil unless the
container is plainly labeled as containing used or recycled oil.
(b) The label or advertising on a container of used or recycled oil shall
accurately reflect the type of oil stored in such container.
(c) A person may represent a product made wholly or partly from re-refined
oil to be equal to or better than a similar product made from virgin oil if the product for sale conforms with applicable API service classifications, API certification mark, and SAE viscosity grades.
(d) Notwithstanding section 8-20-104, a person found guilty of violating this
subsection (3) shall be subject to a fine of not less than one hundred dollars and not more than five hundred dollars for the first offense. A person found guilty of a second or subsequent offense shall be enjoined from selling or distributing used oil for not less than one year and not more than five years.
Source: L. 41: p. 586, � 13. CSA: C. 118, � 13. CRS 53: � 100-2-13. C.R.S. 1963:
� 100-2-13. L. 95: Entire section amended, p. 349, � 1, effective April 27. L. 2003: (3)(d) amended, p. 1824, � 7, effective May 21.
Cross references: For the legislative declaration contained in the 2003 act
amending subsection (3)(d), see section 1 of chapter 279, Session Laws of Colorado 2003.
C.R.S. § 8-20-411
8-20-411. Location and charging of containers. (1) Permanently installed American petroleum institute-American society of mechanical engineers or United States department of transportation containers or surface transportation board containers provided with excess flow or back-flow check valves shall be located and filled in accordance with the applicable requirements of basic rules of the national fire code described in section 8-20-405. Private streets, roads, or rights-of-way shall not be classed as public streets or highways for the purpose of sections 8-20-405 to 8-20-411.
(2) DOT containers not provided with excess flow or back-flow check valves
shall not be filled within the limits or boundaries of an area in which two or more mobile vehicles are situated. Such containers shall be filled in accordance with the applicable provisions of basic rules and of the national fire code, at a properly equipped container filling plant. Such plant shall be located at least fifty feet from the nearest trailer, important building, or line of property that may be built upon, and at least twenty-five feet from any public road, street, or highway. Such filling plant shall be enclosed by man-proof fencing or otherwise protected from tampering or physical damage. The area shall be kept locked when unattended.
(3) Container charging operations shall be performed only by qualified
personnel.
Source: L. 63: p. 735, � 7. C.R.S. 1963: � 100-5-11. L. 2001: (1) and (2)
amended, p. 1266, � 4, effective June 5. L. 2003: (1) amended, p. 1827, � 18, effective May 21. L. 2005: (2) amended, p. 1348, � 20, effective August 8.
Cross references: For the legislative declaration contained in the 2003 act
amending subsection (1), see section 1 of chapter 279, Session Laws of Colorado 2003.
C.R.S. § 8-20-902
8-20-902. Brake fluid specifications - list of approved brands. The director of the division of oil and public safety shall establish specifications or requirements for approved-type brake fluid; but the specifications or requirements shall not be lower in standard than the specifications and requirements of the society of automotive engineers, numbered J-70 b, approved May, 1963. The director shall compile and furnish upon request a list of brands and trademarks of brake fluid inspected by the director that have been so approved.
Source: L. 94: Entire part added with relocations, p. 2538, � 2, effective
January 1, 1995. L. 2001: Entire section amended, p. 1124, � 39, effective June 5.
Editor's note: This section is similar to former � 42-10-202 as it existed prior
to 1994.
C.R.S. § 8-41-404
8-41-404. Construction work - proof of coverage required - violation - penalty - definitions. (1) (a) Except as otherwise provided in subsection (4) of this section, every person performing construction work on a construction site shall be covered by workers' compensation insurance, and a person who contracts for the performance of construction work on a construction site shall either provide, pursuant to articles 40 to 47 of this title, workers' compensation coverage for, or require proof of workers' compensation coverage from, every person with whom he or she has a direct contract to perform construction work on the construction site.
(b) A site owner, general contractor, or other person who is not a direct party
to a contract for construction work shall not be held liable under subsection (3) of this section solely as a result of the person's ownership interest or general supervisory role in a construction project.
(c) Any person who contracts for the performance of construction work on a
construction site and who exercises due diligence by either providing workers' compensation coverage as required by this section or requiring proof of workers' compensation coverage as required by this section from every person with whom he or she has a direct contract to perform construction work on the construction site shall not be liable under subsection (3) of this section.
(2) If the parties to a contract that includes construction work agree that
part of the contract price shall be withheld to cover workers' compensation premiums for coverage required under this section, the premiums shall be calculated based only on that portion of the contract price that represents the labor portion of the contract.
(3) A violation of subsection (1) of this section is punishable by an
administrative fine imposed pursuant to section 8-43-409 (1)(b). The division shall transmit revenues collected through the imposition of fines pursuant to this section to the state treasurer, who shall credit them to the Colorado uninsured employer fund created in section 8-67-105.
(4) (a) This section shall not apply to:
(I) An owner or occupant, or both, of residential real property that meets the
definition of a qualified residence under section 163 (h)(4)(A) of the federal Internal Revenue Code of 1986, as amended, who contracts out any work done to the real property, unless the person performing the work is otherwise an employee of the owner or occupant, or both, of the real property;
(II) An owner or occupant of real property who hires a person or persons
specifically to do routine repair and maintenance on the real property of such owner or occupant;
(III) An independent contractor, who is a natural person, who has formed a
corporation pursuant to section 7-102-103, C.R.S., or a limited liability company pursuant to section 7-80-203, C.R.S., and who has rejected workers' compensation coverage pursuant to section 8-41-202;
(IV) Corporate officers and members of a limited liability company who have
rejected workers' compensation coverage pursuant to section 8-41-202;
(V) A partner in a partnership who has filed a certificate of limited
partnership pursuant to section 7-62-201, C.R.S., a partnership registration statement pursuant to section 7-60-144 or 7-64-1002, C.R.S., or a statement of trade name pursuant to section 7-71-103, C.R.S., and has filed with the division a form, approved by the director, rejecting workers' compensation; or
(VI) A sole proprietor who has filed a statement of trade name pursuant to
section 7-71-103, C.R.S., and has filed with the division a form, approved by the director, rejecting workers' compensation.
(b) Nothing in this section shall be construed to limit the responsibility of
corporations, limited liability companies, partnerships, or sole proprietorships to provide coverage for their employees as required under articles 40 to 47 of this title.
(5) As used in this section:
(a) Construction site means a location where a structure that is attached or
will be attached to real property is constructed, altered, or remodeled.
(b) Construction work includes all or any part of the construction,
alteration, or remodeling of a structure. Construction work does not include surveying, engineering, examination, or inspection of a construction site or the delivery of materials to a construction site.
(c) Proof of workers' compensation coverage includes a certificate or other
written confirmation, issued by the insurer or authorized agent of the insurer, of the existence of workers' compensation coverage in force during the period of the performance of construction work on the construction site.
Source: L. 2007: Entire section added, p. 2070, � 1, effective June 1. L. 2017:
(3) amended, (HB 17-1119), ch. 317, p. 1705, � 3, effective July 1.
Cross references: For the federal Internal Revenue Code of 1986, see title
26 of the United States Code.
PART 5
DEPENDENCY
C.R.S. § 8-83-601
8-83-601. Definitions. As used in this part 6:
(1) Commission means the business experiential-learning commission in
the department created by executive order B 2015 004, which works in partnership with the office of economic development and the work force development council, or a subsequent entity established for the same or similar purpose.
(2) Digital equity means the condition in which individuals and communities
have access to the information technology that is needed for full participation in society and the economy of the United States.
(3) (a) Digital inclusion means the activities that are necessary to ensure
that all individuals in the state have access to, and the use of, affordable information and communication technologies, such as:
(I) Reliable fixed and wireless broadband internet service;
(II) Internet-enabled devices that meet the needs of the user; and
(III) Applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration.
(b) Digital inclusion includes the ability to obtain:
(I) Access to digital literacy training;
(II) Quality technical support; and
(III) Basic awareness of measures to ensure online privacy and cybersecurity.
(4) Digital literacy means the skills associated with using technology that
enable users to find, evaluate, organize, create, disseminate, and communicate information.
(4.5) Externship program means the statewide teacher externship program
created in section 8-83-602.5.
(5) Incentive program means the work-based learning incentive program
created in section 8-83-602.
(5.5) K-12 teacher or teacher in a K-12 classroom means a teacher
teaching in a public school in the state.
(5.7) Local education provider means a school district, a board of
cooperative services that operates a school, a district charter school, or an institute charter school.
(6) Next-skilling means activities to develop future-ready skills necessary
for employment in the twenty-first century and includes the focus areas of human skills, digital skills, business skills, growth mindset, and a lifelong learning mindset.
(7) Office means the office of future of work created in section 8-15.8-103.
(8) Office of economic development means the Colorado office of
economic development created in section 24-48.5-101.
(9) Office of new Americans means the office created in section 8-3.7-103.
(10) Program means the statewide digital navigator program created in
section 8-83-603.
(10.5) Public school means a school in the state that enrolls students in any
of grades kindergarten through twelfth grade, including a traditional public school of a school district, as described in section 22-1-101 (1); a charter school, as defined in section 22-30.5-103 (2); or an institute charter school, as defined in section 22-30.5-502 (6).
(11) (a) Reskilling means activities to:
(I) Support unemployed and underemployed individuals who need or want to
change industries in order to return to full-time work or who need or want to obtain more appropriate work-based skills; and
(II) Help unemployed and underemployed individuals achieve economic self-sufficiency.
(b) Reskilling may include technical training for new positions and new
careers and entrepreneurial training for individuals who wish to pursue self-employment and business ownership.
(12) Skills-based hiring means hiring a person based on the person's
knowledge, skills, and abilities that are specific to the job for which the person is being considered.
(12.5) STEM means the combination of the disciplines of science,
technology, engineering, and mathematics.
(13) Target populations includes:
(a) Any household with an income that is not more than one hundred fifty
percent of the federal poverty level, as determined by the most current federal poverty guidelines issued by the United States department of health and human services;
(b) Individuals who are fifty years of age or older;
(c) Individuals who are or were incarcerated;
(d) Veterans;
(e) Individuals with disabilities;
(f) Individuals who have recently immigrated to the United States and reside
in this state;
(g) Individuals who are English language learners;
(h) Individuals with low levels of literacy;
(i) Individuals who primarily reside in rural areas;
(j) Individuals experiencing homelessness; and
(k) Youth.
(l4) Upskilling means activities to increase the skill levels of an employee
so the employee is able to retain employment and advance within a company.
(15) (a) Work-based learning means learning that occurs, in whole or in
part, in the workplace that provides youth and adults, including teachers in K-12 classrooms, with hands-on, real-world experience and training for skills development.
(b) Work-based learning includes activities such as job shadowing,
internships, externships, pre-apprenticeships, apprenticeships, residencies, and incumbent-worker training.
(c) Work-based learning also includes externships in STEM or STEM-related fields tailored to provide K-12 teachers with knowledge to improve
classroom curriculum.
(16) Work-based learning intermediary means an entity selected by the
department pursuant to section 8-83-602 (3).
(17) Work force development council means the state work force
development council created in section 24-46.3-101.
(18) Youth means an individual eligible to be educated in the public school
system pursuant to section 2 of article IX of the state constitution.
Source: L. 2022: Entire part added, (SB 22-140), ch. 357, p. 2548, � 2,
effective July 1. L. 2023: (7) amended, (SB 23-051), ch. 37, p. 143, � 15, effective March 23; (4.5), (5.5), (5.7), (10.5), and (12.5) added and (15) amended, (HB 23-1198), ch. 239, p. 1286, � 1, effective August 7.
C.R.S. § 9-1-106
9-1-106. Loss of life - penalty. If any lives are lost by reason of the willful negligence and failure to observe the provisions of this article, the person through whose default such loss of life was occasioned commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
Source: G.L. � 117. G.S. � 138. R.S. 08: � 433. C.L. � 5472. CSA: C. 26, � 7.
CRS 53: � 17-1-6. C.R.S. 1963: � 17-1-6. L. 72: p. 556, � 8. L. 77: Entire section amended, p. 869, � 20, effective July 1, 1979. L. 89: Entire section amended, p. 821, � 7, effective July 1. L. 2002: Entire section amended, p. 1467, � 22, effective October 1.
Editor's note: The effective date for amendments made to this section by
chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, � 21, L. 79. See People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980).
Cross references: (1) For the crimes of manslaughter and criminally
negligent homicide, see �� 18-3-104 and 18-3-105.
(2) For the legislative declaration contained in the 2002 act amending this
section, see section 1 of chapter 318, Session Laws of Colorado 2002.
ARTICLE 1.3
Low-flow Plumbing Fixtures
9-1.3-101 to 9-1.3-106. (Repealed)
Editor's note: (1) This article was added in 1989. For amendments to this
article prior to its repeal in 2016, consult the 2015 Colorado Revised Statutes and the Colorado statutory explanatory note beginning on page vii in the front of this volume.
(2) Section 9-1.3-106 provided for the repeal of this article, effective
September 1, 2016. (See L. 2014, pp. 1878, 1880.)
Cross references: For current provisions regarding low-efficiency plumbing
fixtures and water and energy efficiency standards, see article 7.5 of title 6.
