River Outfitters

C.R.S. tit. 33, art. 32

in effect

C.R.S. § 33-32-101 Legislative declaration

33-32-101. Legislative declaration. The general assembly declares that it is the policy of this state to promote and encourage residents and nonresidents alike to participate in the enjoyment and use of the rivers of this state and, to that end, in the exercise of the police powers of this state for the purpose of safeguarding the health, safety, welfare, and freedom from injury or danger of such residents and nonresidents, to license and regulate those persons who provide river-running services in the nature of equipment or personal services to such residents and nonresidents for the purpose of floating on rivers in this state unless the provider of such river-running services is providing such river-running services exclusively for family or friends. It is not the intent of the general assembly to interfere in any way with private land owner rights along rivers or to prevent the owners of whitewater equipment from using said equipment to accommodate friends when no consideration is involved; nor is it the intent of the general assembly to interfere in any way with the general public's ability to enjoy the recreational value of state rivers when the services of river outfitters are not utilized or to interfere with the right of the United States to manage public lands and waters under its control. The general assembly recognizes that river outfitters, as an established business on rivers flowing within and without this state, make a significant contribution to the economy of this state and that the number of residents and nonresidents who are participating in river-running is steadily increasing.

C.R.S. § 33-32-102 Definitions

33-32-102. Definitions. As used in this article 32, unless the context otherwise requires: (1) "Advertise" or "advertisement" means any message in any printed materials or electronic media used in the marketing and messaging of river outfitter operations. (1.4) and (2) Repealed. (3) "Guide" means any individual, including but not limited to subcontractors, employed for compensation by any river outfitter for the purpose of operating vessels. (4) "Guide instructor" means any qualified guide whose job responsibilities include the training of guides. (5) "Person" means any individual, sole proprietorship, partnership, corporation, nonprofit corporation or organization as defined in section 13-21-115.5 (3), C.R.S., limited liability company, firm, association, or other legal entity either located within or outside of this state. (5.5) (a) "Regulated trip" means any river trip for which river-running services are provided which has been the subject of an advertisement or for which a fee has been charged regardless of whether such fee is: (I) Charged exclusively for the river trip or as part of a packaged trip, recreational excursion, or camp; or (II) Calculated to monetarily profit the river outfitter or is calculated merely to offset some or all of the actual costs of the river trip. (b) "Regulated trip" does not include a trip in which a person is providing river-running services exclusively for family or friends as part of a social gathering of such family or friends. (6) (a) "River outfitter" means a person advertising to provide or providing river-running services in the nature of facilities, guide services, or transportation for the purpose of river-running. (b) "River outfitter" does not include a person: (I) Whose only service is providing motor vehicles, vessels, and other equipment for rent; (II) Whose only service is providing instruction in stand-up paddleboarding, canoeing, or kayaking skills; or (III) Who is providing river-running services exclusively for family or friends. (7) "Trip leader" means any guide whose job responsibilities include being placed in charge of a river trip. (8) (a) "Vessel" means every description of watercraft used or capable of being used as a means of transportation of persons and property on the water, including all types of stand-up paddleboards. (b) "Vessel" does not include: (I) Any single-chambered, air-inflated devices that are not stand-up paddleboards; or (II) Seaplanes.

C.R.S. § 33-32-103 Powers and duties of the commission - rules

33-32-103. Powers and duties of the commission - rules. (1) The commission shall promulgate rules to: (a) Govern the licensing of river outfitters; (b) Regulate river outfitters, guides, trip leaders, and guide instructors; (c) Ensure the safety of associated river-running activities; (d) Establish guidelines to enable a river outfitter, guide, or trip leader to make a determination that the condition of the river constitutes a hazard to the life and safety of certain persons; (e) Establish insurance requirements for vehicles used by river outfitters; and (f) Carry out the purposes of this article 32. (2) The commission may promulgate rules specifically outlining the procedures to be followed by the commission and by the enforcement section of the division in the event of a death or serious injury during a regulated trip. (3) The commission shall e-mail a notice of every proposed rule to each licensee. (4) The commission shall adopt rules regarding: (a) Notification to outfitters of: (I) Certain division personnel changes within ten days after the change; and (II) Safety training standards; and (b) Customer and outfitter interaction training standards for division rangers who monitor regulated trips.

C.R.S. § 33-32-103.5 Variances

33-32-103.5. Variances. The director may grant variances from rules adopted by the commission pursuant to section 33-32-103 to any river outfitter on a case-by-case basis if the director determines that the health, safety, and welfare of the general public will not be endangered by the issuance of such variance.