ARTICLE 1.5
Excavation Requirements
9-1.5-101. Legislative declaration. The purpose of this article is to prevent
injury to persons and damage to property from accidents resulting from damage to underground facilities by excavation. This purpose shall be facilitated through the creation of a single statewide notification system to be administered by an association of the owners and operators of underground facilities. Through the association, excavators shall be able to obtain crucial information regarding the location of underground facilities prior to excavating and shall thereby be able to greatly reduce the likelihood of damage to any such underground facility or injury to any person working at an excavation site.
Source: L. 81: Entire article added, p. 520, � 1, effective October 1. L. 93:
Entire article amended, p. 498, � 1, effective September 1.
9-1.5-102. Definitions. As used in this article 1.5, unless the context
otherwise requires:
(1) ASCE 38 means the standard for defining the quality of an underground
facility location as defined in the current edition of the American Society of Civil Engineers' Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data (CI/ASCE 38-02) or an analogous successor standard as determined by the safety commission.
(1.5) Damage includes the penetration or destruction of any protective
coating, housing, or other protective device of an underground facility, the denting or partial or complete severance of an underground facility, or the rendering of any underground facility inaccessible.
(2) Emergency situations includes ruptures and leakage of pipelines,
explosions, fires, and similar instances where immediate action is necessary to prevent loss of life or significant damage to property, including, without limitation, underground facilities, and advance notice of proposed excavation is impracticable under the circumstances.
(3) Excavation means any operation in which earth is moved or removed by
means of any tools, equipment, or explosives and includes augering, backfilling, boring, ditching, drilling, grading, plowing-in, pulling-in, ripping, scraping, trenching, hydro excavating, postholing, and tunneling. Excavation does not include:
(a) Routine maintenance on existing planted landscapes; or
(b) An excavation by a rancher or a farmer, as defined in section 42-20-108.5,
occurring on a ranch or farm when the excavation involves:
(I) Any form of existing agricultural activity that is routine for that ranch or
farm;
(II) Land clearing if the activity does not involve deep ripping or deep root
removal of trees or shrubs; or
(III) Routine maintenance of:
(A) An existing irrigation facility if the facility has been subjected to
maintenance in the previous twenty-four months; or
(B) Existing fence lines.
(3.4) Gravity-fed system means any underground facility that is not
pressurized and that utilizes gravity as the only means to transport its contents. These systems include sanitary sewer lines, storm sewer lines, and open-air irrigation ditches.
(3.7) Licensed professional engineer means a professional engineer as
defined in section 12-120-202 (7).
(4) Notification association or association means the statewide
notification association of owners and operators of underground facilities created in section 9-1.5-105.
(5) (a) Operator or owner means any person, including public utilities,
municipal corporations, political subdivisions, or other persons having the right to bury underground facilities in or near a public road, street, alley, right-of-way, or utility easement.
(b) Operator or owner does not include any railroad.
(6) Person means any individual acting on his or her own behalf, sole
proprietor, partnership, association, corporation, or joint venture; the state, any political subdivision of the state, or any instrumentality or agency of either; or the legal representative of any of them.
(6.5) Routine maintenance means a regular activity that happens at least
once per year on an existing planted landscape if earth is not disturbed at a depth of more than twelve inches by nonmechanical means or four inches by mechanical means and if the activities are not intended to permanently lessen the ground cover or lower the existing ground contours. Mechanical equipment used for routine maintenance tasks shall be defined as aerators, hand-held rototillers, soil injection needles, lawn edgers, overseeders, and hand tools.
(6.7) Subsurface utility engineering notification means a notice to the
notification association that a project is being designed by a licensed professional engineer and that the project will include the investigation and depiction of existing underground facilities that meet or exceed the ASCE 38 standard.
(6.8) Subsurface utility engineering-required project means a project that
meets all of the following conditions:
(a) The project involves a construction contract with a public entity, as that
term is defined in section 24-91-102;
(b) The project involves primarily horizontal construction and does not
involve primarily the construction of buildings;
(c) (I) The project:
(A) Has an anticipated excavation footprint that exceeds two feet in depth
and that is a contiguous one thousand square feet; or
(B) Involves utility boring.
(II) For purposes of this subsection (6.8)(c), the term two feet in depth does
not include rotomilling, and the contiguous one thousand square feet does not include fencing and signing projects.
(d) The project requires the design services of a licensed professional
engineer.
(6.9) Underground damage prevention safety commission or safety
commission means the enforcement authority established in section 9-1.5-104.2.
(7) Underground facility means any item of personal property which is
buried or placed below ground for use in connection with the storage or conveyance of water or sewage, electronic, telephonic, or telegraphic communications or cable television, electric energy, or oil, gas, or other substances. Item of personal property, as used in this subsection (7), includes, but is not limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, and attachments thereto.
Source: L. 81: Entire article added, p. 520, � 1, effective October 1. L. 93:
Entire article amended, p. 498, � 1, effective September 1. L. 2000: (3) and (6) amended, p. 685, � 1, effective May 23. L. 2009: (2) and (3) amended and (6.5) added, (HB 09-1092), ch. 38, p. 151, � 1, effective August 5. L. 2018: IP, (1), and (3) amended and (1.5), (3.4), (3.7), and (6.7) to (6.9) added, (SB 18-167), ch. 256, p. 1561, � 1, effective August 8. L. 2019: (3.7) amended, (HB 19-1172), ch. 136, p. 1650, � 27, effective October 1.
9-1.5-103. Plans and specifications - notice of excavation - duties of
excavators - duties of owners and operators - fee - definition.
(1) (Deleted by amendment, L. 93, p. 499, � 1, effective September 1, 1993.)
(2) Architects, engineers, or other persons designing excavation shall obtain
general information as to the description, nature, and location of underground facilities in the area of such proposed excavation and include such general information in the plans or specifications to inform an excavation contractor of the existence of such facilities and of the need to obtain information thereon pursuant to subsection (3) of this section.
(2.4) At the project owner's expense, a licensed professional engineer
designing for a subsurface utility engineering-required project shall:
(a) Notify the notification association with a subsurface utility engineering
notification;
(b) Either:
(I) Meet or exceed the ASCE 38 standard for defining the underground
facility location in the stamped plans for all underground facilities within the proposed excavation area; or
(II) Document the reasons why any underground facilities depicted in the
stamped plans do not meet or exceed ASCE 38 utility quality level B or its successor utility quality level;
(c) Attempt to achieve ASCE 38 utility quality level B or its successor utility
quality level on all utilities within the proposed excavation area unless a reasonable rationale by a licensed professional engineer is given for not doing so; and
(d) Document the reasons why any underground facilities depicted in the
stamped plans do not meet or exceed ASCE 38 utility quality level A or its successor utility quality level for underground facilities at the point of a potential conflict with the installation of a gravity-fed system.
(2.7) An underground facility owner that receives a subsurface utility
engineering notification or other request for information from a designer shall respond to the request within ten business days after the request, not including the day of actual notice, in one or more of the following ways:
(a) Provide underground facility location records that give the available
information on the location, not to include depth, of underground facilities within the project limits;
(b) Provide a mark on the ground that gives the approximate location, not to
include depth, of its underground facilities within the project limits; or
(c) Provide the available information as to the approximate location, not to
include depth, of its underground facilities within the project limits.
(3) (a) (I) Repealed.
(II) Effective January 1, 2021, except in emergency situations, except as to an
employee or an employer's contractor with respect to the employer's underground facilities, and except as otherwise provided in subsection (3)(e) of this section, a person shall not make or begin excavation without first notifying the notification association. Notice may be given by electronic methods approved by the notification association or by telephone.
(b) Notice of the commencement, extent, and duration of the excavation
work shall be given at least two business days prior thereto not including the day of actual notice.
(c) (I) Any notice given pursuant to subsection (3)(b) of this section must
include the following:
(A) The name and telephone number of the person who is giving the notice;
(B) The name and telephone number of the excavator; and
(C) The specific location, starting date, and description of the intended
excavation activity.
(II) If an area of excavation cannot be accurately described on the locate
request, the excavator shall notify the owner or operator of the area of excavation using one or more of the following methods:
(A) Physical delineation with white marks on a hard surface area;
(B) Electronic delineation on a map, plan sheet, or aerial photograph that can
be transmitted electronically from the excavator to the facility owner or operator through the notification association; or
(C) Scheduling an on-site meeting between the excavator and the owner or
operator.
(d) An excavator requiring existing marked underground facilities to be
exposed may list a single secondary excavator on its notice to the notification association and employ the services of the listed secondary excavator to expose marked underground facilities using reasonable care to not damage the facilities. The secondary excavator may expose marked underground facilities under the excavator's notice to the notification association only if the excavator has complied with this subsection (3).
(e) (I) Notwithstanding any other provision of this article 1.5, excavation that
is routine or emergency maintenance of the right-of-way of a county-maintained gravel or dirt road and is performed by county employees does not require notification of the notification association unless the excavation will:
(A) Lower the existing grade or elevation of the road or any adjacent
shoulder or the designed and constructed elevation of any adjacent ditch flowline; or
(B) Disturb more than six inches in depth as it is conducted.
(II) As used in this subsection (3)(e), ditch flowline means the line running
the length of the bottom of a ditch so that water entering the ditch runs first to the line and thereafter down the line.
(4) (a) (I) Any owner or operator receiving notice pursuant to subsection (3) of
this section shall, at no cost to the excavator and within two business days, not including the day of actual notice, use reasonable care to advise the excavator of the location, number, and size of any underground facilities in the proposed excavation area, including laterals in the public right-of-way, by marking the location of the facilities with clearly identifiable markings within eighteen inches horizontally from the exterior sides of the facilities. The markings must include the depth, if known, and shall be made pursuant to the uniform color code as approved by the American Public Works Association. The markings must meet the marking standards as established by the safety commission pursuant to section 9-1.5-104.2 (1)(a)(I). The documentation required by this subsection (4)(a)(I) shall be provided to the excavator through the notification association and must meet or exceed any quality standards established by the safety commission pursuant to section 9-1.5-104.2 (1)(a)(I). In addition to the markings, the owner or operator shall provide for each of its underground facilities:
(A) Documentation listing the owner's or operator's name and the size and
type of each marked underground facility; and
(B) Documentation of the location of the underground facilities in the form of
a digital sketch, a hand-drawn sketch, or a photograph that includes a readily identifiable landmark, where practicable.
(II) A sewer system owner or operator shall provide its best available
information when marking the location of sewer laterals in the public right-of-way with clearly identifiable markings. Best available information includes tap measurements and historic records. If the sewer lateral can be electronically located, the sewer system owner or operator shall mark and document the location of the sewer laterals in accordance with this subsection (4)(a). If a sewer system owner or operator of a sewer lateral cannot electronically locate the sewer lateral, the excavator shall find the sewer lateral.
(III) The marking of customer-owned laterals in the public right-of-way is for
informational purposes only, and an owner or operator is not liable to any party for damages or injuries resulting from damage done to customer-owned laterals.
(IV) If a person is involved in excavating across a preexisting underground
facility, the owner of such facility shall, upon a predetermined agreement at the request of the excavator or the owner, provide on-site assistance. Any owner or operator receiving notice concerning an excavator's intent to excavate shall use reasonable care to advise the excavator of the absence of any underground facilities in the proposed excavation area by providing positive response documentation to the excavator through the notification association that no underground facilities exist in the proposed excavation area. An owner or operator shall, within the time limits specified in subsection (6) of this section, provide to the excavator evidence, if any, of underground facilities abandoned after January 1, 2001, known to the owner or operator to be in the proposed excavation area.
(b) The marking of underground facilities shall be considered valid so long as
the markings are clearly visible, but not for more than thirty calendar days following the due date of the locate request initiated pursuant to subsection (3) of this section. If an excavation has not been completed within the thirty-day period, the excavator shall notify the notification association at least two business days, not including the day of actual notice, before the end of the thirty-day period.
(b.5) Any person who willfully or maliciously removes a marking used by an
owner or operator to mark the location of any underground facility, except in the ordinary course of excavation, commits a petty offense.
(c) (I) (A) When a person excavates within eighteen inches horizontally from
the exterior sides of any marked underground facility, the person shall use nondestructive means of excavation to identify underground facilities and shall otherwise exercise reasonable care to protect any underground facility in or near the excavation area. When utilizing trenchless excavation methods, the excavator shall expose underground facilities and visually observe the safe crossing of marked underground facilities when requested to do so by the underground facility owner or operator or the government agency that issued a permit for the excavation.
(B) The excavator shall maintain adequate and accurate documentation,
including photographs, video, or sketches and documentation obtained through the notification association, at the excavation site on the location and identification of any underground facility and shall maintain adequate markings of any underground facility throughout the excavation period. A person shall not use a subsurface utility engineering notification for excavation purposes.
(II) (A) If the documentation or markings maintained pursuant to subsection
(4)(c)(I) of this section become lost or invalid, the excavator shall notify the notification association or the affected owner or operator through the notification association and request an immediate reverification of the location of any underground facility. Upon receipt of the notification, the affected owner or operator shall respond as quickly as is practicable. The excavator shall cease excavation activities at the affected location until the location of any underground facilities has been reverified.
(B) If the documentation or markings maintained pursuant to subsection
(4)(c)(I) of this section are determined to be inaccurate, the excavator shall immediately notify the affected owner or operator through the notification association and shall request an immediate reverification of the location of any underground facility. Upon receipt of the notification, the affected owner or operator shall respond as quickly as practicable. The excavator may continue excavation activity if the excavator exercises due caution and care to prevent damaging any underground facility.
(III) If a person performing routine maintenance discovers an underground
facility in the area where the routine maintenance is being performed, the person shall notify the notification association and the affected owner or operator as quickly as practicable and request an immediate verification of the location of any underground facility. Upon receiving notification, the affected owner or operator shall respond as quickly as practicable. The person shall cease routine maintenance activities in the immediate area, as determined by exercising due caution and care, until the location of any underground facilities has been verified.
(5) In emergency situations, excavators shall take such precautions as are
reasonable under the circumstances to avoid damage to underground facilities and notify affected owners or operators and the notification association as soon as possible of such emergency excavations. In the event of damage to any underground facility, the excavator shall immediately notify the affected owner or operator and the notification association of the location and extent of such damage.
(6) If documentation or markings requested and needed by an excavator
pursuant to subsection (4) of this section are not provided by the owner or operator within two business days, not including the day of actual notice, or such later time as agreed upon by the excavator and the owner or operator, or, if the documentation or markings provided fail to identify the location of the underground facilities, the excavator shall immediately give notice through the notification association to the owner or operator, may proceed with the excavation, and is not liable for such damage except upon proof of the excavator's lack of reasonable care.
(6.5) If positive response required pursuant to subsection (4) of this section
is not provided by the owner or operator within two business days, not including the day of actual notice, or by a later time as otherwise agreed upon in writing, the notification association shall send an additional renotification to that owner or operator. The notification association shall continue to send out renotifications daily until the notification association receives the positive response.
(7) (a) In the event of damage to an underground facility, the excavator,
owner, and operator shall cooperate to mitigate damages to the extent reasonably possible, including the provision of in-kind work by the excavator where technical or specialty skills are not required by the nature of the underground facility. Such in-kind work may be under the supervision and pursuant to the specifications of the owner or operator.
(b) If damage to an underground facility meets or exceeds the reporting
threshold as established by the notification association pursuant to paragraph (c) of this subsection (7), the owner or operator of the damaged underground facility shall provide the information listed in subparagraphs (I) to (VII) of paragraph (c) of this subsection (7) to the notification association within ninety days after service has been restored.
(c) The notification association shall create and publicize to its members a
reporting process, including the availability of electronic reporting and a threshold at which reporting is required, to compile the following information:
(I) The type of underground facility that was damaged;
(II) Whether notice of the intention to excavate was provided to the
notification association;
(III) Whether the underground facility had been validly marked prior to being
damaged;
(IV) The type of service that was interrupted;
(V) Repealed.
(VI) The duration of the interruption; and
(VII) The location of the area where the underground facility was damaged.
(d) The notification association shall include a statistical summary of the
information provided to it under this subsection (7) in the annual report required under section 9-1.5-105 (2.6).
(e) (I) On or before July 1 of each year, the notification association shall
prepare and submit to the safety commission an annual report for each owner or operator summarizing the following data from the prior calendar year:
(A) The number of locate requests submitted to the owner or operator
pursuant to subsection (4) of this section;
(B) The number of notices submitted to the owner or operator pursuant to
subsection (6) of this section;
(C) The percentage of locate requests resulting in notices submitted to the
owner or operator pursuant to subsection (6) of this section;
(D) The number of renotifications submitted to the owner or operator
pursuant to subsection (6.5) of this section; and
(E) The percentage of locate requests resulting in renotifications submitted
to the owner or operator pursuant to subsection (6.5) of this section.
(II) The notification association shall make the data in the annual report
electronically accessible to the safety commission for customized reports or research.
(8) A person who performs maintenance shall take reasonable care when
disturbing the soil.
(9) If damage results in the escape of any interstate or intrastate natural gas
or other gas or hazardous liquid, the excavator or person that caused the damage shall promptly report to the owner and operator and the appropriate authorities by calling the 911 emergency telephone number or another emergency telephone number. The reporting is in addition to any reporting required to be made to any state or local agency.
(10) All new underground facilities, including laterals up to the structure or
building being served, installed on or after August 8, 2018, must be electronically locatable when installed.
(11) Nothing in this article 1.5 affects or impairs any local ordinances or other
provisions of law requiring permits to be obtained before an excavation. A permit issued by a government agency does not relieve an excavator from complying with this article 1.5.
Source: L. 81: Entire article added, p. 521, � 1, effective October 1. L. 93:
Entire article amended, p. 499, � 1, effective September 1. L. 2000: (4)(a), (4)(c), (6), and (7) amended and (4)(b.5) added, p. 685, � 2, effective May 23. L. 2009: (4)(c)(III) and (8) added, (HB 09-1092), ch. 38, p. 152, �� 2, 3, effective August 5. L. 2018: (2.4), (2.7), (6.5), (7)(e), and (9) to (11) added, (3)(a), (3)(c), (3)(d), (4)(a), (4)(b), (4)(c)(I), (4)(c)(II), and (6) amended, and (7)(c)(V) repealed, (SB 18-167), ch. 256, p. 1563, � 2, effective August 8. L. 2021: (4)(b.5) amended, (SB 21-271), ch. 462, p. 3144, � 100, effective March 1, 2022; (3)(a)(II) and (4)(b) amended and (3)(e) added, (HB 21-1095), ch. 173, p. 948, � 1, effective June 1, 2022.
Editor's note: Subsection (3)(a)(I)(B) provided for the repeal of subsection
(3)(a)(I), effective January 1, 2021. (See L. 2018, p. 1563.)
9-1.5-104. Injunctive relief. (Deleted by amendment)
Source: L. 81: Entire article added, p. 522, � 1, effective October 1. L. 93:
Entire article amended, p. 502, � 1, effective September 1.
9-1.5-104.2. Underground damage prevention safety commission - creation
-
review of violations - enforcement - rules. (1) (a) There is created the underground damage prevention safety commission in the department of labor and employment. The safety commission is a type 2 entity, as defined in section 24-1-105. The safety commission shall:
(I) Advise the notification association and other state agencies, the general assembly, and local governments on:
(A) Best practices and training to prevent damage to underground utilities;
(B) Policies to enhance public safety, including the establishment and periodic updating of industry best standards, including marking and documentation best practices and technology advancements; and
(C) Policies and best practices to improve efficiency and cost savings to the 811 program, including the review, establishment, and periodic updating of industry best standards, to ensure the highest level of productivity and service for the benefit of both excavators and owners and operators; and
(II) Review complaints alleging violations of this article 1.5 involving practices related to underground facilities and order appropriate remedial action or penalties.
(b) The safety commission and the notification association shall enter into a memorandum of understanding to facilitate implementation and administration of this section and sections 9-1.5-104.4, 9-1.5-104.7, and 9-1.5-104.8. The memorandum of understanding must include provisions outlining the roles and responsibilities of the safety commission regarding statewide enforcement and the roles and responsibilities of the notification association in administering the notification association as outlined in section 9-1.5-105.
(c) Notwithstanding the powers and duties assigned to the safety commission, this section and section 9-1.5-104.4 do not apply to a home rule county, city and county, municipality, or power authority established pursuant to section 29-1-204 (1), and nothing in this article 1.5 authorizes the safety commission to impose a penalty on or enforce a recommendation or remedial action regarding an alleged violation of this article 1.5 against a home rule county, city and county, municipality, or power authority; except that:
(I) The safety commission shall:
(A) Inform a home rule county, city and county, municipality, or power authority of an alleged violation of this article 1.5; and
(B) At the request of the applicable home rule county, city and county, municipality, or power authority, suggest corrective action; and
(II) Nothing in this subsection (1)(c) prohibits a home rule county, city and county, municipality, or power authority from participating in proceedings of the safety commission.
(d) The governing body of a home rule county, city and county, municipality, or power authority established pursuant to section 29-1-204 (1) shall adopt by resolution, ordinance, or other official action either:
(I) Its own damage prevention safety program similar to that established pursuant to this article 1.5; or
(II) A waiver that delegates its damage prevention safety program to the safety commission.
(2) (a) The governor shall appoint the following fifteen members of the safety commission, taking into consideration nominations made pursuant to this subsection (2)(a), subject to consent by the senate:
(I) One individual nominated by Colorado Counties, Inc., to represent counties;
(II) One individual nominated by the Colorado Municipal League to represent municipalities;
(III) One individual nominated by the Special District Association of Colorado to represent special districts;
(IV) One individual nominated by Colorado's energy industry to represent energy producers;
(V) One individual nominated by the Colorado Contractors Association to represent contractors;
(VI) Two individuals nominated by the excavator members of the notification association to represent excavators;
(VII) One individual nominated by the American Council of Engineering Companies of Colorado to represent engineers;
(VIII) One individual nominated by investor-owner utilities to represent investor-owner utilities;
(IX) One individual nominated by the Colorado Rural Electric Association to represent rural electric cooperatives;
(X) One individual nominated by the Colorado Pipeline Association to represent pipeline companies;
(XI) One individual nominated by the Colorado telecommunications and broadband industry to represent telecommunications and broadband companies;
(XII) One individual nominated by the Colorado Water Utility Council to represent water utilities;
(XIII) One individual nominated by the department of transportation to represent transportation; and
(XIV) One individual nominated by the commissioner of agriculture who is actively engaged in farming or ranching.
(b) The governor shall make initial appointments by January 1, 2019. The members' terms of office are three years; except that the initial term of one of the members appointed pursuant to:
(I) Subsections (2)(a)(I) to (2)(a)(V) of this section is one year; and
(II) Subsections (2)(a)(VI) to (2)(a)(X) of this section is two years.
(c) Within six months after its creation, the safety commission shall adopt bylaws and provide for those organizational processes that are necessary to complete the safety commission's tasks.
(d) The safety commission may promulgate rules to implement this section and sections 9-1.5-104.4, 9-1.5-104.7, and 9-1.5-104.8 and may revise the rules as needed.
(3) The safety commission shall meet at least once every three months. The safety commission shall operate independently of the notification association; however, the notification association and the department of labor and employment shall provide administrative support to the safety commission in performing its duties as outlined in this section.
(4) The safety commission may review complaints of alleged violations of this article 1.5. Any person may bring a complaint to the safety commission regarding an alleged violation. A person who brings a frivolous complaint, as determined by the safety commission, commits a minor violation and is subject to a fine as authorized by section 9-1.5-104.4.
(5) To review a complaint of an alleged violation, the safety commission shall appoint at least three and not more than five of its members as a review committee. The review committee must include the same number of members representing excavators and owners or operators and at least one member who does not represent excavators or owners or operators. A safety commission member who has a conflict of interest with regard to a particular matter shall recuse himself or herself from serving on a review committee with regard to that matter.
(6) (a) Before reviewing a complaint, the review committee shall notify the person making the complaint and the alleged violator of its intent to review the complaint and of the opportunity for both parties to participate. The notification must include the hearing date for the complaint, which must be scheduled for a date within ninety days after the date on which the safety commission received the complaint, and a statement that the parties may submit written or oral comments at the hearing. The hearing date can be postponed by mutual agreement of the parties to a date that is acceptable to the review committee. The complaining party may voluntarily withdraw the complaint prior to a hearing by the review committee. The safety commission shall promulgate rules governing the conduct of hearings under this section.
(b) The review committee shall determine whether a violation of the law has occurred and, if appropriate, recommend remedial action consistent with the guidance developed pursuant to section 9-1.5-104.4 (2). A recommendation of remedial action that includes a fine requires a unanimous vote of the review committee. The review committee shall not recommend remedial action or a fine against a homeowner, rancher, or farmer, as defined in section 42-20-108.5, unless the review committee finds by clear and convincing evidence that a violation of the law has occurred. Within seven business days after the completion of the hearing, the review committee shall provide to the safety commission in writing a report of its findings of facts, its determination of whether a violation of the law has occurred, and any recommendation of remedial action or penalty.
(7) The safety commission is bound by the review committee's findings of fact and decision, but the safety commission may adjust the review committee's recommendation of remedial action or penalty if an adjustment is supported by at least twelve members of the safety commission. Within ten business days after the safety commission meeting to review the findings and recommendations of the review committee, the safety commission shall provide in writing to the person making the complaint and the alleged violator a summary of the review committee's findings and the safety commission's final determination with respect to any required remedial action or penalty. The decision of the safety commission is final agency action subject to review by the district court pursuant to section 24-4-106.
(8) If a decision by the safety commission involves a fine authorized by section 9-1.5-104.4, the safety commission shall invoice for and collect the fine indicating that a violation of this article 1.5 has been committed by a person or involving the underground facilities of a person. The safety commission may enforce the fine assessed under this article 1.5 as provided in section 24-30-202.4.
(9) (a) If a person does not comply with the safety commission's decision, the safety commission, represented by the attorney general, may enforce this article 1.5 by bringing an action in the Denver district court. In an action brought by the safety commission pursuant to this section, the court may award the safety commission all costs of investigation and trial, including reasonable attorney fees fixed by the court.
(b) Any costs incurred by the safety commission as a result of administering this article 1.5, including legal services, shall be paid from the safety commission fund created in section 9-1.5-104.8. Any costs and fees awarded by the court pursuant to this subsection (9) shall be deposited in the safety commission fund created in section 9-1.5-104.8.