C.R.S. § 33-32-104 License required - fee

33-32-104. License required - fee. (1) No person shall act in the capacity of a paid river outfitter or advertise or represent himself or herself as a river outfitter in this state without first obtaining a river outfitter's license in accordance with rules prescribed by the commission. (2) An applicant for a river outfitter's license shall meet the minimum qualifications pursuant to section 33-32-105 and shall apply on a form prescribed by the commission. All applicants shall pay a nonrefundable license fee in an amount determined by the commission, which fee shall be adequate to cover the expenses incurred for inspections, licensing, and enforcement required by this article, and shall renew such license pursuant to a schedule adopted by the commission upon payment of the fee. License terms shall not exceed three years. The commission may offer licenses that differ in the length of their terms and may stagger the length of license terms so that approximately equal numbers of licensees renew their licenses each year. (3) Every river outfitter's license shall, at all times, be conspicuously placed on the premises set forth in the license.

C.R.S. § 33-32-105 Minimum qualifications and conditions for a river outfitter's license

33-32-105. Minimum qualifications and conditions for a river outfitter's license. (1) A river outfitter's license may be granted to any river outfitter, either within or without this state, meeting the following minimum qualifications and conditions: (a) The river outfitter, if a corporation, shall be incorporated pursuant to the laws of this state or duly qualified to do business in this state. (b) The river outfitter shall submit to the commission evidence of liability insurance in the minimum amount of three hundred thousand dollars' combined single limit for property damage and bodily injury. (c) The river outfitter shall meet the safety standards for river-running established by the commission by regulation.

C.R.S. § 33-32-105.5 Minimum qualifications of guides, trip leaders, and guide instructors

33-32-105.5. Minimum qualifications of guides, trip leaders, and guide instructors. (1) Individuals providing the services of guides, trip leaders, or guide instructors shall have the following minimum qualifications and such additional qualifications as the commission may establish by rule: (a) Guides shall be eighteen years of age or older, possess a valid standard first-aid card, be trained in cardiopulmonary resuscitation, and have fifty hours of training on the river as a guide from a qualified guide instructor. (b) Trip leaders shall be eighteen years of age or older, possess a valid standard first-aid card, be trained in cardiopulmonary resuscitation, and have logged at least five hundred river miles, of which at least two hundred fifty river miles shall have been logged while acting as a qualified guide and no more than two hundred fifty river miles shall have been logged while acting as a guide on nonregulated trips. Miles from nonregulated trips shall be documented and signed by the trip leader under penalty of perjury, and the licensee shall retain the documents during the term of the trip leader's employment. (c) Guide instructors shall be eighteen years of age or older, possess a valid standard first-aid card, be trained in cardiopulmonary resuscitation, and have logged at least fifteen hundred river miles, of which at least seven hundred fifty river miles shall have been logged while acting as a qualified guide. (2) (Deleted by amendment, L. 2010, (HB 10-1221), ch. 353, p. 1642, § 7, effective August 11, 2010.)

C.R.S. § 33-32-106 Equipment required - employees required to meet minimum qualifications

33-32-106. Equipment required - employees required to meet minimum qualifications. (1) All licensed river outfitters shall provide the river-outfitting equipment required by rules promulgated by the commission, and said equipment shall be in a serviceable condition for its operation as required by the rules promulgated by the commission. (2) All river outfitters who employ or contract with guides, trip leaders, or guide instructors shall employ or contract only with such individuals who meet the qualifications provided in section 33-32-105.5 (1) and provided by those rules promulgated by the commission.

C.R.S. § 33-32-107 River outfitters - prohibited operations - penalties

33-32-107. River outfitters - prohibited operations - penalties. (1) (a) No river outfitter shall operate a river-outfitting business without a valid license as prescribed by section 33-32-104 or without insurance as provided in section 33-32-105 (1)(b). Any river outfitter that violates this paragraph (a): (I) Commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.; (II) Is liable for an administrative penalty of five times the annual licensing fee established pursuant to section 33-32-104 (2). (b) If the river outfitter is a corporation, violation of this subsection (1) shall result in the officers of said corporation jointly and severally committing a class 2 misdemeanor, and said officers shall be punished as provided in section 18-1.3-501, C.R.S. (2) It is unlawful for any river outfitter, guide, trip leader, or guide instructor to: (a) Violate the safety equipment provisions of section 33-13-106. Any person who violates the provisions of this subsection (2)(a) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars; except that any person who fails to have one personal flotation device for each person on board as required by section 33-13-106 (3)(a) commits a class 2 misdemeanor. (b) Operate a vessel in a careless or imprudent manner without due regard for river conditions or other attending circumstances, or in such a manner as to endanger any person, property, or wildlife. Any person who violates the provisions of this subsection (2)(b) commits a petty offense and, upon conviction, shall be punished by a fine of one hundred dollars. (b.5) Allow another person to operate a vessel without due regard for river conditions or other attending circumstances or in such a manner as to endanger any person, property, or wildlife. A person who violates this subsection (2)(b.5) commits a petty offense and, upon conviction, shall be punished by a fine of one hundred dollars. (c) Operate a vessel with wanton or willful disregard for the safety of persons or property. Any person who violates the provisions of this subsection (2)(c) commits a class 2 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501. (3) (Deleted by amendment, L. 94, p. 1229, § 6, effective July 1, 1994.) (4) (a) No river outfitter or guide shall operate or maintain physical control of or allow any other person to operate or maintain physical control of a vessel on a regulated trip if such river outfitter, guide, or person is under the influence of alcohol or any controlled substance or any combination thereof, as specified in section 33-13-108.1. (b) Any person who violates this subsection (4) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