Source: L. 2018: Entire section added, (SB 18-167), ch. 256, p. 1568, � 3, effective August 8. L. 2022: IP(1)(a) amended, (SB 22-162), ch. 469, p. 3386, � 96, effective August 10.
Editor's note: This section is repealed, effective September 1, 2028, pursuant to � 9-1.5-108.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
9-1.5-104.3. Alternative dispute resolution. The notification association shall create a voluntary alternative dispute resolution program in consultation with its members and all affected parties. The alternative dispute resolution program must be available to all owners or operators, excavators, and other interested parties regarding disputes arising from damage to underground facilities, including any cost or damage incurred by the owner or operator or the excavator as a result of any delay in the excavation project while the underground facility is restored, repaired, or replaced, exclusive of civil penalties set forth in and fines assessed pursuant to section 9-1.5-104.4 or 9-1.5-104.5, that cannot be resolved through consultation and negotiation. The alternative dispute resolution program must include mediation, arbitration, or other appropriate processes of dispute resolution. The issue of liability and amount of damages under Colorado law may be decided by an appointed arbitrator or by the parties in mediation. Nothing in this section changes the basis for civil liability for damages.
Source: L. 2000: Entire section added, p. 687, � 3, effective May 23. L. 2018: Entire section amended, (SB 18-167), ch. 256, p. 1574, � 4, effective August 8.
9-1.5-104.4. Penalties - guidance. (1) A person who violates this article 1.5 is subject to a fine of not more than five thousand dollars for an initial violation and not more than seventy-five thousand dollars for each subsequent violation within a twelve-month period.
(2) In the performance of its duties regarding any complaint, the safety commission is encouraged to consider training, support services, or other remediation measures that will improve the behavior of the party and further the goals of this article 1.5 to ensure the safety of all participants and Coloradans. The safety commission shall develop guidance for the recommendation of remedial actions that are consistent with the following principles:
(a) Guidance shall be developed to help the review committee in determining whether an alleged violation should be classified as a minor, moderate, or major violation;
(b) Alternatives to fines may be considered, especially for a party that the safety commission has not found to be responsible for a violation in the previous twelve months; and
(c) In considering the appropriate remedial action, the safety commission may consider the number of violations relative to the number of notifications received.
(3) The maximum fines for the three different classifications of violations are as follows:
Number of violations within the previous twelve months
One Two Three Four
Minor $250 $500 $1,000 $5,000
Moderate $1,000 $2,500 $5,000 $25,000
Major $5,000 $25,000 $50,000 $75,000
(4) The following are not subject to a fine otherwise authorized pursuant to
this section:
(a) With regard to an excavation occurring on a ranch or farm, a rancher or a
farmer, as defined in section 42-20-108.5, unless the excavation is for a nonagricultural purpose; and
(b) With regard to a failure to notify the notification association or the
affected owner or operator and to damage to an underground facility during excavation, a homeowner, rancher, or farmer, as defined in section 42-20-108.5, working on the homeowner's, rancher's, or farmer's property.
Source: L. 2018: Entire section added, (SB 18-167), ch. 256, p. 1568, � 3,
effective August 8.
Editor's note: This section is repealed, effective September 1, 2028, pursuant
to � 9-1.5-108.
9-1.5-104.5. Civil penalties - applicability. (1) (a) Every owner or operator of
an underground facility in this state shall join the notification association pursuant to section 9-1.5-105.
(b) Any owner or operator of an underground facility who does not join the
notification association in accordance with paragraph (a) of this subsection (1) shall be liable for a civil penalty of two hundred dollars.
(c) (I) If any underground facility located in the service area of an owner or
operator is damaged as a result of such owner or operator's failure to comply with paragraph (a) of this subsection (1), the court shall impose upon such owner or operator a civil penalty in the amount of five thousand dollars for the first offense and up to twenty-five thousand dollars for each subsequent offense within a twelve-month period after the first offense. Upon a first offense, the owner or operator shall be required by the court to complete an excavation safety training program with the notification association.
(II) If any owner or operator fails to comply with paragraph (a) of this
subsection (1) on more than three separate occasions within a twelve-month period from the date of the first failure to comply with paragraph (a) of this subsection (1), then the civil penalty shall be up to seventy-five thousand dollars.
(d) If any underground facility is damaged as a result of the owner or
operator's failure to comply with paragraph (a) of this subsection (1) or failure to use reasonable care in the marking of the damaged underground facility, such owner or operator shall be presumably liable for:
(I) Any cost or damage incurred by the excavator as a result of any delay in
the excavation project while the underground facility is restored, repaired, or replaced, together with reasonable costs and expenses of suit, including reasonable attorney fees; and
(II) Any injury or damage to persons or property resulting from the damage
to the underground facility. Any such owner or operator shall also indemnify and defend the affected excavator against any and all claims or actions, if any, for personal injury, death, property damage, or service interruption resulting from the damage to the underground facility.
(2) (a) Any person who intends to excavate shall notify the notification
association pursuant to section 9-1.5-103 prior to commencing any excavation activity. For purposes of this paragraph (a), excavation shall not include an excavation by a rancher or a farmer, as defined in section 42-20-108.5, C.R.S., occurring on a ranch or farm unless such excavation is for a nonagricultural purpose.
(b) Any person, other than a homeowner, rancher, or farmer, as defined in
section 42-20-108.5, C.R.S., working on such homeowner's, rancher's, or farmer's property, who fails to notify the notification association or the affected owner or operator pursuant to paragraph (a) of this subsection (2) shall be liable for a civil penalty in the amount of two hundred dollars.
(c) (I) If any person, other than a homeowner, rancher, or farmer, as defined in
section 42-20-108.5, C.R.S., working on such homeowner's, rancher's, or farmer's property, fails to comply with paragraph (a) of this subsection (2) and damages an underground facility during excavation, such person shall be liable for a civil penalty in the amount of five thousand dollars for the first offense and up to twenty-five thousand dollars for each subsequent offense within a twelve-month period after the first offense. Upon a first offense, such person shall be required to complete an excavation safety training program with the notification association.
(II) If any person fails to comply with paragraph (a) of this subsection (2) on
more than three separate occasions within a twelve-month period from the date of the first failure to comply with paragraph (a) of this subsection (2), then the civil penalty shall be up to seventy-five thousand dollars.
(d) If any person, other than a homeowner, rancher, or farmer, as defined in
section 42-20-108.5, C.R.S., working on such homeowner's, rancher's, or farmer's property, fails to comply with paragraph (a) of this subsection (2) or fails to exercise reasonable care in excavating or performing routine maintenance and damages an underground facility during such excavation or routine maintenance, such person shall be presumably liable for:
(I) Any cost or damage incurred by the owner or operator in restoring,
repairing, or replacing its damaged underground facility, together with reasonable costs and expenses of suit, including reasonable attorney fees; and
(II) Any injury or damage to persons or property resulting from the damage
to the underground facility. Any such person shall also indemnify and defend the affected owner or operator against any and all claims or actions, if any, for personal injury, death, property damage, or service interruption resulting from the damage to the underground facility.
(e) Paragraph (d) of this subsection (2) shall not apply to a person who
commences excavation affecting an underground facility if the owner or operator of the underground facility has failed to comply with paragraph (a) of subsection (1) of this section or has failed to use reasonable care in the marking of the affected underground facility.
(3) (a) An action to recover a civil penalty under this section may be brought
by an owner or operator, excavator, aggrieved party, district attorney, or the attorney general. Venue for such an action shall be proper in the district court for the county in which the owner or operator, excavator, or aggrieved party resides or maintains a principal place of business in this state or in the county in which the conduct giving rise to a civil penalty occurred.
(b) Any civil penalty imposed pursuant to this section, including reasonable
attorney fees, shall be paid to the prevailing party.
(c) The penalties and remedies provided in this article 1.5 are in addition to
any other remedy at law or equity available to an excavator or to the owner or operator of a damaged underground facility, and sections 9-1.5-104.2 and 9-1.5-104.4, regarding the safety commission's enforcement authority, do not limit or restrict any other remedy at law or equity available to an excavator or to the owner or operator of a damaged underground facility.
(d) No civil penalty shall be imposed under this section against an excavator
or owner or operator who violates any of the provisions of this section if the violation occurred while the excavator or owner or operator was responding to a service outage or other emergency; except that such penalty shall be imposed if such violation was willful or malicious.
(4) Nothing in this article shall be construed to impose an indemnification
obligation on any public entity or to alter the liability of public entities as provided in article 1
C.R.S. § 9-4-101
9-4-101. Definitions. As used in this article, unless the context otherwise requires:
(1) A.S.M.E. boiler and pressure vessel code means the boiler and pressure
vessel code developed by the boiler and pressure vessel committee of the American society of mechanical engineers with amendments, addenda, and interpretations thereto, made and approved by the council of said society, 1968 edition, a copy of which code is on file in the office of the boiler inspection section of the division of oil and public safety.
(1.5) A.S.M.E. review and survey means the review and survey of the
manufacturers quality control system for the certification of authorization for the use of the A.S.M.E. applicable code symbol stamp.
(2) Boiler means a closed pressure vessel in which a fluid is heated for use
external to itself by the direct application of heat resulting from the combustion of fuel, solid, liquid, or gaseous, or by the use of electricity or nuclear energy.
(2.5) Chief boiler inspector means the person appointed by the director to
oversee the boiler inspection section created in section 9-4-102.
(3) Colorado boiler and pressure vessel code is used to designate the
accepted reference for construction, installation, operation, and inspection of boilers and pressure vessels and will be referred to as the Colorado boiler and pressure vessel code, which includes the A.S.M.E. boiler and pressure vessel codes and the national board inspection code.
(4) Condemned boiler means a boiler which has been inspected and
declared unsafe or disqualified as to legal requirements by an inspector qualified to take such action and to which has been applied a stamping or marking designating its rejection.
(5) Director means the director of the division of oil and public safety or his
or her designee.
(6) External inspection means an inspection made when a boiler is in
operation.
(7) Hot-water heating boiler means a boiler operated at pressure not
exceeding one hundred sixty PSIG and temperature not exceeding two hundred fifty degrees Fahrenheit for water.
(8) Hot-water supply boiler means a boiler used to supply hot water
operated at pressure not exceeding one hundred sixty PSIG and temperatures not exceeding two hundred fifty degrees Fahrenheit at or near the boiler outlet.
(9) Internal inspection means an inspection made when a boiler is shut
down with all handholes or manholes opened for inspection of its interior.
(10) Locomotive boiler means a boiler mounted on a self-propelled track
carrier and which is used to furnish motivating power for traveling on rails.
(11) Miniature boiler means any boiler which does not exceed any of the
following limits:
(a) Sixteen inches inside diameter of shell;
(b) Five cubic feet gross volume exclusive of casing and insulation;
(c) One hundred pounds PSIG maximum working pressure.
(12) National board inspection code means the manual for boiler and
pressure vessel inspections published in 1970 by the national board of boiler and pressure vessel inspectors, 10th edition, and subsequent revisions.
(13) Nonstandard boiler means any boiler which does not qualify as a
standard boiler.
(14) Owner or user means any person, firm, corporation, or business entity
of whatever nature owning or operating any boiler within this state.
(14.3) Owner-user inspection organization means an owner or user of
pressure-retaining items who maintains a regularly established inspection department, and whose organization and inspection procedures meet the requirements of the national board of boiler and pressure vessel inspectors rules or the American petroleum institute's API 510 program and are acceptable to the director.
(14.5) Owner-user inspector means an inspector who holds a valid national
board of boiler and pressure vessel inspectors owner-user inspector commission and who has passed the examination prescribed by the national board or is an American petroleum institute certified inspector under a jurisdictionally approved owner-user inspection organization.
(15) Portable boiler means an internally fired boiler which is primarily
intended for temporary locational use, the construction and usage of which is obviously portable for use in multiple locations.
(16) Power boiler means any boiler exceeding the miniature boiler size
which generates steam or vapor at a pressure of more than fifteen pounds per square inch gauge (PSIG).
(16.5) Pressure vessel means a pressure vessel or a container for the
containment of pressure, either internal or external. Except as exempted in section 1910.172 of the Colorado occupational safety and health general standards, such pressure may be obtained from an external source or by the application of heat from a direct or indirect source or by any combination of such methods. The scope in relation to the geometry of pressure-containing parts shall terminate at the following: The first circumferential joint for welding end connections, or the face of the first flange in bolted flanged connections, or the first threaded joint in that type of connection.
(17) Reinstalled boiler means a boiler removed from its original setting and
reerected at the same location or erected at a new location without change of ownership.
(18) Relief valve means an automatic pressure-relieving device actuated by
static pressure upstream of the valve which opens farther with an increase in pressure over the opening pressure. It is used primarily for liquid service.
(19) Safety relief valve means an automatic pressure-actuated relieving
device suitable for use either as a safety valve or relief valve, depending on application.
(20) Safety valve means an automatic pressure-relieving device activated
by static pressure upstream of the valve and characterized by full-opening pop action. It is used for steam, gas, or vapor service.
(21) Secondhand boiler means a boiler in which both location and
ownership have been changed after primary use.
(22) Section means the boiler inspection section of the division of oil and
public safety.
(23) Service and domestic-type water heater means a water heater of
either instantaneous or storage type used for heating or combined heating and storage of hot water for domestic or sanitary purposes or for space heating in which none of the following limitations is exceeded:
(a) Heat input of two hundred thousand BTUs per hour;
(b) Fluid temperature of two hundred ten degrees Fahrenheit;
(c) Normal internal fluid capacity of one hundred twenty gallons.
(24) Shop inspection means inspection of new construction of boilers or
pressure vessels, and shall include review of the specifications, determination that such construction is in accordance with the applicable codes, and certification to the national board and to the A.S.M.E. that such completed new construction is eligible to be stamped with the appropriate A.S.M.E. symbol.
(25) Special boiler inspector means an inspector who has received and
maintained in force a commission as inspector issued by the national board of boiler and pressure vessel inspectors and authorized by the boiler inspection section to inspect or insure boilers in the state of Colorado.
(26) Standard boiler means a boiler which bears the stamp of the state of
Colorado or another state which has adopted a standard boiler construction equivalent to that required by the Colorado boiler and pressure vessel code or a boiler which bears the A.S.M.E. stamp.
(27) State boiler inspector means any boiler inspector employed by the
division of oil and public safety.
(28) Steam-heating boiler means a boiler operated at pressure not
exceeding fifteen PSIG for steam.
Source: L. 71: R&RE, p. 267, � 1. C.R.S. 1963: � 17-3-1. L. 76: (28) amended
and (1.5) and (16.5) added, p. 362, � 1, effective July 1. L. 2001: (1), (22), and (27) amended, p. 1134, � 56, effective June 5. L. 2009: (23)(b) amended, (HB 09-1309), ch. 234, p. 1071, � 1, effective May 4. L. 2011: (2.5) added and (5) amended, (HB 11-1050), ch. 8, p. 16, � 1, effective August 10. L. 2012: (14.3) and (14.5) added, (HB 12-1217), ch. 51, p. 184, � 1, effective August 8.
C.R.S. § 9-4-102
9-4-102. Boiler inspection section - created - director - chief boiler inspector - inspectors - qualifications. (1) The director shall carry out the provisions of this article 4. The director may appoint a chief boiler inspector to oversee the boiler inspection section, which is created in the division of oil and public safety. The boiler inspection section is a type 2 entity, as defined in section 24-1-105. The chief boiler inspector and each state boiler inspector must be qualified from practical experience in the construction, maintenance, repair, or operation of boilers as a mechanical or safety engineer, steam engineer, boilermaker, or boiler inspector of not less than five years' actual experience to enable him or her to judge the safety of boilers for use as such. Neither the chief boiler inspector nor any state boiler inspector shall be interested directly or indirectly in the manufacture, ownership, or sale of boilers or boiler supplies.
(2) The chief boiler inspector and state boiler inspectors shall be reimbursed
for necessary traveling expenses as provided by law.
Source: L. 71: R&RE, p. 269, � 1. C.R.S. 1963: � 17-3-2. L. 2001: (1) amended, p.
1135, � 57, effective June 5. L. 2011: Entire section amended, (HB 11-1050), ch. 8, p. 16, � 2, effective August 10. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3386, � 97, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 9-4-103
9-4-103. Duties - rules. (1) The director shall keep in his or her office a complete and accurate record of the names of owners or users of boilers inspected, giving a full description of the boiler, the pressure allowed, the date when last inspected, and by whom. The director or chief boiler inspector shall investigate and report to the division of oil and public safety the cause of any boiler explosion that occurs within the state. Definitions and rules for the safe construction, installation, inspection, operation, maintenance, and repair of boilers and pressure vessels in the state of Colorado, in addition or supplemental to the existing rules, shall be formulated by the section under the direction of the chief boiler inspector and shall become effective upon approval by the director.
(2) The definitions and rules so formulated for new construction shall be
based upon and at all times follow the generally accepted nationwide engineering standards, formulas, and practices established and pertaining to boiler and pressure vessel construction and safety, and the section, with the approval of the director of the division of oil and public safety, may adopt an existing codification thereof known as the boiler and pressure vessel code of the American society of mechanical engineers, and when so adopted and incorporated by reference pursuant to section 24-4-103 (12.5), C.R.S., shall constitute a part of the whole of the definitions and rules of the section.
(3) The section, under the direction of the director, shall formulate rules
establishing a schedule for the inspection of boilers and pressure vessels and may formulate other rules governing the inspection, operation, maintenance, and repair of boilers and pressure vessels in addition and supplemental to those rules that are part of the Colorado boiler construction code as originally enacted and amended. The rules so formulated shall be based upon and at all times follow the generally accepted nationwide engineering standards and may be based upon those portions of an existing published codification of such rules known as the inspection code of the national board of boiler and pressure vessel inspectors as are considered by the section to be properly applicable. Rules formulated by the section and identification of those portions of the national board inspection code which are declared to be applicable shall be made available to all persons directly affected by a publication which will be prepared and issued, upon request, to such persons by the section.
(4) Inspectors shall carefully inspect every boiler used or proposed to be
used in this state for steaming, hot-water heating purposes, or hot-water supply, including all attachments and connections, in accordance with the inspection schedule established pursuant to subsection (3) of this section.
Source: L. 71: R&RE, p. 270, � 1. C.R.S. 1963: � 17-3-3. L. 2000: (3) and (4)
amended, p. 163, � 1, effective March 17. L. 2001: (1) and (2) amended, p. 1135, � 58, effective June 5. L. 2011: (1) amended, (HB 11-1050), ch. 8, p. 17, � 3, effective August 10.
C.R.S. § 9-4-106
9-4-106. Owner to report boilers - wrongful use - inspection of new installations. (1) It is the duty of the owner or user of boilers, except those boilers exempt from the provisions of this article under section 9-4-104, used or which are to be used in this state, to report to the section the location of newly installed or relocated boilers.
(2) Before the installers of any boiler have boilers placed in service, they
shall notify the section, which, within ten days or as soon thereafter as possible from the date of receiving such notification, shall send an inspector to examine said boilers to determine that the construction, material, bracing, fuel and fluid supply systems, control apparatus, combustion air and ventilating air, electric wiring, piping, and all other parts of such boilers are such as to assure the safety of the boilers.
(3) Upon completion of installation, all boilers shall be inspected by a state
boiler inspector. At the time of inspection, each boiler shall be assigned a serial number by the inspector, which serial number shall be stamped on or affixed to the boiler.
(4) The serial number and letters, whether stamped on or affixed to the
boiler, shall not be less than five-sixteenths of an inch in height, and the serial number shall be preceded by the letters Colo. The stamping shall not be concealed by lagging or paint and shall be exposed at all times. Metal tags shall be furnished by the section on which the assigned number may be stamped. The tag shall be securely affixed to the boiler in the area of the manufacturer's identification and must be used when the metal of which the boiler is made may be damaged by direct stamping.
(5) The owners or users of boilers, or engineers in charge of same, shall not
allow a greater pressure in any boiler than is stated on the certificate of inspection issued by the section. No person or business entity shall use any boiler that has been condemned as unsafe by a state boiler inspector. No person or business entity shall operate a boiler without a valid certificate of inspection.
Source: L. 71: R&RE, p. 271, � 1. C.R.S. 1963: � 17-3-6.
C.R.S. § 9-4-114
9-4-114. Existing power boiler installations. (1) The maximum allowable working pressure of standard boilers shall be determined by the applicable sections of the codes under which they were constructed and stamped. The maximum allowable working pressure on the shell of a nonstandard boiler or drum shell shall be determined by the strength of the weakest section of the structure computed in accordance with formulas provided by the national board of boiler and pressure vessel inspectors or any other nationally recognized engineering authority.
(2) Each power boiler having not more than five hundred square feet of
water-heating surface shall have at least one approved safety valve. Each boiler having more than five hundred square feet of water-heating surface shall have two or more approved safety valves.
(3) The safety valve capacity of each power boiler shall be that which will
discharge all the steam that can be generated by the boiler without allowing the pressure to rise more than six percent above the highest pressure any valve is set, and in no case to more than six percent above the maximum allowable working pressure.
(4) Power boilers equipped with one safety valve shall have the safety valve
set at or below the maximum allowable working pressure. If additional valves are used, the highest pressure setting on additional valves shall not exceed the maximum allowable working pressure by more than three percent.
(5) When two or more power boilers operating at different pressures and
safety valve settings are interconnected, the lower pressure boilers or interconnected piping shall be equipped with safety valves of sufficient capacity to prevent overpressure, considering the generating capacity of the boiler with the lowest allowable pressure.
(6) All power boilers shall have a water-feed supply which will permit the
boilers being fed at any time while under pressure.
(7) Power boilers that are fired with solid fuel not in suspension and having
more than five hundred square feet of water-heating surface shall have at least two means of feeding water. Each source of feeding shall be capable of supplying water to the boiler at a pressure of six percent higher than the highest setting of any safety valve on the boiler, and one such source of feeding shall be steam-operated.
(8) Power boilers fired by gaseous, liquid, or solid fuel in suspension and
having less than five hundred square feet of water-heating surface may be equipped with a single source of feeding water if:
(a) Means are provided for immediate shutoff of heat release;
(b) The boiler furnace and fuel system do not retain sufficient stored heat to
cause damage to the boiler if the water-feed supply is interrupted.
(9) Power boilers that have a water-heating surface of not more than one
hundred square feet shall not have water-feed piping and connection to the boiler smaller than one-half inch pipe size. For boilers having a water-heating surface of more than one hundred square feet, the water-feed piping and connection to the boiler shall not be less than three-fourths inch pipe size. The feed water shall be introduced into a boiler in such a manner that the water will not be discharged directly against surface-exposed gases of high temperature or to direct radiation from the fire or near any riveted joints of the furnace sheets or shell. The water-feed pipe shall be provided with a check valve near the boiler and a valve or cock between the check valve and the boiler. When two or more boilers are fed from a common source, there shall be a regulating valve on the branch to each boiler between the check valve and the source of supply. In all cases where returns are fed back to the boiler by gravity, a check valve and stop valve shall be on each return line, the stop valve placed between the boiler and the check valve, and both shall be located as close to the boiler as practicable.
(10) Fire-actuated plugs, if used, shall conform to the requirements of the
A.S.M.E. boiler and pressure vessel code for power boilers.
(11) No outlet connections, except for damper regulator, feed-water
regulator, low-water fuel cutout, drains, or steam gauges, shall be placed on the piping that connects the water column or gauge glass to the boiler. The water column shall be provided with a drain valve of at least three-fourths of an inch pipe size.
(12) Each power boiler, except forced flow steam generators designed to
operate without a fixed water level, shall have at least one water-gauge glass; except that boilers operated at pressures over four hundred PSI shall be provided with two water-gauge glasses which may be connected to a single water column or connected directly to the drum, in which case they shall conform to A.S.M.E. requirements. The gauge-glass connections and pipe connections shall not be less than one-half inch pipe size. Each water-gauge glass will be fitted with a drain cock or valve. When the boiler operating pressure exceeds one hundred PSI, the glass will be fitted with a globe or gate-valved drain.
(13) The lowest visible part of the water-gauge glass shall be at least two
inches above the lowest permissible water level, which level shall be that at which there will be no danger of overheating any part of the boiler when in operation at that level. This subsection (13) does not apply to forced flow steam generators which are designed to operate without a fixed water level.
(14) Each power boiler shall have a steam gauge, with dial range not less
than one and one-half times the maximum allowable working pressure, connected to the steam space or to the steam connection to the water column. The steam gauge shall be connected to a siphon or equivalent device of sufficient capacity to keep the gauge tube filled with water and so arranged that the gauge cannot be shut off from the boiler except by a cock placed near the gauge and provided with a tee or lever handle arranged to be parallel to the pipe in which it is located when the cock is open.
(15) Each power boiler shall be provided with a one-fourth inch nipple and
globe valve connected to a steam space for the exclusive purpose of attaching a test gauge when the boiler is in service so the accuracy of the gauge may be ascertained.
(16) Steam-gauge connections shall be suitable for the maximum allowable
working pressure and steam temperature; if the temperature exceeds four hundred degrees Fahrenheit, brass or copper pipe or tubing shall not be used.
(17) When a steam-gauge connection longer than eight feet becomes
necessary, a shutoff valve may be used near the boiler if the valve is of the outside-screw-and-yoke type and is locked open when the boiler is in operation. The line shall be of ample size with provisions for free blowing.
(18) Each steam-discharge outlet, except a safety valve, shall be fitted with a
stop valve located as close as practicable to the boiler. When such outlets are over two-inch pipe size, the valve used on the connection shall be the outside-screw-and-yoke rising spindle type to indicate, at a distance, the position of its spindle, whether it is closed or open. The wheel may be carried either on the yoke or attached to the spindle.
(19) When power boilers provided with manholes are connected to a common
steam main, the steam connection from each boiler shall be fitted with two stop valves having ample free-blow drain between them. The discharge of this drain shall be visible to the operator while manipulating the valves and shall be piped clear of the boiler setting. The stop valve shall consist preferably of one automatic nonreturn valve set next to the boiler and a second valve of the outside-screw-and-yoke type; or two valves of the outside-screw-and-yoke type may be used.