C.R.S. § 33-32-108 Enforcement

33-32-108. Enforcement. (1) (a) Every peace officer, as defined in this section, has the authority to enforce the provisions of this article and in the exercise of such authority is authorized to stop and board any vessel. (b) As used in this section, "peace officer" means any division of parks and wildlife officer or any sheriff or city and county law enforcement officer certified by the peace officers standards and training board pursuant to part 3 of article 31 of title 24, C.R.S. (2) (a) Any actual expenses incurred by a governmental entity for backcountry search and rescue efforts stemming from any river running activity conducted for consideration by a river outfitter pursuant to this article 32 shall be reimbursed by said river outfitter. Such expenses shall include but not be limited to hours worked, fuel, a reasonable fee for use of equipment, and equipment repair or replacement costs, if any. (b) Pursuant to subsection (2)(a) of this section, any expenses incurred by governmental entities stemming from backcountry search and rescue efforts that are reimbursed by a river outfitter shall be distributed as follows: (I) If to local law enforcement agencies, on a pro rata basis in proportion to the amount of assistance rendered thereby; (II) If to the division of parks and wildlife, one-half of the moneys shall be credited to the parks and outdoor recreation cash fund, created in section 33-10-111, and one-half shall be credited to the wildlife cash fund, created in section 33-1-112. (III) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1393, § 24, effective July 1, 2011.) (3) (a) (I) If an authorized representative of the division conducts an inspection or investigation and determines that any provision of this article or any regulation promulgated pursuant to this article has been violated and that such violation creates or may create an emergency condition which may have a significant adverse effect on the health, safety, or welfare of any person, then such authorized representative shall immediately issue an order to the violating party to cease and desist the violating activity. (II) Any order issued pursuant to this paragraph (a) shall set forth: (A) The section of this article or the regulation promulgated pursuant to this article allegedly violated; (B) The factual basis for the allegation of a violation; and (C) A mandate that all violating activities cease immediately. (III) (A) The recipient of any cease and desist order issued pursuant to this paragraph (a) may request a hearing to determine whether a violation of this article or of any regulation promulgated pursuant to this article has actually occurred if such request is made in writing within thirty days after the date of the service of the cease and desist order. (B) [Editor's note: For the applicability of this subsection (3)(a)(III)(B) on or after January 1, 2025, see the editor's note following this section.] Any hearing conducted pursuant to this subsection (3)(a)(III) shall be in accordance with section 33-32-109 (3) and (4). (b) If a person fails to comply with a cease and desist order issued pursuant to paragraph (a) of this subsection (3), the director may request the attorney general or the district attorney for the judicial district in which the alleged violation occurred to bring an action for a temporary restraining order and for injunctive relief to enforce such cease and desist order. (c) No stay of a cease and desist order may be issued until a hearing at which all parties are present has been held.

C.R.S. § 33-32-109 Denial, suspension, or revocation of license - disciplinary actions