(20) Each power boiler shall have a blow-off pipe fitted with a valve or cock.
All fittings and pipe shall conform to the applicable section of the A.S.M.E. boiler and pressure vessel code.
(21) Provisions shall be made for the expansion and contraction of steam
mains connected to power boilers by providing substantial anchorage at suitable points so undue strain shall not be transmitted to the boiler. Steam reservoirs shall be used on steam mains when heavy pulsations of the steam currents cause vibration of the boiler shell plates.
(22) All power boilers heated with gas, oil, or mechanical firing, except
stoker- or hand-fired coal-burning units which are constantly attended, shall be provided with an automatic low-water fuel cutout and with an automatic fuel-regulating control, controlled by boiler pressure.
(23) All cases not specifically covered by this article shall be treated as new
installations or may be referred to the director for instructions concerning the requirements.
Source: L. 71: R&RE, p. 278, � 1. C.R.S. 1963: � 17-3-14.
C.R.S. § 9-5-106
9-5-106. Implementation plan. The builder of any project regulated by this article shall create an implementation plan that guarantees the timely and evenly phased delivery of the required number of accessible units. Such plan shall clearly specify the number and type of units required and the order in which they are to be completed. Such implementation plan shall be subject to approval by the entity with enforcement authority in such project's jurisdiction. The implementation plan shall not be approved if more than thirty percent of the project is intended to be completed without providing a portion of accessible units required by section 9-5-105; except that, if an undue hardship can be demonstrated, or other guarantees provided are deemed sufficient, the jurisdiction having responsibility for enforcement may grant exceptions to this requirement. The implementation plan shall be approved by the governmental unit responsible for enforcement before a building permit is issued.
Source: L. 2003: Entire article amended with relocations, p. 1421, � 1,
effective April 29.
ARTICLE 5.5
Elevator and Escalator
Certification
9-5.5-101. Short title. This article shall be known and may be cited as the
Elevator and Escalator Certification Act.
Source: L. 2007: Entire article added, p. 1412, � 1, effective January 1, 2008.
9-5.5-102. Legislative declaration. The general assembly hereby declares
that in order to ensure minimum safety standards throughout Colorado, the regulation of conveyances is a matter of statewide concern. Nothing in this article shall be construed to prevent a local jurisdiction from regulating conveyances.
Source: L. 2007: Entire article added, p. 1412, � 1, effective January 1, 2008.
9-5.5-103. Definitions. As used in this article 5.5, unless the context
otherwise requires:
(1) Accredited national conveyance association means a conveyance
association that is accredited to certify conveyance inspectors by a nationally recognized standards association, including, without limitation, ASME or ASCE.
(2) Administrator means the director of the division of oil and public safety
within the department of labor and employment or the director's designee.
(3) Approved local jurisdiction means a local jurisdiction that has been
approved by the administrator pursuant to section 9-5.5-112.
(4) ASCE means the American society of civil engineers or its successor.
(5) ASCE 21 means the American society of civil engineers automated
people mover standards published as ASCE standard number ASCE 21-96 as amended by ASCE.
(6) ASME means the American society of mechanical engineers or its
successor.
(7) ASME A17.1 means the safety code for elevators and escalators
published as A17.1 - 2000 Safety Code for Elevators and Escalators as amended by ASME international.
(8) ASME A17.3 means the safety code for elevators and escalators
published as A17.3 - 2002 Safety Code for Existing Elevators and Escalators as amended by ASME international.
(9) ASME A18.1 means the safety code for elevators and escalators
published as A18.1 - 2003 Safety Standard for Platform Lifts and Stairway Chairlifts as amended by ASME international.
(10) Certificate of operation means a document issued by the administrator
or an approved local jurisdiction for a conveyance indicating that the conveyance has been inspected by the administrator, an approved local jurisdiction, or a licensed third-party conveyance inspector and approved under this article.
(11) Conveyance means a mechanical device to which this article applies
pursuant to section 9-5.5-104.
(12) Conveyance contractor means a person who engages in the business
of erecting, constructing, installing, altering, servicing, repairing, or maintaining conveyances.
(13) Conveyance helper or apprentice means a person who works under the
general direction of a certified conveyance mechanic.
(14) Conveyance mechanic means a person who erects, constructs, installs,
alters, services, repairs, or maintains conveyances.
(15) Dormant conveyance means a conveyance that has been temporarily
placed out of service.
(15.5) Fund means the conveyance safety fund created in section 9-5.5-111
(2)(b).
(16) Licensee means a person who is licensed as a conveyance contractor,
conveyance mechanic, or conveyance inspector pursuant to this article.
(17) Local jurisdiction means a city, county, or city and county or any agent
thereof.
(18) Private residence means a separate dwelling, or a separate apartment
in a multiple-apartment dwelling, that is occupied by members of a single-family unit.
(18.5) Private residence conveyance means a powered passenger
conveyance that is limited in size, capacity, rise, and speed and is designed to be installed in a private residence or in a multiple-family dwelling as a means of access to a private residence.
(19) Single-family residence means a private residence that is a separate
building or an individual residence that is part of a row of residences joined by common sidewalls.
(20) Third-party conveyance inspector means a disinterested conveyance
inspector who is retained to inspect a conveyance but is not employed by or affiliated with the owner of the conveyance nor the conveyance mechanic whose repair, alteration, or installation is being inspected.
Source: L. 2007: Entire article added, p. 1412, � 1, effective January 1, 2008. L.
2010: (10) amended and (18.5) added, (HB 10-1231), ch. 75, p. 254, � 1, effective August 11. L. 2025: IP amended and (15.5) added, (SB 25-275), ch. 377, p. 2035, � 34, effective August 6.
9-5.5-104. Scope. (1) Except as provided in subsection (2) of this section,
this article applies to the design, construction, operation, inspection, testing, maintenance, alteration, and repair of the following equipment:
(a) Hoisting and lowering mechanisms equipped with a car or platform that
moves between two or more landings. Such equipment includes elevators and platform lifts, personnel hoists, and dumbwaiters.
(b) Power-driven stairways and walkways for carrying persons between
landings. Such equipment includes, but is not limited to, escalators and moving walks.
(c) Automated people movers as defined in ASCE 21.
(2) This article 5.5 does not apply to the following:
(a) Material hoists;
(b) Manlifts;
(c) Mobile scaffolds, towers, and platforms;
(d) Powered platforms and equipment for exterior and interior maintenance;
(e) Conveyors and related equipment;
(f) Cranes, derricks, hoists, hooks, jacks, and slings;
(g) Industrial trucks within the scope of ASME publication B56;
(h) Items of portable equipment that are not portable escalators;
(i) Tiering or piling machines used to move materials between storage
locations that operate entirely within one story;
(j) Equipment for feeding or positioning materials at machine tools, printing
presses, and other similar equipment;
(k) Skip or furnace hoists;
(l) Wharf ramps;
(m) Railroad car lifts or dumpers;
(n) Line jacks, false cars, shafters, moving platforms, and similar equipment
used by a certified conveyance contractor for installing a conveyance;
(o) Conveyances at facilities regulated by the mine safety and health
administration in the United States department of labor, or its successor, pursuant to the Federal Mine Safety and Health Act of 1977, Pub.L. 91-173, codified at 30 U.S.C. sec. 801 et seq., as amended;
(p) Elevators within the facilities of gas or electric utilities that are not
accessible to the public;
(q) A passenger tramway as defined in section 12-150-103 (5);
(r) Conveyances in a single-family residence; or
(s) Stairway chair lifts as defined in ASME A18.1 - 2005.
(3) This article shall not be construed to prohibit a local jurisdiction from
regulating conveyances if the local jurisdiction has standards that meet or exceed the standards established by this article.
Source: L. 2007: Entire article added, p. 1414, � 1, effective January 1, 2008. L.
2010: IP(1), (1)(a), IP(2), (2)(q), and (2)(r) amended and (2)(s) added, (HB 10-1231), ch. 75, pp. 254, 255, �� 2, 3, effective August 11. L. 2019: IP(2) and (2)(q) amended, (HB 19-1172), ch. 136, p. 1650, � 28, effective October 1.
9-5.5-105. Similar or higher standards authorized. This article shall not be
construed to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, code effectiveness, durability, and safety to those required by this article if technical documentation demonstrates such equivalency or superiority.
Source: L. 2007: Entire article added, p. 1415, � 1, effective January 1, 2008.
9-5.5-106. License required. (1) (a) A person shall not erect, construct, alter,
replace, maintain, remove, or dismantle a conveyance within a building or structure unless the person is licensed as a conveyance mechanic and is working under the supervision of a certified conveyance contractor. A person shall not wire a conveyance unless the person is licensed as a conveyance mechanic and is working under the supervision of a certified conveyance contractor. No other license shall be required for work described in this paragraph (a).
(b) A person shall not be required to be a certified conveyance contractor or
licensed conveyance mechanic to remove or dismantle conveyances that are destroyed as a result of a complete demolition of a secured building or structure or where the hoistway or wellway is demolished back to the basic support structure and no access that endangers the safety of a person is permitted.
(c) A conveyance helper or apprentice shall not be required to be licensed
when working under the supervision of a licensed conveyance mechanic.
(2) A person shall not inspect a conveyance within a building or structure,
including but not limited to a private residence, for purposes of the issuance of a certificate of operation unless licensed as a conveyance inspector.
Source: L. 2007: Entire article added, p. 1415, � 1, effective January 1, 2008.
9-5.5-107. License qualifications - contractor - mechanic - inspector. (1) (a)
To be licensed, a person shall apply solely with the administrator. An applicant shall not be licensed as a conveyance mechanic unless the applicant possesses a certificate of completion of a conveyance mechanic program as approved by the administrator.
(b) In lieu of qualifying pursuant to paragraph (a) of this subsection (1), an
applicant shall qualify if the applicant holds a valid license from another state having standards that, at a minimum, are substantially similar to those imposed by this article as determined by the administrator.
(c) In lieu of qualifying pursuant to paragraph (a) of this subsection (1), an
applicant shall qualify if the applicant:
(I) Has passed an examination, as determined by the administrator, on the
codes and standards that apply to conveyances; and
(II) Furnishes to the administrator acceptable evidence that the applicant
worked as a conveyance mechanic for at least three years without direct supervision.
(d) Repealed.
(2) (a) An applicant shall not be licensed as a conveyance inspector unless
the applicant is certified to inspect conveyances by a nationally recognized conveyance association.
(b) Repealed.
(c) In lieu of qualifying pursuant to paragraph (a) of this subsection (2), an
applicant appointed or designated as a conveyance inspector shall qualify if the applicant is eligible to, and intends to, become nationally certified within one year. A license issued pursuant to this section shall expire upon the termination of employment with the local jurisdiction or after one year from the date of licensure, whichever occurs first. A license issued pursuant to this paragraph (c) shall not be eligible for renewal unless the applicant has obtained national certification.
(3) (a) A person who is not qualified to be a conveyance contractor shall not
be certified as a conveyance contractor.
(b) To qualify to be a certified conveyance contractor, an applicant shall
demonstrate the following qualifications:
(I) The applicant shall employ at least one licensed conveyance mechanic;
and
(II) The applicant shall comply with the insurance requirements in section 9-5.5-115.
(c) Repealed.
Source: L. 2007: Entire article added, p. 1416, � 1, effective January 1, 2008. L.
2008: (2)(c) added, p. 1996, � 1, effective July 1. L. 2010: (3)(c) repealed, (HB 10-1231), ch. 75, p. 255, � 4, effective August 11.
Editor's note: (1) Subsection (1)(d)(II) provided for the repeal of subsection
(1)(d), effective July 1, 2008. (See L. 2007, p. 1416.)
(2) Subsection (2)(b)(II) provided for the repeal of subsection (2)(b), effective
July 1, 2011. (See L. 2007, p. 1416.)
9-5.5-108. License - rules - issuance - renewal - fee. (1) (a) Upon the
administrator's approval of an application, the administrator shall license the conveyance contractor, conveyance mechanic, or conveyance inspector.
(b) The administrator shall promulgate rules requiring a conveyance
mechanic to obtain at least eight hours of continuing education every two years.
(2) (a) When an emergency exists in this state due to a disaster, act of God,
or work stoppage and the number of certified conveyance mechanics in the state is insufficient to deal with the emergency, a certified conveyance contractor may respond as necessary to assure the safety of the public. A person who, in the judgment of a certified conveyance contractor, has an acceptable combination of documented experience and education to perform conveyance work without direct supervision shall seek an emergency conveyance mechanic certification from the administrator within five business days after commencing work for which certification as a conveyance mechanic is required.
(b) The administrator shall issue emergency conveyance mechanic
certifications pursuant to paragraph (a) of this subsection (2). The certified conveyance contractor recommending a person for an emergency conveyance mechanic certification shall furnish such proof of the person's competency as the administrator may require.
(c) Each emergency conveyance mechanic certification shall be, and shall
state that it is, valid for sixty days after the date of issuance and for such particular conveyances or geographical areas as the administrator may designate. Such certification shall entitle the holder to the rights of a certified conveyance mechanic. The administrator shall renew an emergency conveyance mechanic certification during the existence of an emergency. No fee shall be charged for the issuance or renewal of an emergency conveyance mechanic certification.
(3) (a) A certified conveyance contractor shall notify the administrator when
there are no certified conveyance mechanics available to perform conveyance work. The certified conveyance contractor may request that the administrator issue a temporary conveyance mechanic certification to a person who, in the judgment of the certified conveyance contractor, has an acceptable combination of documented experience and education to perform conveyance work without direct supervision. Any such person shall immediately seek a temporary conveyance mechanic certification from the administrator and shall pay such fee as the administrator shall determine.
(b) Each such certification shall be, and shall state that it is, valid for thirty
days after the date of issuance and while employed by the certified conveyance contractor who certified the individual as qualified. The certification shall be renewable as long as there is a shortage of licensed conveyance mechanics.
(4) Except for certified inspectors who qualified during the immediately
preceding twelve months, the administrator shall not renew a certification issued under this section unless the person meets the qualifications for certification under section 9-5.5-107.
(5) The administrator shall establish and collect annual fees for licenses
issued pursuant to this section. The fees shall be in an amount to offset the direct and indirect costs of administering this article.
Source: L. 2007: Entire article added, p. 1417, � 1, effective January 1, 2008.
9-5.5-109. License discipline. (1) A certification issued pursuant to this
article may be suspended or revoked upon a finding by the administrator of any of the following:
(a) A false statement in the application concerning a material matter;
(b) Fraud, misrepresentation, or bribery in applying for certification;
(c) Failure to notify the owner or lessee of a conveyance and the
administrator or approved local jurisdiction, if any, of a condition not in compliance with this article; or
(d) A violation of any provision of this article or of any rule adopted pursuant
to this article.
(2) The suspension or revocation of a license shall be made as a result of a
notice of violation in accordance with section 8-20-104, C.R.S.
(3) The administrator shall not issue a license to a person whose license has
been revoked within the last two years.
Source: L. 2007: Entire article added, p. 1418, � 1, effective January 1, 2008. L.
2010: (1)(c) amended, (HB 10-1231), ch. 75, p. 255, � 5, effective August 11.
9-5.5-110. Accident reports. The owner shall report to the administrator or
an approved local jurisdiction, within twenty-four hours, any accident that results in serious injury to an individual.
Source: L. 2007: Entire article added, p. 1419, � 1, effective January 1, 2008.
9-5.5-111. Registration of existing conveyances - conveyance safety fund -
created. (1) On or before August 1, 2008, the owner or lessee of every existing conveyance shall register the conveyance with the administrator. The registration shall include the type, rated load and speed, name of manufacturer, location, intended purpose for use, and such additional information as the administrator may require. Conveyances constructed or completed after July 1, 2008, shall be registered before they are placed in service.
(2) (a) The administrator shall set annual fees on conveyances for which the
administrator has issued the current certificate of operation in an amount necessary to offset the costs of registration and of the administration of this article in accordance with section 24-4-104, C.R.S.
(b) Fees collected pursuant to this article 5.5 shall be transmitted to the
state treasurer, who shall credit the same to the conveyance safety fund, which is hereby created in the state treasury. Moneys in the fund shall be subject to annual appropriation by the general assembly and shall be used to implement this article 5.5. The moneys in the fund and interest earned on the moneys in the fund shall not revert to the general fund or be transferred to any other fund.
(3) Repealed.
Source: L. 2007: Entire article added, p. 1419, � 1, effective January 1, 2008. L.
2015: (2)(b) amended, (HB 15-1261), ch. 322, p. 1313, � 4, effective June 5. L. 2020: (3) added, (HB 20-1406), ch. 178, p. 811, � 4, effective June 29. L. 2021: (3) repealed, (SB 21-266), ch. 423, p. 2795, � 6, effective July 2. L. 2025: (2)(b) amended, (SB 25-275), ch. 377, p. 2035, � 35, effective August 6.
9-5.5-112. Compliance - rules. (1) The administrator shall promulgate rules
for the construction, alteration, repair, service, and maintenance of conveyances. Except as provided in subsection (3) of this section, such rules shall conform to the following standards:
(a) ASCE 21;
(b) ASME A17.1;
(c) ASME A17.3; and
(d) ASME A18.1.
(2) (a) The administrator shall determine whether a local jurisdiction's
standards are equal to or greater than those of this article. If so, then the administrator shall enter into a memorandum of agreement with the local jurisdiction that approves the jurisdiction's authority to regulate conveyances.
(b) The administrator may establish a schedule for a local jurisdiction to
adopt updated standards, equaling or exceeding the standards imposed under subsection (1) of this section, which shall be adopted within a reasonable amount of time as needed for a local jurisdiction to update its standards.
(3) (a) (I) Except as provided in subparagraph (II) of this paragraph (a), the
administrator shall promulgate rules exempting a conveyance installed before July 1, 2008, from compliance with ASME A17.3 until approval is required by section 9-5.5-113 for substantial alteration or remodeling of the conveyance.
(II) The administrator shall, in cooperation with local jurisdictions,
promulgate rules that authorize the administrator or a local jurisdiction to require an elevator to comply with any portion of ASME A17.3 necessary to protect against a material risk to the public safety.
(b) In promulgating the rules required by subsection (1) of this section, the
administrator may adopt changes to the standards listed in subsection (1) of this section that the administrator deems to be in the public interest, including, without limitation, adopting modifications to, changing the applicability of, exempting conveyances from, changing inspector witnessing requirements of, and defining events that trigger the applicability of all or a portion of the standards.
Source: L. 2007: Entire article added, p. 1419, � 1, effective January 1, 2008. L.
2008: Entire section amended, p. 1996, � 2, effective July 1.
9-5.5-113. Conveyance - installation and repair - notice of construction and
initial inspection. (1) The owner or lessee of a conveyance shall not erect, construct, install, or alter a conveyance within a building or structure unless it conforms to the rules adopted by the administrator under this article and the work is performed by a certified conveyance contractor.
(2) The owner or lessee of a conveyance shall not erect, construct, or install
a conveyance within a building or structure unless a notice, including the construction plans, has been sent to the administrator or approved local jurisdiction at least thirty days prior to construction and the administrator or approved local jurisdiction has approved the construction.
(3) The owner or lessee of the property where a new or altered conveyance is
located shall not operate or permit it to be operated unless:
(a) The conveyance has passed an initial inspection conducted by the
administrator, approved local jurisdiction, or third-party inspector;
(b) The person conducting the inspection determines that the conveyance is
safe and complies with the rules adopted by the administrator or approved local jurisdiction; and
(c) The administrator or approved local jurisdiction has issued a certificate of
operation for the conveyance.
Source: L. 2007: Entire article added, p. 1419, � 1, effective January 1, 2008. L.
2010: Entire section amended, (HB 10-1231), ch. 75, p. 255, � 6, effective August 11.
9-5.5-114. Periodic inspections and registrations - rules. (1) (a) The
administrator shall promulgate rules requiring the owner or lessee of a conveyance to periodically certify that the administrator, an approved local jurisdiction, or a licensed third-party conveyance inspector has determined that the conveyance is safe and complies with the rules adopted by the administrator or approved local jurisdiction. Upon such certification, the administrator or approved local jurisdiction shall issue a certificate of operation for the conveyance.
(b) and (c) (Deleted by amendment, L. 2010, (HB 10-1231), ch. 75, p. 256, � 7,
effective August 11, 2010.)
(2) Upon request, the administrator shall provide notice to the owner of a
private residence where a conveyance is located with relevant information about conveyance safety requirements. The penalty provisions of this article shall not apply to private residence owners.
(3) The administrator shall promulgate rules requiring the owner of the
conveyance to have it periodically inspected by a third-party conveyance inspector and the periodic expiration of certificates of operation.
(4) The administrator shall promulgate rules allowing the continued
operation of a private residence conveyance that was installed prior to January 1, 2008, in a building that is not a single-family residence.
(5) The owner or lessee of a conveyance shall not permit the conveyance to
be operated unless the owner or lessee obtains a certificate of operation from the administrator or approved local jurisdiction.
(6) The owner or lessee shall pay a fee in an amount determined by the
administrator for a certificate of operation issued by the administrator. The administrator shall set the fee in accordance with section 24-4-103, C.R.S., to approximate the actual cost of issuing a certificate of operation.
Source: L. 2007: Entire article added, p. 1420, � 1, effective January 1, 2008.
L. 2010: (1) amended and (4), (5), and (6) added, (HB 10-1231), ch. 75, p. 256, � 7, effective August 11. L. 2013: (6) amended, (HB 13-1300), ch. 316, p. 1664, � 11, effective August 7.
9-5.5-115. Insurance. (1) Each conveyance contractor shall submit to the
administrator an insurance policy, certificate of insurance, or certified copy of either issued by an insurance company authorized to do business in Colorado. Such policy shall provide general liability coverage of at least one million dollars for injury or death in each occurrence and coverage for at least five hundred thousand dollars for property damage in each occurrence. In addition, a conveyance contractor shall submit evidence of the insurance coverage mandated by the Workers' Compensation Act of Colorado, articles 40 to 47 of title 8, C.R.S.
(2) Certified conveyance inspectors shall submit to the administrator an
insurance policy, certificate of insurance, or certified copy of either issued by an insurance company authorized to do business in Colorado. Such policy shall provide general liability coverage of at least one million dollars for injury or death in each occurrence and coverage for at least five hundred thousand dollars for property damage in each occurrence.
(3) The administrator shall not certify a conveyance contractor or
conveyance inspector unless the applicant has delivered the policy, certified copy, or certificate of insurance required by this section in a form approved by the administrator. A certified conveyance contractor or conveyance inspector shall notify the administrator at least ten days before a material alteration, amendment, or cancellation of a policy is made.
(4) This section shall not apply to a local jurisdiction or the employee of a
local jurisdiction in the performance of the employee's official duties.
Source: L. 2007: Entire article added, p. 1420, � 1, effective January 1, 2008.
L. 2008: (1) and (2) amended and (4) added, p. 1997, � 3, effective July 1.
9-5.5-116. Enforcement - rules. (1) The administrator may adopt rules to
administer and enforce this article. The administrator may use certified conveyance inspectors for any investigation of an alleged violation of the rules or this article. The administrator may appoint an advisory board to assist in the formulation of rules authorized by this section.
(2) A person may request an investigation into an alleged violation of the
rules or this article, or of a danger posed by any conveyance, by giving notice to the administrator of such violation or danger. Such notice shall be in writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the person making the request. Upon the request of a person signing the notice, such person's name shall not appear on any copy of such notice or any record published, released, or made available.
(3) Upon receipt of such notification, if the administrator determines that
there are reasonable grounds to believe that such violation or danger exists, the administrator shall investigate in accordance with this article to determine if such violation or danger exists. If the administrator determines that there are no reasonable grounds to believe that a violation or danger exists, the administrator shall notify the party in writing of such determination.
Source: L. 2007: Entire article added, p. 1421, � 1, effective January 1, 2008.
9-5.5-117. Liability. This article shall not be construed to relieve or lessen
the responsibility or liability of a person owning, operating, controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing, or repairing a conveyance for damages to person or property caused by a defect, nor does the state of Colorado assume any such liability or responsibility by the adoption or enforcement of this article.
Source: L. 2007: Entire article added, p. 1421, � 1, effective January 1, 2008.
9-5.5-118. Criminal penalties. A person who violates section 9-5.5-106 or 9-5.5-111 commits a petty offense and, upon conviction, shall be punished as provided
in section 18-1.3-503.
Source: L. 2007: Entire article added, p. 1421, � 1, effective January 1, 2008. L.
2021: Entire section amended, (SB 21-271), ch. 462, p. 3145, � 104, effective March 1, 2022.
9-5.5-119. Dangerous conveyance - administrative orders. (1) (a) If, upon
the inspection of a conveyance, the conveyance is found to be in a dangerous condition, an immediate hazard to those riding or using it, or designed or operated in an inherently dangerous manner, the certified conveyance inspector shall notify:
(I) The owner;
(II) The approved local jurisdiction; and
(III) If the conveyance is not within an approved local jurisdiction, the
administrator.
(b) Upon being notified pursuant to paragraph (a) of this subsection (1), the
administrator or approved local jurisdiction shall order such alterations or additions as may be deemed necessary to eliminate the danger.
(2) (a) In lieu of repairing or altering a dangerous conveyance pursuant to
subsection (1) of this section, an owner or a lessee may have the conveyance made dormant. A dormant conveyance shall not be used until it is made safe in compliance with this article. In order to qualify under this subsection (2), the owner or lessee of a dormant conveyance shall:
(I) Remove the fuses and lock the mainline disconnect switch in the off
position;
(II) Park the car and close and latch the hoistway doors;
(III) Have a certified conveyance inspector place a wire seal on the mainline
disconnect switch; and
(IV) Prevent the conveyance from being used.
(b) A conveyance shall not be made dormant for more than five years. Upon
making a conveyance dormant, a certified conveyance inspector shall report the fact to the administrator.
Source: L. 2007: Entire article added, p. 1422, � 1, effective January 1, 2008.
9-5.5-120. Repeal of article. This article 5.5 is repealed, effective
September 1, 2031. Before the repeal, the functions of the administrator are scheduled for review in accordance with section 24-34-104.
Source: L. 2007: Entire article added, p. 1422, � 1, effective January 1, 2008.