33-32-109. Denial, suspension, or revocation of license - disciplinary actions. (1) [Editor's note: For the applicability of this introductory portion to subsection (1) on or after January 1, 2025, see the editor's note following this section.] The commission, in accordance with subsection (3) of this section, may deny, suspend, or revoke a river outfitter license, place a licensed river outfitter on probation, or issue a letter of admonition to a licensed river outfitter if the applicant or license holder: (a) Violates section 33-32-105 or 33-32-106 or uses fraud, misrepresentation, or deceit in applying for or attempting to apply for licensure; (b) Unlawfully acts as a river outfitter if such violation results in a conviction; (c) Advertises as a river outfitter in this state without first obtaining a river outfitter license; (d) [Editor's note: For the applicability of this subsection (1)(d) on or after January 1, 2025, see the editor's note following this section.] Violates any provision of law regulating the practice of river outfitting in another jurisdiction if such violation resulted in disciplinary action against the applicant or license holder. Evidence of such disciplinary action shall be considered prima facie evidence for the possible denial, suspension, or revocation of a license or other disciplinary action in this state if the violation resulting in the disciplinary action in such other jurisdiction would be grounds for disciplinary action in this state. (e) Violates section 18-4-503 or 18-4-504, C.R.S., resulting in two or more second or third degree criminal trespass convictions within any three- to five-year period while acting as a river outfitter or guide; except that the commission shall be governed by section 24-5-101, C.R.S., when considering any such conviction; (f) Violates section 33-32-105.5 (1) by employing any person as a guide who fails to meet the requirements of such section; or (g) Violates any order of the division or commission or any other provision of this article or any rules promulgated under this article. (2) A plea of nolo contendere or a deferred prosecution shall be considered a violation for the purposes of this section. (3) [Editor's note: For the applicability of this subsection (3) on or after January 1, 2025, see the editor's note following this section.] (a) (I) Any proceeding to deny, suspend, or revoke a license granted under this article 32 or to place a licensee on probation shall be conducted pursuant to this subsection (3) and subsection (4) of this section. Such proceeding may be conducted by a hearing officer designated by the commission pursuant to this subsection (3). (II) The commission, when bringing an action against a license holder or an applicant pursuant to subsection (1) of this section, or a hearing officer who has been delegated authority by the commission, shall provide the license holder or applicant notice of the action. Such notice must: (A) Be sent by certified mail, with a return receipt requested; (B) Be sent to the last-known address of the license holder or applicant; (C) State the basis for the action under subsection (1) of this section; and (D) Include the date and location of the hearing. (III) A license holder or an applicant who receives a notice from the commission pursuant to subsection (3)(a)(II) of this section shall be given the opportunity to appear and dispute the commission's allegation and demonstrate at the hearing why the license holder's license should not be suspended or revoked, why the license holder should not be placed on probation or issued a letter of admonition, or why the applicant should not be denied a license. otice from the commission pursuant to subsection (3)(a)(II) of this section shall be given the opportunity to appear and dispute the commission's allegation and demonstrate at the hearing why the license holder's license should not be suspended or revoked, why the license holder should not be placed on probation or issued a letter of admonition, or why the applicant should not be denied a license. (b) (I) Any hearing conducted pursuant to this subsection (3) shall be conducted by a hearing officer on behalf of the commission. The director shall appoint the hearing officer, who may be an employee of the division. (II) Any hearing conducted pursuant to this section shall be held in the regional or area office of the division nearest to the last-known residence of the license holder or applicant or, in the case of a nonresident license holder or applicant, in such other location as may be determined by the division. (c) In conducting a hearing pursuant to this subsection (3), the hearing officer may administer oaths and affirmations, issue subpoenas for the attendance of witnesses or the production of documents, and apply to a district court with proper jurisdiction for the enforcement of those subpoenas. The hearing officer is not subject to part 10 of article 30 of title 24. (d) The hearing officer's determination in the hearing shall be sent to the license holder or applicant by certified mail, with a return receipt requested, to the license holder's or applicant's last-known address within thirty days after the conclusion of the hearing. (e) A license holder or an applicant may appeal the hearing officer's determination to the commission by filing a notice of appeal with the commission within thirty-five days after notice of the hearing officer's determination is sent in accordance with subsection (3)(d) of this section. (4) [Editor's note: For the applicability of this subsection (4) on or after January 1, 2025, see the editor's note following this section.] (a) The commission may deny an application for a river outfitter license or a renewal of a river outfitter license if the license holder or applicant: (I) Does not meet the requirements specified in section 33-32-105 or 33-32-106; or (II) Commits an act described in subsection (1) of this section. (b) If the commission denies an application for a river outfitter license or an application for a renewal of a river outfitter license, the license holder or applicant may request a hearing in accordance with subsection (3) of this section within sixty days after the date that the application was denied by the commission.

C.R.S. § 33-32-110 Advisory committee

33-32-110. Advisory committee. (1) The commission shall appoint a river outfitter advisory committee, consisting of two river outfitters and one representative of the division. The committee shall review and make recommendations concerning rules promulgated and proposed pursuant to this article. (2) Repealed.

C.R.S. § 33-32-111 Fees - river outfitters cash fund

33-32-111. Fees - river outfitters cash fund. All fees collected under this article shall be transmitted to the state treasurer who shall credit the same to the river outfitters cash fund, which fund is hereby created. The general assembly shall make annual appropriations from such fund for the direct and indirect costs of administration of this article.

C.R.S. § 33-32-112 Repeal of article

33-32-112. Repeal of article. This article 32 and the licensing function of the division are repealed, effective September 1, 2028. Before the repeal, the licensing function is scheduled for review in accordance with section 24-34-104.

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