L. 2015: Entire section amended, (HB 15-1353), ch. 318, p. 1298, � 1, effective August 5. L. 2022: Entire section amended, (HB 22-1212), ch. 253, p. 1846, � 2, effective May 26.
ARTICLE 5.7
Amenities for All Genders in Public Buildings
9-5.7-101. Legislative declaration. (1) The general assembly finds and
declares that:
(a) It is a matter of statewide concern to promote the public welfare by
providing access to non-gendered restroom facilities that are convenient for people of all genders, including those outside the gender binary;
(b) The lack of adequate restroom facilities leads to unsafe and inequitable
conditions for Colorado children, families, and communities. Experts from health providers to faith leaders, including the occupational safety and health administration, stress the need for single occupancy non-gendered restrooms and multiple-occupant or multiple-stalled non-gendered restrooms to be accessible for all employees and individuals. The lack of accessibility to restroom facilities that are consistent with an individual's gender identity singles out those individuals and can result in experiences of harassment and cause those individuals to avoid restrooms entirely, which can lead to potentially serious physical injury or illness. Access to non-gendered restrooms has far-reaching benefits for parents caring for a child, including parents with young children who need to access a baby diaper changing station and individuals with disabilities who have a caretaker of a different gender to assist them.
(c) Men's restrooms and single-stall restrooms typically do not provide baby
diaper changing stations. This creates accessibility inequity for parents and care providers who do not identify as women or who may not be comfortable using women's restrooms and creates potential health and safety problems for babies. Without clean and safe baby diaper changing stations, these care providers may be forced to resort to unsafe and unsanitary locations, such as restroom floors, to change babies' diapers. Requiring equitable access to amenities in public restrooms would make it easier for parents and care providers of all genders to find a safe and suitable place to change babies' diapers. Providing safe, reliable, and clean baby diaper changing stations in all restroom facilities enables better caretaking for infants by all parents and care providers and safer conditions for infants.
(d) Requiring all single-stall restrooms to be designated for use by any
gender reduces wait times and increases comfort and accessibility for care providers and people receiving care, individuals with diverse gender expressions, and LGBT individuals. For LGBT individuals or individuals with diverse gender expressions, using gendered facilities can pose health and safety issues stemming from experiences of harassment and physical threats in gendered facilities regardless of which gendered facility they use or their physical presentation. Due to these experiences and associated stigma, some people avoid using public restrooms whenever possible and may refrain from eating, drinking, or relieving themselves for extended periods of time in order to avoid gendered facilities. Delaying or avoiding using the restroom can have physical health implications.
(e) The I.P.C. includes two amendments regarding non-gendered restrooms.
One amendment requires signage on single-stall restrooms to indicate that they are open to any user regardless of gender. The other amendment allows the creation of non-gendered multi-stall designs with shared sinks and each toilet in a private compartment.
(f) The I.P.C. also requires that single-stall restrooms be identified for use by
all individuals regardless of sex and allows for multi-user facilities to serve all genders. The Colorado state architect adopts codes for construction at all state-owned buildings and facilities and has adopted the 2021 edition of the international building code.
Source: L. 2023: Entire article added, (HB 23-1057), ch. 254, p. 1438, � 1,
effective August 7. L. 2025: (1)(e) amended, (SB 25-275), ch. 377, p. 2036, � 36, effective August 6.
9-5.7-102. Definitions. As used in this article 5.7, unless the context
otherwise requires:
(1) Accessible to the public means any indoor or outdoor space or area that
is open to the public. This does not include private offices or workspaces that are generally not open to customers or public visitors.
(2) Certified historic structure means a property located in Colorado that
has been certified by the state historical society or an entity other than the owner of the property that is authorized, pursuant to section 24-80.1-105 (1), to nominate properties to the state register of historic properties as a historic structure because it has been:
(a) Listed individually on, or as a contributing property in a district included
within, the national register of historic places;
(b) Listed individually on, or as a contributing property in a district that is
included within, the state register of historic properties pursuant to article 80.1 of title 24; or
(c) Listed individually by, or as a contributing property within a designated
historic district of, a certified local government.
(3) Gender-specific restroom means a restroom that is designated for use
by only one gender.
(3.4) I.P.C. means the International Plumbing Code, 2021 edition.
(4) LGBT individual means an individual who is a member of the lesbian,
gay, bisexual, transgender, and nonbinary community.
(5) Non-gendered multi-stall restroom means a restroom with multiple
toilets that is available for use by people of any gender, including a restroom with shared sinks but each toilet is in a private compartment.
(6) Non-gendered single-stall restroom means a restroom that is available
for use by people of any gender that is a fully enclosed room with a locking mechanism controlled by the user and contains a sink, toilet, and no more than one urinal.
(7) Public entity means a state department or state agency, a state
institution of higher education, as defined in section 23-18-102 (10), a county, a city and county, or a municipality. For purposes of this article 5.7, a state agency does not include any building owned and operated as an education facility by the department of education or a school district, charter school, or institute charter school.
(8) (a) Renovation of a restroom means construction to a restroom:
(I) For which a permit is required other than for a repair; and
(II) That includes changing the structure by:
(A) Increasing the square footage;
(B) Installing or modifying a plumbing or electric system;
(C) Adding, gutting, or removing exterior restroom walls; or
(D) Installing a heating, ventilation, or air conditioning system.
(b) For purposes of this section, renovation does not include repairs to or
replacement of fixtures or features of the restroom in order to restore something that is damaged, deteriorated, or broken in a restroom to its original function that does not meet the criteria described in subsection (8)(a) of this section.
Source: L. 2023: Entire article added, (HB 23-1057), ch. 254, p. 1440, � 1,
effective August 7. L. 2024: (7) and (8) R&RE, (HB 24-1450), ch. 490, p. 3406, � 16, effective August 7. L. 2025: (3.4) added, (SB 25-275), ch. 377, p. 2036, � 37, effective August 6.
9-5.7-103. Restrooms - baby diaper changing stations - applicability -
signage - enforcement. (1) On and after January 1, 2024, a building that is wholly or partially owned by a public entity that is:
(a) Scheduled for renovation of a restroom must:
(I) Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom where a restroom is accessible to the public;
(II) Ensure that any single-stall restroom is not a gender-specific restroom;
(III) Allow for the use of a multi-stall restroom by any gender if certain
facility features are met pursuant to the I.P.C. or any subsequent international plumbing code adopted as part of the Colorado plumbing code and the Colorado fuel gas code adopted by the state plumbing board pursuant to section 12-155-106;
(IV) Provide any caregiver on the gender binary that is caring for an infant
access to at least one safe, sanitary, and convenient baby diaper changing station where a restroom is accessible to the public as follows:
(A) If only gender-specific restrooms are available, at least one changing
table in each restroom;
(B) If a non-gendered single-stall restroom is available, at least one
changing table in that restroom, and public entities are encouraged to also provide changing tables in each of the single-stall gender-specific restrooms;
(C) If a non-gendered multi-stall restroom is available, at least one changing
table in that restroom, and public entities are encouraged to also provide changing tables in each of the gender-specific restrooms; or
(D) An easily accessible location with equivalent privacy and amenities as a
restroom; and
(V) Ensure that each baby diaper changing station is maintained, repaired,
and replaced as necessary to ensure safety and ease of use and cleaned with the same frequency as the restroom in which it is located or restrooms on the same floor or in the same space if the changing table is located in a restroom;
(b) A newly constructed building on each floor must:
(I) Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom on each floor where a restroom is accessible to the public;
(II) Ensure that any single-stall restroom is not a gender-specific restroom;
(III) Allow for the use of a multi-stall restroom by any gender if certain
facility features are met pursuant to the I.P.C. or any subsequent international plumbing code adopted as part of the Colorado plumbing code and the Colorado fuel gas code adopted by the state plumbing board pursuant to section 12-155-106;
(IV) Provide any caregiver on the gender binary that is caring for an infant
access to at least one safe, sanitary, and convenient baby diaper changing station that is accessible to the public on each floor where there is a restroom accessible to the public and that includes:
(A) If only gender-specific restrooms are available, at least one changing
table in each restroom;
(B) If a non-gendered single-stall restroom is available, at least one
changing table in that restroom, and public entities are encouraged to also provide changing tables in each of the single-stall gender-specific restrooms;
(C) If a non-gendered multi-stall restroom is available, at least one changing
table in that restroom, and public entities are encouraged to also provide changing tables in each of the gender-specific restrooms; or
(D) An easily accessible location with equivalent privacy and amenities as a
restroom; and
(V) Ensure that each baby diaper changing station is maintained, repaired,
and replaced as necessary to ensure safety and ease of use and cleaned with the same frequency as the restroom in which it is located or restrooms on the same floor or in the same space if the changing table is not located in a restroom.
(2) On and after July 1, 2025, a building that is wholly or partially owned by a
public entity that:
(a) Is accessible to employees or enrolled students and that is scheduled for
renovation of a restroom must:
(I) Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom;
(II) Ensure that any single-stall restroom is not a gender-specific restroom;
and
(III) Allow for the use of a multi-stall restroom by any gender if certain
facility features are met pursuant to the I.P.C. or any subsequent international plumbing code adopted as part of the Colorado plumbing code and the Colorado fuel gas code adopted by the state plumbing board pursuant to section 12-155-106;
(b) Is a newly constructed building on each floor must:
(I) Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom;
(II) Ensure that any single-stall restroom is not a gender-specific restroom;
and
(III) Allow for the use of a multi-stall restroom by any gender if certain
facility features are met pursuant to the I.P.C. or any subsequent international plumbing code adopted as part of the Colorado plumbing code and the Colorado fuel gas code adopted by the state plumbing board pursuant to section 12-155-106.
(3) Beginning July 1, 2024, but no later than July 1, 2026, subject to available
appropriations for public entities that are a state agency, a building that is wholly or partially owned or leased by a public entity must ensure that signage for the building or the portion of the building leased or owned complies with the following signage requirements:
(a) Any restroom with a baby diaper changing station must have signage with
a pictogram void of gender that indicates the presence of the baby diaper changing station;
(b) Any non-gendered multi-stall restroom or single-gendered or non-gendered single-stall restroom must have signage with a pictogram void of gender;
(c) Each building that is accessible to the public must include signage at or
near the entrance to the building indicating the location of restrooms and baby diaper changing stations. If there is a central directory accessible to the public identifying the location of offices, restrooms, and other facilities in the buildings, that central directory must indicate with a pictogram void of gender the location of any baby diaper changing station and the location of any non-gendered multi-stall restroom or single-stall restroom.
(d) All buildings accessible to the public with non-gendered multi-stall
restrooms or non-gendered single-stall restrooms must update signage, if necessary, to include a pictogram void of gender.
(4) All restrooms subject to subsections (1) and (2) of this section shall
comply with the current ADA standards for accessible design set forth in 28 CFR 35, applicable to public entities and promulgated in accordance with the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended.
(5) Subsections (1) and (2) of this section do not apply to the renovation of a
restroom or a newly constructed building project if:
(a) A local building permitting entity or building inspector determines that
the installation of a baby diaper changing station in accordance with subsection (1)(d) of this section would result in a failure to comply with applicable building standards governing the right of access for individuals with disabilities. The permitting entity or building inspector may grant an exemption from the requirements of this section under those circumstances, if there is documentation demonstrating that no alternative design is possible that complies with the right of access for individuals with disabilities and a good faith attempt has been made to design a restroom in a manner that would accommodate individuals with disabilities and the installation of a baby diaper changing station in accordance with subsection (1)(d) of this section.
(b) The project has already progressed through the design review process,
budgeting, and final approval by the governing body that has final approval over capital construction project expenditures as of August 7, 2023; or
(c) The building is designated as a certified historic structure.
(6) Any employee with a designated workplace that is in a building wholly or
partially owned by a public entity who claims to be aggrieved by a discriminatory or an unfair practice as defined by part 4 of article 34 of title 24, including failure to comply with this article 5.7, may individually or through their attorney-at-law make, sign, and file with the Colorado civil rights division, created in section 24-34-302, a verified written charge stating the name and address of the respondent alleged to have committed the discriminatory or unfair practice. The charge must set forth the particulars of the alleged discriminatory or unfair practice and contain any other information required by the Colorado civil rights division.
Source: L. 2023: Entire article added, (HB 23-1057), ch. 254, p. 1441, � 1,
effective August 7. L. 2025: (5)(b) amended, (SB 25-300), ch. 428, p. 2439, � 6, effective August 6.
9-5.7-104. Restroom survey of state-owned buildings - priority of
modifications. (1) (a) The department of personnel shall complete a survey and provide it to the general assembly and the capital development committee determining the number and locations of signs that need to be replaced or modified pursuant to section 9-5.7-103 (3) for existing restrooms across all buildings wholly or partially owned by the state.
(b) For a building that is wholly or partially owned or leased by the state or a
state agency, if signage is needed at either the restroom location or the directory, a public entity that is a state agency or a state institution of higher education shall provide information on the number and locations of signs that need to be modified and may request state funding subject to available appropriations in order to comply with section 9-5.7-103 (3) to the state architect.
(2) The department of personnel shall provide an interim report to the
general assembly and the capital development committee by January 1, 2024, and a final report by July 1, 2024.
(3) For purposes of complying with section 9-5.7-103 (3), the department of
personnel
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)